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be amended, &c.
An order made under this section may be amended, Act '78. 6. 4. altered, or rescinded by a subsequent order of the Order may county authority.
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.
Id. s, 5. All property
vests in rural
CONSEQUENCES OF RURAL SANITARY AUTHORITY
"EXERCISING POWERS OF HIGHWAY BOARD.
(1.) From and after the commencement of the order
interests, easements, and rights in to and out of belonging to
ject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of
any property transferred to the rural sanitary authority enforced may be enforced against that authority to the sanitary extent of the property transferred ;
expenses, or making, &c.,
rates) vest in rural sanitary
transferred, to be held on trust for
which it was
Act '78, s. 5. All such powers, rights, duties, liabilities, capacities,
and incapacities (except the power of obtaining &c., of high
payment of their expenses by the issue of precepts (except ob
in manner provided by the Highway Acts, or the payment of
power of making, assessing, and levying highway 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 surauthority.
veyors of any parish forming part of the district,
vest in and attach to the rural sanitary authority: All property All property by the Highways and Locomotives
(Amendment) Act, 1878, transferred to the rural parishes for sanitary authority will be held by them on trust previously
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 authority district of such authority are altered, the powers and 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 Government person interested the Local Government Board may by Board may order provide for the adjustment of any accounts, or provide for 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.
(3.) All expenses incurred by a rural sanitary
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.
On alteration of
of accounts or settlement of
Expenses to be deemed general
MAINTENANCE AND REPAIR OF
DUTIES AND POWERS OF HIGHWAY BOARD.
to board by district sur
den of each
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.
It shall be the duty of the district surveyor tó 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 veyor, and in repair the highways in each parish within the dis- to war war, 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.
Where complaint is made to any justice of the peace that any highway within the jurisdiction of the are out of
repair jushighway 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;
And at such petty sessions, unless the board under- Sessions to take to repair the road to the satisfaction of the to app-ar at justices, or unless the waywarden deny the liability of subsequent
Id. s. 18. Where roads
require board veyor, &c.
shall make order.
Act '62, s. 18. the parish to repair, the justices shall direct the board appoint per- to appear at some subsequent petty sessions to be then
named, and shall either appoint some competent person to view the highway, and report to them on its state at such other petty sessions, or fix a day, previous to such petty sessions, at which two or more of such justices will themselves attend to view the
highway, If justices At such last-mentioned petty sessions, if the justices highway not are satisfied, either by the report of the person so in complete repair they appointed, or by such view as aforesaid, that the high
way complained of is not in a state of complete repair, it shall be their duty to make an order on the board
limiting a time for the repair of the highway comIf highway, plained of; and if such highway is not put in comnot repaired
plete and effectual repair by the time limited in the order justices order, the justices in petty sessions shall appoint some
person to put the highway into repair, and shall by
order direct that the expenses of making such repairs, make order together with a reasonable remuneration to the person payment of appointed for superintending such repairs, and amount
ing to a sum specified in the order, together with the costs of the proceedings, shall be paid by the board : and any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, in the same manner as if it were an order of general or quarter sessions, and be enforced accord
ingly. Expenses All expenses so directed to be paid by the board in
respect of the repairs of any highway shall be deemed repairing
to be expenses incurred by the board in repairing such highway.
highway, and shall be recovered accordingly.
The highway board may appear before the justices sessions by at petty sessions by their district surveyor or clerk, or
member of the board.
to appoint person to put it into repair, and
deemed to have been incurred in
direct indictment to be
When on the hearing of any such summons respect- Act '62, s. 18. ing the repair of any highway, the liability to repair If liability to is denied by the waywarden on behalf of his parish, or denied by by any party charged therewith, the justices shall justices to direct a bill of indictment to be preferred, and the necessary witnesses in support thereof to be sub- preferred. pænaed, at the next assizes to be bolden in and for the said county, or at the next general quarter sessions of the peace for the county, riding, division, or place wherein such highway is situate, against the inhabitants of the parish, or the party charged therewith, for suffering and permitting the said highway to be out of repair; and the costs of such prosecution shall be paid Costs of by such party to the proceedings as the court before to be paid as whom the case is tried shall direct, and if directed to direct. be paid by the parish shall be deemed to be expenses incurred by such parish in keeping its highways in repair, and shall be paid accordingly.
The highway board may contract for purchasing, Act ’84, s.52. getting, and carrying the materials required for the contract for repair of the highways, and for maintaining and keep- quired for
repairing ing in repair all or any part of the highways of any highways for parish within their highway district, for any period not exceeding three years.
The highway board of any district may from time to time contract for any time not exceeding three contract to years
with any person or body of persons, corporate or unincorporate, to repair any highways, turnpike roads, which other or roads over county or other bridges, or any part parties are thereof, for the repairing of which such persons or body of persons are liable; and any persons or body of persons liable to repair any roads may contract with the highway board for the repairing any highways, inclusive as aforesaid, or any part thereof, which the highway board is liable to make or repair; and the
Id. s. 22. Board may
repair highways for the