THE KING'S HIGHWAY.

Auckland Star, Volume LIX, Issue 177, 28 July 1928, Page 21

THE KING'S HIGHWAY.

OFF THE BEATEN TRACK. ORIGIN OF THE TERMS. bIGHT.v AND RESTRICTION:?. I>. THERE A REASONABLE WUMAX? '■ I hey v>ho set an example make a j. ghway. Others follow the example a use it is easier to travel on a highjy than over untrodden grounds." Ihe w orris of Mann might with due appropriateness be applied to the feat of ' apt.iin Kingsford Smith and his gallant '.mpanions in blazing an air trail aero— ihe Pacific Ocean. They have in \erv truth marked out the route of another lighway, an aerial route previously unexplored. but, it is not an All-Red route, mi, therefore, cannot be called a Kind's if it'll way. " Arising out of a conversation regardfho rights and restrictions of the 1 I '•'i e on the King's Highway, a mem- ' of the "Auckland Star"" staff dc-•-led to delve into the question. First ot .ill ]m found by referring to a -. aadaid dictionary that a highway was .1- -i'ci-ified line of travel, by land'or by v..Her. over which a right or easement - enjoyed by the public of freely passing. a public thoroughfare as distinguished from a private way. Such a thoroughfare is termed a highwav adistinguished from a private way or a turnpike toll road, because of its being •.edicated by grant of record or - appropi- • 'ted by legislative Act to the free and absolute use of the public forever. In I nglish history, highway designated the Main public road, which was the subi -ct of special royal enactments eon- ' rolling tlie policing thereof; it was ■opularly known as the King's Highway. I lift fact that a road ha- been in use i n interruptedly for a number of vears .20 if the owner was aware, but made no ojection, a shorter period if any cir■•iinistance during the time implied dc- • Lication) supports a presumption of dedication. If a highway be out of repair, the public have a right to pass 011 adjoining land even though enclosed with a fence, but unnecessary damage must not be done. Obstructing a highway is a common law nuisance, but a reasonable necessity will justify a temporary obstruction.

Motorists Have no Rights. It- may tome as a surprise to those motorist? who think theyown the highway to learn that although they have a right on it they have no right.-.. Aci ording to authorities the public right over a highway is merely that of passing along it. There is no right to use it. as a place for public meetings or ;i-taomblage*, and there are several recorded cases showing that one's mere presence on a highway for ulterior pur-|»'-es may well be illegal and actionable. For example, in the case of a man who repeatedly and for the purpose) of annoying, passed and repassed i lie plaintiff's window while the latter and his family were dining, and again : : 'i the now classic case of Harrison w J hike of Rutland, where it was held i hat a man had no right to go on to a highway merely for the purpose of using it to interfere with another man's righT , of shooting by preventing the grouse t.iroin flying towards the butts occupied by shooters. To obstruct a road i- a | ■crimiiu'l offence, and any member of tin public may remove the* obstruction, it has also been held that a highway cariH ! ot at common Jaw cease to be Mich bv (abandonment or non-usage, for "once a 'highway always a highway." 11le story of the King's Highway shows ,-hat when it was lirst created there was ;>"> such thing as a road in the modern (Uleaning of the term. To a citizen of :« v.'ii the 18th century the King's Highway was merely an abstract conception. '.What existed was nothing but a right of way from village to village, which if much used became a beaten track, Tience the origin of the term ' off the beaten track." There are many things which may not bo done on the highway. Many acts which are not breaches of the law when performed on private property become «>ii'ences on the public highway, and yet n ifro are some indictable offences which •Me sanctioned under certain circumstances on the King's Highway. Some of the things which must not be done are "Furious driving," "make" or repair any part of a vehicle," '"play football or cricket." "camp," "ride on the shaft of a wagon or carriage."' "allow cattle to straw" i>r "cause obstruction." The Glory of the Coach. The advent of the motor car ha- vhim\*hat changed the aspect of travel on i lie King's Highway, but it is not generally known that present crowding ofithe highways is but history repeating itself. The coach, the forerunner of the motor ear, was at lirst reserved for Koyalty and the aristocracy. The first u.«ed in ."England was built lof the Earl of Rutlaud in and shortly after anoth.-,' for Queen Mary. Queen Elizabeth reone from the "Netherlands in ]->G4. ]'>v coaches had become common in Tngland. The lirst stage coach in Eng;i;iml ran from Coventry to London in J li.'i'.t. Over the bad and heavy roads of 1 he period travelling was slow, the jour--si'-v from London to Oxford taking two days, an average speed of three miles per hour. With the improvement of roads, brought about early in the 10th century, the rate of speed arid comfoit of passengers were greatly increased. The Wonder coach, running between Shrewsbury and London, accomplished > thc whole distance of I">S miles at a dailv average of 12 miles per hour throughout • -the year. With the advent ot the railways, coaching was gradually relegated to a. pastime. The first sta ? out of T.ondo'n on the Great Western Koad. was in 7 800 one of the busiest thnrnghfare* in the world. A fullv-laden stave coach passed every six minutes, day and nigM throughout Ihe venr. There were 11-" lines of coaches doiiur SOO trips a week

The Anckland-iramilfon service cars have a lomr way lo go to e<|iial tha f record of service. Carrying the King's Mail. ftp caking of the right of the road, it h on record that in the old coaching ,l,vs in New Zealand, on the run from VVnim.'toV to the Wairarapa a certain llrivcr was wont to force one »f n.v passengers to bet him a bottle «;f lhat he would pass the incoming coach In'vond the -Devil's Elbow • 011 the Rimnk The '-Devil's Elbow" was li 'tween the summit and 1 eather.-ton. and the j.-liw drove his team at a f«"OUs pace down the narrow mountain tiack, the coach rocking perilously as it swung joiind the corners. On one tnp.after Mvinein" safely round a corner to the ;, "5 horror, a dray loaded with s'rin-le was met fair in the middle oi HA. W man in charge of he ,1 av la 11 round to the back, and the, ioaih driver, with the dexterity of hi.

class, steered liis leaders into the bark I .'it tbc pole of the coach found it* wv . I I between the neck and collar of the 1 | horse. Immediately tlie coach d-iv I wanted to know what right the own. lor Ihe dray had on the road. V.'h:,:' ; right lie had to hold up the King's ui.v!' j on the Jvincfc? higliwu v ? It j* not generally known .hat I mob of sheep could hold up a mu-i ; ; coach fur a period of fifteen minute.-, [hut. tho recently-issued regulations under' tho .Motor Vehicles Act say that every, driver (if a motor vehicle shall, on ap-' proaching' any animal n- animal- bejn?; driven along a road and not beintr a I ridden or driven horse guided l>v reins.! drive slowly until past\stich an'imal or! animals, and. if reque-ted so to do by i the person apparently in charge of same. I shall .-top until way has been made' for thi> passage of the motor veh'nie or] the animals have been driven pa-t it. j No Such Person. A learned judge, speaking at .1, social; function in Auckland recentlv. referred! to the conduct of persons on the iiith-i way. lie said that reasonable care must! be taken at all time.-- and that when' motor cat" collision cases came before! the Court the test Ma-. "What would uj reasonable man have dune in the cir-1 cmnsta nces V' JJe spoke of a ca-e in! which a. woman "was concerned and ;;• j■ j actions were judged on what, a reason-j able man wouid have done. A re-hearing! was a-ked f,,r and granted because ;• | reasonable man's actions might be verv j different from those of a" reasonable! woman. even if such a person e.vi-tcd.i which was extremely improbable. j The section that if a road be out of repair the public have a right to pa — on adjoining land even though enclosed with a lence is most illuminating and the rig lit would have been freely availed of in the days or "loundion-"' roads ii l the Auckland Provinee liad ir been known. It would have been the meanof escaping the depredation- or tin ! man with the horse, the modern proto- ' typo of Claude Duval and Dick Turpir: of whom l'a 1 staff referred in -u.-h p.>ei '■ designations as "Diana's funsters. gentl. rneri of the shade, minions of the moon. Early literature, including the Ji 1.!.• ' contains many references to roads, i which are a necessity to even a rud- ! civilisation. The highways of England; were in a shocking state until the ri-e j of the stage coach, when the authorities] were forced to improve them. Thev i raised the money for this purpose b\ j erecting turnpikes, and there were liter-1 ally hundreds established in various j parts of England. Some Were c-tab-l lished in New Zealand in the early I days, but in at least one ca-e. in con-! nection with that erected on the Hint Road. at Kaiwarra, near AYellington. members of the public exercised their right and removed the obstruction bv simply overturning the tollhouse int'oi the sea. Toll gates were erected in Taranaki. and t lu* pood roads of the. district are the re-nlt. The Romans; made pood roads in England, and many j a North Auckiandcr when bogged in! the tracks of the roadie— nortii mu-i ! have fervently expressed the wi-h that! New Zealand had been complete.! b\ | the Romans. However, the cult of the! moior car and the collection of the] petrol fax are truly fuming the King's j Highway in New Zealand inf.. a broad' liighv. a v.