THE EARL OF KIMBERLEYrose to call attention to the provisions of the Highway Act of last Session, as to the expenses of "main roads," and to ask whether Her Majesty's Government intend to introduce any Bill to amend those provisions? The noble Earl said it would be remembered that the Act enabled the county authorities to declare any road whatever to be a main 885 road; and the point he wished to raise was, whether they were empowered by the Act to pay half the expenses connected with such roads? It was argued that all taxing clauses should be precise and clear in their effect, and he was aware that the 18th clause of the Act provided that in the case of
Main roads the accounts should be rendered separately by the highway authorities to the county authority, and that in the event of any default in the rendering of those accounts the county authority might refuse to contribute half the expense of maintaining' the roads, as provided by the 13th clause.It might, therefore, be said that the whole of the main roads were covered by the Act, and he wished to know whether Her Majesty's Government entertained any doubts on the subject, and whether, if so, they intended to introduce a Bill this Session to amend the provisions of the Act?
THE DUKE OF RICHMOND AND GORDONsaid, no doubt his noble Friend had not put this Question from mere curiosity, because the subject had occupied the attention of several Quarter Sessions during the past year, and especially the Quarter Sessions of the County of Norfolk. He could not share the doubt that had been raised. The 13th section of the Act provided that all the turnpike roads should become main roads, and as such should have half the cost of their maintenance borne by the county rates. Then followed the 15th section, which provided that the highway authority might proclaim a road to be a main road. What, he should like to know, would be the use of that provision, unless something turned upon the fact that they had acquired a right to that name? That being so, the Government were of opinion that the same provision which applied to main roads under Clause 13 equally applied to those under Clause 15. He understood that the same conclusion had been arrived at by an eminent Counsel to whom a case had been submitted by the Justices of Northumberland. He had therefore arrived at the conclusion that it would not be necessary to introduce a declaratory Act during the present Session to remove the doubts as to the interpretation of the Act which had arisen in the minds of some persons. It was possible, however, that in the course of time it might be necessary to consolidate the general 886 Highway Acts, in which case, if any doubts on the subject still existed, the opportunity might be taken to obviate them.
§ LORD SELBORNEdid not think the matter was so free from doubt as the noble Duke seemed to suppose, and suggested the expediency of making the law clearer.