THE CREATION of HIGHWAYS Express Dedication at Common Law
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Modernising English Criminal Legislation 1267-1970
Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7). -
National Parks and Access to the Countryside Act 1949
National Parks and Access to the Countryside Act, 1949 12, 13 & 14 GEO. 6. CH. 97 ARRANGEMENT OF SECTIONS PART I THE NATIONAL PARKS COMMISSION Section 1. The National Parks Commission. 2. Constitution of Commission. 3. Power of Minister to give directions to Commission. 4. Annual Report of Commission. PART II NATIONAL PARKS 5. National Parks. 6. General duties of Commission in relation to National Parks. 7. Designation and variation of National Parks. 8. Arrangements for administration of functions of local planning authorities as respects National Parks. 9. Development plans relating to,National Parks. 10. Duty of local planning authority to formulate, and carry out, proposals for the purposes of s. 5 (1). 11. General powers of local planning authorities in relation to National Parks. 12. Provision of accommodation, meals, refreshments, camping sites and parking places. 13. Improvement of waterways for purposes of open-air recreation. 14. Acquisition by Minister of land in National Parks. PART III NATURE CONSERVATION 15. Meaning of " nature reserve ". 16. Agreements with Nature Conservancy for establishment of nature reserves. A i CH. 97 National Parks and 12, 13 & 14 GEo. 6 Access to the Countryside Act, 1949 Section 17. Compulsory acquisition of land by Conservancy for establish- ment of nature reserves. 18. Compulsory acquisition of land by Conservancy for main- tenance of nature reserves. 19. Declarations what areas are nature reserves. 20. Byelaws for protection of nature reserves. 21. Establishment of nature reserves by local authorities. 22. Power of drainage authorities to do work in nature reserves. 23. Duty of Conservancy to inform local planning authorities of areas of special scientific interest. -
Definitive Map Modification Order
EVIDENCE GUIDANCE As definitive map modification order (DMMO) applications are based purely on evidence, you will need to compile sufficient user and/or historical documentary evidence to support your application. User evidence User evidence is provided by people who have used a claimed route. This is done by the completion of user evidence statements included with the application pack. This type of evidence can be used for ways to be added to the definitive map, or for ways already recorded on the definitive map to be changed. Most applications involve user evidence and are based on Section 31 of the Highways Act 1980 which states: 1) “Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as a right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.” This means that the public will have acquired a right of way in circumstances where: i. It does not appear that the landowner has given the public a right of way under common law, ii. The public have continuously used a way for at least 20 years without being stopped in any way, and iii. There is insufficient evidence to show that the landowner did not intend to let the public use the path as a right of way. -
Part Traffic, Safety and Environmental Management
Part III Traffic, Safety and Environmental Management 11. Managing Use of the Road System 12. Town Centres 13. Procedures for Implementing Traffic Management Measures 14. Enforcement 15. Information for Transport Users 16. Road Safety 17. Environmental Management 18. Technology for Network Management 19. Parking 20. Traffic Calming and the Control of Speed 21. Demand Management 22. Pedestrians 23. Cycling 24. Measures to Assist Public Transport 25. Management of Heavy Goods Vehicles 140 TRANSPORT IN THE URBAN ENVIRONMENT Chapter 11 Managing Use of the Road System 11.1 Introduction by bicycle. The need and justification for more general access by motor vehicles of various kinds This Chapter provides an overview of the issues depends upon the nature of the activities carried out affecting the management of the road system, at the premises or on the land, the space available for covering: vehicles within and near the site and the competing ❑ all uses, including by those not actually travelling; demands of other uses for the relevant parts of the ❑ institutional issues and policies; highway. Where the scope for vehicular access is ❑ design and management techniques; and limited, it may be appropriate to provide closer access ❑ objectives and consultation. for public transport and service vehicles than for private cars. Service vehicles and private cars used In particular, it addresses the importance of for access by their drivers usually need to be parked developing a functional hierarchy for road systems in near their destinations, which often results in parking urban areas. being a major use of highway space. A vehicle which needs to gain access via particular 11.2 Use of the Road System for streets near to the origin and destination of its Transport journey is, nevertheless, part of the ‘through’ traffic on each other road or street that it uses on the way. -
VOL. I. COMMON PLEAS DIVISION. 329 Think, Therefore, That the Rule Should Be Absolute to Reduce the Ig7g Damages to a Nominal Sum
VOL. I. COMMON PLEAS DIVISION. 329 think, therefore, that the rule should be absolute to reduce the ig7G damages to a nominal sum. SANDERS Rule absolute. «• STUART. , Solicitors for plaintiffs : Stoclcen & Jupp, for Raddiffe & Layton. Solicitors for defendant: Ridsdale and Craddock. BAILEY AND ANOTHER V. JAMIESON AND OTHERS. Jan. 26. Highway—Access becoming impossible. A way ceases to be a "public highway" where the access to it at either end has become impossible by reason of ways leading to it having been legally stopped up. THE first count of the declaration alleged that the defendants broke and entered land of the plaintiffs at Bothal village, and broke down fences, and destroyed the herbage, &c. The second charged similar trespasses in Bothal Wood; and the third in Welbeck Wood. Pleas,—1. Not guilty,—2, 3, and 4, a denial that the land, fences, and herbage in the first and second counts respectively mentioned belonged to the plaintiffs,—5. To the first count, a claim of a right of way,—6. To the first count, that the plaintiff's had unlawfully erected barriers, and the defendants removed them,—7 and 8. Similar pleas to the second and third counts,—9. Leave and licence. Issue. The cause was tried before Pollock, B., at the last Newcastle spring assizes. There was evidence that there had formerly been a public foot-way, though not a very convenient or much fre- quented one, through certain woods held by Bailey under the Duke of Portland, called respectively Welbeck Wood and Bothal Wood, leading from a place called Sheepcot Eectory to Bothal village; but that, in consequence of other ways which led to it having been stopped by orders of the quarter sessions in Sep- tember, 1873, and March, 1874, there ceased to be any access to either end of it.