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, 117;
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.
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,
155; application may be opposed by any person, 54,
155; moneys borrowed to be a first charge on highway
rates after payment of sums due to board, 54, 156; sums
required for repayment recoverable like expenses of
keeping highways in repair, 54, 156; general orders as
to mode of making applications for money, 54, 156;
parishes and districts may contribute to, 55, 157; Com-
missioners Clauses Act, 1847, with respect to mortgages,
incorporated, 55, 158; mortgages, &c., valid if made in
prescribed form, 56, 158; board may purchase lands for,
56, 160.
Indemnity, members of board may apply moneys in hand by way
of, 22, 90.
Indictment for using locomotive so constructed as to cause
nuisance, 225, 239.
Inspection, order declaring highway a main road, open to, 46, 183;
books of account, open to, 68, 147.
Isle of Wight, exception of, 2, 165; not to be included in district,
14, 86; saving as to mines, &c., under disturnpiked roads,
&c., extends to, 80, 200.
Justices, powers in relation to highway districts, &c., 8, 9, 82, 131;
jurisdiction as to union of parishes in different counties,
11, 129; form part of highway board, 21, 89; ex-officio
members, if resident in place prohibited from being in-
cluded in district, 22, 139.
jurisdiction as to appeals against accounts respecting places
situate in different counties, &c., but united in one
district, 72, 152; limitation of jurisdiction, 73, 112; may
exercise powers, &c., in relation to existing and future
districts, 73, 131; in petty sessions, may exercise same
jurisdiction as in special sessions, 73, 154; not dis-
abled from acting, though ex-officio members of board,
73, 154.
Lands, highway board may acquire and hold, 21, 89; members
not liable for lawful act in execution of powers of board,
22, 90.
License, to waywarden, for supply or cartage of materials, 28,
to locomotive, bye-laws for granting, 205, 215; except for
agricultural purposes, 205, 215.
Limits of Acts, 2, 81, 165.
Limits of speed for locomotives, 223, 242; penalty for offences,
223, 242.
Local Act, parish where highways maintained under, not to be
included in highway district, 14, 86; provisions of Prin-
cipal Act as to widening, diverting, and stopping up,
applicable to highways under, 76, 118.
Local Government Act, 1858, district under, not to be included in
highway district, 14, 86.
Local Government Board, may provide for adjustment of accounts,
&c., on alteration of boundaries of rural sanitary district,
38, 61, 170; may make provisional order, that disturn-
piked road ought not to become main road, 46, 61, 135;
or that main road has become ordinary highway, 46, 61,
185; confirmation of bye-laws, 60, 62, 206; month's
previous notice to be given, 61, 206; may direct auditor's
remuneration, 61, 174; may submit provisional orders
to Parliament for confirmation, 61, 206.
Locomotive, definition, 214; bye-laws as to licensing, 205, 215;
tolls to be taken, 215, 230; weight to be carried by wag-
gons, &c., drawn by, 217, 233; restriction of use over
bridges, 218, 234; damage to bridges caused by, to be
made good by owners, &c., 218, 235; weight of, and con-
struction of wheels, 200, 220; to be constructed so as to
consume smoke, 203, 221; rules for working, 221, 241;
limit of speed, 223, 242; penalty for offence, 223, 242;
name and residence of owner to be affixed, 223, 243;
penalty for offence, 223, 243; bye-laws as to prohibited
hours, 204, 223, 225; as to preventing use on bridges,
204, 223, 225; penalty for offence, 204, 223, 225; pro-
visions in Turnpike Acts to apply, 224, 237; weight and
owner's name to be affixed, 224, 237; penalty for omis-
sion, 224, 238; penalty for fraudulently affixing incor-
rect weight, 224, 238; for ploughing purposes not affected
by restrictions as to steam engines within twenty-five
yards of roads, provided, &c., 224, 242; not to be
so constructed or used as to cause nuisance, 225, 239,
244; right to recover damage in respect of injury,
225, 244.
Locomotive Acts, duration, 205, 212, 213, 240.
London Gazette, copy of, evidence of formation of district, 20,
88; orders not invalidated by non-publication in,
20, 128.
Losses, members of board may apply moneys in hand for indem-
nity against, 22, 90.
Main roads, disturnpiked roads, to become, 44, 180; one-half the
expense of maintenance to be paid out of county rate,
45, 180; proviso as to metropolis and municipal corpo-
rations, 45, 180; county authority may order ordinary
highway to become, 45, 183; order to be deposited with
clerk of peace, and not valid until confirmed, 46, 183;
application for provisional order preventing disturnpiked
roads from becoming, 46, 185; accounts of expenses of
maintenance to be kept by highway authority, 47, 186;
and copies sent to county authority at such times as may
be required, 47, 187; in default, contribution may be
withheld, 47, 187; in highway district situate in several
counties, how to be treated, 47, 187; over bridges,
repairable by county or hundred, as county authority
order, 48, 188.
Maintenance, of highways, 39-59. See Highways.
default of highway authority, 42, 175.
of main roads, accounts to be kept by highway authority, 47,
186; and copies sent to county authority at such times
as may be required, 47, 187; in default, contribution
may be withheld, 47, 187.
liability as to unnecessary highways, may be revived, 50, 52,
134, 194.
in highway districts to be a separate charge on each parish,
62, 141; after 25th March, 1879, to be charged on dis-
trict fund, 63, 171; but board may divide district and
charge maintenance on each part, 63, 171.
Meeting of highway board, of which minutes have been duly
made, deemed to have been duly convened, &c., 22, 90;
regulations as to, 23, 24, 25, 161, 162, 163.
Member, of highway board, not subject to be tried, &c., for
exercising powers of board, 22, 90; lands, &c., not liable
to process for lawful act in execution of powers of board,
22, 90; may apply moneys in hand for indemnity against
loss, &c., 22, 90.
Metropolis, exception of, 2, 165; definition, 6, 210, 213; parishes
within, not to be included in highway district, 14, 86.
Mines and minerals under disturnpiked road or highway to belong
to former owner of land, 79, 200.
Minute of proceedings of highway board, signed by chairman,
evidence, 21, 89; meeting of which minutes are SO
made, deemed to have been duly convened, &c., 22, 90.
Mortmain, highway board may acquire and hold lands without
license in, 21, 89.
Name, of district, to be stated in provisional order, 11, 85; of
highway board, 21, 89.
|