LAW OF HIGHWAY, THE, defines the rights of the public on a highway, which may be described as a public road over which all persons have full right of way—walking, riding or driv ing. Such roads in England for the most part either are of imme morial antiquity or have been created under the authority of an act of parliament. But a private owner may create a highway at common law by dedicating the soil to the use of the public for that purpose; and the using of a road for a number of years, with out interruption, will support the presumption that the soil has been so dedicated. At common law the parish is required to main tain all highways within its bounds; but by special custom the obligation may attach to a particular township or district, and in certain cases the owner of land is bound by the conditions of his holding to keep a highway in repair. Breach of the obligation is treated as a criminal offence, and is prosecuted by indictment. Bridges, on the other hand, and so much of the highway as is immediately connected with them, are as a general rule a charge on the county; and by 2 2 Henry VIII. c. 5 the obligation of the county is extended to 30o yd. of the highway on either side of the bridge. A bridge, like a highway, may be a burden on neighbour ing land ration tenurae. Private owners so burdened may some times claim a special toll from passengers, called a "toll traverse." Extensive changes in the English law of highways have been made by the Highway Act 1835, and amending acts of 1862,1864, 1878 and 1891. The Highway Act 1835 places the highways under the direction of parish surveyors, and provides for the necessary expenses by a rate levied on the occupiers of land. It is the duty of the surveyor under summary penalty to keep the highways in repair. The amending acts, while not interfering with the opera tion of the principal act, authorize the creation of highway dis tricts on a larger scale. By the Local Government Act 1888 the entire maintenance of main roads was thrown upon county coun cils. The Public Health Act 1875 vested the powers and duties of surveyors of highways and vestries in urban authorities, while the Local Government Act 1894 transferred to the district coun cils of every rural district all the powers of rural sanitary authori ties and highway authorities. (See UNITED KINGDOM : Local Gov
ernment.) The Highway Act of 1835 specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him—riding upon the cart, or upon any horse drawing it, and not having some other person to guide it, unless there be some person driving it ; negligence causing damage to person or goods being conveyed on the highway; quitting his cart, or leaving control of the horses, or leaving the cart so as to be an obstruction on the highway; not having the owner's name painted up; refusing to give the same ; and not keeping on the left or near side of the road, when meeting any other carriage or horse.
The "rule of the road" given above is peculiar to the United Kingdom. The general rule on the continent of Europe and in America is that when vehicles approach and are about to pass each shall keep to the right of the centre of the highway.
By the Road Transport Lighting Act, 1927, every vehicle on any road must during the hours of darkness (in summer from one hour after sunset to one hour before sunrise and in winter from half-an-hour after sunset to half-an-hour before sunrise) carry two lamps showing to the front a white light and one lamp showing to the rear a red light. No red light may be shown to the front or any light other than a red light to the rear. Bicycles not having a side-car, tricycles not propelled by mechanical power and invalid carriages need carry only one white light and tricycles and bicycles not propelled by mechanical power may carry a red reflector instead of a red lamp. Special provisions apply to vehicles towing and being towed or with overhanging or projecting loads. The provisions are modified for horse-drawn vehicles especially those used for agriculture. The minister of transport is given power, moreover, by regulation to add to or vary the requirements of the act.