to be

county authority.



Accounts of

roads to be

All expenses incurred in or incidental to the making Act °78, s. 16. or confirmation of any order under this section must be Expenses defrayed by the county authority applying for such defrayed by order.

Where a turnpike road subject to one trust extends Id. s. 17. into divers counties, such road, for the purposes of the road in Highways and Locomotives (Amendment) Act, 1878, counties. must be treated as a separate turnpike road in each county through which it passes.

Every highway authority must keep, in such form as Id, s. 18. may be directed by the county authority, a separate ac- expenses of count of the expenses of the maintenance of the main of main roads within their jurisdiction, and must forward copies kepi ty thereof to the county authority at such time or times highway

authority, in every year as may be required by the county autho. and audited. rity, and the accounts so kept shall, where the accounts of the highway authority are audited under the Highways and Locomotives (Amendment) Act, 1878, or under sect. 247 of the Public Health Act, 1875, be audited in the same manner as the other accounts of such authority, and where the accounts of the highway authority are not so audited shall be subject to such audit as the county authority may direct. If any highway authority makes default in comply. In case of

default, ing with the provisions of this section, or with any county directions given in pursuance thereof by the county may withauthority, the county authority may withhold all or Dution. any part of the contribution payable by them under this Act towards the expenses of the maintenance of main roads by such highway authority for the year in which such default occurs. Where a highway district is situate in more than Id. s. 19.

Highway one county, the provisions of the Highways and Loco- district motives (Amendment) Act, 1878, with respect to the more than

one county. expenses of the maintenance of main roads shall apply


hold contri

situate in

Id. s. 20. In the case of main roads over bridges, county

may order them to be

either by

county or

over hundred

Act °78, s. 19. as if the portion of such district situate in each county

were a separate highway district in that county.

Notwithstanding the provisions of the Highways and Locomotives (Amendment) Act, 1878, in the case of

any county in which certain of the bridges within the authority county are repairable by the county at large, and

others are repairable by the several hundreds within repairable

the county in which they are situate, it shall be lawful hundred.

for the county authority from time to time, by order, to declare any main road or part of a main road within their county to be repairable to the extent provided by sect. 13 of that Act either by the county or by the

hundred in which such main road or part is situate, as Expense of they think fit; and where a main road or part thereof main roads is declared to be repairable by a hundred, the expense

of repairing the same shall, to the extent to which but bridges,

for this section the expense or any contribution towards repayable

the expense of repairing the same would be payable

out of the county rate, be repayable out of a separate repairs of rate, which shall be raised and charged in the like such bridges.

manner, and be expended by the like persons as the expenses of repairing the hundred bridges in the same hundred would have been raised, charged and expended.

BRIDGES. Any bridge erected before the passing of the Highways and Locomotives (Amendment) Act, 1878, in

any county without such superintendence as is prosuperintend- vided in the statute 43 Geo. 3, c. 59, s. 5, and county sur- which is certified by the county surveyor or other perbe accepted son appointed in that behalf by the county authority authority. to be in good repair and condition, shall, if the county

authority see fit so to order, become and be deemed to be a bridge which the inhabitants of the county shall be liable to maintain and repair.

out of separate rate, as in case of

Id. s. 21. Existing bridges erected without

ence of

[ocr errors]

veyor may

by county


tribute ont

The county authority may make such contribution Act '78, s. 22. as it sees fit out of the county rates towards the cost County of any bridge to be hereafter erected after the same may conhas been certified in accordance with the provisions of county of the statute 43 Geo. 3, c. 59, s. 5, as a proper ceeding one bridge to be maintained by the inhabitants of the half the cost county; so always that such contribution shall not bridges. exceed one half the cost of erecting such bridge.

rates not ex

of erecting


Power of


Where by a certificate of their surveyor it appears to. So, 23; to the authority which is liable or has undertaken to road

authority to repair any highway, whether a main road or not, that recover exhaving regard to the average expense of repairing extraordihighways in the neighbourhood, extraordinary ex- nary traffic. penses have been incurred by such authority in repairing such highway by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, such authority may recover in a summary manner from any person by whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of the court having cognizance of the case to have been incurred by such authority by reason of the damage arising from such weight or traffic as aforesaid.

Provided, that any person against whom expenses Persons are or may be recoverable under this section may such exenter into an agreement with such authority as is Pecoverable mentioned in this section for the payment to them of may agree a composition in respect of such weight or traffic, and of a comthereupon the persons so paying the same shall not be subject to any proceedings under this section.

from whom




Board may direct sur

veyor to


Like pro

be had as

way Act, 1835, for

highway. Order to direct that highway shall cease to be one



Act '84, s. 21.


When any highway board consider any highway

unnecessary for public use, they may direct the disapply to justices to view trict surveyor to apply to two justices to view the highway. same, and thereupon the like proceedings shall be had ceedings to as where application is made under the “Highway under High- Act, 1835,” to procure the stopping up any highway,

save only that the order to be made thereupon, instead Stepping up of directing the highway to be stopped up, shall direct

that the same shall cease to be a highway which the parish is liable to repair, and the liability of the parish

shall cease accordingly; and for the purpose of such is liable to proceedings under this enactment, such variation shall

be made in any notice, certificate, or other matter preliminary to the making of such order as the nature of the case may require:

Provided that if at any time thereafter, upon applisions may at cation of any person interested in the maintenance of

such highway, after one month's previous notice in the liability writing thereof to the clerk of the highway board for of the parish the district in which such highway is situated, it

appear to any court of general or quarter sessions of the

peace that from any change of circumstances since the time of the making of any such order as aforesaid under which the liability of the parish to repair such highway has cea sed the same has become of public use, and ought to be kept in repair by the parish, they may direct that the liability of the parish to repair the same shall revive from and after such day as they may name in their order, and such liability shall

revive accordingly as if the first-mentioned order had Expenses of not been made; and the said court may by their order to be paid as direct the expenses of and incident to such application

to be paid as they may see fit.

Court of quarter ees

any time thereafter (lirect that

to repair sl revive.


rity liable to

court of summary jurisdiction


opinion that

point a time

If any authority liable to keep any highway in Act "78, s. 24. repair is of opinion that so much of such highway as Any autholies within any parish situate in a petty sessional divi- keep highsion is unnecessary for public use, and therefore ought repair may not to be maintained at the public expense, such apply to authority in this section referred to “as the applicant authority ") may apply to the court of summary juris- to view. diction of such petty sessional division to view by two or more justices, being members of the court, the highway to which such application relates, and on such view being had, if the court of summary jurisdic- If court of tion is of opinion that the application ought to be pro- the applica. ceeded with, it shall by notice in writing to the owners proceed, it or reputed owners and occupiers of all lands abutting notices apupon such highway, and by public notice appoint a and place at time and place, not earlier than one month from the which it will

hear date of such notice, at which it will be prepared to highway hear all persons objecting to such highway being being declared unnecessary for public use, and not repairable unnecessary. at the expense of the public.

On the day and at the place appointed, the court on appointed shall hear any persons objecting to an order being hear objecmade by the court that such highway is unnecessary make order for public use and ought not to be repairable at the application public expense, and shall make an order either dis- or declaring missing the application or declaring such highway unnecessary. unnecessary for public use, and that it ought not to be repaired at the public expense.

If the court make such last-mentioned order as aforesaid, the expenses of repairing such highway shall cease to be defrayed out of any public rate.

Public notice of the time and place appointed for Public hearing a case under this section shall be given by the hearing to applicant authority as follows: that is to say :- applicant by (1.) By advertising a notice of the time and place ment in local


day court

tions and




notice of

be given by


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