Edinburgh Roads and Streets Act 1862

JurisdictionUK Non-devolved
Citation1862 c. liii
Year1862
ANN0
VICESIMO
QUINT0
Cap
liii.
Ani
Act to coiisolidate
and
amend
the
Acts
relating
to
the Maintenance and Repair
of
the
Roads,
Streets,
and
Bridges
within the District
of
the
City
of
Ecli12bzsrqh,
and
the Assessments payable
iia
respect thereof; and
for
other
Purpos&.
[3d
Juize
1862.1
-
HEREAS
an Act
was
passed in the Fifth and Sixth Year
of
the
Reign
of
His
late Majesty
King
WilZiam
the Fourth,
iiitituled
An
Act for
snore
efectually
making,
repairing,
and
5
pt
6
W.
4.
crrzaintcziizing the
Turnpike
Roads
in
the
County
of
Edinburgh
;
and another
'*
Act
was
passed in the same Year and Reign: intitulecl
An
Act for
5
&
6
W.
4.
furtho- regulating the Statute
Labour
and repairiy the Highways
and
'*
lXviii.
Bridges in the
Countzy
of
Edinburgh
;
and another
Act
was
passed in the
Ninth
and
Tenth Year
of
the Reign
of
Her
present Majesty Queen
Victoria,
intitnled
An
Act
for
further re,Yulating the Repair
and
J5ain-
9
&
10
Vict.
tenance
of
the
Roads,
Streets, and Bridges within the Middle District
of
'*
ccc'xv.
the
Cotmty
of
Edinburgh,
and
the
Assessments payable
in
respect thereof,
and
for other Purposes
relatiny
tlzewto;
and another
Act
was
passed
in
the
Seventeenth ancl Eighteenth Year
of
the same lteign, intituled
An
17
&
18
Vict.
Act
for
Removal
of
Toll
Bars
beyorid
the Parliamentary Boundaries
of
the
c*
CxxxiV-
City
of
Edinburgh,
and
for
other Purposes;
and another
Act
was
passed
[Local.]
8A
in
25”
VICTORILE,
Cap.1iii.
---
~
____
646
The
-
~~
Edinburgh
-
Boasand Streets Act,
1862.
~
19&20Vict.
in the Nineteenth and Twentieth Year
of
the same Reign, intituled
An
c*
xxxii.
Act
to
extend the Municipal Boundaries
of
the
City
of
Edinburgh,
to
transfer the Powers
of
the Commissioners
of
Police
to the Mugistrates and
Council,
and
for
other Purposes relating to the Municipality
of
the said
City:
And whereas it is expedient that the first-recited Sct should in
certain Particulars be amended, and that the other recited Acts,
in
so
far
as
they relate
to
the Roads, Streets, and Bridges within the Middle
District
of
the County or the District of the City
of
Edinburgh,
should
be repealed, and the Provisions thereof be re-enacted, consolidated, and
amended, and that the Assessments and Duties leviable for the Repair
and Maintenance of the said Roads, Streets, and Bridges should be
altered and re-adjusted, and new Duties imposed, and that Powers
should be taken for the Disposal
of
a
Fund set apart and invested under
Authority
of
the third-recited Act, and other Provisions be made in
regard to the said Roads, Streets, and Bridges, and in regard to Matters
connected therewith
;
but
as
these Objects cannot be effected without
the Aid and Authority
of
Parliament:
May
it
therefore please Your
Majesty that it may be enacted
;
and
be it enacted by the Queen’s most
Excellent Majesty, by and with the Advice and Consent
of
the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by Authority of the same, in manner following
;
(that is
1.
In citing this Act it shall be sufficient to use
the
Expression
The
to
say,)
Short
Title.
Edinburgh
Roads and Streets Act,
1862.”
Repeal
of
certain
re-
cited
Acts.
2.
Subject to the Provisions
of
this Act, the second, third, fourth,
and fifth recited Acts,
in
so
far as they in any way relate to the
Roads,
Streets, and Bridges
of
the Middle District of Roads
of
the County
of
Edinburgh,
or Purposes connected therewith, are hereby repealed.
Interprets-
tion
of
Terms.
3.
In this Act the following Words and Expressions shall have the
several Meanings hereby assigned to them, unless there be something
in the Subject or Context repugnant to such Construction; (that is
The Word
‘(
Sheriff’’ shall mean and include the Sheriff of the County
of
Edinburgh
or any
of
his Substitutes, except in his Appointment
as Trustee under this Act
:
The
Words “Lands and Heritages” shall bear the Construction
attached
to
them in the Act
of
17
and
18
Vict.,
“for the Valuation
of
Lands and Heritages in
Scotland
?’
The Word
Street
shall include any Square, Conrt, or Alley, High-
way, Lane, Thoroughfare, or public Passage or Place within the
District defined
in
this Act open to be used by Carts and
Carriages
:
The Words
private Streets
’’
shall mean Streets within the District
which are
or
may be maintained by Superiors, Proprietors, Feuars,
Tenants,
to say,)
25”
VICTORI.E,
Cup.liii.
647
The
Bdinburgh
~
Roads
and
Streets
Act,-1862.
__
_________~ ~ ~~
Tenants, Bodies Politic
or
Corporate,
or
other Persons, and not by
the Trustees or the Road Trustees of the County:
The Word
‘(
Bridge” shall mean the Carriageway only
of
a
Bridge
and the Footpath thereof where this Act provides that the same
shall be maintained by the Trustees
:
The Word
Causeway
shall include all Modes in which Carriage-
ways
of
Roads
or
Streets are
or
may be constructed and main-
tained
:
The Words
the Trustees
shall mean the Members
of
the City of
Edinburgh
Road Trust as constituted by this Act
:
The Words
the District” shall mean the City of
Edinburgh
District
of Roads
as
herein defined:
The Words
Magistrates and Council
shall’mean the Lord Provost,
Magistrates, and Couucil
of
the City of
Edinburgh
:
The Word
Owner
shall include Fiar, Life-renter, Feuar, or other
Person in the actual Possession
or
Receipt of the Rents
of
Lands
and Heritages, and the Factor, Agent,
or
Commissioner
of
such
Person who shall draw the Rents.
4.
From
and after the Second
Jlmday
of
Decmber
after the passing
Constitution
of
Trust.
of
this Act the
Lord
Provost of the City
of
Edinburgh,
the Sheriff of
the County
of
Edinburgh,
the Junior Bailie
of
the said City, the Dean
of Guild
of
the said City, the Convener of the Trades of the said City,
all
for the Time being, Two Conveners of County Districts of Turnpike
Roads in the said County to be elected annually by the Conveners of
the several County Districts, One Person
to
be annually elected by each
of the following Public Bodies, the Merchants Company
of
Edinburgh,
the Faculty
of
Advocates, the Society
of
Writers to the Signet, and the
Society
of
Solicitors in the Supreme Courts, Three Persons possessed of
sufficient Heritable Property in the Parish
of
St.
Cuthberts
to enable them
to act as Trustees in any Parish of the said County other than those
within the City
of
Edinburgh
District
of
Roads to be annually elected
by the Justices
of
the Peace
of
the said County, and Thirteen Persons
to
be elected
in
manner herein-after provided by the Electors in the
Thirteen Wards into which the City of
Edinburgh,
under the Authority
of the
‘(
1856,”
has been divided,
shall be and are hereby appointed Trustees for carrying this Act into
execution, and shall be called
The City
of
Edinburgh
Road Trust,” in
place
of
the Trustees of the Middle District
of
Roads of the County of
&’dinburgh
or City of
Edinburgh
Paving Board
as
in the recited Acts
:
Provided always, that from and after the passing of this Act until the
Certain
said Second
Monday
of
December
the
Trustees
of
the Middle District
of
Roads
of
the County
of
Edinburgh
or City of
Edinburgh
Paving Board,
who at the passing
of
this Act may be acting under the Authority
of
the
recited Acts, shall under the said Name or Description of the
‘‘
City
of
Bdinburgh
Road Trust
continue to
act
as Trustees
for
the Purpose of
carrying
Trustees
to
continue.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT