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 to metro (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- municipal of expenses. 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. County may order be a main Where it appears to any highway authority that any Id. s. 15. 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 Act '78, s. 15. road to be inspected, and, if satisfied that it ought to be a main road, shall make an order accordingly. Or that main road has become an ordinary highway. Local Government make pro order subject A copy of the order so made shall be forthwith deposited 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 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 within their county which, within the period between the 31st December, 1870, and the date of the passing of the Act (16th August, 1878), ceased to be a turnpike road, ought not to become a main road in pursuance 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. any Subject as aforesaid, where it appears to a county authority that road within their county which has become a main road in pursuance of this Act ought to 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 visional section, shall cause the road to be inspected, and if to confirma- 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. tion. 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. to be county authority. Turnpike several 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. Accounts of maintenance roads to be authority, 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 kept by thereof to the county authority at such time or times highway 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. default, authority hold contri If any highway authority makes default in comply- In case of 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 bution. 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. Highway Where a highway district is situate in more than Id. s. 19. one county, the provisions of the Highways and Loco- district motives (Amendment) Act, 1878, with respect to the more than expenses of the maintenance of main roads shall apply situate in one county. Act '78, s. 19. as if the portion of such district situate in each county were a separate highway district in that county. Id. s. 20. In the case of main roads over bridges, county authority may order them to be repairable either by county or hundred. 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 county are repairable by the county at large, and others are repairable by the several hundreds within the county in which they are situate, it shall be lawful 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 is declared to be repairable by a hundred, the expense of repairing the same shall, to the extent to which but for this section the expense or any contribution towards the expense of repairing the same would be payable out of the county rate, be repayable out of a separate rate, which shall be raised and charged in the like 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. repairing main roads over hundred bridges, repayable out of separate rate, as in case of repairs of such bridges. ld. s. 21. Existing bridges without BRIDGES. Any bridge erected before the passing of the Highways and Locomotives (Amendment) Act, 1878, in erected 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 ence of veyor may by 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. authority tribute out 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 EXTRAORDINARY TRAFFIC. Power of authority to recover ex penses of extraordi Where by a certificate of their surveyor it appears Id. s. 23. to the authority which is liable or has undertaken to road repair any highway, whether a main road or not, that having regard to the average expense of repairing highways 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. from whom recoverable 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 perses ab mentioned in this section for the payment to them a composition in respect of such weight or traffic, and thereupon the persons so paying the same shall not be subject to any proceedings under this section. E of may agree for payment of a com position. |