§ LORD EDMOND FITZMAURICEasked the President of the Local Government Board, If it is true that the Law Officers of the Crown have decided that an application under Clause 16 of the Highway Act of last Session to dismain 1516 a road must apply to the whole of the trust, and may not apply to any part of a trust unless such part shall have been specially described in the Local Act constituting the trust; if it is the opinion of the Law Officers of the Crown that the second paragraph of Clause 16, beginning "Subject as aforesaid," applies only to main roads which have been disturnpiked since the passing of the Act or have been adopted under Clause 15 and not to roads which have been disturnpiked between the 31st of December 1870 and the passing of the Act; and, if it is his intention to introduce a Bill amending the Act in these and other particulars?
§ MR. SCLATER-BOOTHSir, the Law Officers have given their opinion that a Provisional Order can only deal with an entire disturnpiked road, or a road separately described in the Local Act. They have not been consulted on the second point, as to which no doubt has been entertained by the Department —namely, that the paragraph in question applies only to roads disturnpiked since the passing of the Act, or to such as have been adopted under Section 15. I have no intention, as at present advised, to amend the law in these particulars. Although it might have been convenient in some cases to have power to deal with parts of the disturnpiked roads mentioned in Section 13, it must be remembered that these roads have been exceptionally treated in their entirety since the year 1870. No doubt, it may be needful to amend the Act of last Session when we have had more experience of its working, and I have in contemplation a consolidation of the Highway Acts generally which may afford the opportunity.