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Act '62, s. 43. Application of moneys recovered.

Board deemed

successor in office of

parish surveyor.

Act '62, s. 42.
Principal

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 his account shall be found to be due to him
as such
after the collection and expen-
surveyor
diture 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 sur-
veyor of every parish within the district.

APPLICATION OF PRINCIPAL ACT.

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

26 Vict. c. 61

to be con- the Highway Act, 1862:

strued as one Act.

Sect. 9 of Principal Act, as to aid surveyor, not to apply.

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

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

not to apply.

in writing of the name and residence of the Act '62, s. 42.
person or persons appointed to succeed him or successor
them as a surveyor or surveyors, is not to apply
to any parish within any district formed under
the Highway Act, 1862:

of Principal

formation of

4. The 13th, 14th, 15th, 16th, and 17th sections of Provisions 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 appointment of a board in large parishes, is not apply. to apply to any parish within any district. formed under the Highway Act, 1862:

surveyor for

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:

duty not to

&c., on

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:

Principal

ratepayers

7. The 35th section of the Principal Act, whereby Sect.35 of it is provided that the ratepayers of any parish Act, as to may divide amongst themselves the carriage dividing of materials in manner therein mentioned, is not to apply to any parish within any district not to apply. formed under the Highway Act, 1862.

carriage of materials

Principal

surveyor's

8. The 39th, 40th, 43rd, 44th, and 45th sections Provisions of of the Principal Act, relating to the accounts Act as to of surveyors, are not to apply to the highway board of any district formed under the Highway Act, 1862.

accounts not

to apply.

Act '62, s. 12. Board to appoint trea

district surveyor, and

assistant surveyor.

APPOINTMENT AND DUTIES OF OFFICERS.

The highway board of a district shall, at their first surer, clerk, meeting or at some adjournment thereof, by writing under their seal appoint a treasurer, clerk, and district surveyor; they may also at any meeting, if they think fit, appoint an assistant surveyor; they may from time to time remove any of such officers, and appoint others in the room of such as may be so removed, or as may die or resign; they may also, out of any moneys in their hands, pay such salaries as they think reasonable to the clerk and district and assistant surveyor, and to the treasurer, if they think necessary: Treasurer provided that before the treasurer enter upon his rity for due office the board shall take sufficient security from him performance for the due performance of the duties of his office;

to give secu

Act 64, s. 30.
Appoint-

but no appointment, except the first, to any of the offices specified in this section, shall be made unless notice in writing has been sent to every member of the board.

The appointment of any officer of a highway board ments of offi- may be made by a minute of the board, signed by the

cers may be

board signed

by minute of chairman and countersigned by the clerk of the board, by chairman. any appointment so made shall be as valid as if it were made under the seal of the board.

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and

If the highway board of a district make default in appointing a treasurer, clerk, and district surveyor, or any of such officers, in pursuance of the Highway Act, 1862, within three months after the day fixed by the justices for the holding of the first meeting of the board, or within three months after a vacancy occurring in any of the said offices, the justices in general or quarter sessions assembled may, if they think fit, appoint a person to any of the said offices in re

spect of which the default has been made, and may fix Act’64, s. 45. the salary to be paid to the officer appointed; and any such appointment shall take effect and salary be recoverable in the same manner as if the officer appointed by the justices had been appointed by the highway board of the district; and it shall not be lawful for such board, without the consent of the said justices, to remove any officer appointed by them under this section, or to lessen his salary within one year from the date of his appointment.

Two offices not to be held by the

Not more than one office of treasurer, clerk, and Act '62.8.1 district or assistant surveyor of the same highway board shall be held by the same person, or by persons same person in partnership with each other, or by persons in the relation of employer and clerk, agent, or servant, one of the other, or of the partner of either of them; and if any person accepts or holds the office of treasurer, clerk, or district or assistant surveyor, contrary to this provision, he shall be liable to a penalty not exceeding £50.

Id. s. 14. Duties of

The treasurer of each highway board shall receive and hold to the account of such board, all moneys paid treasurer. to or for the use of such board, and shall make payments thereout under orders of such board, and shall once in every three months, on or at such days or times as the board may direct, or oftener if required by the board, make up an account of all moneys received and paid by him, and deliver the same to the clerk of the board.

Duties of

The clerk of every highway board shall in person, Id. s.15. or by such deputy as may be allowed by such board, clerk. attend all meetings of the board, and shall conduct the correspondence thereof, and enter and keep in books to be provided for the purpose, notes, minutes, or

Act '62,8. 10. copies, as the case may require, of the meetings, acts,

Id. s. 16. Duties of

veyor.

orders, resolutions, proceedings and correspondence of such board, and shall keep all books, papers, and documents committed to his charge, and shall perform all such other duties as the board may direct.

The district surveyor shall act as the agent of the district sur- board in carrying into effect all the works and performing all the duties by this Act required to be carried into effect or to be performed by the board, and he shall in all respects conform to the orders of the board in the execution of his duties, and the assistant surveyor, if any, shall perform such duties as the board may require, under the direction of the district

Act '78. s. 6. Boards may combine to appoint a district sur

veyor.

Act '62, s. 37. Surveyor of highway board ex

turnpike

surveyor.

Any two or more highway boards may unite in appointing and paying the salary of a district surveyor who shall in relation to the district of each of the boards by whom he is appointed have all the powers and duties of a district surveyor under the Highway Acts.

No toll shall be demanded by virtue of any Act of Parliament on any turnpike road from the surveyor of empted from a highway board when executing or proceeding to execute his duties as such surveyor, and all provisions applicable to the exemptions in the Act of 3 Geo. 4, c. 126, shall apply to the case of the exemptions conferred by this enactment.

tolls

Id. s.31. Officers to account to board when

All officers appointed by the highway board shall, as often as required by them, render to them or to such required, and persons as they appoint a true, exact, and perfect account in writing under their respective hands, with the proper vouchers, of all moneys which they may respectively to the time of rendering such accounts have received and disbursed on account or by reason f their respective offices, and in case any money so re

pay o ver money remaining in their hands.

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