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appointed by provisional or

Day ap

pointed for

of district.

Id. 8. 11. Justices may

.

Act ’84, 8. 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.

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.

In forming a highway district under the Highway appoint day Act, 1862, the justices may, for the purpose of avoidelection of ing 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. Waywardens 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 accord

ingly: 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.

to be elected

day.

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 tait

meeting,

to be held at some other

.

If any highway board make default in holding its first meeting in pursuance of the Highway Act, 1862, to hold first such board shall not thereupon become disqualified quarter sesfrom acting, but the justices in general or quarter order board 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 Costs of quarter sessions in puruance of this section shall be to be de

frayed out of defrayed out of the district fund of the board.

application

district fund.

Id. s. 6. Orders to be

6. Notice of the provisional and final orders shall as

soon as possible after the making thereof be published in
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 pro-
posed 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.

Gazette and

newspaper.

sent to overseers.

time

by provisional or final order.

Day ap

deemed day

of district.

Id. s. 11. Justices may

Act ’84, 8. 10. the justices, so that the time appointed be not more to be held at than seven days after the expiration of the time appointed

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 pointed for first meeting shall for all the purposes of the Highway Acts be of formatiòn 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.

In forming a highway district under the Highway appoint day Act, 1862, the justices may, for the purpose of avoidelection of ing delay in bringing the Act into operation, appoint waywardens.

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 accord

ingly: 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.

Waywardens to be elected

day.

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.

.

If

meeting,

time.

If any highway board make default in holding its Id. s. 40. first meeting in pursuance of the Highway Act, 1862, to hold first such board shall not thereupon become disqualified quarter sesfrom acting, but the justices in general or quarter order board sessions shall, on the application of any persons liable to be beherat to pay highway rates within the district, make such 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 Costs of

application quarter sessions in puruance of this section shall be to be dedefrayed out of the district fund of the board.

frayed out of district fund.

Id. s. 6. Orders to be

6. Notice of the provisional and final orders shall as

soon as possible after the making thereof be published in
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 pro-
posed 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.

Gazette and

newspaper.

sent to overseers.

Act '62, s. 7.

of

Prohibition against including places to which 23 & 24 Vict, c. 68, extends. Isle of Wight. Districts under Public Health Act, 1848, and Local Government Act, 1858. Parishes within limits of metropolis.

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
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

Health Act, 1848, and the Local Govern

ment Act, 1858, or either of such Acts : Any parish or place within the limits of the

metropolis as defined by 18 & 19 Vict.
c. 120, An Act for the better Local

Management of the Metropolis :
Any parish or place, or part of a parish or

place, the highways whereof are maintained
under the provisions of any local Act of

Parliament:
Secondly, there shall not be included in any high-

way 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

Parishes under local Acts.

Parishes within the limits of a borough.

As to parishes in several counties.

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