Road – Road Trustees – Power to Light Roads – Roads and Bridges Act 1878 (41 and 42 Vict. c. 51, sec. 119, and Schedule C – Great Western Road Act (6 and 7 Will. IV. cap. cxxxviii), secs. 14 and 23
Held (rev. judgment of Second Division) that county road trustees under the Roads and Bridges Act 1878-which declares that such trustees shall be liable in all the debts, liabilities, claims, and demands in which the trustees under previous local Acts were liable, and shall be bound to expend their assessments in ‘maintaining and repairing’ highways under their jurisdiction-are not bound or entitled to expend their statutory funds raised by assessment in lighting roads within their jurisdiction, whether such roads were previously lighted by the former trustees or not, the duty of lighting not being any part of the ‘maintenance or repair’ of roads.
Judges:
Lord Chancellor Halsbury, Lord Blackburn, and Lord Watso
Citations:
[1886] UKHL 50, 24 SLR 50
Links:
Jurisdiction:
Scotland
Transport, Local Government
Updated: 03 July 2022; Ref: scu.637738