Act '62, F. 47. c. 96, s. 110, An Act to consolidate and amend the Statute Law of England and Ireland relating to larceny and other similar Offences.

(k) This only applies to the recovery of penalties and of moneys recoverable as penalties. It does not extend to orders excepting in so far as is otherwise expressly provided.

NOTICE is hereby given, that at the Court of General or Quarter Sessions to be held on the

Day of

a Proposal will be made to divide the County of Lincoln into Highway Districts [or to divide the Parts of Holland, in the County of Lincoln, into Highway Districts, or to constitute the County of Rutland a Highway District, or to constitute the Parishes of Alford, Castle Carey, and Lovington, in the County of Somerset, a Highway District].

FORM (B.)

WHEREAS at a Court of General or Quarter Sessions, held on the Day of last, a Provisional Order was made in the Words following; that is to say, [here set out the Provisional Order]. Notice is hereby given, that the Confirmation of the said Provisional Order by a Final Order will be taken into consideration by the Justices at the Court of General or Quarter Sessions to be held on the

(1) These proceedings were repealed by 27 & 28 Vict. c. 101, s. 27, and other regulations contained in the 1st schedule to that Act were substituted for them.

HIGHWAY ACT, 1864.

27 & 28 VICT. c. 101.

An Act to amend the Act for the better Management

of Highways in England.

[29th July, 1864.]

c. 61.

WHEREAS it is expedient to amend an Act, 25 & 26 25 & 26 Vict. Vict. c. 61, intituled An Act for the better Management of Highways in England: be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

1. The Acts hereinafter mentioned may be cited for Short titles all purposes by the short titles following ; that is to Acts.

say,

The Act 5 & 6 Will. 4, c. 50, An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England, by the short title of the Highway Act, 1835:

The said Act, 25 & 26 Vict. c. 61, by the short title of the Highway Act, 1862:

This Act by the short title of the Highway Act 1864.

All the above-mentioned Acts, and any Acts passed or to be passed amending the same, shall be included under the short title of the Highway Acts.

of Highway

Act '64, s. 2.

This Act

2. This Act, so far as is consistent with the tenor thereof, shall be construed as one with the Highway strued with Act, 1862.

shall be con

25 & 26 Vict. c. 61.

Definition

3. "Poor law parish" shall mean a place that Law Parish," Separately maintains its own poor:

of "Poor

"Highway Parish,"

"Highway

Rate," and "County."

Amendment

of sect. 6 of Highway Act of 1862.

Certain

places to be deemed

"Highway parish" shall mean a place that after the constitution of a highway district separately maintains its own highways, and is entitled to return a waywarden or waywardens to the highway board of thedistrict:

Highway rate" shall include any rate, whether poor rate or not, out of the produce of which moneys are payable in satisfaction of precepts of a highway board: "County" shall include any division of a county that has a separate county treasurer.

AMENDMENTS AS TO ORDERS OF JUSTICES.

are

4. Where more highway districts than one comprised in any order of justices, whether provisional or final, and whether made before or after the passing of this Act, the formation of each of such districts is to be deemed independent of the formation of any other district, and the order shall for all purposes be construed and take effect as if a separate order had been made in respect of each district; and any variation in a provisional order altering the parishes in any one or more districts comprised in that order shall make that order provisional only as to the particular district or districts in which the alterations are made, and not as to any other district or districts included in the same order.

5. Any parish, township, tithing, hamlet, or other place having a known legal boundary in which there

rately main

own high

are no highways repairable at the expense of the Act '64, s. 5. place, or in which the highways are repaired at the places sepaexpense of any person, body politic or corporate, by taining their reason of any grant, tenure, limitation, or appointment ways. of any charitable gift, or otherwise howsoever than out of a highway rate or other general rate, shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways (m).

Where part of a parish is, in pursuance of the Local Government Act, 1858, Amendment Act, 1861 (n), sect. 9, treated as forming part of a district constituted under the Local Government Act, 1858, for all purposes connected with the repair of highways and the payment of highway rates, but for no other purpose, such part shall, for the purposes of the Highway Act, 1862, and this Act, be deemed to be a place separately maintaining its own highways, and capable of being included in a highway district, without requiring the consent of the local board to be given.

Where the highways of one part of a parish are, in pursuance of a private Act of Parliament, repairable out of a different rate from that out of which the highways of the other part are repairable, each of such parts shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways.

(m) See Reg. v. Gascoign, 29 J. P. 389, where the district was formed before the passing of 27 & 28 Vict. c. 101, s. 6, and it was held that in a parish which included a town maintaining its own highways, but not co-extensive with the parish, the suburban part was a place separately maintaining its own highways, and that the waywarden ought to be appointed only by the inhabitants of that part, and not by the inhabitants of the whole parish. (See also 25 & 26 Vict. c. 61, ss. 32, 33.)

(n) This Act is now repealed by 38 & 39 Vict. c. 55, s. 343, subject, however, to the proviso that the repeal shall not affect (inter alia) "anything duly done or suffered," or any right or

66

Act '64, s. 5. liability acquired, accrued, or incurred" under the repealed enactment. It may also be noticed that the section in question only applied to "part of a township or place," and not to "part of a parish," as is mentioned above.

of Highway

repealed, and other provisions enacted.

Act of 1862 part of a county is to be constituted a highway district, not less than two out of the five justices making such proposal shall be resident in the said district, or acting in the petty sessional division in which such district or some part thereof is situate.

Amendment of s. 7 of Highway

Act of 1862

bination of townships,

(0) The part omitted, repealing the proviso to 25 & 26 Vict. c. 61, s. 5, and making other provisions in lieu of it, is repealed by the Statute Law Revision Act, 1875, as spent.

7. The power given by section 7 of the Highway Act, 1862, of combining townships, tithings, hamlets, or as to com- places separately maintaining their own highways, and situate in a poor law parish, shall extend 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.

&c.

Where a township, tithing, hamlet, or other place separately maintaining its own highways is situate in two or more poor law parishes, each part of such township, tithing, hamlet, or other place may be combined with the parish in which that part is situate.

The justices may, by their provisional and final order, declare that any poor law parish within their 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 (p), shall henceforward become a highway parish; and upon such declaration being