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Election continued.

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

Fines-continued.

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

Highway board —continued.

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 menber 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 tenurce, 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 tenure,

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-

Highway district-continued.

tion to formation available after three months from date
of final order, 19, 20, 88, 128 ; evidence of formation, 20,
88; order of formation not invalidated by non-publica-
tion in Gazette, 20, 128 ; consequences of formation, 28,
93 ; property belonging to parish surveyor vests in
board, 28, 93 ; debts may be enforced against board, 29,
93; powers of parish surveyor (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 appointment of
district surveyor, 29, 117; recovery of unpaid rates, 29,
117; application of moneys recovered, 30, 117; board
deemed successors in office of parish surveyor, 30, 317 ;
what sections of Principal Act not to apply to parishes
within, 30, 31, 115, 116 ; provisions of Principal Act as
to surveyor's accounts, not to apply to board, 31, 116 ; is
a highway area, 44, 183; in several counties, how to be

treated as to main roads, 47, 187.
Highway parish, definition, 3, 5, 122, 210; outlying part of parish,

when annexed to district, 7, 107; combination of town-
ships, &c., deemed to be, 15, 87 ; poor law parish may
be declared to be, 16, 124 ; and entitled to return way-
wardens, 16, 125 ; no separate rate to be made for main-
tenance of highways in townships, &c., 16, 125 ; nor
separate waywardens elected for townships, &c., 16, 125 ;
outlaying part of parish partly within and partly without
a borough, 16, 125 ; extra-parochial place, may be con-

stituted, 17, 126, is a highway area, 44, 183.
Highway rate, definition, 3, 122 ; collector of, appointment by

waywarden, 28 140.
Highways, maintenance and repair, 39-59.
board to maintain, 39, 97 ; estimate to be submitted to board,

and copy given to waywardens, 39, 97 ; if road out of
repair, justice to summon board and waywarden, 39, 98;
sessions to require board to appear at subsequent sessions,
and appoint person to view, 39, 99 ; if justices satisfied
that highway is not in repair, they must make order, 40,
99; if not repaired by time limited, justices must appoint
person to put it into repair, and order board to pay ex-
penses and costs, 40, 99; expenses deemed to have been
incurred in repairing highway, 40, 100;

board may appear
at sessions, by district surveyor, &c., 40, 100; if liability
to repair denied by waywarden, justices to direct indict-
ment, 41, 101 ; costs, as court directs, 41, 101.

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Highways-continued.
board may contract for materials, 41, 160; may contract to

repair highways repairable by other parties, 41, 135 ;
may permit landowner to erect fences without his in-

curring liability to repair, 42, 119.
default by highway authority in maintaining, 42, 175.; on

complaint, county authority to make order on defaulting
authority, 42, 175 ; on non-compliance, to appoint some
one to perform the duty, and order payment of expenses
and costs, 42, 175 ; person appointed has powers of de-
faulting authority, 43, 176 ; on notice that defaulting
authority declines to comply until liability determined,
county authority to cancel or modify order, or submit
question to jury, 43, 176 ; if question submitted to jury,
indictment to be preferred to assizes, 43, 176 ; order sus-
pended, 43, 176 ; operative, if defendants guilty, 44, 176;
void, if defendants acquitted, 44, 177 ; costs, as court

directs, 44, 177 ; out of what funds payable, 44, 177.
main roads, disturnpiked roads to become, 44, 180; half ex-

pense of maintenance to be paid out of county rate, 45,
180 ; proviso as to metropolis and municipal corporations,
45, 180 ; county authority may order ordinary highway
to become, 45, 183; may apply for provisional order that
disturnpiked roads ought not to become, 46, 185 ; or that
main road has become an ordinary highway, 46, 185 ;
Local Government Board may make provisional order,

46, 185.
discontinuance of unnecessary highways. See Unnecessary

Highways, 50, 53.
widening, diverting, and stopping up, provisions of Principal

Act applicable to highways under local or personal Acts,
76, 118; borough councils may adopt parish roads and
highways, and apply rates for their repair, 76, 118 ; pro-
visions as to cattle found straying, &c., on highways,
77, 136 ; encroachment, penalty and proceedings, 78,
158; mines and minerals under, belong to former owner

of land, 79, 199.
Hundred bridges, expense of repairing main roads over, how re-

payable, 48, 188.

Improvements, definition, 55, 157 ; board may make, and borrow

money 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 ; service and publication of notice, 54,

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