ceived by any such officer remains in his hands, the Act '62, s. 31. 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; fuses, &c., &c., may in cerning such default and And if any officer refuses or wilfully neglects to If officer rerender and give such account, or to deliver up such any justice, vouchers, or for the space of fourteen days after being quire conthereunto required by the board, refuses or wilfully neglects to give up to them or to such person or persons as they appoint all books, papers, writings, distress. tools, and things in his hands, custody, or power relating to the execution of his office, it shall be lawful for cause unpaid money toba levied by cient distress, or if officer has refused, &c., to ac count or de And if sufficient distress cannot be found, or if it If no suffiappears 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 justice him until he account, &c., money re delivers up books, &c. Act '62, s. 31. perfect account and verifies the same in manner aforehis hands, or said, and produces and delivers up the vouchers relating 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; No officer can be detained in prison more than six months. Act '78, s. 4. Application tary authority of district co 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. RURAL SANITARY AUTHORITY. 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 authority of such district may apply to the county authority, stating that they are desirous to exercise the powers of a highway board under the Highway Acts highway district to exercise powers of highway board. County authority that rural sanitary authority powers of highway board. within their district. On such application the county authority may, if may declare 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 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 surveyorsshall not hold office or be elected for any parish in the district. An order made under this section may be amended, Act '78. s. 4. altered, or rescinded by a subsequent order of the Order may county authority. be amended, &c. situate in one county. Where a highway district, being coincident in area Districts with a rural sanitary district, is situate in more than more than one county, an order under this section may be made by the county authority of any county in which any part of such district is situate, but such order, and any order amending, altering, or rescinding the same, shall not be of any force or effect until it has been approved by the county authority or authorities of the other county or counties in which any part of such district is situate. CONSEQUENCES OF RURAL SANITARY AUTHORITY All property highway vests in authority, subject to debts, &c. All such property, real or personal, including all Id. s. 5. interests, easements, and rights in to and out of belonging to property, real and personal, and including things board, &c., in action, as belongs to or is vested in, or would rural but for such order have belonged to or been vested sanitary in the highway board or any surveyor or surveyors of any parish forming part of the district, passes to and vests in the rural sanitary authority for all the estate and interest of the highway board, or of such surveyor or surveyors, but subject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of any Debts, &c., property transferred to the rural sanitary authority enforced may be enforced against that authority to the sanitary extent of the property transferred: may be against rural authority. Act '78, s. 5. All powers, (except ob- All property transferred, to be held on trust for parishes for which it was previously held. On alteration of powers of All such powers, rights, duties, liabilities, capacities, and incapacities (except the power of obtaining payment of their expenses by the issue of precepts in manner provided by the Highway Acts, or the power of making, assessing, and levying highway rates) as are vested in or attached to or would but for such order have become vested in or attached to the highway board, or any surveyor or surveyors of any parish forming part of the district, vest in and attach to the rural sanitary authority: All property by the Highways and Locomotives (Amendment) Act, 1878, transferred to the rural sanitary authority will be held by them on trust for the several parishes for the benefit of which it was held previously to such transfer. (2.) If at any time after a rural sanitary authority boundaries, has become invested with the powers of a highway board in pursuance of this Act, the boundaries of the district of such authority are altered, the powers and rural sanitary authority to be exer altered district. Local cised within jurisdiction of such authority in their capacity of highway board shall be exercised within such altered district; and on the application of any authority or interested the Local Government Board may by Government person Board may order provide for the adjustment of any accounts, or adjustment the settlement of any doubt or difference so far as relates to highways consequent on the alteration of differences. the boundaries of such rural sanitary district. provide for of accounts or settlement of Expenses to be deemed expenses (3.) All expenses incurred by a rural sanitary general authority in the performance of their duties as a under Public highway board shall be deemed to be general expenses Health Act, of such authority within the meaning of the Public Health Act, 1875. 1875. MAINTENANCE AND REPAIR OF DUTIES AND POWERS OF HIGHWAY BOard. maintain The highway board shall maintain in good repair Act '62, s. 17. the highways within their district, and shall, subject Board to to the provisions of the Highway Act, 1862, as highways respects the highways in each parish within their district, perform the same duties, have the same powers, and be liable to the same legal proceedings as the surveyor of such parish would have performed, had, and been liable to if this Act had not passed. expenses to to board by district surveyor, and copy given It shall be the duty of the district surveyor to Estimate of submit to the board at their first meeting in every be submitted year an estimate of the expenses likely to be incurred during the ensuing year for maintaining and keeping in repair the highways in each parish within the dis- to waywar trict of the board, and to deliver a copy of such esti- parish. mate as approved or modified by the board so far as the same relates to each parish to the waywarden of such parish. den of each Id. s. 18. Where roads repair jus summons to waywarden. Where complaint is made to any justice of the peace that any highway within the jurisdiction of the are out of highway board is out of repair, the justice shall issue tice to issue two summonses, the one addressed to the highway board and board and the other to the waywarden of the parish liable to the repair of such highway, requiring such board and waywarden to appear before the justices at some petty sessions, in the summons mentioned, to be held in the division where such highway is situate; require board And at such petty sessions, unless the board under- Sessions to take to repair the road to the satisfaction of the to appear at justices, or unless the waywarden deny the liability of sessions, and subsequent |