Act '62, s. 12.

Board to appoint trea

veyor, and

assistant surveyor.

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Treasurer to give security for due

of office.


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 : provided that before the treasurer enter upon his

office the board shall take sufficient security from him performance

for the due performance of the duties of his office; 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

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

If the highway board of a district make default in

appointing a treasurer, clerk, and district surveyor, or pointing any of such officers, in pursuance of the Highway

, within three Act, 1862, within three months after the day fixed justices in by the justices for the holding of the first meeting quarter ses- 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

Act 64, s. 30.

cers may be by minute of board signed by chairman.

Id. s. 45. In case of default of board in ap



Two offices not to be held by the

spect of which the default has been made, and may fix A ct'84, 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.

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 persors 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.

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.

The clerk of every highway board shall in person, 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


[d.s. It. Duties of

Id, s. 15. Duties of

Id, s. 16. Duties of


Act '78, s.6.

appoint a

Act'82,6. 10. copies, as the case may require, of the meetings, acts,

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


direct. The district surveyor shall act as the agent of the district sur- board in carrying into effect all the works and per

forming 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 surveyor.

Any two or more highway boards may unite in ap. combine to pointing and paying the salary of a district surveyor district sur- 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. Act'62, s. 37. No toll shall be demanded by virtue of any Act of Surveyor of highway

Parliament on any turnpike road from the surveyor of empted from a highway board when executing or proceeding to turnpike 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.

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 ac

count in writing under their respective hands, with the maining in proper vouchers, of all moneys which they may respec

tively 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



Id. 8.31. Officers to account to

pay o ver money re

their hands.

cerning such


ceived by any such officer remains in his hands, the Act '62,5. 8I. same shall be paid to the board, or to such person or persons as they in writing under their hands empower to receive the same; And if any officer refuses or wilfully neglects to If officer re

., render and give such account, or to deliver up


any justice,

&c., may invouchers, or for the space of fourteen days after being quire conthereunto required by the board, refuses or wilfully default and neglects to give up to them or to such person or money tobs

levied by persons as they appoint all books, papers, writings, tools, and things in his hands, custody, or power relating to the execution of his office, it shall be lawful for any justice of the peace for the county where the officer so making default is or resides, upon application made to him for that purpose by or on behalf of the board, to make inquiry of and concerning any such default as aforesaid in a summary way, as well by the confession of the party as by the testimony of any credible witness or witnesses upon oath, and by warrant under his band and seal to cause such money as may appear to him to be due and unpaid to be levied by distress and sale of the goods and chattles of such officer, rendering to him the overplus (if any), on demand, after payment of the money remaining due and deducting the charges and expenses of making such distress and sale; And if sufficient distress cannot be found, or if it if no suff

cient distrers, appears to any such justice in manner aforesaid that any such officer has refused or wilfully neglected to give such account, or to deliver up all books, papers, liver up writings, tools, matters, and things in his custody or books, &c., power relating to the execution of his office, the justice will commit shall commit him to the house of correction or common gives true gaol of the county where such offender is or resides, and pays the there to remain without bail until he gives a true and maining in

or if officer has refused, &c., to account or de


him until he

account, &c., board.

Act 262, s. 31. perfect account and verifies the same in manner afore-his hands, or said, and produces and delivers up the vouchers relating books, &c. thereto, and pays the money (if any) remaining in his

hands as aforesaid according to the direction of the
board, or has compounded with the board for such
money and paid such composition (which composition
the board are hereby empowered to make and receive),
or until he delivers up such books, papers, and writings,
tools, matters, and things as aforesaid, or has given
satisfaction to the board concerning the same;
But no officer who

may be committed on account of his not having sufficient goods and chattles as aforesaid shall be detained in prison by virtue of this Act for any longer time than six calendar months.

No officer can be detained in prison more than eix months.


Act '78, s. 4. Application

tary authority of

district co

district to exercise powers of



Where a highway district, whether formed before or of rural sani- after the passing of the Highways and Locomotives

(Amendment) Act, 1878, is or becomes coincident in incident with area with a rural sanitary district, the rural sanitary highway

authority of such district may apply to the county

authority, stating that they are desirous to exercise the highway powers of a highway board under the Highway Acts

within their district.

On such application the county authority may, if authority may deciare they see fit, by order declare that from and after a day to

be named in the order (in this Act called the commenceshall exercise ment of the order) such rural sanitary authority shall highway exercise all the powers of a highway board under the

Highway Acts; and as from the commencement of the order the existing highway board (if any) for the district shall be dissolved, and waywardens or surveyors shall not hold office or be elected for any parish in the district.

sanitary authority

powers of

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