made such poor law parish, or residue of a poor law Act '64, s. 7 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 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 this Act or the Highway Act, 1862, the justices shall, 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 (q).

(p) This refers to 25 & 26 Vict. c. 61, s. 7, and provides for the difficulty which appears to have been felt in Reg. v. Gascoign, 29 J. P. 389, supra.

(q) This appears to be an amendment of the 3rd regulation in 25 & 26 Vict. c. 61, s. 10, and in fact supersedes it.

for places

in and

out a

8. Where a parish or place separately maintaining Provision its own highways is situate partly within and partly partly with without the limits of a borough, the justices may by partly withtheir provisional and final orders include in a highway borough. district the outlying part of such parish or place; and where the outlying part of a parish or place situate as aforesaid has been, previously to the passing of this Act, or may be hereafter, included in a highway district, each part of such parish or place shall for all the purposes of the Highway Acts be deemed to be a

Act '64, s. 8. place separately maintaining its own highways; and a waywarden or waywardens shall be elected by the ratepayers in each such part at such time and in such manner as may be provided by the said justices (r).

Power of justices as to extraparochial places.

Part of s. 6 of Highway

as to meet

repealed, and other provisions enacted.

(r) This appears to be a kind of supplement to the 2nd restriction in 25 & 26 Vict. c. 61, s. 7.

9. The justices in petty sessions may appoint overseers or otherwise deal with any extra-parochial place with a view to constituting it a highway parish or part of a highway parish in the same manner as the justices may deal with such place for the purpose of constituting it a place or part of a place maintaining its own poor, in pursuance of the powers for that purpose given by the Act 20 Vict. c. 19 (s).

(s) The object of this section appears to be to bring such places within the operation of sect. 33, infra, so as to enable the board to issue their precepts for contribution from those places.

10. (t) *

*

The first meeting of the Act of 1862 highway board (u) after the formation of a district ings of board shall be held at such time (w) as may be appointed by the provisional or final order of the justices, so that the time appointed be not more 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 election as hereinafter mentioned, be not more than twenty-one days after that day.

The day appointed for the first meeting of the board shall for all the purposes of the Highway Acts be deemed to be the day of the formation of the district (x); 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 sur- Act '64, s. 10. veyor, and no longer (y).

(t) The part omitted, repealing the 5th paragraph in 25 & 26 Vict. c. 61, s. 6, and making other provisions in lieu of it, is repealed by the Statute Law Revision Act, 1875, as spent.

(u) In Reg. v. JJ. of Lindsey, L. R. 1 Q. B. 648, 30 J. P. 86, the justices in their final order fixed the first meeting of the highway board for the first Thursday after the 25th March, and no day was specially fixed for the election of waywardens. According to the custom of the parishes it had been usual to elect highway surveyors on the 25th March, or within two or three days thereafter. And it was held that the order was not bad, though it did not provide for 14 days elapsing after the 25th March, but provided only for 5 clear days, though it would have been better to have given more time.

(w) Nothing is said about the place of meeting, although that was provided for by the repealed paragraph of 25 & 26 Vict. c. 61, s. 6, and is assumed in the proceedings of highway boards, 1. a (post p. 161) to be provided for by the justices' order.

(x) The board do not become disqualified from acting by making default in holding the first meeting; but the justices in quarter sessions, on the application of a ratepayer, may make such order as they think fit for the holding of the board at some other time (25 & 26 Vict. c. 61, s. 40).

(y) But he continues in office after the expiration of the 7 days for the purpose of recovering any outstanding rate (Reg. v. Bluffield, 29 J. P. 245).

justices to

way Act into

11. In forming a highway district under the High- Power to way Act, 1862, the justices may, for the purpose of bring Highavoiding delay in bringing the Act into operation, operation appoint by their final order a day (z) on which the on a parfirst election of waywardens as members of the highway board is to take place in the district.

On the day appointed for the election waywardens 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 (a), and all the provisions of the Highway Acts relating to the qualifications of surveyors or waywardens, and to the appoint

ticular day.

Act '64, s. 11. ment of surveyors and way wardens by justices in the event of no election taking place, shall apply accordingly (b); but the waywardens elected under this section shall continue in office only (c) 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.

Publication

of orders in Gazette made permissive.

(z) It appears to be quite in the justices' discretion as to what day they will fix, the only limitation being that the first meeting of the board must be held not more than 21 days afterwards (see sect. 10).

(a) That is to say, by the persons and in the manner mentioned in 25 & 26 Vict. c. 61, s. 10.

(b) These matters are provided for by 5 & 6 Will. 4, c. 50, ss. 6, 7, 11, and 25 & 26 Vict. c. 61, s. 10.

(c) But now, by 41 & 42 Vict. c. 77, s. 11, they continue in office till the 30th April in the year following that in which they were elected, and on that day their successors come into office.

12. No order of the justices forming a highway district shall be invalidated by reason of its not being published in the London Gazette (d); and where any reference is made in any section (e) of the Highway Act, 1862, to the date of the publication in the Gazette of the order, such section shall be construed as if the date of the making of the final order under which the district is formed were substituted for "the date of the publication in the Gazette of the order under which the district is formed;" and any copy of the provisional or final order of the justices forming a highway district, certified under the hand of the clerk of the peace to be a true copy (ƒ), shall be receivable in all courts of justice and in all legal proceedings as evidence of the formation of the district and of the matters in the said order mentioned.

(d) Publication in the London Gazette is required by 25 & 26 Act '64, s. 12. Vict. c. 61, s. 6 (6), but is made discretionary by this section.

(e) This refers to 24 & 25 Vict. c. 61. s. 8.

(f) This is an additional mode of proof to that provided by 25 & 26 Vict. c. 61, s. 8, which required the production of a copy of the London Gazette.

union of

different

13. Contiguous places situate in different counties As to and places situate partly in one county and partly in parishes in another county or counties (g) shall, for the purpose of counties. being united in one highway district, be deemed to be subject to the jurisdiction of the justices of any county, who may make a provisional and final order constituting them an highway district, in the same manner as if all such places or parts of places were situate in such last-mentioned county; subject to this proviso, that the provisional and final orders of the justices of the said county shall be of no validity unless provisional and final orders to the same effect are passed either concurrently with or subsequently to the firstmentioned provisional and final orders by the justices of every other county in which any of the said places or parts of places are situate.

(g) But by the third restriction in 25 & 26 Vict. c. 61, s. 7, where a parish is situate in more than one county the whole of such parish is to be deemed to be within the county within which the church of such parish, or (if there be no church) the greater part of such parish is situate.

of s. 39 of

14. The approval of the justices of any county to Amendment any provisional order made by the justices of another Highway county affecting any place in such first-mentioned Act, 1862. county, in pursuance of section 39 of the Highway Act, 1862, shall be testified by provisional and final orders of the justices of the said first-mentioned county (h).

The powers conferred on justices by section 39 of the Highway Act, 1862, shall be deemed to extend to the

K