may be in highway trict the outlying part of such parish or place; and Act '64, 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. a Id. s. 9. Justices may constitute a parochial Justices in petty sessions may appoint overseers or otherwise deal with any extra-parochial place with view to constituting it a highway parish or part of highway parish, in the same manner as they 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. any extra place a high way parish. ALTERATION OF DISTRICTS. Districts tered by addi traction of new dis Any highway district formed under the Highway Act '62, s. 39. Act, 1862, may from time to time be altered by the may be aladdition 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 tricts may be 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. union of districts, &c. may be dissolved. &c., to be sional and 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, provisions with respect to the formation of highway districts and C and other relating to formation of Act '62, 5.39. provisional and final orders of justices, and the notices to districts to be given of and previously to the making of such orders apply. Provision to be made for of accounts. 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 adjustment necessary, in any orders of justices made under this 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 Final order not to be confirmed until after provisional 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 disorder by jus- trict is situate shall not be confirmed by them until they shall have received the approval of their provisional order for such addition or union from the Stices of the county in which the district is situate to or with which such addition or union is to be made. tices of county with Upon disso lution, &c., of district highways to be main tained as if they had Where any highway district is dissolved, or where any parish is excluded from any highway district, the highways in such parish or district shall be maintained, and the provisions of the Principal Act in relation 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. never been included in Act '64 s. 14. by provisional and final orders, The approval of the justices of any county to any be testified provisional order made by the justices of another county affecting any place in such first mentioned county, in pursuance of the Highway Act, 1862, s. 39, must be testified by provisional and final orders of the justices of the said first-mentioned county. of town consolidated 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 previous which may have been consolidated by any previous order of the justices, and to an alteration in the number of waywardens of any parish. order. Id. s. 15. plication to Costs of ap be removed that from district, to be paid by dis- parish such Where, after the formation of an highway district, an application is made by any parish in that district to any court of general or quarter sessions, praying the said parish may be removed from that trict, all costs incidental to or consequential on 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. making the application. Id. s. 17. Residue of district not affected by Where an alteration is made in part only of a highway district the residue of that district shall not be affected thereby, but shall continue subject to the alteration Highway Acts in the same manner as if no such alteration had been made. 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 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. publication Act '62, s. 8. And the production of a copy of the London Gazette containing a copy of the order of justices dence of for- forming a highway district is receivable in all courts of mation, &c. justice, and in all legal proceedings, as evidence of the formation of the district and of the matters in the said order mentioned. Act '64, s. 12. No order of the justices forming a highway district invalidated shall be invalidated by reason of its not being published in the London Gazette. by non-publication in Gazette. Date of final tuted for lication in And where any reference is made in any section of the order substi- Highway Act, 1862, to the date of the publication in date of pub- 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." Gazette. Certified copy receiv dence. And any copy of the provisional or final order of the able as evi- justices forming a highway district, certified under the hand of the clerk of the peace to be a true copy, 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. Id. s. 16. Order not avoided by including place not cluded No order of the justices forming a highway district, whether made before or after the passing of the Highway Act, 1864, shall be void by reason that it includes lawfully in- in such district a place which the justices are not entitled to include under the provisions of this Act or the Highways Act 1862, or one of such Acts; and any order containing such prohibited place shall be construed and take effect as if that place had not been mentioned therein. therein. Expenses incurred in defending All expenses properly incurred by the justices of any county in maintaining the validity of any proviorder, paya- sional or final order made by them shall be payable county rate. out of the county rate of that county. ble out of HIGHWAY BOARD. Act, '62, s. 9. Constitution of Board. way- Board conwithin wardens and sists of way justices. With respect to the constitution of the highway board, the following provisions are enacted :(1.) The highway board shall consist of the wardens elected in the several places the district, in manner hereinafter mentioned, and of the justices acting for the county and residing within the district: (2.) The board shall be a body corporate, by the Is a body name of the highway board of the district to which it belongs, having a perpetual succession and a common seal, with a power to acquire and hold lands for the purposes of the Highway Acts, without any license in mort main : corporate. No act to be questioned (3.) No act or proceeding of the board shall be questioned on account of any vacancy or vacancies on account in their body: of vacancy. qualification, &c., to vitiate pro ceedings. proceedings (4.) No defect in the qualification or election of any No defect in person or persons acting as members or member of the board or committee of a board shall be deemed to vitiate any proceedings of such board in which he or they have taken part in cases where the majority of members parties to such proceedings are duly entitled to act: (5.) Any minute made of proceedings at meetings of Minute of the board or of committees of the board, if signed signed by by any person purporting to be the chairman evidence of the board or committee of the board, either at the meeting of the board or committee of proof. the board at which such proceedings took place, or at the next ensuing meeting of the board or committee of the board, shall be receivable in evidence in all legal proceedings without further proof: chairman, without further |