The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1888-05-26 00:00:00

FOOTPATH PRESERVATION.

Mr. Shaw Lefevre, M.P., has introduced a
bill which has for its object the better protection of
footpaths and roadside wastes. He proposes to em-
power every highway authority, if they think it ex-
pedient for the convenience of the inhabitants of the
neighbourhood, to improve and snaintain the public
foothpaths within their area in a proper state for the
use of the public. In doing so they are directed to
have regard to the " circumstances of the case" and
to the degree of the "user "of the paths. Under the
bill the highway authority may also put up direction
posts or other indications of the course of public foot-
paths. Moreover, they may have these footpaths de-
lineated on a map; and to reimburse the expense may
allow copies of the map to be taken. They are further
directed by the bill to cause any information they may
have as to the course of the footpaths to be given to
any one who requires it. In return for this, however,
the expenses incurred by the authority in giving this
information are to be paid. The bill makes it the duty
of every highway authority to prevent, as far as is
possible, the closure or obstruction of any public
footpath within their area, even if it only be reputed
to be one. For this purpose they are authorised to
institute legal proceedings, and to defend them, and
generally to take any steps they may deem expedient.
The obstruction of a public footpath is to be regarded
as a private nuisance to the highway authority and.
to any inhabitant of the parish; and an action may
accordingly be brought in the County Court for its
abatement and for damages in respect of it. When
a footpath has been used by the public for 20 years
as of right, it is to be conclusive proof of there
having been a legal dedication of a public right of
way. Then, again, if three or more ratepayers com-
plain to the magistrates that a public footpath in
their parish has been obstructed, the magistrates are
directed to inquire into the truth of the complaint in
the best manner they can, and their report is to be
advertised and sent to the Local Government
Board, which is required to make an annual return
of such reports to Parliament. Encroachments
on roadside wastes adjoining carriageways and cart-
ways are also dealt with in the Bill. If a person
encroaches on a roadside waste by making a building,
a fence, or a ditch, or by removing soil or turf, he is
to incur the same penalty as if he had encroached
within 15 feet of the centre of the carriageway or
cartway. This penalty is a fine not exceeding 405.;
and the magistrates may levy on the offender the ex-
penses of removing the encroachment or restoring the
injury. By a "roadside waste" is here meant any
land which adjoins a public carriageway or cartway,
and is not separated from it by a legally made fence,
and over which the public have a right of way. An
attempt is also made to prevent the destruction of
wild flowers. If a person, who has no legal right to
do so, uproots or destroys any wild ferns, wild flower-
ing plants, or other wild plants, not being noxious
weeds, growing on a roadside waste or commonland,
he will be liable, on summary conviction, to a penalty
of is. for each plant. To get off, he must show that
he did not do so for the purpose of sale or gain, or
from malice. The gathering of mushrooms is excepted
from this regulation. 3