and sched I.

Service of

(5.) In case of an equality of votes at any meeting Act "64,8.27.

the chairman for the time being of such meet

ing 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
counter-signed by the clerk; but it shall not
be necessary in any legal proceeding to
prove that the members signing any such
order or precept were authorized to sign
them, and such authority shall be presumed

until the contrary is proved. Any notice in respect of which no other mode of Id. s. 26. service is provided by the highway board in pursuance notices, ker

by highway of powers in that behalf conferred on them, and

any precept, summons, or order issued by the highway board, may be served, — By delivery of the same personally on the party

required to be served; or By leaving the same at the usual or last known place

of abode of such party as aforesaid ; or By forwarding the same by post as a prepaid letter

addressed to the usual or last known place of abode

of such party. In proving service of a document by post it shall be Proof of sufficient to prove that the document was properly post. directed, and that it was put as a prepaid letter into the post office; and in serving notice on the overseers Service on or the waywardens (if more than one) of any parish it or wayshall be sufficient to serve the same on any one of such officers in a parish.


service by



Regulations as to elections.

One or
more to be
annually for

Election to be at the meeting, &c., at which surveyor would have been chosen.

Act '62, s. 10.

WAYWARDENS. The following regulations shall be observed with l'espect to the election of waywardens in highway districts : In every parish forming part of a highway district

there shall be elected every year for the year next ensuing a waywarden or such number of waywardens as may be determined by order of the justices : Such waywarden or waywardens shall be elected in

every parish forming part of a highway district at the meeting and time and in the manner and subject to the same qualification and the same power of appointment in the justices, in the event of no election taking place, or in the event of a vacancy, at, in, and subject to which a person or persons to serve the office of surveyor would have been chosen or appointed if this Act had not

passed : The justices shall in their provisional order make

provision for the election of a waywarden or waywardens in places where no surveyor or surveyors were elected previously to the place forming part

of a highway district : A waywarden shall continue to act until his suc

cessor is appointed, and shall be re-eligible. Notwithstanding anything in the Highway Acts, waywardens continue in vitice till the 30th day of April in the year following the year in which they were elected, and on that day their successors come into office,

Every waywarden before taking his seat as a memcertificate of ber of a highway board must produce a certificate of ment signe kis having been duly elected or appointed a waywarden

order to
provide for
in places
where no
To continue
to act until
Act, '78, s. 11.
Duration of


Act'64, s. 19. To produce

appo nt

of vestry, &c.



c. 61, s. I.

not to be


own dis


and such certificate, in the case of an elected waywarden, Act '64, s. 19. must be signed by the chairman of the vestry or other by chairman meeting at which he was elected ; and in the case of a waywarden appointed by justices, must be signed by the justices making the appointment.

A waywarden may sit as such for more places May sit for than one, but he shall be entitled to one vote only as places, but waywarden. No waywarden can directly or indirectly, in his own

26 & 27 Vict. name or in the name of any


person or persons, Waywardens contract for the repair of any road, or for any other concerned in work to be executed under the provisions of the High- within their way Act, 1862, within the parish for which he is tricts. elected waywarden, or within any other parish in the same district, under the pain of forfeiting £10, with full costs of suit, to any person or persons who shall sue for the same by action for debt in any county court within the jurisdiction of which the parish in which the roads to be repaired or the other work so contracted for, is situate.

It is unlawful for any highway board to pay knowingly for any repair or work so contracted for; pay for and any money paid by any board under any such work's contract is recoverable by them with full costs from the person or persons to whom it has been paid, by may action of debt in any of Her Majesty's Courts of back money Record at Westminster, if it amounts to above £50, or in any county court, as aforesaid, if below that amount; and the balance so recovered, after paying all expenses, is to be placed to the credit of the district fund.

This Act is to be construed with and held to be part of the Highway Act, 1862.

Id. s. 2. Board not to

repair or

contracted for; and



Id. s. 3,


kuat cu tract for supply or Cariage of


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Id... 81.

Aet '61, 1.20. Notwithstanding anything contained in 26 & 27 Tict.
Vaywardieuw e. 61, or in any other Act, any waywarden may con-

tract for the supply or cartage of materials within the
parist for which he is waywarden, with the license
of two justices assembled at petty sessions, such license
to be granted on the application of the clerk of the
hiyuwar board, who must be authorized to make such
application by a resolution of his board assembled, at a
meeting of which notice has been given.

The power of appointing paid collectors of highway
May appoint

rates with the consent of tbe inhabitants in restry
assembled, which is vested in a surveyor by the High-

way Act, 1835, and all tbe provisions of that Act relating lave-puyurk, to such appointment, are rested in and extend to any

wag warden required to lety rates in pursuance of the
Highway Act, 1862, and the Highway Act, 1864, or
either of them; and for the purposes of the Highway
Act, 1861, any meeting of ratepayers entitled to elect
a waywarden or waywardens is deemed to be included
under the expression "inhabitants in restry assembled,"
as used in this section, and the Highway Acts.

colisetors of Higorax/ malto math Dutart of

Aet '62.8, 11,
All property

SwYeyor of

triet vests in


At and after the first meeting in any district of the Joel mying to board of

such district the following consequences any parish ensue:

All such property, real and personal, including all intoard,

terests, easements, and rights in, to, and out of pro-
perty, real and personal, and including things in
action, as belong to or are vested in, or would but for
the Highway Act, 1862, have belonged to or been
vested in, any surveyor or surveyors of any
parish forming part of the district, pass to and

&c. (except

attaching to parish sur

in board.


vest in the highway board of that district for all Act,'62, s. 11. the estate and interest of such surveyor or surveyors as aforesaid, but subject to all debts and

liabilities affecting the same: All debts and liabilities incurred in respect of any Debts

property transferred to the highway board may enforced be enforced against the board to the extent of the board. property transferred : All such powers, rights, duties, liabilities, capacities, All powers,

and incapacities (except the powerof making, assess- that of
ing, and levying highway rates) as are vested in making, &c.,
or attached to, or would but for the Highway
Act, 1862, have become vested in or attached to, veyors, vest
any surveyor or surveyors of any parish forming
part of the district, vest in and attach to the

highway board : All property by the Highway Act, 1862, transferred All property

to the board will be held by them upon trust for to board to the several parishes or places maintaining their trust for

to own highways within their district to which such which it property belongs, or for the benefit of which it belongs &c. was held previously to the formation of the dis

trict. On the formation of a district the following regula. Act ’62, s. 43. tions are enacted with respect to the surveyors and the highway board :- 1. No surveyor shall be appointed under the Prin- appointed

cipal Act for any parish within such district : 2. The outgoing surveyor of every parish within the Outgoing

district shall continue in office until seven days surveyor to
after the appointment of the district surveyor office until
by the board of the district of such outgoing
surveyor, and no longer; and he may recover pointment of
any highway rate made and then remaining veyor.
unpaid, in the same manner as if the High-

be held upon

No surveyor to be

for any

parish in the district.

unpaid rates.

seven days after ap

May recover

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