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of their respective offices, and in case any money so Act '62, s. 31. received by any such officer remains in his hands, the same shall be paid to the board, or to such person or persons as they in writing under their hands

empower to receive the same; and if any officer refuses or wilfully neglects to render and give such account, or to deliver up such vouchers, or for the space of fourteen days after being thereunto required by the board refuses or wilfully neglects to give up to them or to such person or persons as they appoint all books, papers, writings, tools, and things in his hands, custody, or power relating to the execution of his office, it shall be lawful for any justice of the peace for the county where the officer so making default is or resides, upon application made to him for that purpose by or on behalf of the board, to make inquiry of and concerning any such default as aforesaid in a summary way, as well by the confession of the party as by the testimony of any credible witness or witnesses upon oath, and by warrant under his hand and seal to cause such money as may appear to him to be due and unpaid to be levied by distress and sale of the goods and chattels of such officer, rendering to him the overplus (if any) on demand, after payment of the money remaining due and deducting the charges and expenses of making such distress and sale; and if sufficient distress cannot be found, or if it appears to any such justice in manner aforesaid that any such officer has refused or wilfully neglected to give such account, or to deliver up all books, papers, writings, tools, matters, and things in his custody or power relating to the execution of his office, the justice shall commit him to the house of correction or common gaol of the county where such offender is or resides, there to remain without bail until he gives a true and

Act '62, s. 31. perfect account and verifies the same in manner aforesaid, and produces and delivers up the vouchers relating thereto, and pays the money (if any) remaining in his hands as aforesaid according to the direction of the board, or has compounded with the board for such money and paid such composition (which composition the board are hereby empowered to make and receive), or until he delivers up such books, papers, and writings, tools, matters, and things as aforesaid, or has given satisfaction to the board concerning the same; but no officer who may be committed on account of his not having sufficient goods and chattels as aforesaid shall be detained in prison by virtue of this Act for any longer time than six calendar months.

Provision as to extraparochial

places.

SUPPLEMENTAL PROVISIONS.

32. Where in pursuance of an Act, 20 Vict. c. 19, An Act for the Relief of the Poor in Extra-parochial Places, any place is declared to be a parish, or where overseers of the poor are appointed for any place, such place shall for the purposes of this Act be deemed to be a parish separately maintaining its own highways; and where in pursuance of the same Act any place is annexed to any adjoining parish, or to any district in which the relief of the poor is administered under a local Act, such place shall for the purposes of this Act be deemed to be annexed to such parish or district for the purposes of the maintenance of the highways, as well as for the purposes in the said Act mentioned (i).

(i) This section is confined to extra-parochial places included in 20 Vict. c. 19, ss. 1, 4, 8. It does not apply to extra-parochial places incorporated with adjoining parishes by 31 & 32 Vict. c. 122, s. 27. But as the latter places are thereby

"annexed to and incorporated with" such parishes "for all Act '62, s. 32. civil parochial purposes," it seems that they are annexed to such parishes "for the purposes of the maintenance of the highways" just as much as they would have been if they had been included in this section.

The section, however, does not subject extra-parochial places to the common law liability of indictment for non-repair of highways. It only subjects them to the operation of 25 & 26 Vict. c. 61, as highway parishes liable to be put into a highway district, but does not render the inhabitants of such places liable to be separately indicted for the non-repair of any highways within it (Reg v. Central Wingland, 2 Q. B. D. 349, 41 J. P. 711).

By 27 & 28 Vict. c. 101, s. 9, justices in petty sessions are enabled to appoint overseers, and otherwise deal with any extraparochial place with a view to constituting it a highway parish or part of a highway parish in the same manner as they may deal with it under 20 Vict. c. 19, for the purpose of constituting it a place or part of a place maintaining its own poor.

for outlying

parishes.

33. Where part of a parish is not contiguous to the Provision parish of which it is a part, such outlying part may at part of the discretion of the justices be annexed (k) to a district, and, when so annexed, it shall for all the purposes of the Highway Acts be deemed to be a parish separately maintaining its own highways.

(k) This provision appears to have been suggested by 20 Vict. c. 19, s. 4, as to annexing extra-parochial places. But it is difficult to see how it can be carried out. The 39th section gives power to alter any district "by the addition of any parishes." But that seems to be confined to entire parishes, and not to apply to the annexing of a part. Beyond this there is no provision at all applicable to the case, and certainly none which applies to "annexing” part of a parish.

repair of

may be re

party liable

34. Where any highway which any body politic or Expenses of corporate or person is liable to repair by reason of highways tenure of any land, or otherwise howsoever, shall be covered from adjudged in the manner provided by the Principal Act to repair (1) to be out of repair, the highway board of the district in which such highway is situate may, if they see fit, direct their surveyor to repair the same, and the

ratione

tenuræ.

Act '62, s. 34. expenses to be incurred in such repair shall be paid by the party liable to repair as aforesaid; and it shall be lawful for any justice, upon the application of any person authorized in this behalf by the highway board, to summon the party liable to pay such expenses to appear before two justices at a time and place to be named in such summons, and upon the appearance of the parties, or in the absence of either of them, it shall be lawful for such justices to hear and determine the matter, and make such order (m), as well as to costs or otherwise, as to them may seem just.

(1) By 27 & 28 Vict. c. 101, s. 23, the words "the Highway Act, 1862," are substituted for "the Principal Act." Consequently before any expenses can be recovered under this section an order for repair must have been made on the highway board under sect. 18. As already explained (supra, note (y), p. 102) no power is given to summon the party charged with the repairs when the order is made upon the board. He will, therefore, have had no means of showing cause against its being made, and the only opportunity of disputing his liability will occur when he is summoned to pay the expenses. Even then he has no right of appeal, so that he will in this respect be worse off than if proceedings had been taken against him under 5 & 6 Will. 4, c. 50, ss. 94, 95; for it can hardly be contended that the requirement of adjudication of the highway being out of repair"in the manner provided by the Highway Act, 1862,” gives power to summon him under sect. 18 of that Act, so as to give a right to dispute his liability under sect. 19.

It will be observed that the board have complete discretion as to whether they will or will not direct their surveyor to repair the road. If they decline to repair they must then proceed against the party liable to repair for the penalty and order under 5 & 6 Will. 4, c. 50, s. 94.

(m) There is no appeal against the order. An appeal is given by sect. 47 where any sum adjudged to be paid in respect of penalties or moneys recoverable as penalties exceeds £5. But that clearly does not apply to the present case. The appeal given by 27 & 28 Vict. c. 101, is only given to ratepayers against rates under sect. 37, or to waywardens or ratepayers against items of expense and expenditure of the board under sect. 38. An order under this section evidently does not fall within either of those categories.

repairable

tenure may

repairable

by the

35. Where any person or corporation is liable, by Act '62, s. 35reason of tenure of lands or otherwise, to repair any Highways highway situate in a highway district, the person or ratione corporation so liable may apply to any justice of the be made peace for the purpose of making such highway a highway to be repaired and maintained by the parish parish. in which the same is situate; and such justice shall thereupon issue summonses requiring the waywarden of such parish, the district surveyor, and the party so liable to repair such highway as aforesaid to appear before two or more justices in petty sessions assembled, and the justices at such petty sessions shall proceed to examine and determine the matter, and shall, if they think fit, make an order under their hands that such highway shall thereafter be a highway to be thereafter repaired and maintained by the parish, and shall in such order fix a certain sum to be paid by such person or corporation to the highway board of the district in full discharge of all claims thereafter in respect of the repair and maintenance of such highway (n); and in default of payment of such sum the board may proceed for the recovery thereof in the same manner as for the recovery of penalties or forfeitures recoverable under this Act (o): Provided always that when the sum so fixed to be paid in full discharge of all claims thereafter in respect of the repair and maintenance of such highway exceeds £50, the same, when received, shall be invested in the name of the highway board of the district in some public government securities, and the interest and dividends arising therefrom shall be applied by such board towards the repair and maintenance of the highways within the parish in which such highway is situate (p); but when such sum does not exceed £50 the same or any part thereof, at the discretion of such

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