Act '64, s. 51. erection of the fence, and that the encroachment is not a continuing offence. The same point was decided in Coggins v. Bennett, 2 C. P. D. 568, where it was held that the encroachment is not a continuing offence, and that the six months' limitation created by 11 & 12 Vict. c. 43, s. 11, commences from the time when the party encroaches by making the fence.

Power to contract for

repairing highways.

52. The highway board may and is hereby authomaterials for rized to contract for purchasing, getting, and carrying the materials required for the repair of the highways, and for maintaining and keeping in repair all or any part of the highways of any parish within their highway district, for any period not exceeding three years (m).

8 & 9 Vict. c. 18, and

c. 106, incor

porated.

(m) By sect. 22 the board may also contract for three years to repair highways, for the repair of which other parties are liable (See ante, p. 135, note (s).)

53. A highway board for the purpose of improving 23 & 24 Vict. the highways within their district may purchase such lands or easements relating to lands as they may require; and The Lands Clauses Consolidation Act, 1845, and the Act amending the same, 23 & 24 Vict. c. 106, shall be incorporated with this Act, with the exception of the clauses relating to the purchase of land otherwise than by agreement.

In the construction of this Act and the said incorporated Acts this Act shall be deemed to be the special Act, and the board shall be deemed to be the promoters of the undertaking, and the word "land" or lands" shall include any easement in or out of lands (n).

66

(n) By 25 & 26 Vict. c. 61, s. 9 (2), the board are a body corporate with power to acquire and hold lands for the purposes of the Highway Acts, without any license in mortmain.

FIRST SCHEDULE.

Act'64.

1st Sched.

PROCEEDINGS OF HIGHWAY BOARDS.

(1.) The board shall meet for the despatch of
business, and shall from time to time make
such regulations with respect to the sum-
moning, notice, place (m), management, and
adjournment of such meetings, and generally
with respect to the transaction and manage-
ment of business, including the quorum at
meetings of the board, as they think fit,
subject to following conditions:-

(a.) The first meeting (n) after the formation.
of the district shall be held at the time

and place fixed by the order of the
justice in that behalf;

(b.) One ordinary meeting shall be held in
each period of four months, and of
such meetings one shall be held on
some day between the seventh and
fourteenth days of April;

(c.) An extraordinary meeting may be sum-
moned at any time on the requisition
of three members of the board ad-
dressed to the clerk of the board;

(d.) The quorum to be fixed by the board
shall consist of not less than three

members;

(e.) Every question shall be decided by a
majority of votes of the members voting
on that question;

(f) The names of the members present at a
meeting shall be recorded.

M

Sic.

Act'64.

1st Sched.

(2.) The board shall at the first meeting, and after-
wards from time to time at their first meeting
after each annual appointment of members of
the board as hereafter mentioned (0), appoint
one of their members to be chairman and one
other of their members to be a vice-chairman
for the year following such choice.

(3.) If any casual vacancy occur in the office of
chairman or vice-chairman, the board shall,
as soon as they conveniently can after the
occurrence of such a vacancy, choose some
member of their number to fill such vacancy;
and every such chairman or vice-chairman so
elected as last aforesaid shall continue in office
so long only as the person in whose place he
may be so elected would have been entitled
to continue if such vacancy had not happened.
(4.) If at any meeting the chairman is not present
at the time appointed for holding the same,
the vice-chairman shall be the chairman of
the meeting; and if neither the chairman
nor vice-chairman shall be present, then the
'members present shall choose some one of
their number to be a chairman of such
meeting.

(5.) In case of an equality of votes at any meeting
the chairman for the time being of such
meeting shall have a second or casting vote.
(6.) All orders of the board for payment of money,
and all precepts issued by the board, shall be
deemed to be duly executed if signed by two
or more members of the board authorized to
sign them by a resolution of the board, and
countersigned by the clerk; but it shall not
be necessary in any legal proceeding to prove

Act '64.

that the members signing any such order or
precept were authorized to sign them, and 1st Sched.
such authority shall be presumed until the

contrary is proved.

(m) Where any local government district or any other place is surrounded by or adjoins a highway district constituted under the Highway Acts, the first-mentioned district or other place, for the purpose of any meeting of the highway board, is deemed to be within the highway district (26 & 27 Vict. c. 17, s. 6).

(n) The time for holding the first meeting of the board is fixed by the provisional or final order of the justices under sect. 10, ante. But nothing is said about the place of meeting.

(0) No other mention is made in the proceedings of the “annual appointment of members of the board."

Highway

Poor Rate, when the

Pounds bears Highways

are main

the said A.B., his Executors, Administrators, and NOTE.Assigns, such proportion of the Highway Rates leviable Rate includes in the Highway Parish or Parishes of [name the Parishes] as the said sum of to the whole Sum borrowed on the Credit of the said tained out of Rates, to hold to the said A.B., his Executors, Admin- See Sect. 33 nistrators, and Assigns, until the said Sum of Pounds, with Interest at the Rate of

per Centum per Annum, is paid.

Poor Rate.

of Act.

Pounds NOTE.

The Interest on this Mortgage will be paid at

on the

Day and

in every year.

Highway
Parish means

every Parish
that sepa-

Days of rately re

turns a

The Principal will be paid at

on the

Day

Given under our Corporate Seal this

18

Note-The Mortgage must be under the Corporate Seal of the Board, and duly stamped. See Commissioners Clauses Act, 10 Vict. c. 16, s. 75.

Transfer of Mortgage by Indorsement.

The within-named A.B., in consideration of the Sum
Pounds paid to him by C.D, of

hereby transfers to the said C.D., his Executors,
Administrators, and Assigns, all his Interest in the
Moneys secured by the within-written Mortgage and
and in the within-named Rates.

In witness whereof the said A.B. has hereunto set his Hand and Seal this

Day of

18 .

Note The Transfer must be under Seal and duly stamped. See Sect. 77 of Commissioners. Clauses Act, 10 Vict. c. 16.