time appointed by pro Act '64, s. 10. the justices, so that the time appointed be not more to be held at than seven days after the expiration of the time limited by law for the election of waywardens, or, in the case of a special day being appointed for such final order. election as hereinafter mentioned, be not more than twenty-one days after that day. visional or Day appointed for deemed day The day appointed for the first meeting of the board first meeting shall for all the purposes of the Highway Acts be of formation deemed to be the day of the formation of the district; and the surveyor for the time being of every parish within the district shall continue in office until seven days after the appointment of the district surveyor, and no longer. of district. Id. s. 11. Justices may appoint day election of for first waywardens. Waywardens to be elected day. In forming a highway district under the Highway Act, 1862, the justices may, for the purpose of avoiding delay in bringing the Act into operation, appoint by their final order a day on which the first election of waywardens as members of the highway board is to take place in the district. On the day appointed for the election waywardens on appointed shall be elected in every parish in the district entitled to elect such officers by the same persons and in the same manner by and in which waywardens are elected under the Highway Act, 1862, and all the provisions of the Highway Acts relating to the qualifications of surveyors or waywardens, and to the appointment of surveyors and waywardens by justices in the event of no election taking place, shall apply accordingly but the waywardens elected under this section. Continuance shall continue in office only until the time at which the next annual election of surveyors would have taken place in the several parishes of the district if the same had not been constituted a highway district, and at that time new waywardens shall be elected in manner provided by the Highway Acts. in office. office of Notwithstanding anything in the Highway Acts, Act '78, s. 11. waywardens continue in office till the 30th day of Duration of April in the year following the year in which they waywarden. were elected, and on that day their successors come into office. Id. s. 40. If board tail to hold first meeting, sions may order board to be held at some other If any highway board make default in holding its first meeting in pursuance of the Highway Act, 1862, such board shall not thereupon become disqualified quarter sesfrom acting, but the justices in general or quarter sessions shall, on the application of any persons liable to pay highway rates within the district, make such time. order as they think fit for the holding of such board at some other time, and any order so made shall be deemed to be an order capable of being removed into the Court of Queen's Bench, in pursuance of the Act 12 & 13 Vict. c. 45, and may be enforced accordingly, and the costs of any application to the court of quarter sessions in puruance of this section shall be to defrayed out of the district fund of the board. Costs of application be de frayed out of district fund. Id. s. 6. Orders to be published in Gazette and newspaper. 6. Notice of the provisional and final orders shall as soon as possible after the making thereof be given by the clerk of the peace, by publishing county a copy in the London Gazette and in one or more newspapers circulating in the county, or if the whole county is not affected by such order in one or more newspapers circulating in the district affected by such orders, and by sending a copy by post in a prepaid letter to Copy to be the overseers of every parish within the proposed highway district, and there shall be added to the notice of the provisional order the date of the sessions at which the confirmation of such order will be considered. sent to over seers. Act '62, s. 7. Prohibition which 23 & Districts under Public Health Act, 1848, and Local Government Act, 1858. Parishes within limits of metropolis. Parishes under local Acts. Parishes within the limits of a borough. As to parishes in several counties. RESTRICTIONS ON FORMATION. The following restrictions are imposed with respect to the formation of highway districts in pursuance of the Highway Act, 1862; Firstly, there shall not be included in any highway district formed in pursuance of that Act any of the following places; that is to say, Any part of a county to which 23 & 24 Vict. c. 68, An Act for the better Management and Control of the Highways in South Wales, extends: The Isle of Wight: Any district constituted under the Public Any parish or place, or part of a parish or Secondly, there shall not be included in any highway district formed in pursuance of the Highway Act, 1862, any parish or place, or part of a parish or place, within the limits of a borough without the consent, firstly, of the council of such borough, and, secondly, of the vestry of the parish which, or part of which, is proposed to be included: Thirdly, where any parish separately maintaining its own highways is situate in more than one county, the whole of such parish shall, for the purposes of the Highway Act, 1862, be deemed Act '62, s. 7. to be within the county within which the church of townships, of such parish, or (if there be no church) the greater part of such parish, is situate: Lastly, where a parish separately maintaining its Combination own poor is divided into townships, tithings, &c. hamlets, or places, each of which separately maintains its own highways, it shall be lawful for the justices, if they think fit, in their provisional order to combine such townships, tithings, hamlets, and places, And to declare that no separate way ywardens shall be elected for such townships, tithings, hamlets, and places, and that such parish shall be subject to the same liabilities in respect of all the highways within it which were before maintained by such townships, tithings, hamlets, and places separately, as if all their several liabilities had attached to the whole parish; and that a waywarden or waywardens shall be elected for such parish as a whole; And where such order is made, all the provisions herein contained in relation to parishes within the meaning of the Highway Act, 1862, are applicable to the parish formed by such combination. Power to townships two or more. The power given by section 7 of the Highway Act '64, s. 7. Act, 1862, of combining townships, tithings, hamlets, combine or places separately maintaining their own highways, extends to and situate in a poor law parish, extends to combining any two or more of such townships, tithings, hamlets, or places, and any combination so formed shall for all the purposes of the Highway Acts be deemed to be a highway parish. townships, Where a township, tithing, hamlet, or other place Parts of separately maintaining its own highways is situate &c., may be in two or more poor law parishes, each part combined of with parish. Act '64, s. 7. such township, tithing, hamlet, or other place may be combined with the parish in which that part is situate. Poor law parish may to be a high The justices may, by their provisional and final be declared order, declare that any poor law parish within their way parish. jurisdiction, or residue of a poor law parish, after excluding such part, if any, as is prohibited by the Highway Act, 1862, either wholly or without the consent of the governing body, from being included in the highway district, shall henceforward become a highway parish. Power to return waywardens to highway board. Provision of waywardens in certain parishes. And upon such declaration being made such poor law parish, or residue of a poor law parish, shall thereafter be a highway parish entitled to return a waywarden or waywardens to the highway board of the district in which it is included; and no rate shall be separately levied for the maintenance of the highways, and no separate waywardens be elected in any township, tithing, hamlet, or other subdivision of such poor law parish or residue of a poor law parish. Where, previously to the passing of the provisional for election order forming a highway district, no surveyors or waywardens have been elected within any highway parish in that district, and where the mode of electing a waywarden or waywardens in such parish is not provided by the Highway Act, 1864, or the Highway Act, 1862, the justices must, by their provisional and final orders constituting the district, or by any subsequent provisional and final orders, make provisions for the annual election of a waywarden or waywardens for such parish. Id. s. 8. Outlying part of Where a parish or place separately maintaining its own highways is situate partly within and partly withwithin and out the limits of a borough, the justices may by their provisional and final orders include in a highway dis parish partly partly with out a |