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may be sum
Any justice, upon the application of any person Act ’82, s. 34. authorized in this behalf by the highway board, may Party summon the party liable to pay such expenses to expenses appear before two justices at a time and place to be moned. named in such summons, and upon the appearance of the parties, or in the absence of either of them, it shall be lawful for such justices to hear and determine the matter, and make such order, as well as to costs or otherwise, as to them may seem just.
Justices may determine the matter, and make order as to costs.
Id. s. 35. Party liable
Where any person or corporation is liable, by reason of tenure of lands or otherwise, to repair any highway to repair situate in a highway district, the person or corporation ratione so liable may apply to any justice of the peace
may apply to the purpose of making such highway a highway to be paired by repaired and maintained by the parish in which the parish. same is situate; and such justice shall thereupon issue Waywarden, summonses requiring the waywarden of such parish, veyor, and the district surveyor, and the party so liable to repair to repair, to such highway as aforesaid, to appear before two or moned be
fore justices. more justices in petty sessions assembled:
And the justices at such petty sessions shall proceed Justices may to examine and determine the matter, and shall, if they way to be think fit, make an order under their hands that such by parish, highway shall thereafter be a highway to be thereafter to be paid by repaired and maintained by the parish, and shall in charge of such order fix a certain sum to be paid by such person claims. or corporation to the highway board of the district in full discharge of all claims thereafter in respect of the repair and maintenance of such highway; and in default of payment of such sum the board may proceed for the recovery thereof in the same manner as for the Recoverable recovery of penalties or forfeitures recoverable under penalty. the Highway Act, 1862:
and fix sum
party in dis
Sums exceeding £50 to be invested in name of highway
Smaller sums to be
written notice within
Aet '62, s. 35. Provided always, that when the sum so fixed to be
paid in full discharge of all claims thereafter in respect of the repair and maintenance of such highway exceeds
£50, the same, when received, sball be invested board, and in the name of the highway board of the district in plied towards some public Government securities, and the interest and maintenance dividends arising therefrom shall be applied by such
board towards the repair and maintenance of the highparish.
ways within the parish in which such highway is situate; applied in but when such sum does not exceed £50 the same or any
part thereof, at the discretion of such highway board, shall from time to time be applied by such board towards the repair and maintenance of the highways within such
parish : Appeal to Provided that any person aggrieved by any order of sions upon justices made in pursuance of this section may appeal
to a court of general or quarter sessions holden within 14 days after four months from the date of such order ; but no such recognizance appeal shall be entertained unless the appellant has sessions to given to the other party to the case a notice in writing
of such appeal, and of the matter thereof, within fourteen judgment
days after such order, and seven clear days at the least before such sessions, and has entered into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as may be by the court awarded; and upon such notice being given, and such recognizance being entered into, the court at such sessions shall hear and determine the matter of the appeal, and shall make such order thereon, with or without costs to either party, as to the court may seem meet:
From and after the making of such order by the &c., high
justices, or jy the court on appeal, as the case may
able by parish.
require, such highway shall be repaired in like manner Act ’62, s. 35. and at the like expense as highways which a parish is way repairliable to repair.
The highway board may apply, under sect. 35 of Act '04, s. 4. the Highway Act of 1862, for the purpose of making apply to any highway to which that section refers a highway to way repairbe repaired and maintained by the parish in which the tenure re same is situate, and upon such application being made pairable by the same proceedings may be had as upon the application of the person or corporation liable to repair the same.
Where the inhabitants of any parish are desirous of Act°62, 8.36. undertaking the repair or maintenance of any driftway, cation of disor any private carriage or occupation road, within veyor, at retheir parish, in return for the use thereof, the district vestry and surveyor may, at the request of the inhabitants of such parish assembled in a vestry duly convened for the owner and purpose, and with the consent in writing of the owner and occupier of every part thereof, apply to the justices sions may in petty sessions to declare such driftway or road to be driftway; a public highway to be repaired at the expense of the public carparish ; and upon such application being made it shall &c. be lawful for the justices to declare the same to be a public carriage road to be repaired at the expense of the parish.
with written consent of
justices in petty ses
&c., to be a
BYE-LAWS. A county authority may from time to time make, Act'78, s. 28.
County auwith respect to all or any main roads or other high- thority may
make, alter, ways within any highway area in their county, and and repeal when made alter or repeal bye-laws for all or any of bye-laws.
-, the purposes following ; that is to say: (1.) For prohibiting or regulating the use of any
waggon, wain, cart or carriage drawn by
Act'78, s. 26.
the fellies or tires are not of such width in proportion to the weight carried by, or to the size of, or to the number of wheels of such waggon, wain, cart or carriage, as
may be specified in such bye-laws; and (2.) For prohibiting or regulating the use of any
waggon, wain, cart or other carriage drawn by animal power not having the nails on its wheels countersunk in such manner as may be specified in such bye-laws, or having on its wheels bars or other projections forbidden
by such bye-laws; and (3.) For prohibiting or regulating the locking of the
wheel of any waggon, wain, cart, or carriage drawn by animal power when descending a hill, unless there is placed at the bottom of such wheel during the whole time of its being locked a skidpan, slipper, or shoe, in such manner as to prevent the road from being destroyed or injured by the locking of
such wheel; and (4.) For prohibiting or regulating the erection of
gates across highways and prohibiting gates
opening outwards on highways. (5.) For regulating the use of bicycles.
Fines, to be recovered summarily, may be imposed £2 for each by any such bye-laws on persons breaking any byebe imposed. law made under this section, provided that no fine ex
ceeds for any one offence the sum of two pounds, and that the bye-laws are so framed as to allow of the recovery of any sum less than the full amount of the fine.
A bye-law made under the Highways and Locomoby Local
tives (Amendment) Act, 1878, and any alteration
Fines not «exceeding
Id. s. 35. Confirmation
tice to be
made therein and any repeal of a bye-law will not be Act '78, s. 35. of any validity until it has been submitted to and con- Government firmed by the Local Government Board.
A bye-law made under that Act shall not, nor shall Months' noany alteration therein or addition thereto or repeal given prethereof be confirmed until the expiration of one month firmation. after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district.
vious to con
LOCAL GOVERNMENT BOARD. If at any time after a rural sanitary authority has Act78, 8. 5 become invested with the powers of a highway board, Order for adthe boundaries of such authority are altered, the Local accounts or, Government Board, on the application of any authority of difference,
person interested, may by order provide for the ad- of boundajustment of any accounts, or the settlement of any sanitary audoubt or difference so far as relates to highways conse
thority. quent on the alteration of the boundaries of such rural sanitary authority.
The Local Government Board may direct what remu. Id. :: 9 neration the auditor of accounts of highway districts muneration. and parishes shall receive.
The Local Government Board may make a provisional Provision order that any road which has ceased to be a turnpike orders as 10 between the 31st December, 1870, and the 16th August, 1878, ought not to become a main road; or that any road which has become a main road ought to cease to be a main road and become an ordinary highway.
The Local Government Board may submit any pro- Id. :: 34. visional order made by them under the Highways and tion of proLocomotives (Amendment) Act, 1878, to Parliament orders.