Statements of Accounts.

The clerk to every Highway Board shall, within such thirty days after the audit, transmit the statement of accounts to the Local Government Board, under a penalty not exceeding ten pounds for neglect. (t) The statements so transmitted are to be abstracted, and the abstracts laid before both Houses of Parliament. (u) And the Local Government Board may cause to be prepared such forms for the statement as they may from time to time deem suitable, and also from time to time to alter the forms for the annual statement prescribed by the 12 & 13 Vict. c. 35; but no statement shall be transmitted under that Act concerning parishes wholly within a highway district. (v) See also the Local Taxation Returns Act, 1877, in note (x), post, p. 104.

12. RECOVERY OF PENALTIES, APPEALS, &C.

Recovery of Penalties, &c.

All penalties under the Highway Acts, 1862 and 1864, and all moneys recoverable as penalties, may be recovered summarily before any two or more justices in the manner directed by the 11 and 12 Vict. c. 43, and any Act amending the same; but where any sum adjudged to be paid in respect of such penalties or moneys exceeds five pounds, an appeal may be had by any person aggrieved to a court of general or quarter sessions in manner provided by the 110th section of the Act of the 24 and 25 Vict. c. 96, to consolidate and amend the statute law of England and Ireland relating to larceny and other similar offences. (w)

All offences, fines, and expenses under the Act of 1878, or any bye-law made in pursuance thereof, may be prosecuted, enforced, and recovered in manner provided by the 11 & 12 Vict. c. 43, and any Acts amending the same, before a "court of summary jurisdiction," that is any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by those Acts:

(t) 25 & 26 Vict. c. 61, s. 27. (u) Ibid. s. 28.

(v) Ibid. s. 29.

(w) 25 & 26 Vict. c. 61, s. 47.

Provided, that the court, when hearing and determining an information or complaint under the Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace. (x)

Appeal to Quarter Sessions against Conviction or Order.

If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdiction on determining any information or complaint under the Act of 1878, the party so aggrieved may appeal therefrom, subject to the conditions and regulations following: (1.) The appeal shall be made to the next practicable court of quarter sessions for the county or place where the decision appealed from was given holden not less than twenty-one days after the decision of the court from which the appeal is made; and (2.) The appellant shall, within ten days after the pronouncing by the court of the decision appealed from, give notice to the other party and to the court of summary jurisdiction of his intention to appeal and of the ground thereof; such notice of appeal shall be in writing signed by the person or persons giving the same, or by his, her, or their solicitor on his, her, or their behalf; and

(3.) The appellant shall, within three days after such notice, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice may allow; and

(4.) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such

(x) 41 & 42 Vict. c. 77, s. 36.

recognizance or giving such other security as aforesaid, release him from custody:

(5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisIdiction the said last-mentioned court shall thereupon re-hear and decide the information or complaint in accordance with the opinion of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just. (y)

Appeal to Special Sessions against Rate.

If any person feels aggrieved by any rate levied on him for the purpose of raising moneys payable under a precept of a Highway Board on the ground of incorrectness in the valuation of any property included in such rate, or of any person being put on or left out of such rate, or of the inequality or unfairness of the sum charged on any person or persons therein, he may appeal to the justices in special sessions in manner provided by the Act of the Session of the sixth and seventh years of the reign of His Majesty King William the Fourth, chapter ninetysix, sections six and seven, and all the provisions of the said sections shall be applicable to such appeal. (z)

An appeal to quarter sessions from any rate made under the provisions of the Public Health Act, 1875, is given by s. 269 of that Act.

Appeal to Quarter Sessions against Expenditure, &c.

Where any waywarden of a highway parish of a district, or any ratepayer of such parish, feels aggrieved in respect of the matters following:

(y) 41 & 42 Vict. c. 77, s. 37.

(z) 27 & 28 Vict. c 101, s. 37.

1. In respect of any order of the Highway Board for the repair of any highway in his parish on the ground that such highway is not legally repairable by the parish, or in respect of any other order of the Board on the ground that the matter to which such order relates is one in regard to which the Board have no jurisdiction to make an order;

2. In respect of any item of expense charged to the separate account of his parish on the ground that such item of expense has not in fact been incurred or has been incurred in respect of a matter upon which the Board have no authority by law to make any expenditure whatever;

3. In respect of any item of expenditure charged to the district fund on the ground that such item of expense has not in fact been incurred, or has been incurred in respect of a matter upon which the Board has no authority by law to make any expenditure whatever;

4. In respect of the contribution required to be made by each parish to the district fund on the ground that such amount, when compared with the contribution of other parishes in the district, is not according to the proportion required by this Act;

he may, upon complying with the conditions to be after mentioned, appeal to the court of general or quarter sessions having jurisdiction in the district; but no appeal shall be had in respect of any exercise of the discretion of the Board in matters within their discretion; and no appeal shall be had except in respect of the matters and upon the grounds herein before mentioned. (a)

Conditions of Appeal against Expenditure, &c.

No such appeal shall be entertained by any court of general or quarter sessions unless the following conditions have been complied with: 1. Notice of the intention of appeal must be served by the appellant on the clerk of the Highway Board in the case of an appeal against an order

(a) 27 & 28 Vict. c. 101, s. 38

within two months after the order, and in the case of an appeal in respect of any item of expense or contribution within one month after the statement of the account of the Board has been sent to each member of the Board as herein before mentioned (ante, p. 53): 2. The notice must state the matter appealed against, and the ground of the appeal. On the receipt of the notice the Board may serve a counter-notice on the appellant, requiring him to appear in person or by his agent at the next meeting of the Board and support his appeal. On hearing the appellant the Board may rectify the matter complained of, and if they do so to a reasonable extent, and tender to the appellant a reasonable sum for the costs of his attendance, it shall not be lawful for the appellant to proceed with his appeal. In any other case the appellant may proceed with his appeal, and the reasonable costs of his attendance on the Board shall be deemed part of the costs of the appeal. (b)

Reference to Arbitration.

If at any time after notice of appeal has been given it appears to the court, on the application of either party in the presence of or after notice has been given to the other party, that the matter in question in such appeal consists wholly or in part of matters of mere account which cannot be satisfactorily tried by the court, it shall be lawful for such court to order that such matters, either wholly or in part, be referred to the arbitration of one or more persons, to be appointed by the parties, or, in case of disagreement, by the court; and the award made on such arbitration shall be enforceable by the same process as the order of the court of quarter sessions. (c)

The provisions of "The Common Law Procedure Act, 1854," relating to compulsory references, shall be deemed to extend to arbitrations directed by the court of quarter sessions. (d)

Proceedings on Appeal against Expenditure, &c.

If upon the hearing of the appeal it appears to the court that the question in dispute involves an inquiry as

(b) 27 & 28 Vict. c. 101, s. 39.

(c) Ibid. s. 40. (d) Ibid. s. 41.