HC Deb 22 August 1895 vol 36 c579
CAPTAIN BETHELL (York, E. R., Holderness)

I beg to ask Mr. Attorney-General whether Section 35, 25 & 26 Vic. c. 61, still describes the procedure to be followed where it is desired to make a road repairable ratione tenurae repairable by the highway authority, except so far as the highway authority has since been changed?


wished as a point of order to ask whether this question could be put, seeing that the other day he was informed at the Table that a particular question could not be put because it involved an abstract point of law? Was not this question of a similar character, and if so how was it that some members were allowed to put questions of this kind and others not?


said that as a rule abstract questions of law ought not to be put on the Paper. He had not had an opportunity of considering the question, but the Attorney-General might answer it if he chose to do so.


As regards highways situate in a highway district or transferred to a Rural District Council under the Local Government Act of 1894, the procedure to be followed is that prescribed by Section 35 of 25 & 26 Vic., cap. 61, as amended by Section 24 of the Highway Act, 1864. As regards highways in rural parishes not forming part of a highway district, or in urban parishes, the procedure is governed by the analogous Section 62 of the Highway Act, 1835.