But it has to be borne in mind that it is not every highway that is repairable by the inhabitants at large.
The hundred rate is seldom made, though in some counties it may be made for purposes of main roads and bridges chargeable to the hundred as distinguished from the county at large; (ii.) the borrowing of money; (iii.) the passing of the accounts of, and the discharge of the county treasurer; (iv.) shire halls, county halls, assize courts, the judges' lodgings, lock-up houses, court houses, justices' rooms, police stations and county buildings, works and property; (v.) the licensing under any general act of houses and other places for music or for dancing, and the granting of licences under the Racecourses Licensing Act 1879; (vi.) the provision, enlargement, maintenance and management and visitation of, and other dealing with, asylums for pauper lunatics; (vii.) the establishment and maintenance of, and the contribution to, reformatory and industrial schools; (viii.) bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives Amendment Act 1878 in the county authority.
It may be observed that bridges have always been at common law repairable by the county, although, with regard to bridges erected since the year 1805, these are not to be deemed to be county bridges repairable by the county unless they have been erected under the direction or to the satisfaction of the county surveyor.
Another duty imposed upon a borough council by the act of 1882 is the maintenance of bridges within the borough which are not repairable by the county in which the borough is Borough locally situate.
The result has been that district councils frequently find themselves in the position of being responsible for the repair and condition of drains which, by reason of having been laid for more than one house, are sewers vested in and repairable by them.
Those which are and those which are not highways repairable by the inhabitants at large.
Before the year 1836 as soon as a way was dedicated to public use and the public had by user signified their acceptance of it, it became without more notice repairable by the parish.
Therefore every highway - whether carriage-way, driftway, bridleway or footway - which can be shown to have been in use before 1836, is presumably repairable by the inhabitants at large, the only exceptions being such highways as are repairable by private persons or corporate bodies ratione clausurae, ratione tenurae, or by prescription.
But mere dedication did not make the way repairable by the public. That result was not to follow unless certain stringent requirements were fulfilled.
When it is shown, therefore, that a highway has been dedicated after 1836, it is not repairable by the inhabitants at large unless it can be shown that these provisions have been complied with, or that it has been declared to be repairable under provisions of the Public Health Acts presently to be mentioned.
(There was also power given to justices, by the Highway Act 1862, to declare a private road or occupation road in a highway district to be a public highway repairable by the parish; but this power does not appear to have been acted upon to any extent.) All streets being highways repairable by the inhabitants at large within an urban district, are vested in and under the control of the urban council.
The other class of streets consists of those which are not highways repairable by the inhabitants at large.
When all or any of the works aforesaid have been executed in the street, and the council are of opinion that the street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in the street declare it to be a highway repairable by the inhabitants at large, and the declaration will be effective unless, within one month after the notice has been put up, the majority of the owners in the street object thereto.