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,
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 to, 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,
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
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 forni 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 make
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 petty 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 tenure, 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 tenura-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 tenure 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.
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