withhold “the contribution payable by them under this Act Act '78, s. 15. towards the expenses of the maintenance of main roads by such highway authority for the year in which such default appears.” But no contribution is payable by them under this section, and, therefore, no such contribution can be withheld, although it seems that the county authority may still require the highway authority to keep the account there mentioned.

reduce main

status of

highway.

16. If it appears to a county authority that any road Power to within their county which, within the period between road to the 31st December, 1870, and the date of the passing ordinary of this Act, ceased to be a turnpike road, ought not to become a main road in pursuance of this Act, such authority shall, before the 1st February, 1879, make an application to the Local Government Board for a provisional order declaring that such road ought not to become a main road (c).

Subject as aforesaid, where it appears to a county authority that any road within their county which has become a main road in pursuance of this Act ought to cease to be a main road and become an ordinary highway, such authority may apply to the Local Government Board for a provisional order declaring that such road has ceased to be a main road and become an ordinary highway (d).

The Local Government Board, if of opinion that there is probable cause for an application under this section, shall cause the road to be inspected, and if satisfied that it ought not to become or ought to cease to be a main road and become an ordinary highway shall make a provisional order accordingly, to be confirmed as hereinafter mentioned (e).

All expenses incurred in or incidental to the making or confirmation of any order under this section shall be defrayed by the county authority applying for such order (f).

(c) The object of this part of the section is to enable the

Act '78, s. 16. county authority to obtain the opinion of the Local Government Board as to whether certain roads which have been disturnpiked between the 31st December, 1870, and the 16th August, 1878, should be partly maintained out of the county rate under sect. 13, or should continue to be wholly maintained by the highway authority under 33 & 34 Vict. c. 73, s. 10. The application to the Local Government Board must be made before the 1st February, 1879, or they cannot entertain it. As the Local Government Board have to consider whether there is or is not probable cause for the application before they cause the road to be inspected, it would seem that the grounds on which it appears to the county authority that the road in question ought not to become a main road under sect. 13, must be stated in their application, and these grounds must also have been agreed to in general or quarter sessions.

Turnpike road in several counties.

Accounts of expenses of

(d) This application may be made at any time, but, as in the former case, must contain the grounds on which it appears to the county authority that the main road in question ought to cease to be a main road and become an ordinary highway, and these grounds must also have been agreed to in general or quarter sessions.

(e) The order is only provisional and will be of no validity until it is confirmed by Parliament under sect. 34.

(f) It is not stated out of what fund these expenses are to be defrayed. The contribution under sect. 13 is to be paid "out of the county rate." And as that is the only fund at the disposal of the county authority, it seems, although not so expressed, that these expenses must also be payable out of the county

rate.

17. Where a turnpike road subject to one trust extends into divers counties, such road, for the purposes of this Act, shall be treated as a separate turnpike road in each county through which it passes (g).

(g) And, therefore, each county will have to pay a contribution under sect. 13 proportioned to the length of the road within that county. It is presumed that the section does not mean that the whole road shall be treated as a separate turnpike road in each county, but that the portion of the road in each county shall be treated as a separate turnpike road in that county.

18. Every highway authority shall keep, in such maintenance form as may be directed by the county authority, a separate account of the expenses of the maintenance of the main (h) roads within their jurisdiction, and shal}

of main

roads.

forward copies thereof to the county authority at such Act '78, s. 18. time or times in every year as may be required by the county authority, and the accounts so kept shall, where the accounts of the highway authority are audited under this Act (i) or under sect. 247 (j) of the Public 38 & 39 Vict. Health Act, 1875, be audited in the same manner as the other accounts of such authority, and where the accounts of the highway authority are not so audited shall be subject to such audit as the county authority may direct.

If any highway authority makes default in complying with the provisions of this section, or with any directions given in pursuance thereof by the county authority, the county authority may withhold all or any part of the contribution payable by them under this Act towards the expenses of the maintenance of main roads by such highway authority for the year in which such default occurs.

(h) These accounts only apply to the maintenance of "main roads." Other accounts are by sect. 9 required to be " made up" in such form (which it is presumed is the same thing as "keeping" under this section), as the Local Government Board prescribe. But whether or not the keeping of these accounts in the form directed by the county authority will exonerate the highway authority from the necessity for making up accounts respecting main roads in the form prescribed by the Local Government Board under sect. 9 is left in doubt.

(i) See sect. 9, ante.

(5) This section only applies to an urban sanitary authority who are not the council of a borough. The audit of accounts of a rural sanitary authority is regulated by sect. 248 of the same Act, and not "under this Act." Hence, it would appear that if a rural sanitary authority is entitled to contribution out of the county rate under sect. 13, its accounts, so far as the maintenance of main roads is concerned, are "subject to such audit as the county authority may direct." The accounts of the town council of a borough, as regards the maintenance of main roads, will also be subject to a similar audit.

c. 55.

19. Where a highway district is situate in more Highway than one county, the provisions of this Act, with

district situate in

Act '78, s. 19. respect to the expenses of the maintenance of main more than roads, shall apply as if the portion of such district situate in each county were a separate highway district in that county (k).

one county.

Repair of main roads in certain

cases.

(k) The effect of this will be that each county will only contribute to the maintenance of such portions of the main roads as lie within its own boundaries.

20. Notwithstanding the provisions of this Act, in the case of any county in which certain of the bridges within the county are repairable by the county at large, and others are repairable by the several hundreds within the county in which they are situate, it shall be lawful for the county authority from time to time, by order, to declare any main road or part of a main road within their county () to be repairable (m) to the extent only and in manner provided by section 13 of this Act, either by the county or by the hundred in which such main road or part is situate, as they think fit; and where a main road or part thereof is declared to be repairable by a hundred, the expense of repairing the same shall, to the extent to which but for this section the expense or any contribution towards the expense of repairing the same would be repayable (n) out of the county rate, be repayable out of a separate rate which shall be raised and charged in the like manner as the expenses of repairing the hundred bridges in the same hundred would have been raised and charged (o).

within their

(2) The expression "any main road county," it is presumed, must mean any main road within their county, "leading to and passing over any such bridge." It cannot mean any main road whatever within their county.

(m) There is nothing in sect. 13 which says that main roads shall be "repairable" by the county; but only that one-half of the expenses incurred in their maintenance shall be paid to the highway authority out of the county rate. But assuming that

an order may be made declaring that any such main road shall Act '78, s. 20. be repairable either by the county or hundred, as the county authority think fit, the order must direct that one-half of the expenses of maintenance shall be repaid to the highway authority by the county or hundred, as the case may be; and must also declare that the main road in question is repairable to the extent of one-half of the expenses incurred in its maintenance, by the county or hundred, as the case may be.

There must have been an order under sect. 15 declaring the road in question a "main road," before this part of the section can be brought into operation.

In connection with this matter it may be mentioned that by 33 & 34 Vict. c. 73, s. 12, where a turnpike road becomes an ordinary highway, all bridges which were previously repaired by the trustees of the road become county bridges, and are repairable accordingly; subject to the proviso that for the purposes of that Act such bridges shall be treated as if they were built subsequently to the passing of 5 & 6 Will. 4, c. 50. And by 5 & 6 Will. 4, c. 50, s. 21, if any bridge shall hereafter be built which shall be liable by law to be repaired by and at the expense of any county or part of a county, then and in such case all highways leading to, passing over and next adjoining to such bridge, shall be from time to time repaired by the parish, person or body politic or corporate, or trustees of a turnpike road, who were by law before the erection of the said bridge bound to repair the said highways. With a proviso saving the liability of the county to repair the walls, &c., &c., of the bridge.

(n) The object of the section is to shift the liability to contribute to the maintenance of such roads from the county to the hundred, and to place the hundred in the position of the county, so far as relates to the liability arising from the order declaring any such road a main road. It will be observed that the matter is left entirely to the county authority, and that neither the hundred, nor any one representing it, has any power whatever to oppose the making of the order. The order must be made at general or quarter sessions.

(0) The rate will be raised and charged under 22 Hen. 8, c. 5, and 1 Anne, c. 12 (Rev. Ed.), c. 18 (Ruff.).

BRIDGES.

existing

be accepted

21. Any bridge erected before the passing of this Certain Act in any county without such superintendence as is bridges may provided in 43 Geo. 3, c. 59, s. 5, and which is cer- by county tified by the county surveyor or other person appointed in that behalf by the county authority to be in good repair and condition (p), shall, if the county authority

authority.