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Improvements -- continued.

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 roails,
&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,

132.
to locomotive, bye-laws for granting, 205, 215 ; except for

agricultural purposes, 205, 215.
Limits of Acts, 2, 81, 165.

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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,

Main roads-continued.

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.

Name and residence of owner to be affixed to locomotive, 223,

243 ; penalty for offence, 223, 243.
of owner and weight to be affixed to locomotive, 224, 237 ;

penalty for omission, 224, 238.
Notices, service by board, 25, 138; service of, on board, 31, 116.
to owners, &c., of land abutting on unnecessary highway

51, 192 ; public, to be given by applicant, by advertise-

ment, &c., 51, 193.
of intention to apply for approval of borrowing money

for improvements, 53, 155.
Nuisance, using locomotive so constructed or used as to cause,

action or indictment for, 225, 239, 244.

Occupation road, may be declared to be a public highway repair-

able at expense of parish, 59, 111.
Officers, appointment and duties of, 32, 94, 96, 97 ; appointment

by writing under seal, 32, 94 ; power to remove, 32, 94 ;
appointment on removal, death, or resignation, 32, 94 ;
payment of salaries, 32, 95 ; appointment may be by
minute of board, 32, 140 ; in default of appointment by
board within three months, quarter sessions may appoint,
and fix salary, 32, 153; two offices not to be held by
same person, 33, 95 ; to account when required, and pay
over money in hand, 34, 104 ; on refusal, justice may
cause unpaid money to be levied by distress, 35, 105 ;
commitment in default of distress, &c., &c., 35, 105';

detention in prison not to exceed six months, 36, 106.
Order of board for payment of money, execution, 25, 162 ; ser-

vice, 25, 138.
of county authority, that rural sanitary authority may exer-

cise powers of highway board, 36, 167 ; commencement,
36, 167 ; amendment, &c., 37, 167 ; highway district in

several counties, 37, 167.
that highway be a main road, 45, 183; to be deposited

with clerk of peace, and not valid until confirmed, 46,

183.
Order, provisional and final, definition, 4, 131 ; provisional to be

confirmed by final, 9, 83; regulations as to making, &c.,
9, 84 ; certified copy receivable in evidence, 20, 128

; not

'
avoided by including place not lawfully included, 20,
131 ; containing prohibited place, construed as if that

place were not mentioned, 20, 131.
Outlying part of parish, may be annexed to district, 7, 107;

partly within and partly without borough, may be
included in district, 16, 125.

Overseers, notice of proposal to form district to be sent to, 8, 83 ;

copy of provisional and final orders to be sent tó, 13,
85; may be appointed in extra-parochial places, 17, 126;

service of notice on, 25, 138.
precepts for contribution to district fund, 64, 142. See District

Fund.
Owners, of land abutting on unnecessary highway, notice to, 51,

192.
of locomotives, to make good damage to bridges, 218, 235 ;

liable to fine for using locomotive improperly constructed,
201, 220 ; liable to penalty for non-compliance with
rules as to working locomotives, 222, 241 ; name and
residence to be affixed to locomotive, 223, 243 ; penalty
for offence, 223, 243; weight and owner's name to be
affixed to locomotive, 224, 237 ; penalty for omission,
224, 238.

Parish, definition, 3, 82; provisional order must state what to be

united, 10, 85 ; union of parishes in different counties,
11, 129 ; where highways maintained under local
Act, not to be included in highway district, 14, 86 ;
within limits of borough, not to be included without
consent, 14, 86 ; in several counties, deemed within
county where church is situate, 14, 87 ; formed by com-
bination of townships, &c., 15, 87; what sections of
Principal Act not to apply to parishes in highway dis-
tricts, 30, 31, 115, 116; appointment of surveyor in

parish not maintaining highways, 79, 196.
Penalties, under 25 & 26 Vict. c. 61, recoverable before any two

justices, 74, 119; appeal to quarter sessions, if sum

adjudged to be paid exceeds £5, 74, 119.
under 41 & 42 Vict. c. 77, recoverable before court of sum-

mary jurisdiction, 74, 206 ; appeal against conviction or

order, 74, 207. See Appeal.
Person, definition, 6, 211, 214.
Personal Act, provisions of Principal Act as to widening, divert-

ing, and stopping up, applicable to highways under,

76, 118.
Petty sessional division, definition, 6,211.
Places separately maintaining highways, 6, 106, 107, 122.

where highways not repaired out of rate, 7, 122.
Poor-law parish, definition, 33, 122 ; townships, &c., may be com-

bined in provisional order, 15, 87; to be subject to same
liabilities as if several liabilities had attached to whole

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