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Act °78, 8. 84. for confirmation, and without such confirmation no
provisional order will be of any validity.
No bye-law made under the Highways and Locomotives (Amendment) Act, 1878, nor any alteration made therein, nor any repeal of a bye-law will be of any validity until it has been submitted to and confirmed by the Local Government Board.
Id. s. 35. Confirma. tion of byelaws.
DISTRICT FUND, AND EXPENSES OF
Act'84, s. 32.
nefit to be charged to
portion to rateable
The salaries of the officers appointed for each district, expenses for and any other expenses incurred by any highway board
for the common use or benefit of the several parishes district fund, within such district, shall be annually charged to a buted in pro- district fund to be contributed by and charged upon
the several highway parishes within such district in perty in each proportion to the rateable value of the property in each
parish, but the expenses of maintaining and keeping in
repair the highways of each highway parish within the of highways, district, and all other expenses legally payable by the highway board in relation to such parish, including any
that would have been payable out of the highway rates of such parish if the same had not become part of a highway district, except such expenses as are in the Highway Act, 1864, authorized to be charged to the district fund, shall be a separate charge on each parish.
The rateable value of the property in each parish able value of shall be ascertained according to the valuation list or property.
other estimate for the time being in force in such parish for the purposes of the poor rate, or if no such valuation
&c., to be a separate charge on each parish.
Ascertain ment of rate
list or estimate be in force, then in such manner as may Act ’64,8. 32. be determined by the justices in petty sessions, subject to an appeal by any person aggrieved to the next general or quarter sessions.
All expenses incurred by any highway board in main- Act '78, s. 7. taining and keeping in repair the highways of each March, 1879, parish within their district, and all other expenses nance of legally incurred by such board, shall, notwithstanding and all other anything contained in the Highway Acts, on and after expenses inthe 25th day of March, 1879, be deemed to have been board, to be
charged on incurred for the common use or benefit of the several district fund. parishes within their district, and shall be charged on the district fund: Provided, that if a highway board think it just, by reason of natural differences of soil or locality, or other exceptional circumstances, that any parish or parishes within their district should bear the . expenses of maintaining its or their own highways, they may (with the approval of the county authority, or authorities of the county or counties within which their district, or any part thereof, is situate) divide Board may their district into two or more parts, and charge ex- district, and clusively on each of such parts the expenses payable charge by such highway board in respect of maintaining and of highways keeping in repair the highways situate in each such part; so, nevertheless, that each such part shall consist of one or more highway parish or highway parishes.
All moneys borrowed by a highway board after the 25th day of March, 1879, under the Highway Acts, March, 1870, shall be charged on the district fund, but nothing in all borrowed the Highways and Locomotives (Amendment) Act, charged fun 1878, shall affect the security, chargeability, or repayment of any moneys borrowed before that day.
on each part.
Id. s. 8. After
MODE OF OBTAINING PAYMENT.
Act '84, s. 33.
be issued to
or overseer's requiring them to pay the amount
he addressed to waywarden of parish not
cases to overseers.
For the purpose of obtaining payment from the Precepts to several highway parishes within their district of the waywardens sums to be contributed by them, the highway board
shall order precepts to be issued to the waywardens or
overseers of the said parishes according to the proviof contribu- sions hereinafter contained, stating the sum to be con
tributed by each parish, and requiring the officer to whom the precept is addressed, within a time to be limited by the precept, to pay the sum therein men
tioned to the treasurer of the board. Precept to Where a highway parish is not a parish separately
maintaining its own poor, or where in any highway
parish it has, for a period of not less than seven years separately immediately preceding the passing of the Highway its own poor, Act, 1862, been the custom of the surveyor of high&c.; in other
ways for such parish to levy a highway rate in respect of property not subject by law to be assessed to poor rates, the precept of the highway board shall be addressed to the waywarden of the parish, and in all other cases it shall be addressed to the overseers.
Where the precept is addressed to a waywarden he addressed to shall pay the sum thereby required out of a separate he must pay rate, and such separate rate shall, in the case of a
parish in which for such period aforesaid it has been the custom of the surveyor of highways to levy a
highway rate in respect of property not subject by law provided. to be assessed to poor rate, be assessed on and levied
from the persons and in respect of the property on, from, and in respect of which the same has been assessed and levied during such period as aforesaid ; and in all other cases such rate shall be assessed on and levied from the persons and in respect of the property on, from, and in respect of which a poor rate
required sum out of separate rate assessed and levied as herein
Act '64, s. 33.
rate must be
Jike a poor
to account to
rates levied ;
ration of office, to pay surplus to
would be assessable and leviable if the parish of which he is waywarden were a place separately maintaining its own poor.
No rate leviable by a waywarden under this Act Waywardens shall be payable until the same bas been published in published manner in which rates for the relief of the poor are by rate. law required to be published.
A waywarden shall account to the highway board for Waywarden the amount of all rates levied by him, and at the expi- board for all ration of his term of office shall pay any surplus in his and at expihands arising from any rate so levied, above the amount for which the rate was made, to the treasurer treasurer of of the highway board, to the credit of the parish board to within which such rate was made, and such surplus parish. shall go in reduction of the next highway rate that may be leviable in such parish.
Where the precept is addressed to the overseers they precept shall pay
the sum thereby required out of a poor rate overseers, to be levied by them, or out of any moneys in their pay require hands applicable to the relief of the poor.
No contribution required to be paid by any parish at be levied, or any one time in respect of highway rates shall exceed moneys in the sum of tenpence in the pound, and the aggregate No contribuof contributions required to be paid by any parish in tion to exin any one year in respect of highway rates shall not in the pound; exceed the sum of two shillings and sixpence in the gregate in pound, except with the consent of four-fifths of the year not to ratepayers of the parish in which such excess may be levied present at a meeting specially called for the except with purpose, of which ten days' previous notice has been 4-5ths of given by the waywarden of such parish, and then only to such extent as may be determined by such meeting.
All sums of money payable in pursuance of the Moneys payprecepts of a highway board shall, whether they are or not payable by the overseers of the poor, be subject to charges to
sun out of poor rate to
and the ag
exceed 2s.6d. in the pound,
able under precepts,
way rates are subject.
&c., rates, as in case of poor rates.
Act 64, s. 33. all charges to which ordinary highway rates are subject which high- by law.
All waywardens and overseers to whom precepts of Id. s. 34. a highway board are hereby directed or authorized to Waywardens be issued shall within their respective parishes have to have same the same powers, remedies, and privileges, for and in for assessing, respect of assessing and levying any rates required to
be levied for making payments to a highway board, in the case of overseers, as they have in assessing and levying ordinary rates for the relief of the poor, and in
, the case of waywardens, as they would have if the parish of which they are waywardens were a place separately maintaining its own poor, and they were overseers thereof, and the rate to be levied by them were a duly authorized
any payment required to be made by the overnonpayment seers, or waywardens of any parish of moneys due to a
highway board is in arrear, it shall be lawful for any justice may justice, on application under the hand of the chairman
for the time being, or by the clerk of such board, to
summon the said overseers or waywardens to show meent has not cause at petty sessions why such payment has not
been made; and the justices at such petty sessions, after hearing the complaint preferred on behalf of the
board, may, if they think fit, cause the amount of payo arrear, with ment in arrear, together with the costs occasioned by cested for one such arrear, to be levied and recovered from the said
overseers or waywardens, or any of them, in like manner as moneys assessed for the relief of the poor may be levied and recovered, and the amount of such arrear, together with the costs aforesaid, when levied and recovered, to be paid to the said board.
Id. s. 35. In case of
by overseers or waywarden
sunmon them to show cause why pay
Justices at petty sessions may cause amount in
levied overseers or waywarden as in case of poor rate.