has only one vote.

c61, s.



and such certificate, in the case of an elected waywarden, Act°64, s. 19. must be signed by the chairman of the vestry or other by chairman

of . meeting at which he was elected; and in the case of a waywarden appointed by justices, must be signed by the justices making the appointment.

A waywarden may sit as such for more places nearrsit for than one, but he shall be entitled to one vote only as places, but waywarden.

No waywarden can directly or indirectly, in his own 26.& 27 Vict. name or in the name of any other person or persons, Waywardens contract for the repair of any road, or for any other concerned in work to be executed under the provisions of the High- within their way Act, 1862, within the parish for which he is wat diselected waywarden, or within any other parish in the same district, under the pain of forfeiting £10, with full costs of suit, to any person or persons who shall sue for the same by action for debt in any county court within the jurisdiction of which the parish in which the roads to be repaired or the other work so contracted for, is situate.

It is unlawful for any highway board to pay knowingly for any repair or work so contracted for; pay for and any money paid by any board under any such work so contract is recoverable by them with full costs from the person or persons to whom it has been paid, by may action of debt in any of Her Majesty's Courts of back money

so Record at Westminster, if it amounts to above £50, or in any county court, as aforesaid, if below that amount; and the balance so recovered, after paying all expenses, is to be placed to the credit of the district fund.

This Act is to be construed with and held to be part of the Highway Act, 1862.

Id. s. 2. во not to

repair or

contracted for; and


Id, s, 3.

may contract for supply or

with license of two

Act'64, s. 20. Notwithstanding anything contained in 26 & 27 Vict. Waywardens c. 61, or in any other Act, any waywarden may con

tract for the supply or cartage of materials within the

parish for which he is waywarden, with the license materials,

of two justices assembled at petty sessions, such license

to be granted on the application of the clerk of the justices.

highway board, who must be authorized to make such application by a resolution of his board assembled, at a meeting of which notice has been given.

The power of appointing paid collectors of highway paid

rates with the consent of the inhabitants in vestry highway

assembled, which is vested in a surveyor by the High

way Act, 1835, and all the provisions of that Act relating ratepayers. to such appointment, are vested in and extend to any

waywarden required to levy rates in pursuance of the Highway Act, 1862, and the Highway Act, 1864, or either of them; and for the purposes of the Highway Act, 1864, any meeting of ratepayers entitled to elect a waywarden or waywardens is deemed to be included under the expression "inhabitants in vestry assembled," as used in this section, and the Highway Acts.

Id.g. 31. May appoint

collectors of

rates with consent of

surveyor of

ensue:in the district vests in board.

CONSEQUENCES OF FORMATION. Act,'62, s. 11. At and after the first meeting in any district of the belonging to board of such district the following consequences any parish

All such property, real and personal, including all in

terests, easements, and rights in, to, and out of property, real and personal, and including things in action, as belong to or are vested in, or would but for the Highway Act, 1862, have belonged to or been vested in, any surveyor or surveyors


any parish forming part of the district, pass to and

may be


&c. (except

rates) attaching to

in board

vest in the highway board of that district for all Act, '62, s. 11.
the estate and interest of such surveyor or sur-
veyors as aforesaid, but subject to all debts and

liabilities affecting the same:
All debts and liabilities incurred in respect of any Debts,

property transferred to the highway board may enforced be enforced against the board to the extent of the

property transferred : All such powers, rights, duties, liabilities, capacities, All powers, and incapacities (except the power of making, assess that of

making, &c. ing, and levying highway rates) as are vested in or attached to, or would but for the Highway purish sura Act, 1862, have become vested in or attached to, veyors: vest any surveyor or surveyors of any parish forming part of the district, vest in and attach to the

highway board : All property by the Highway Act, 1862, transferred all property

to the board will be held by them upon trust for to board to the several parishes or places maintaining their trust for own highways within their district to which such which it property belongs, or for the benefit of which it belongs &c. was held previously to the formation of the dis

trict. On the formation of a district the following regula- Act ’62, s. 43. tions are enacted with respect to the surveyors and the highway board :1. No surveyor shall be appointed under the Prin- appointed

cipal Act for any parish within such district: 2. The outgoing surveyor of every parish within the outgoing

district shall continue in office until seven days surveyor to after the appointment of the district surveyor office until by the board of the district of such outgoing

seven days surveyor, and no longer; and he may recover pointment of any highway rate made and then remaining veyor. unpaid, in the same manner as if the High


be held upon

No surveyor

to be

parish in the district.


continue in

unpaid rates.

after ap

May recover

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 as such 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.

Act '62, s. 42.

c61 to be construed as one Act.

[ocr errors]

Sect. 9 of
Act, as to
aid sur-


The following regulations are to be observed with Act and 25 & respect to the construction of the Principal Act and

the Highway Act, 1862:-
1. The Highway Act, 1862, so far as is consistent

with its provisions, is to be construed as one with

the Principal Act: 2. The 9th section of the Principal Act, whereby it

is enacted that a surveyor may be appointed by the inhabitants of a parish with a salary, is not to apply to any parish within any district formed

under the Highway Act, 1862: 3. The 10th section of the Principal Act, whereby it

is enacted that the surveyor or surveyors at the time of passing his or their accounts as therein mentioned shall deliver to the justices a statement

veyor, not


to apply.

Sect. 10 of Principal Act, as to outgoing surveyor delivering name, &c., of

formation of


surveyor for

duty not to

in writing of the name and residence of the Act 262, 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


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 as to parishes into districts, and the 18th and 19th parishes into sections of the Principal Act, providing for the &c., not to

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

Act on 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,
served upon the board, may be served by the board.
same being left at or transmitted through the
post in a pre-paid letter directed to the office of
the board or being given personally to the district

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

carriage 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.

accounts not

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