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Act, '62, s. 9.
are so made
deemed to have been duly convened, &c
No member subject to be tried, &c., for exercising powers given to board.
Member's lands, &c., not liable to process for lawful act in execution of
powers of board.
Members may apply moneys in hand for indemnity against loss, &c., incurred in execution of powers.
Act '64, s. 29. Qualification of ex officio
And until the contrary is proved every meeting of the board or committee of the board in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held, and all the members thereof to have been duly qualified: (6.) No member of a board, by being party to, or executing in his capacity of member, any contract or other instrument on behalf of the board, or otherwise lawfully exercising any of the powers given to the board, shall be subject to be tried or prosecuted, either individually or with others, by any person whomsoever: And the bodies or goods or lands of the members shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into, tried, or executed by them, or by reason of any other lawful act done by them in execution of any of the powers of the board:
And the members of the board may apply any moneys in their hands for the purpose of indemnifying themselves against any losses, costs, or damages they may incur in execution of the powers granted to them:
A justice of the peace acting for the county in which a highway district is situate, if he is resident in any members of place which is prohibited either altogether or without the consent of the local authority from being included in a highway district by sect. 7 of the Highway Act, 1862, and which is surrounded by or adjoins in any part such highway district, is by virtue of his office a member of the highway board of such district, subject to this qualification, that if in pursuance of
this section he would be entitled to be a member of Act '64, s. 29 two or more highway boards in the same county, he shall, by letter under his hand, addressed to the clerk of the highway board for which he elects to act, and by him to be transmitted to the clerk of the peace of the county, declare of which of the said highway boards he elects to be a member, and having made that election he is bound thereby, and is not entitled by virtue of his office of justice to be a member of any other of the said boards.
The board for all the purposes of the Principal Act, Act '62, s. 43 except that of levying highway rates, is deemed to be Board the successor in office of the surveyor of every parish parish within the district.
The 46th section of the Highway Act, 1835, does Act '64, s. 20. not apply to the highway board or to any parish affected by within any highway district.
s. 46 of Principal Act.
and Sched 1.
The proceedings of the board are subject to the following regulations:(1.) The board shall meet for the despatch of Id. s. 27, business, and shall from time to time make Proceedings such regulations with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business, including the quorum at meetings of the board, as they think fit, subject to the following conditions:
(a.) The first meeting after the formation of the
district shall be held at the time and place fixed
period of four months, and of such meetings
Aet '64, s. 27 and sched. 1.
(c.) An extraordinary meeting may be summoned at 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 meeting shall be recorded.
(2.) The board shall at the first meeting, and after-
(3.) If any casual vacancy occur in the office of chair-
(4.) If at any meeting the chairman is not present
and sched 1.
(5.) In case of an equality of votes at any meeting Act '64, 8. 27. the chairman for the time being of such meeting 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 service is provided by the highway board in pursuance 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 of such party.
Id. s. 26. notices, &c.,
by highway board.
In proving service of a document by post it shall be Proof of 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.
Act '62, s. 10.
more to be elected annually for
Election to be at the meeting, &c., at which surveyor would have been chosen.
Provisional order to provide for election in places where no surveyor previously elected.
to act until successor appointed.
Act,'78, s. 11. Duration of office.
Act '64, s. 19.
The following regulations shall be observed with respect 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 successor is appointed, and shall be re-eligible.
Notwithstanding anything in the Highway Acts, waywardens continue in office 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 his having been duly elected or appointed a waywarden