Contribution, to district fund, 64, 142. See District Fund.
Costs, on application for removal of parish from district, 19, 130;
member of board may apply moneys in hand for indem-
nity against, 22, 90,
on appeal in respect of order for repair of highways, &c., or
of items of expense and expenditure, &c., 70, 72, 150,
152. See Appeal.
on appeal against conviction or order under 41 & 42 Vict.
c. 77, 76, 209. See Appeal.
County, definition, 2, 3, 4, 81, 129, 209, 213.
County authority, definition, 5, 209, 213; may declare that rural
sanitary authority shall exercise powers of highway
board, 36, 167; may make order for repair of highways
on defaulting authority, 42, 175; as to non-compliance,
and subsequent proceedings, see Highways, 42-44; to
pay half the expense of maintenance of certain main
roads, 45, 180, may order ordinary highway to be a main
road, 45, 183; may apply for provisional order, that dis-
turnpiked road ought not to become main road, 46, 185;
or, that main road has become an ordinary highway, 46,
185; must pay expenses of such orders, 47, 185; may
withhold contribution to expenses of main roads if
accounts are not duly kept and forwarded, &c., 47, 187;
may order main roads over bridges to be repaired by
county or hundred, 48, 188; may accept existing bridges,
48, 189; may contribute towards the costs of erecting
bridges, 49, 190; may make, alter, and repeal bye-laws,
59, 197, 205, 215, 225. See Bye-laws.
County rate, expenses incurred in defending provisional or final
orders payable out of, 20, 131; half expense of main-
tenance of main roads, payable out of, 45, 180; fees for
locomotive licenses to be carried to, 205, 215.
Court of summary jurisdiction, definition, 4, 207, 214.
Damage, members of board may apply moneys in hand for indem-
nity against, 22, 90; to bridges caused by locomotives to
be made good by owners, &c., 218, 235; right to recover,
for injury sustained from use of locomotives, 225, 244.
Defect, in qualification or election of highway board, not to vitiate
proceedings, 21, 89.
Definitions, 2, 3, 4, 81, 82, 122, 131, 206, 207.
Discontinuance of unnecessary highways, 50-53, 133, 192.
Dissolution of highway district, 17, 112; highways to be main-
tained, &c., as if never included in district, 18, 113.
District fund, salaries and expenses for common benefit, to be
charged to, 62, 141; to be contributed in proportion to
rateable value of property in each parish, 62, 141; rate-
able value of property, to be ascertained by valuation
list-if none, as petty sessions may determine, 62, 141;
appeal against determination of petty sessions, 63, 141;
after 25th March, 1879, maintenance of highways and
all other expenses incurred by board, to be charged on,
63, 171; but board may divide district, and charge
maintenance of highways on each part, 63, 171; after
25th March, 1879, all borrowed moneys to be charged
on, 63, 173.
Mode of obtaining payment, 64, 142; precepts to be issued to
waywardens or overseers requiring them to pay the
amount of contribution to treasurer, 64, 142; precept to
be addressed to waywarden of parish not separately
maintaining its own poor, &c., in other cases to overseers,
64, 143; where precept addressed to waywarden he must
pay required sum out of separate rate, 64, 143; assess-
ment and levy of rate, 64, 143; waywarden's rate must
be published like poor-rate, 65, 143; waywarden to
account to board for all rates levied, 65, 144; and at
expiration of office to pay surplus to treasurer, 65, 144;
where precept addressed to overseers they must pay
required sum out of poor-rate, or moneys in hand, 65,
144; limitation of amount of contribution, 65, 144;
moneys payable under precept subject to all charges to
which highway rates are subject, 65, 144; waywardens
and overseers have same powers as in case of poor-rates,
66, 145; in case of non-payment by overseers or way-
warden justice may summon them to show cause why
payment has not been made, 66, 146; justices at petty
sessions may cause amount in arrear with costs, to be
levied from overseers or waywarden as in case of poor-
rate, 66, 146.
District surveyor, to be appointed by board, 32, 94; salary, 32,
95; duties, 34, 97; boards may combine to appoint, 34,
171; exempt from turnpike tolls, 34, 111.
Disturnpiked roads, what become main roads, 44, 180; applica-
tion for provisional order preventing them from becom-
ing main roads, 46, 185; mines and minerals under,
belong to former owner of land, 79, 199.
Driftway, may be declared to be a public highway repairable at
expense of parish, 59, 111.
Election, defect in, not to vitiate proceedings of highway board,
21, 89; of waywardens annually at meeting, &c., at
which surveyor would have been chosen, 26, 91; pro-
visional order to make provision for, where no surveyor
previously elected, 26, 92.
Encroachment on highways, penalty and proceedings, 78, 158.
Evidence, of formation of district, 20, 88; certified copy of order
receivable, 20, 128; minute of proceedings of highway
board, signed by chairman, 21, 89; not necessary to
prove authority to sign order of board for payment of
money, 25, 163; proof of service by post, 25, 138.
Ex officio member of board not disabled from acting as justice,
73, 154.
Excessive weight, damage caused by, recovery of expenses, 49,
190; composition in respect of, 49, 191.
Exemptions from toll of waggons, &c., drawn by locomotive,
216, 237.
Expenses, incurred in defending provisional or final orders, pay-
able out of county rate, 20, 131.
of rural sanitary authority to be deemed general expenses
under Public Health Act, 1875, 38, 170.
of provisional orders by Local Government Board, to be
defrayed by county authority, 47, 185.
of repairing main roads over hundred bridges, how repayable,
43, 188,
of application to revive liability to repair unnecessary high-
ways to be paid as court see fit, 50, 52, 134, 194.
of highway board, how charged, 62, 141. See District Fund.
recovery of, under 41 & 42 Vict. c. 77, before court of sum-
mary jurisdiction, 74, 206, appeal against order, 74, 207.
See Appeal.
Extra-parochial place, when declared to be a parish, deemed parish
separately maintaining highways, 6, 106; may be con-
stituted a highway parish, 17, 126.
Extraordinary traffic, road authority may recover expenses of, 49,
190; agreement for composition, 49, 191.
Final order, definition, 4, 131; confirming provisional order, 9, 83;
including several districts, 11, 122; copy to be published
in London Gazette and county newspaper, 13, 85; copy to
be sent to overseers, 13, 85; when not to be confirmed
until provisional order approved by justices of another
county, 18, 113.
Fines, for breach of bye-laws as to highways, 60, 198; under
41 & 42 Vict. c. 77, recoverable before court of summary
jurisdiction, 74, 206; appeal against conviction or order,
74, 207. See Appeal.
for breach of bye-laws as to licensing locomotives, 205, 215.
for breach of provisions as to weight of locomotives and con-
struction of wheels, 201, 220; for using locomotive not
constructed so as to consume smoke, 203, 221.
First meeting of highway board, 11, 126; day appointed deemed
day of formation of district, 12, 126.
Formation of highway districts, 8, 82; no objection available
after three months from date of final order, 19, 20, 88,
128; order of, not avoided by including place unlawfully
included, 20, 131; containing prohibited place, con-
strued as if that place not mentioned, 20, 131; conse-
quences of, 28, 93; property belonging to parish surveyor
vests in board, 28, 93; debts may be enforced against
board, 29, 93; powers of parish surveyors (except making
rates) vest in board, 29, 93; property to be held in trust
for parish to which it belongs, 29, 94; no surveyor to be
appointed for any parish in district, 29, 116; outgoing
surveyor continues in office for seven days after appoint-
ment of district surveyor, 29, 117; recovery of unpaid
rates, 29, 117; application of moneys recovered, 30, 117;
board deemed successor in office of parish surveyor,
30, 117.
Gates, bye-laws prohibiting or regulating erection of, &c., 60, 198.
Highways Acts, definition, 1, 2, 82, 121; short titles, 2, 121, 165;
what construed together, 1, 2, 115, 122.
Highway areas, description, 44, 183.
Highway authority, definition, 5, 210; default in maintaining
highways, 42, 175; to be repaid half the expense of
maintenance of certain main roads, 45, 180; to keep
accounts of the expenses of maintenance of main roads,
47, 186; and forward copy to county authority at such
times as may be required, 47, 187.
Highway board, definition, 3, 5, 82, 210; first meeting, 11, 126;
on failure, sessions may order meeting to be held, 13,
114; order removable into Queen's Bench, 13, 114; to
consist of waywardens and justices, 21, 89; is a body
corporate, 21, 89; no act to be questioned on account of
vacancy, 21, 89; no defect in qualification or election to
vitiate proceedings, 21, 89; minute of proceedings signed
by chairman, evidence, 21, 89; meeting of which minutes
are so made, deemed to have been duly convened, &c.,
22, 90; no member to be tried, &c., for exercising powers
given to board, 22, 90; member's lands, &c., not liable
to process for lawful act in execution of powers of board,
22, 90; members may apply moneys in hand for indem-
nity against loss, &c., incurred in execution of powers,
22, 90; qualification of ex-officio members, 22, 139;
successor in office of parish surveyor, 22, 117; regula-
tions as to proceedings, 23, 24, 25, 161, 162, 163; orders
for payment of money, 25, 162; service of notices,
precepts, summonses, and orders, by board, 25, 138;
service of summonses, notices, &c., on board, 31, 116;
provisions of Principal Act as to surveyor's accounts, not
to apply, 31, 116; application of rural sanitary anthority
to exercise powers of, 36, 167; dissolved upon order that
rural sanitary authority shall exercise such powers, 36,
167; duties and powers, as to maintenance and repair of
highways, 39-59, see Highways; may make improve-
ments, and borrow money for them with approval of
quarter sessions, 53, 154; estimate must be made, and
two months' notice given, before application for approval,
53, 154; contents of notice, 53, 155; as to service, &c., &c.,
see Improvements; may purchase lands for improve-
ments, 56, 160; may direct surveyor to repair highway
out of repair, and repairable ratione tenuræ, 56, 107, 135;
party liable to expenses may be summoned, 57, 108;
justices may determine the matter and make order as to
costs, 57, 108; appeal to quarter sessions, 58, 110; board
may apply to make highway repairable ratione tenuræ,
repairable by parish, 59, 136.
Expenses, how charged, 62, 141; mode of obtaining payment,
64, 142. See District Fund.
Accounts and audit, 67, 173. See Accounts-Audit.
Appeal against orders, 68, 148. See Appeal.
Highway district, definition, 3, 5, 82, 209; formation, 8, 82; to
be made coincident with rural sanitary district, 9, 166;
regulations as to forming, 9, 84; name to be stated in
provisional order, 10, 85; order comprising several dis-
tricts, 11, 122; union of parishes in different counties,
11, 129; what deemed day of formation, 12, 126; re-
strictions on formation, 14, 86; alteration of, 17, 112;
union of districts, 17, 112; dissolution, 17, 112; on
alteration of part, residue not affected, 19, 131; no objec-
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