place shall for the purposes of the Highway Act, 1862, Act '62,s. 32. be deemed to be a parish separately maintaining its own highways; and where in pursuance of the same Act any place is annexed to any adjoining parish, or to any district in which the relief of the poor is administered under a local Act, such place shall for the purposes of the Highway Act, 1862, be deemed to be annexed to such parish or district for the purposes of the maintenance of the highways, as well as for the purposes in the said Act mentioned. Outlying parish Where part of a parish is not contiguous to the Id. s. 33. parish of which it is apart, such outlying part may part of at the discretion of the justices be annexed to a district, and, when so annexed, it shall, for all the purposes of the Highway Acts, be deemed to be a parish separately maintaining its own highways. Places in highways in are not repaired highway Any parish, township, tithing, hamlet or other place Act '64, s. 5. having a known legal boundary in which there are no which highways repairable at the expense of the place, or which the highways are repaired at the expense of any out of person, body politic or corporate, by reason of any rate. grant, tenure, limitation, or appointment of any charitable gift, or otherwise howsoever than out of a highway rate or other general rate, shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways. Where part of a parish is, in pursuance of the Local Government Act, 1858, Amendment Act, 1861, sect. 9, treated as forming part of a district constituted under the Local Government Act, 1858, for all purposes connected with the repair of highways and the payment of highway rates, but for no other purpose, such part, for the purposes of the Highway Acts, 1862, and Act '64, s. 5. 1864, is deemed to be a place separately maintaining its own highways, and capable of being included in a highway district, without requiring the consent of the local board to be given. Where the highways of one part of a parish are, in pursuance of a private Act of Parliament, repairable out of a different rate from that out of which the highways of the other part are repairable, each of such parts, for the purposes of the Highway Acts, is deemed to be a place separately maintaining its own highways. Act '62, s. 5. clerk of the notice of HIGHWAY DISTRICTS. FORMATION. Any five or more justices of a county may by may require writing under their hands require the clerk of the peace to send peace to add to or send with the notice required by law proposal, &c. to be given of the holding of courts of general or quarter sessions a notice in the form marked (A.) post, p. 120, in the schedule, or as near thereto as circumstances admit, that at the court therein mentioned a proposal will be made to the justices to divide the county or some part thereof into highway districts, or to constitute the whole or some part thereof a highway district, and also require the clerk of the peace to send by post in a prepaid letter notices in the aforesaid form to the churchwardens or overseers of every parish mentioned in the said notice. Justices in quarter ses make pro Upon such requisition being complied with the sions may justices assembled at the court of general or quarter visional sessions mentioned in the notice may entertain such proposal, and make a provisional order dividing their county or some part thereof into highway districts, or constituting the whole or some part of their county a order. valid unless highway district, for the more convenient manage- Act '62, s. 5. ment of highways, but such order shall not be of any Order not validity unless it is confirmed by a final order of the confirmed justices assembled at some subsequent court of general order. or quarter sessions. by final Proposal to part of When it is proposed that only part of a county is to Act '64, 8.6. be constituted a highway district, not less than two constitute out of the five justices making such proposal shall be county a resident in the said district, or acting in the petty district. sessional division in which such district or some part thereof is situate. highway Districts to far as pos dent with In forming any highway districts, or in altering Act '78, s. 3. the boundaries of any highway districts, the county be made so authority shall have regard to the boundaries of the sible coincirural sanitary districts in their county, and shall, so rural sanifar as may be found practicable, form highway dis- tary districts. tricts so as to be coincident in area with rural sanitary districts, or wholly contained within rural sanitary districts. Extent of justices. All powers and jurisdictions vested in justices by Act '64, 8. 17. the Highway Act, 1862, and the Highway Act, powers of 1864, or either of such Acts, may from time to time be exercised in relation to highway districts, highway boards, and highway parishes already formed, as well as upon the occasion of forming new highway districts, boards, or parishes. REGULATIONS AS TO MAKING, ETC., OF ORDERS. The following regulations apply to the making, confirmation, and approval of the orders of justices for forming highway districts. On making order, sub 1. The justices making a provisional order under Act '66, s. 6. the Highway Act, 1862, must appoint some provisional subsequent court of general or quarter sessions, sequent court to be held within a period of not more than six pointed for to be ap Act '62. s. 6. confirmation. Clerk of the peace must send notice with notice of holding sessions. Justices may quash or confirm order, or respite to subsequent sessions. Provisional order to state parishes to be united, months, for the taking into consideration the confirmation of the provisional order by a final order. 2. The clerk of the peace must add to or send with the notice required by law to be given of the holding of courts of general or quarter sessions a notice in the form marked (B.) post. p. 120, in the schedule hereto, or as near thereto as circumstances admit, of the appointment so made by the justices in relation to the confirmation of the provisional order: 3. The justices assembled at the appointed court of general or quarter sessions may make a further order quashing the provisional order, or confirming it with or without variations, or respiting the consideration of such provisional order to some subsequent court of general or quarter sessions, provided— Firstly, that where the variations made extend to altering the parishes constituting any highway district or districts as formed in the provisional order, the order shall be deemed to be provisional only, and shall be dealt with accordingly: Secondly, that where a respite is made to any subsequent general or quarter sessions, the clerk of the peace shall give notice of such respite in manner in which he is required to give notice in respect of sessions at which a provisional or final order is proposed to be made: 4. The provisional order shall state the parishes to be united in each district, the name by which the district is to be known, and the number of waywardens (such number to be at least one) Act '62, s. 6. which each parish is to elect. name of district, and waywardens. Construction than one Where more highway districts than one are com- number of prised in any order of justices, whether provisional or Act '64, s. 4. final, and whether made before or after the passing of of order inthe Highway Act, 1864, the formation of each of such cluding more districts is to be deemed independent of the formation district. of any other district, and the order shall for all purposes be construed and take effect as if a separate order had been made in respect of each district; and any variation in a provisional order altering the parishes in any one or more districts comprised in that order shall make that order provisional only as to the particular district or districts in which the alterations are made, and not as to any other district or districts included in the same order. Id. s. 13. Jurisdiction to union of different Contiguous places situate in different counties and places situate partly in one county and partly in of justices as another county or counties shall, for the purpose of parishes in being united in one highway district, be deemed to be counties. subject to the jurisdiction of the justices of any county, who may make a provisional and final order constituting them an highway district, in the same manner as if all such places or parts of places were situate in such last-mentioned county; subject to this proviso, that the provisional and final orders of the justices of the said county shall be of no validity unless provisional and final orders to the same effect are passed either concurrently with or subsequently to the firstmentioned provisional and final orders by the justices of every other county in which any of the said places or parts of places are situate. First meet The first meeting of the highway board after theId. s. 10. formation of a district shall be held at such time as ing of board may be appointed by the provisional or final order of |