order of board, or rectify account.

Id. s.43.

costs to be paid by board and charged to

within their

other than parish to

board may charge costs

which ap

pellant, if a


Act '04, s. 42. of any appeal under this Act, confirm, reverse, or modify

any order of the highway board, or rectify any account appealed against.

If the appellant is successful, the costs shall, unless If appellant the court otherwise orders, be paid by the board, and

shall be charged to the parishes within the jurisdiction

of the board other than the parish to which the appelparishes lant belongs in the same proportions in which such jurisdiction parishes contribute to the common fund of the board.

If the appellant is unsuccessful, the board, if the lant belongs. waywarden be the appellant, may charge the costs of If appellant, the appeal to the parish to which the appellant belongs,

in the same manner as if they were expenses incurred to parish to in repairing the roads in such parish, and may levy the

sum accordingly, and may carry the sum so levied to wery warden, the account of the several parishes within the jurisdic.

tion of the board, other than the parish to which the appellant waywarden belongs, in the same manner as

if they were expenses contributed by such parishes to If appellant the common fund of the board; but if some ratepayer payer other other than the waywarden is the appellant, the court waywarden, may order the costs of the appeal to be paid by such order costs to appellant; and such costs shall be recoverable in he be paid by appellant. same manner as a penalty is recovered under “The

Highway Act, 1862.”

Places situate in different counties, and places situate partly in one county and partly in another county,

when united in one highway district, shall, for all matunited in one ters connected with the provisions of the Highway Act, district, are 1864, relating to appeals to quarter sessions against

accounts, be deemed to be subject to the jurisdiction of the justices of the county in which the district is situate

to which such places shall have been united by any be subject to provisional and final order or orders, or to which after jurisdiction

the passing of that Act any such district shall be de

be a rate

Id. s.44. Places situate in different counties, &c., when

for matters relating to appeals against accounts, deemed to

clared to be subject by the orders constituting the same, Act'04, s. 44. in the same manner as if all such places or parts of of justices

of county in places were situate in such county.


which district is


Powers, &c.,


exercised in relation to

future high

tricts, &c.

No justice of the peace shall act as such in any mat- Act°82, s. 38.

Limitation. ter in which he has already acted as a member of the highway board, and in which the decision of such board is appealed against.

All powers and jurisdictions vested in justices by Act '64, 6. 17. the Highway Act, 1862, and the Highway Act, 1864, may be or either of such Acts, may from time to time be cised in relation to highway districts, highway boards, existing and and highway parishes already formed, as well as upon way disa the occasion of forming new highway districts, boards, or parishes.

The justices assembled in petty sessions at their usual place of meeting may exercise any jurisdiction petty sessions which they are authorized under the Highway Acts or cise same any of them to exercise in special sessions; And no justice of the peace shall be disabled from sessions.

No justice acting as such at any petty or special or general quar- disabled ter sessions in any matter merely n the ground that he merely on is by virtue of his office a member of any highway being ex

of board complaining, interested, or concerned in such efficio matter, or has acted as such at any meeting of such highway board.

Id. s. 46. Justices in

may exer

jurisdiction as in special

from acting


member of




&c., recoverable before

Act'62, s. 47.

UNDER HIGHWAY Act, 1862. Penalties,

All penalties under the Highway Act, 1862, and all two justices.

moneys recoverable as penalties, may be recovered summarily, before any two or more justices in the manner directed by the Act 11 & 12 Vict. c. 43, and any

Act amending the same; but where any sum adjudged to Appeal to

be paid under this Act in respect of such penalties or

moneys exceeds five pounds, an appeal may be had by judged to he any person aggrieved to a court of general or quarter paid exceeds

sessions in manner provided by the 110th section of the Act 24 & 25 Vict. c. 96, An Act to consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar Offences.

quarter sessions if sum ad


Act '78, s. 36. Fines and expenses recoverable


MENT) ACT, 1878.
All offences, fines, and expenses under the Highways.

and Locomotives (Amendment) Act, 1878, or any byebefore court law made in pursuance of that Act, may be prosecuted, jurisdiction. enforced, and recovered before a court of summary

jurisdiction in manner provided by the Summary Jurisdiction Acts.

If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdiction on determining any information or complaint under this Act, the party so aggrieved may appeal therefrom,

subject to the conditions and regulations following: Appeal to (1.) The appeal shall be made to the next practicable

court of quarter sessions for the county or

Id.s, 37. Appeal to quarter sessions.

next practicable ses

Act '78, s. 37.

not less than


notice to be


to appeal


signed by appellant or solicitor.

days after

appellant to

place where the decision appealed from was
given, holden not less than twenty-one days sions holden
after the decision of the court from which the 21 days after

appeal is made; and (2.) The appellant shall, within ten days after the Written pronouncing by the court of the decision ap- given within

10 days to pealed from, give notice to the other party the other and to the court of summary jurisdiction of panty and to his intention to appeal and of the ground jurisdiction, thereof; such notice of appeal shall be in intention writing signed by the person or persons andunfathe giving the same, or by bis, her, or their thereof,

solicitor on his, her, or their bebalf; and (3.) The appellant shall, within three days after such within 3

notice, enter into a recognizance before a jus- notice,
tice of the peace, with two sufficient sureties, enter into
conditioned personally to try such appeal, and recognizance
to abide the judgment of the court thereon, sureties, or
and to pay such costs as may be awarded security by
by the court, or give such other security money, &c.
by deposit of money or otherwise as the

justice may allow; and (4.) Where the appellant is in custody the justice Appellant may, if he think fit, on the appellant entering liberated

from custody into such recognizance or giving such other on entering security as aforesaid, release him from

custody: (5.) The court of appeal may adjourn the appeal Court may

and upon the hearing thereof they may con- peal, and
firm, reverse, or modify the decision of the contirm, &c.,
court of summary jurisdiction, or remit the or remit the
matter to the court of summary jurisdiction Court of
with the opinion of the court of appeal jurisdiction


into recog

nizance, &c.

adjourn ap


Act'78, 8. 36.

with opinion of court of appeal, &c. If matter remitted, court of summary jurisdiction to re-hear and decido according to opinion of court of appeal. Court of appeal may make order as to costs.

thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisdiction the said last-mentioned court shall thereupon re-hear and decide the information or complaint in accordance with the opinion of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just.


Act '62, s. 44.



All the provisions of the Principal Act for widening, of Principal diverting, and stopping up highways shall be applicable applicable to tó all highways which now are or may hereafter be under local paved, repaired, or cleansed under or by virtue of any a personal local or personal Act or Acts of Parliament, or which

may be situate within the limit of any such Act or Acts, except highways which any railway company, or the owners, conservators, commissioners, trustees, or undertakers of any canal, river, or inland navigation, are liable by virtue of any Act of Parliament relating to such railway, canal, river, or inland navigation to make, maintain, repair, or cleanse.

Whereas there are in certain boroughs in England councils of and Wales roads and highways that are now and have boroughs to heretofore been repaired by the inhabitants of the adap parish several parishes or townships within which such roads highways

and highways are situated, and who also contribute and pay to the general rates levied for the repair of the public streets, roads, and highways maintained

Id. f. 45. Enabling


roads and

and to apply rates for their repair.

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