ewspaper and affixing copy to church and chapel doors.

Court of quarter ses

any time

Act '73, s. 24. appointed for the hearing and the object of the

hearing, with a description of the highway to which it refers in some local newspaper circulating in the district in which such highway is situate once at least in each of the four weeks

preceding the hearing; and (2.) By causing a copy of such notice to be affixed

at least fourteen days before the hearing to the principal doors of every church and chapel in the parish in which such highway is situate, or in some conspicuous position near such high

way. And the application shall not be entertained by the court until the fact of such public notice having been given is proved to its satisfaction.

If at any time after an order has been made by a sions may at court of summary jurisdiction under this section, upon

application of any person interested in the mainte

nance of the highway in respect of which such order of such high- has been made, after one month's previous notice in maintained writing thereof to the applicant authority, it appears

to the court of quarter sessions that from any change of circumstances since the time of the making of any such order as aforesaid such highway has become of public use, and ought to be maintained at the public expense, the court of quarter sessions may direct that the liability of such highway to be maintained at the public expense shall revive from and after such day as they may name in their order, and such highway shall thenceforth be maintained out of the rate applicable to payment of the expenses of repairing other highways

repairable by the applicant authority; and the said Expenses of court of quarter sessions may by their order direct the to be paid as expenses of and incident to such application to be paid

as they may see fit.

thereafter direct that the liability

way to be

at public expense shall revive.


court see fit.

Any order of a court of summary jurisdiction under Act '78, s. 24. this section shall be deemed to be an order from which appeal to an appeal lies to a court of quarter sessions.

quarter sessions lies against order of court of summary jurisdiction.




must be


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A highway board may make such improvements as Act'04, s. 47.

Board may are hereinafter mentioned in the highways within make imtheir jurisdiction, and may, with the approval of the and borrow justices in general or quarter sessions assembled, borrow them with money for the purpose of defraying the expenses of approval of such improvements:

Previously to applying for the approval of the jus- Estimate tices the highway board must cause an estimate of the made, and expense of the improvements to be made, and two notice given,

before applimonths at the least before making their application cation for

justices' must give notice of their intention so to do.

approval The notice must state the following particu- Contents of lars: (1.) The nature of the work, the estimated amount of

expense to be incurred, and the sum pro

posed to be borrowed :
(2.) The parish or parishes within the district by

which the sum borrowed and the interest
thereon is to be paid, and in case of more
parishes than one being made liable to pay the
principal and interest the annual amounts to be
contributed by each parish towards the pay-

ment thereof;
(3.) The number of years within which the principal

moneys borrowed are to be paid off, not ex-
ceeding twenty years, and the amount to be set

apart in each year for paying off the same: (4.) The sessions at which the application is to be


Service and publication of notice.

Application may be

any person,

Moneys borrowell to be

Aet '81, s. 47. Notice must be given as follows :

(1.) By transmitting a copy to the clerk of the

peace for the county or division : (2.) By placing a copy of such notice for three suc

cessive Sundays on the church door of every church of the parish'or parishes on behalf of which such works are to be done, or, in the case of any place not having a church, in

some conspicuous position in such place.

Upon the bearing of the application any person or opposed by persons may oppose the approval of the justices being

given, and the justices may give or withhold their approval, with or without modification, as they think just.

All moneys borrowed in pursuance of this Act, a first charge together with the interest thereon, shall be a first

charge on the highway rates of each parish liable to sums due to contribute to the payment thereof, after paying the

sums due to the highway board on account of the district fund, in the same manner, so far as the creditor is concerned, as if the money had been bor

rowed on account of each parish alone; and the sums quired for necessary to repay the said borrowed


with recoverable interest, shall in each such parish be recoverable in of keeping the same manner as if they were expenses incurred by highways in

the board in keeping in repair the highways of that parish.

But it shall be the duty of the highway board, in case of any one parish paying more than its share of such borrowed money, or of the interest thereon, to make good to that parish the excess so paid out of the rates of the other parishes liable to contribute thereto.

The justices may from time to time make general orders in relation to the mode in which applications are:

on highway rates after payment of


Sums re


like expenses


Generai orders as

to mode of

Id. s. 48. Definition of

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Parishes and

to be made to them for their consent under this Act to

Act '64, s. 47. the borrowing of any moneys.

making apThe following works are deemed to be improvements consent.

plications for of highways;

improve(1.) The conversion of any road that has not been ments.

stoned into a stoned road :
(2.) The widening of any road, the cutting off the

corners in any road where land is required
to be purchased for that purpose, the levelling
roads, the making any new road, and the

building or enlarging bridges :
(3.) Tbe doing of any other work in respect of high-

ways beyond ordinary repairs essential to
placing any existing highway in a proper

state of repair. Any parish may, with the consent of its waywarden, Id. s. 49. contribute to any improvements made in another districts may parish, whether situate or not in the same district, if improvesuch first-mentioned parish consider such improvements to be for its benefit; and any highway board may contribute to any improvements made in another district if such improvements are, in the opinion of the highway board of the first-mentioned district, for the benefit of their district. The contribution to be made by one parish to another shall be payable in the same manner as if such contributions were moneys due from the contributing parish in respect of expenses incurred in keeping in repair the highways of that parish, and moneys contributed by one district to another district shall be payable out of the common fund of the contributing district.

The clauses of “ The Commissioners Clauses Act, Id. s.50. 1847,” with respect to mortgages to be created by the missioners commissioners shall form part of and be incorporated 1817, with

contribute to


The Com

Clauses Act,

respect to mortgages, incor


&c., valid if made in


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Id. s. 53.

Act'64, s. 60. with this Act, and any mortgagee or assignee may

enforce payment of his principal and interest by

appointment of a receiver. porated.

In the construction of the said clauses " the commis

sioners ” shall mean the highway board.” Mortgages, Mortgages and transfers of mortgages shall be valid

if made in the forms prescribed by the last-mentioned prescribed

Act, or in the forms appearing in the second schedule annexed to this Act (post), or as near thereto as circumstances admit.

A highway board, for the purpose of improving the Highway board may highways within their district, may purchase such lands for im- lands or easements relating to lands as they may reprovements. quire; and “ The Lands Clauses Consolidation Act,

1845," and the Act 23 & 24 Vict.c. 106, amending the same, are incorporated with the Highway Act, 1864, with the exception of the clauses relating to the purchase of land otherwise than by agreement.

In the construction of the Highway Act, 1864, and the said incorporated Acts, the Highway Act, 1864, is deemed to be the special Act, and the board are deemed to be the promoters of the undertaking, and the word “ land “lands” include any easement in or out of lands.

Where any highway which any body politic or corBoard may porate or person is liable to repair by reason of tenure

of any land, or otherwise howsoever, shall be adjudged repair high- in manner provided by the Highway Act, 1862, to be judged to be out of repair, the highway board of the district in

which such highway is situate may, if they see fit, direct their surveyor to repair the same, and the expenses to be incurred in such repair shall be paid by the party liable to repair as aforesaid.


Act '62, s. 34.
Act '64, s. 23.

direct surveyor to

way ad

which any

party is

liable to repair ratione tenure.

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