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Act ’64, s. 22. money payable under any contract made in pursuance
of this section shall be raised in the same manner and
between such highway and the adjoining land, if such
without incurring liability to repair highway.
DEFAULT BY HIGHWAY AUTHORITY.
Act '78, s. 10, On complaint of default in
Where complaint is made to the county authority
that the highway authority of any highway area within maintaining, their jurisdiction has made default in maintaining or &c., highways, county repairing all or any of the highways within their may make jurisdiction, the county authority, if satisfied after defaulting
due inquiry and report by their surveyor that the authority.
authority has been guilty of the alleged default, shall
If such duty is not performed by the time limited in
point some person to perform such duty, and shall by
to perform the duty, and make order on
to clerk of
together with the reasonable remuneration of the person Act78, 8. 10. appointed for superintending such performance, shall defaulting be paid by the authority in default, and any order made for payment for payment of such expenses and costs may be re- and costs. moved into the High Court of Justice, and be enforced in the same manner as if the same were an order of such court. Any person appointed under this section to perform Person
appointed, the duty of a defaulting highway authority shall, in to have the performance and for the purpose of such duty, be of defaulting invested with all the powers of such authority other authority, than the powers of making rates or levying contribu-rates the tions by precept, and the county authority may from time to time, by order, change any person so appointed.
Where an order has been made by a county autho- On notice rity for the repair of a highway on a highway autho- peace that rity alleged to be in default, if such authority, within authority ten days after service on them of the order of the declines to
comply with county authority, give notice to the clerk of the peace their liability that they decline to comply with the requisitions of has been such order until their liability to repair the highway county in respect to which they are alleged to have made de- shall either faúlt has been determined by a jury, it shall be the modify duty of the county authority either to satisfy the or submit defaulting authority by cancelling or modifying in such the question manner as the authority may desire the order of the to a jury. county authority, or else to submit to a jury the question of the liability of the defaulting authority to repair the highway.
If the county authority decide to submit the question If question to a jury they shall direct a bill of indictment to be jury indictpreferred to the next practicable assizes to be holden preferred in and for their county, with a view to try the liability practicable of the defaulting authority to repair the highway. Grder susUntil the trial of the indictment is concluded the order pended until
ment to be
come into force if defendants found guilty, or to become void if
acquitted. Costs to be paid as court may direct.
Out of what funds
Acto78, s. 10. of the county authority shall be suspended. On the of trial: to conclusion of the trial, if the jury find the defendants
guilty, the order of the county authority shall forthwith be deemed to come into force; but if the jury
acquit the defendants the order of the county authority defendants shall forth with become void.
The costs of the indictment and of the proceedings consequent thereon shall be paid by such parties to the proceedings as the court before whom the case is tried
may direct. Any costs directed to be paid by the payable. county authority shall be deemed to be expenses pro
perly incurred by such authority, and shall be paid accordingly out of the county rate; and any costs directed to be paid by the highway authority shall be deemed to be expenses properly incurred by such authority in maintenance of the roads within their jurisdiction, and shall be paid out of the funds applicable to the maintenance of such roads.
The following areas are deemed to be highway areas of highway for the purposes of the Highways and Locomotives
(Amendment) Act, 1878; that is to say :
(1.) Urban sanitary districts :
highway district or any urban sanitary dis-
1d.s. 14. Description
Id, s. 13. Disturn
For the purposes of the Highways and Locomotives piked roads (Amendment) Act, 1878, and subject to its provisions, main roads. any road which has, within the period between the
31st December, 1870, and the date of the passing of that Act (16th August, 1878), ceased to be a turnpike road, and any road which, being at the time of passing of that Act a turnpike road, may afterwards
to be paid
cease to be such, shall be deemed to be a main road; and Act '78, s. 13. one half of the expenses incurred from and after the One-half the 29th September, 1878, by the highway authority in maintenance the maintenance of such road shall, as to every part out of thereof which is within the limits of any highway area, bepaid to the highway authority of such area by the county authority of the county in which such road is situate, out of the county rate, on the certificate of the surveyor of the county authority or of such other person or persons as the county authority may appoint to the effect that such main road has been maintained to his or their satisfaction.
Provided that no part of such expenses shall be included in(1.) Any precept or warrant for the levying or col- Proviso as
lection of county rate within the metropolis, polis and subject and without prejudice to any provision corporations.
to be hereafter made; or
having a separate court of quarter sessions
tion Act, 1835. The term “expenses” in this section shall mean the Definition cost of repairs defrayed out of current rates, and shall not include any re-payment of principal moneys borrowed, or of interest payable thereon. Where it appears to any highway authority that any id. s. 15.
County highway within their district ought to become a main
authority road by reason of its being a medium of communica- ordinary tion between great towns, or a thoroughfare to a rail- highway to way station, or otherwise, such highway authority may road. apply to the county authority for an order declaring such road, as to such parts as aforesaid, to be a main road; and the county authority, if of opinion that there is probable cause for the application, shall cause the
Order to be
with clerk of the peace, and not to be valid until con
Id. s. 16.
not to become main road.
Act '78, s. 16. road to be inspected, and, if satisfied that it ought to
be a main road, shall make an order accordingly.
A copy of the order so made shall be forthwith dedeposited
posited at the office of the clerk of the peace of the county, and shall be open to the inspection of persons
interested at all reasonable hours; and the order so firmed by
made shall not be of any validity unless and until it is confirmed by a further order of the county authority made within a period of not more than six months after the making of the first-mentioned order.
If it appears to a county authority that any road authority within their county which, within the period between may apply the 31st December, 1870, and the date of the passing sional order of the Act (16th August, 1878), ceased to be a turnturnpikedh pike road, ought not to become a main road in pur
suance of the Highways and Locomotives (Amendment) Act, 1878, such authority must, before the 1st of February, 1879, make an application to the Local Government Board for a provisional order declaring that such road ought not to become a main road.
Subject as aforesaid, where it appears to a county authority that
any road within their county which has become a main road in pursuance of this Act ought to highway.
cease to be a main road and become an ordinary highWay, such authority may apply to the Local Government Board for a provisional order declaring that such road has ceased to be a main road and become an ordinary highway.
The Local Government Board, if of opinion that Board may there is probable cause for an application under this
section, shall cause the road to be inspected, and if order subject
satisfied that it ought not to become or ought to cease to be a main road and become an ordinary highway, shall make a provisional order accordingly, to be confirmed as hereinafter mentioned.
Or that main road has become an ordinary