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Poor-law parish-continued.

parish, 15, 87; waywarden to be elected for whole
parish, 15, 87; may be declared to be highway parish,

16, 124.
Post, proof of service by, 25, 138.
Powers of highway board, no member to be tried, &c., for exer-

cising, 22, 90.
Presumption, of authority to sign order of board for payment of.

money, 25, 163.
Principal Act, definition, 1, 82 ; to be construed with Act 1862, 1,

115 ; provisions to apply to highways, included in dis-
solved district, or subtracted from district, 18, 113;.
application of, 30, 115 ; construction of, and Highway
Act, 1862, 30, 115 ; what sections not to apply to parishes
in highway district, or to highway board, 30, 31, 115,
116; provisions as to widening, diverting, and stopping
up, applicable to highways under local or personal Acts,
76, 118 ; sect. 74 repealed, and other provisions made as

to cattle found straying, &c., on highways, 77, 136.
Private carriage road may be declared to be a public highway

repairable at expense of parish, 59, 111.
Proceedings, of highway board, not vitiated by defect in qualifi-

cation or election of members, 21, 89; minute of, signed
by chairman, evidence, 21, 89; regulations as to, 23, 24,

25, 161, 162, 163.
Process, member's lands, &c., not liable to, for lawful act in execu-

tion of powers of board, 22, 20.
Proposal to form highway district, 8, 82; to constitute part of

county, 9, 124.
Provisional order, definition, 4, 131 ; dividing county into high-

way districts, 8, 82; must be confirmed by final order, 9,
183 ; court for confirmation, 9, 84; may be quashed,
confirmed, or respited, 10, 84; what variations maké
order provisional, 10, 84; if respited, clerk of peace to
give notice, 10, 84 ; to state parishes to be united, name
of district, &c., 11, 85; 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;.
may combine townships, &c., 15, 87; waywarden to be
elected for whole parish, 15, 87'; when to be approved
by justices of another county, 18, 113; to make provi-
sion for election of waywarden where no surveyor pre-

viously elected, 26, 92.
Provisional order, by Local Government Board, that disturnpiked

road ought not to become main road, 46, 185 ; that main
road has become an ordinary highway, 46, 185 ; subject

Provisional order—continued.

to confirmation, 46, 185 ; expenses to be defrayed by

county authority, 47, 185.
Provisional and final order, definition, 4, 131 ; jurisdiction of jus-

tices as to union of parishes in different counties, 11,
129; may declare that poor-law parish shall become
highway parish, 16, 124; must provide for election of
waywardens when no previous election of surveyors, &c.,
has taken place, 16, 125 ; alteration of districts, &c.,

must be made by, 17, 112.
Public Health Act, 1848, district under, not to be included in

highway district, 14, 86.

Qualification, defect in, not to vitiate proceedings of highway

board, 21, 89.
Quarter sessions, definition, 6, 211, 213; may make provisional

order dividing county into districts, 8, 83; and confirm
it by final order, 9, 83; appointment of court for con-
firmation, 9, 84; notice by clerk of the peace, 10, 84 ;
court may quash, confirm, or respite, 10, 84; notice of
respite by clerk of the peace, 10, 84 ; order for holding
board after failure to meet on appointed day, 13, 114;
order removable into Queen's Bench, 13, 114; may
appoint officers and fix salary in default of appointment
by board within three months, 32, 153; may direct that
liability to repair unnecessary highway shall revive, 50,
52, 134, 194 ; approval of borrowing money for improve-
ments, 53, 154.

Rateable value of property to be ascertained by valuation list ;

if none, as peity sessions may determine, 62, 141 ;

appeal against determination of petty sessions, 63, 141.
Ratepayer, may appeal in respect of order for repair of highways,

&c., 68, 148; or of items of expense and expenditure,

&c., 68, 148. See Appeal.
Ratione tenuræ, highway repairable, and adjudged to be out of

repair, board may direct surveyor to repair, 56, 107;
expenses to be paid by party liable to repair, 56, 108;
summons for, 57, 108 ; justices may determine the
matter and make order as to costs, 57, 108 ; party liable
to repair may apply to have highway repaired by parish,
57, 109; waywarden, district surveyor, and party to be
summoned, 57, 109 ; justices may order highway to be
maintained by parish and fix sum to be paid by party
in discharge of future claims, 57, 109; recoverable like

Ratione tenurce-continued.

a penalty, 57, 109; sums exceeding £50 to be invested
and interest applied towards maintenance of highways,
58, 109; smaller sums to be applied in like manner, 58,
110; appeal to quarter sessions upon written notice
within fourteen days, and recognizance seven days
before sessions, 58, 110; after order, &c., highway
repairable by parish, 58, 110; board may apply to make
highway repairable ratione tenuræ repairable by parish,

59, 136.
Receipt and expenditure, statement of, to be sent to members of

board and overseers, 68, 147 ; clerk to furnish copy to

ratepayers and owners, 68, 147.
Regulations, as to orders for forming districts, 9, 84 ; on making

provisional order, subsequent court to be appointed for
confirmation, 9, 84 ; clerk of peace to send notice with
notice of holding sessions, 10, 84 ; justices may quash or
confirm order, or respite to subsequent sessions, 10, 84 ;
provisional order to state parishes to be united, &c., 10,
85; construction of order including more than one dis-
trict, 11, 122 ; jurisdiction of justices as to union of
parishes in different counties, 11, 129; first meeting of
board to be held at time appointed by order, 11, 126 ;
day appointed for first meeting deemed day of formation
of district, 12, 126 ; justices may appoint day for first

election of waywardens, 12, 127.
as to proceedings of highway board, 23, 24, 25, 161, 162, 163.

as to working locomotives, 221, 241,
Removal of parish from district, costs of application, 19, 130.
Repair, of highways, 39-59, 97, 98, 101. See Highways.
Restriction of use of locomotives over bridges, 218, 234.
Rules for working locomotives, 221, 241 ; penalty on non-com-

pliance, 223, 241.
Rural sanitary authority, definition, 5, 210; application to exer-

cise powers of highway board, 36, 167 ; county autho-
rity may declare that it shall exercise such powers, 36,

167 ; consequences, 37, 38, 169, 170.
Rural sanitary district, definition, 5, 210; highway districts to be

made coincident with, 9, 166.

Seal, highway board to have common, 21, 89.
Separation of townships, &c.,consolidated by previous order, 19, 130.
Service, of notices, &c., by board, 25, 138; by post, proof of, 25,

138 ; on 'overseers or waywardens, 25, 138; of notices,
summonses, &c., on board, 31, 116.

Short titles, of Highway Acts, 2, 121, 165 ; of 41 & 42 Vict..

c. 77, 2, 165 ; of Locomotive Acts, 212, 239, 244.
Smoke, locomotives to be constructed so as to consume, 203, 221.
South Wales, 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.
Special sessions, appeal to, 68, 147; grounds of appeal, incorrect-

ness in valuation, inclusion or omission of persons,

inequality or unfairness, 68, 147.
Speed, limit of, for locomotives, 223, 242; penalty for offence,

223, 242.
Statement of receipt and expenditure, &c., to be sent to members

of board and overseers, 67, 147 ; clerk to furnish copy

to ratepayers and owners, 68, 147.
Steam engines, restrictions as to, within twenty-five yards of

road not to apply to locomotives for ploughing purposes,

provided, &c., 234, 242.
Subtraction of parishes from highway district, 17, 112 ; highways

to be maintained, &c., as if never included in district,

18, 113.
Succession, perpetual, highway board body corporate with, 21,

89.
Summary Jurisdiction Act, definition, 3, 207, 214.

court of, definition, 4, 207, 214.
Summons, service of, by board, 25, 138; service of, on board, 31,

116.
Surveyor, parish, continuance in office, 12, 126 ; highway boardy.

successor in office, 23, 117; election or appointment in
parishes not maintaining highways, 79, 196.

Tolls to be taken for locomotives, 215, 230; exemptions of wag-

gons, &c, continued, 216, 237.
Townships, &c., may be combined in provisional order, 15, 87;.

part may be combined with parisb in which it is situate,

15, 124; separation after consolidation, 19, 130.
Traffic, extraordinary, road authority may recover expenses of,

49, 190 ; agreement for payment of composition, 49,

191.
Treasurer to be appointed by board, 32, 94; with salary, if

thought necessary, 32, 95; to give security before

entering on office, 32, 95 ; duties, 33, 96.
Turnpike Acts to apply to locomotives, and waggons, &c., drawn

by them, 224, 238.
Turnpike road in several counties, how to be treated for purposes.

of 41 & 42 Vict. c. 77, 47, 186, 214.

Union of highway districts, 17, 112.
Union of parishes in different counties, justices' jurisdiction, 11,

129.
Unnecessary highways, discontinuance of, 50-53, 133, 192.
board may direct surveyor to apply to justices to view, 50,

133 ; like proceedings to be had as for stopping up
highway, 50, 133 ; order to direct that highway shall
cease to be one which parish is liable to repair, 50, 134 ;
revival of liability of parish to repair, 50, 134 ; expenses

of application to be paid as court see fit, 50, 134.
any authority liable to keep highway in repair may apply to

court of summary jurisdiction to view, 51, 192 ; court,
by notices, to appoint time and place at which it will hear
objections to highway being declared 'unnecessary, 51,
192 ; court to hear objections and make order dismissing
application, or declaring highway unnecessary, 51, 193;
if latter order made, expense of repairing to cease to be
defrayed out of public rate, 51, 193; public notice of
hearing to be given by applicant by advertisement, &c.,
51, 193; application not to be entertained until after
proof of public notice having been given, 52, 193 ; re-
vival of liability to maintain at public expense, 52, 194;
expenses of application to be paid as court see fit, 52,
194 ; appeal against order of court of summary jurisdic-

tion, 53, 194.
Urban sanitary authority, definition, 5, 210.
Urban sanitary district, definition, 5, 210; is a highway area, 44,

183.

Vacancy, no act of highway board to be questioned on account of,

21, 89.
Validity of order of formation not to be questioned after three

months from date of final order, 19, 20, 88, 128.
Valuation list, rateable value of property to be ascertained by,

62, 141.
Variations in provisional order, 10, 84 ; what make order pro-

visional, 10, 84 ; in order comprising several districts,
11, 122.

Waggons, &c., bye-laws prohibiting or regulating use of, 59, 197 ;

or the locking of wheels, 60, 198; drawn by locomotive,

exemption from toll, 216, 237.
Waywardens, number to be stated in provisional order, 11, 85 ;

justices by final order may appoint day for first election,

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