Board may

Act ’64, s. 22. money payable under any contract made in pursuance

of this section shall be raised in the same manner and
be paid out of the same rates as would have been
applicable to defray the expenses of the repair of such
highways if no contract had been made in respect

Act '62, s. 46. No person through whose land a highway passes,
perinit land- which is to be repaired by the parish, shall become
erect fences liable for the repair of such highway by erecting fences

between such highway and the adjoining land, if such
fences are erected with the consent in writing of the
highway board of the district within which such high-
way is situate in the case of a place within the juris-
diction of a highway board, and in the case of any
other place with the consent of the surveyor or other
authority having jurisdiction over the highway.

without incurring liability to repair highway.


Act '78, s. 10, On complaint of default in


order on

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
make an order limiting a time for the performance of
the duty of the highway authority in the matter of
such complaint.

If such duty is not performed by the time limited in
with order, the order, and the highway authority fail to show to
authority to the county authority sufficient cause why the order has
some person not been complied with, the county authority may ap-

point some person to perform such duty, and shall by
order direct that the expenses of performing the same,

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On non


to perform the duty, and make order on

of expenses

the power

, &c.

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




cancel or


submitted to

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 :
(2.) Highway districts:
(3.) Highway parishes not included within any

highway district or any urban sanitary dis-

1d.s. 14. Description

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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

expense of

to be paid

county rate.

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
(2.) Any order made on the council of any borough

having a separate court of quarter sessions
under sect. 117 of the Municipal Corpora-

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

of expenses


be main


Order to be

with clerk of the peace, and not to be valid until con

further order.

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


Local Government

make provisional

to confirmation.


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