Act'62, s. 43.

Application of moneys recovered.

way Act, 1862, had not been passed, and the money so recovered shall be applied, in the first place, in re-imbursing any expenses incurred by him as such surveyor and in discharging any debts legally owing by him on account of the highways within his jurisdiction, and the surplus (if any) shall be paid by him to the treasurer of the board; and he shall be entitled to receive from the board any sum which on the allowance of bis account shall be found to be due to him surveyor

after the collection and expenditure of the whole of the highway rate made

in such parish during the last year: 3. The board, for all the purposes of the Principal

Act, except that of levying highway rates, is deemed to be the successor in office of the surveyor of every parish within the district.

as such

Board deemed successor in office of parish surveyor.

26 Vict. c. 61 to be construed as one Act.

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Sect. 9 of

Act '62, s. 42. The following regulations are to be observed with
Act and 25 & respect to the construction of the Principal Act and

the Highway Act, 1862:-
1. The Highway Act, 1862, so far as is consistent

with its provisions, is to be construed as one with

the Principal Act:

2. The 9th section of the Principal Act, whereby it Principal

is enacted that a surveyor may be appointed by

the inhabitants of a parish with a salary, is not to apply.

to apply to any parish within any district formed

under the Highway Act, 1862:

3. The 10th section of the Principal Act, whereby it Principal Act, as to

is enacted that the surveyor or surveyors at the outgoing

time of passing his or their accounts as therein delivering

mentioned shall deliver to the justices a statement name, &c., of

Act, as to

aid surveyor, not

Sect. 10 of


formation of

Act on

duty not to

in writing of the name and residence of the Act ’62, s. 42. person or persons appointed to succeed him or successor

not to apply. them as a surveyor or surveyors, is not to apply to any parish within any district formed under

the Highway Act, 1862: 4. The 13th, 14th, 15th, 16th, and 17th sections of Provisions

of Principal the Principal Act, providing for the formation of Act su to parishes into districts, and the 18th and 19th parishes into

, , sections of the Principal Act, providing for the districts &c., appointment of a board in large parishes, is not apply. to apply to any parish within any district

formed under the Highway Act, 1862: 5. The penalty imposed by sect. 20 of the Principal Penalty on

surveyor for the

surveyor for neglect of duty is not to neglect of apply to a highway board constituted under the apply.

Highway Act, 1862: 6. Any summons or notice, or any writ or any Service of

proceeding, at law or in equity, requiring to be summons,
served upon the board, may be served by the board.
same being left at or transmitted through the
post in a pre-paid letter directed to the office of
the board or being given personally to the district

surveyor or clerk of the board: 7. The 35th section of the Principal Act, whereby Sect.35 of it is provided that the ratepayers of any parish Act, as to

Principal may divide amongst themselves the carriage dividing of materials in manner therein mentioned, is marriages of not to apply to any parish within any district not to apply.

formed under the Highway Act, 1862. 8. The 39th, 40th, 43rd, 44th, and 45th sections Provisions of

Principal of the Principal Act, relating to the accounts Act as to

surveyor's of surveyors, are not to apply to the highway

to apply. board of any district formed under the Highway Act, 1862.

accounts not


Aet '64, s. 27 and sched, 1.

(c.) An extraordinary meeting may be summoned


any time on the requisition of three members of the board addressed to the clerk of

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 meet

ing shall be recorded. (2.) The board shall at the first meeting, and after

wards from time to time at their first meeting after each annual appointment of mernbers of the board as hereafter mentioned, 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 chair

man or vice-chairman, the board shall, as soon as they conveniently can after the occurrence of such vacancy, choose some member of their number to fill such vacancy; 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 vicechairman shall be present, then the members present shall choose some one of their number to be a chairman of such meeting :


and sched i.

(5.) In case of an equality of votes at any meeting Act '64, s. 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, und
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, &c, 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

Service of


of such party.

In proving service of a document by post it shall be Proof of

service by 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.



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 vifice 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


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