to be made to them for their consent under this Act to the borrowing of any moneys. Act '64, s. 47. to mode of making applications for The following works are deemed to be improvements consent. of highways: Id. s. 48. Definition of 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.) The doing of any other work in respect of high ways beyond ordinary repairs essential to Parishes and contribute to improve ments. 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 such 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 Com 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 Clauses Act, Act 64, s. 50. with this Act, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver. respect to mortgages, incor porated. Mortgages, &c., valid if made in prescribed form. Id. s. 53. Highway board may purehase provements. In the construction of the said clauses "the commissioners" shall mean "the highway board." Mortgages and transfers of mortgages shall be valid if made in the forms prescribed by the last-mentioned 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 highways within their district, may purchase such lands for im- lands or easements relating to lands as they may require; 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. Act '62, s. 34. Board may direct surveyor to way ad 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" or "lands" include any easement in or out of lands. Where any highway which any body politic or corporate 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. out of repair which any party is liable to repair ratione tenure. liable to may be sum Any justice, upon the application of any person Act '62, 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 highway tenuræ have it re 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 for 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 such highway as aforesaid, to appear before two or moned bemore justices in petty sessions assembled: district sur party liable to repair, to be sum fore justices. order high maintained and fix sum party in dis 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 future like a for the recovery thereof in the same manner as for the Recoverable recovery of penalties or forfeitures recoverable under penalty. the Highway Act, 1862: Act '62, s. 35. Sums exceeding £50 to be invested in name of highway board, and interest ap of highways 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, shall be invested 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 highways within the parish in which such highway is situate; 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: within the parish. Smaller sums to be applied in like manner. Appeal to quarter ses written no tice within order, and 7 days before try appeal and abide judgment and pay costs. 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 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: After order, &c., high From and after the making of such order by the justices, or by the court on appeal, as the case may able by parish. Board may 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 '64, 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 resame 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. make high able ratione parish. Upon appli trict sur veyor, at re quest of with written consent of occupier, petty ses 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 their 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 justices in 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. BYE-LAWS. of declare &c., to be a riage road, County au make, alter, A county authority may from time to time make, Act'78, s. 26. with respect to all or any main roads or other high- thority may ways within any highway area in their county, and and repeat when made alter or repeal bye-laws for all or any 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 animal power, and having wheels of which |