Prior to the late 19th century, Britain lacked a national framework for highway maintenance. The responsibility for road upkeep primarily fell on the local population through two main systems:[3]
Statute labour: for much of the 17th, 18th and 19th centuries, every able-bodied man to contribute six days of unpaid labour annually to repair local roads.
Turnpikes: introduced in 1663, toll-gates placed across roads, requiring travellers to pay a fee for passage, with the collected revenue was then used for road repair and maintenance.
Authorised the Trustees to erect turnpike gates to the east of Hyde Park (near Hay-Hill); to the east of William Green's Brewhouse (leading to Chelsea); and between Kensington and Chelsea.
For settling of tolls depending on the type of vehicle.
Penalties for non-payment of tolls or for assisting its evasion by means of a diversion road.
Exemptions from liability for tolls.
Trustees’ power to appoint officers including receivers, collectors and surveyors; penalty for any receiver failing to account for toll moneys received.
Surveyors authorised to take steps to collect from neighbouring land any building materials necessary to repair the roads and to remove obstructions from the roadways; surveyors authorised to widen roads, make pavements and lay drains and pay compensation to adjoining owners.
Trustees authorised to borrow money on the security of the tolls; only one toll to be paid per road despite the number of turnpikes to be passed on that road; anti-avoidance provisions; exemptions from tolls.
Continuance of any existing liability to repair the roads; position as to liability for statute labour; recovery of penalties imposed under this act
The tolls imposed by the act to continue for 21 years from 1 June 1726 (unless the roads were sufficiently repaired before then).
Appointment of replacement Trustees; first meeting of Trustees to be on or before 26 May 1726.
Provision for the watering of the road from Piccadilly to Hyde Park Gate to settle the dust in dry weather.
Civil procedure issues and status of the act.
Repeal
Under the terms of the act, the authority to charge tolls was to expire no later than 31 May 1747.[3] The 19th Statute Law Repeals Report of the Law Commission recommend repealing the act:[3]
"Since the repair of the roads pursuant to the Act was dependent upon the receipt of those tolls, it follows that the Act as a whole has served no useful purpose for at least 260 years."
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