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Act'62, s. 43.
Application of moneys recovered.
way Act, 1862, had not been passed, and the money so recovered shall be applied, in the first place, in re-imbursing any expenses incurred by him as such surveyor and in discharging any debts legally owing by him on account of the highways within his jurisdiction, and the surplus (if any) shall be paid by him to the treasurer of the board; and he shall be entitled to receive from the board any sum which on the allowance of bis account shall be found to be due to him surveyor
after the collection and expenditure of the whole of the highway rate made
in such parish during the last year: 3. The board, for all the purposes of the Principal
Act, except that of levying highway rates, is deemed to be the successor in office of the surveyor of every parish within the district.
Board deemed successor in office of parish surveyor.
26 Vict. c. 61 to be construed as one Act.
Sect. 9 of
APPLICATION OF PRINCIPAL Act.
the Highway Act, 1862:-
with its provisions, is to be construed as one with
the Principal Act:
2. The 9th section of the Principal Act, whereby it Principal
is enacted that a surveyor may be appointed by
the inhabitants of a parish with a salary, is not to apply.
to apply to any parish within any district formed
under the Highway Act, 1862:
3. The 10th section of the Principal Act, whereby it Principal Act, as to
is enacted that the surveyor or surveyors at the outgoing
time of passing his or their accounts as therein delivering
mentioned shall deliver to the justices a statement name, &c., of
Act, as to
aid surveyor, not
Sect. 10 of
duty not to
in writing of the name and residence of the Act ’62, s. 42. person or persons appointed to succeed him or successor
not to apply. them as a surveyor or surveyors, is not to apply to any parish within any district formed under
the Highway Act, 1862: 4. The 13th, 14th, 15th, 16th, and 17th sections of Provisions
of Principal the Principal Act, providing for the formation of Act su to parishes into districts, and the 18th and 19th parishes into
, , sections of the Principal Act, providing for the districts &c., appointment of a board in large parishes, is not apply. to apply to any parish within any district
formed under the Highway Act, 1862: 5. The penalty imposed by sect. 20 of the Principal Penalty on
surveyor for the
surveyor for neglect of duty is not to neglect of apply to a highway board constituted under the apply.
Highway Act, 1862: 6. Any summons or notice, or any writ or any Service of
proceeding, at law or in equity, requiring to be summons,
surveyor or clerk of the board: 7. The 35th section of the Principal Act, whereby Sect.35 of it is provided that the ratepayers of any parish Act, as to
Principal may divide amongst themselves the carriage dividing of materials in manner therein mentioned, is marriages of not to apply to any parish within any district not to apply.
formed under the Highway Act, 1862. 8. The 39th, 40th, 43rd, 44th, and 45th sections Provisions of
Principal of the Principal Act, relating to the accounts Act as to
surveyor's of surveyors, are not to apply to the highway
to apply. board of any district formed under the Highway Act, 1862.
Aet '64, s. 27 and sched, 1.
(c.) An extraordinary meeting may be summoned
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 meet
ing shall be recorded. (2.) The board shall at the first meeting, and after
wards from time to time at their first meeting after each annual appointment of mernbers of the board as hereafter mentioned, appoint one of their members to be chairman and one other of their members to be a vice-chairman
for the year following such choice : (3.) If any casual vacancy occur in the office of chair
man or vice-chairman, the board shall, as soon as they conveniently can after the occurrence of such vacancy, choose some member of their number to fill such vacancy; every
such chairman or vice-chairman so elected as last aforesaid shall continue in office so long only as the person in whose place he may be so elected would have been entitled to continue
if such vacancy had not happened: (4.) If at any meeting the chairman is not present
at the time appointed for holding the same, the vice-chairman shall be the chairman of the meeting; and if neither the chairman nor vicechairman shall be present, then the members present shall choose some one of their number to be a chairman of such meeting :
and sched i.
(5.) In case of an equality of votes at any meeting Act '64, s. 27.
the chairman for the time being of such meet
ing shall have a second or casting vote :
and all precepts issued by the board, shall be
until the contrary is proved. Any notice in respect of which no other mode of Id. s. 26. service is provided by the highway board in pursuance notices, &c, 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.
In proving service of a document by post it shall be Proof of
service by 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.
Regulations as to elections.
Election to be at the meeting, &c., at which surveyor would have been chosen.
Act’62, s. 10.
WAYWARDENS. The following regulations shall be observed with l'espect 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 suc
cessor is appointed, and shall be re-eligible. Notwithstanding anything in the Highway Acts, waywardens continue in vifice 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 kis having been duly elected or appointed a waywarden
Act '64, s. 19.