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purposes of the Highway Act, 1862, be deemed Act '62, s. 7.
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: Lastly, where a parish separately maintaining its Combination

of townships, 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, ham

lets, and places, And to declare that no separate waywardens 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.

The power given by section 7 of the Highway Act '84, 8. 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. Where a township, tithing, hamlet, or other place Parts of

townships, separately maintaining its own highways is situate &c., may be in two or more poor law parishes, each part of with parish.

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Power to

two or more. Poor law parish may

combined

Power to return waywardens to

board.

Act ’64, 8.7. 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 be declared order, declare that any poor law parish within their to be a highway 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.

And upon such declaration being made such poor

law parish, or residue of a poor law parish, shall therehighway

after 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 parishes.

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.

Where a parish or place separately maintaining its Outlying

own highways is situate partly within and partly withparish partly

out the limits of a borough, the justices may by their partly with provisional and final orders include in a highway dis

Provision for election

of way

wardens in certain

a

Id. s. 8.

part of

within and

a

may be in

highway

trict the outlying part of such parish or place; and Act ’84, s. 8. where the outlying part of a parish or place situate as borough aforesaid has been, previously to the passing of this cluded in Act, or may be hereafter, included in a highway dis- district trict, each part of such parish or place shall for all the purposes of the Highway Acts be deemed to be a 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.

Justices in petty sessions may appoint overseers or otherwise deal with any extra-parochial place with a constitute view to constituting it a highway parish or part of a parochial highway parish, in the same manner as they may way parish. 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.

Id. s. 9. Justices may

Districts

new districts may be

of

ALTERATION OF DISTRICTS. Any highway district formed under the Highway Act ’62, s. 39. Act, 1862, may from time to time be altered by the may be al-,

tered byaddiaddition of any parishes in the same or in any adjoin-tion or subing county, or the subtraction therefrom of any parishes and parishes, and new highway districts may be formed by the union of any existing highway districts in the formed by same or in any adjoining county, or any parishes form- existing ing part of any existing highway districts, or any or district highway district may be dissolved. But

any such alteration of existing districts, or for- Alterations mation of new districts, or dissolution of any district, by provishall be made by provisional and final orders of the jus- final orders, tices; and all the provisions of the Highway Act, 1862, provụsions with respect to the formation of highway districts and relating to

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districts,&c.

may be

dissolved,

&c., to be

sional and

and other

formation of

с

Provision to be made for adjustment

Final order not to be confirmed until after

Act '02, s.39. provisional and final orders of justices, and the notices to districts to be given of and previously to the making of such orders apply.

and all other proceedings relating to the formation of highway districts, shall, in so far as the same are applicable, extend to such alteration of existing or formation of new districts, or dissolution of districts, as is mentioned in this section.

And in addition thereto provision shall be made, if necessary,

in

any orders of justices made under this of accounts. section for the adjustment of any matters of account

arising between parishes or parts of districts in consequence of the exercise of the powers given by this section.

Where any parish is added to or any district united

with any district in another county, the final order of approval of the justices of the county in which such parish or disprovisional, trict is situate shall not be confirmed by them until order by justounty with they shall have received the approval of their pro

visional order for such addition or union from the union, &c.,

tices of the county in which the district is situate to or with which such addition or union is to be made.

Where any highway district is dissolved, or where

any parish is excluded from any highway district, the highways to

highways in such parish or district shall be maintained as if tained, and the provisions of the Principal Act in relanever been tion to the election of surveyors and to all other matthe district. ters shall apply to the said highways, in the same

manner as if such highways had never been included within the limits of a highway district.

The approval of the justices of any county to any Approval to be testified provisional order made by the justices of another

county affecting any place in such first mentioned final orders,

county, in pursuance of the Highway Act, 1862, g. 39, must be testified by provisional and final orders of the justices of the said first-mentioned county.

tices of

which

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is to be made.

Upon disso, lution, &c., of district

be main

Act '84 s. 14.

sional and

of town

order.

Costs of ap

be removed

making the

The powers conferred on justices by the Highway Act '64, s.14. Act, 1862, s. 39, shall be deemed to extend to the Separation separation of any townships, tithings, hamlets, or ships, &c., places separately maintaining their own highways by previcus which may have been consolidated by any previous order of the justices, and to an alteration in the number of waywardens of any parish.

Where, after the formation of an highway district, cold: s. 15, an application is made by any parish in that district to plication to any court of general or quarter sessions, praying that from district,

to be paid by the said parish may be removed from that dis- parish trict, all costs incidental to or consequential on such

application, application and the removal of the said parish shall, unless the court otherwise directs, be paid by the parish that has made the application in such manner as the said court may direct. The amount of such costs shall be raised in the same manner as if they were expenses incurred in maintaining and keeping in repair the highways of that parish.

Where an alteration is made in part only of a highway district the residue of that district shall not be district not affected thereby, but shall continue subject to the alteration Highway Acts in the same manner as if no such alteration had been made.

Id. s. 17. Residue of

affected by

of part.

VALIDITY AND EVIDENCE OF ORDER OF

FORMATION,

Act '62, s. 8.

after three

No objection can be made at any trial or in

any

No objection legal proceeding to the validity of any orders or pro- available cedings relating to the formation of a highway district, months from

publication after the expiration of three calendar months from the in Gazette. date of the publication in the Gazette of the order under which the district is formed.

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