Act '64, s. 39. of the matters and upon the grounds hereinbefore mentioned. Conditions of appeal. Notice of appeal must be served ou clerk of the board within two months after order, or within one month after statement of account. Notice must state ground of appeal. Board may serve coun- No appeal can be entertained by any court of general or quarter sessions in pursuance of the Highway Act, 1864, unless the following conditions have been complied with: (1.) Notice of the intention of appeal must be served by the appellant on the clerk of the highway board in the case of an appeal against an order within two months after the order, and in the case of an appeal in respect of any item of expense or contribution within one month after the statement of the account of the board has been sent to each member of the board as mentioned in sect. 36 of the Highway Act, 1864: (2.) The notice must state the matter appealed: against, and the ground of the appeal. On the receipt of the notice the board may serve a counter notice on the appellant, requiring him to appear in person or by his agent at the next meeting of the board, and support his appeal. On hearing the appellant the board may rectify the matter complained of, Board may and if they do so to a reasonable extent, and tender to the appellant a reasonable sum for the costs of his attendance, it shall not be lawful for the appellant to proceed with his appeal. In any other case the appellant may proceed with his appeal, and the reasonable costs of his attendance on the board shall be deemed. rectify matter com plained of; and on tender of costs of attendance, appellant cannot proceed with appeal. On proceed- part of the costs of the appeal. ing with appeal costs If at any time after notice of appeal has been given of attendance it appears to the court of general or quarter sessions, deemed costs on the application of either party in the on board of appeal. presence of or in question mere matter may order after notice has been given to the other party, that the Act '64, s. 40. matter in question in such appeal consists wholly or in If the matter part of matters of mere account which cannot be satis- consists of factorily tried by the court, it shall be lawful for such of account, court to order that such matters, either wholly or in &c., court part, be referred to the arbitration of one or more per- referred to sons, to be appointed by the parties, or in case of arbitration. disagreement, by the court; and the award made on Award such arbitration shall be enforceable by the same pro- like order of cess as the order of the court of quarter sessions. it to be enforceable court. Id. s. 41. Provisions of 17 & 18 Vict. c. 125, The provisions of "The Common Law Procedure Act, 1854," relating to compulsory references, shall be deemed to extend to arbitrations directed by the court relating to of quarter sessions; and the word "court" in the said references, Act shall be deemed to include the court of quarter incorporated. sessions. compulsory Id. s. 42. If question in dispute involves to whether not a high may decide the question, or empanel submit such If upon the hearing of the appeal it appears to the court that the question in dispute involves an inquiry as to whether a road is or is not a highway repairable inquiry as by the public, or an inquiry as to any other important road is or is matter of fact, the court may either themselves de- way, &c, cide such question, or may empanel a jury of twelve &c., court disinterested men out of the persons returned to serve as jurymen at such quarter sessions, and submit to such a jury, and jury such questions in relation to the matters of fact questions as in dispute as the court think fit; and the verdict of fit. such jury, after hearing the evidence adduced, shall clusive as to be conclusive as to the questions submitted to them. submitted to The questions so submitted shall be in the form and jury. shall be tried as nearly as may be in the manner in be submitted which feigned issues are ordinarily tried, and the court of feigned shall decide the parties to be plaintiffs and defendants in such trials. they think Verdict con questions Questions to in the form issues. Subject as aforesaid, the court may, upon the hearing Cout may confirm, &c., Act '64, s. 42. of any appeal under this Act, confirm, reverse, or modify any order of the highway board, or rectify any account appealed against. order of board, or rectify account. Id. s. 43. successful, costs to be paid by board and charged to parishes within their other than 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 appellant 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 pellant, if a sum accordingly, and may carry the sum so levied to waywarden, the account of the several parishes within the jurisdic parish to which appel unsuccessful, board may charge costs which ap belongs. be a rate 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 same manner as a penalty is recovered under "The Highway Act, 1862." than the court may be paid by appellant. Id. s. 44. Places situate in different counties, &c., when highway district, are 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, 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 for matters relating to appeals against accounts, deemed to clared to be subject by the orders constituting the same, Act'64, s. 44. in the same manner as if all such places or parts of of justices places were situate in such county. of county in which district is situate. JURISDICTION OF JUSTICES. Limitation. No justice of the peace shall act as such in any mat- Act '62, s. 38. 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. Act '64, 8.17. may be Powers, &c., exercised in All powers and jurisdictions vested in justices by the Highway Act, 1862, and the Highway Act, 1864, or either of such Acts, may from time to time be exer- relation to cised in relation to highway districts, highway boards, existing and and highway parishes already formed, as well as upon way disthe occasion of forming new highway districts, boards, or parishes. future high tricts, &c. Id. s. 46. Justices in petty sessions The justices assembled in petty sessions at their usual place of meeting may exercise any jurisdiction which they are authorized under the Highway Acts or cise same any of them to exercise in special sessions; may exer jurisdiction as in special No justice from acting ground of And no justice of the peace shall be disabled from sessions. 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 board complaining, interested, or concerned in such efficio matter, or has acted as such at any meeting of such highway board. member of board. RECOVERY OF PENALTIES, AND Act '62, s. 47. Penalties, &c., recoverable before UNDER HIGHWAY ACT, 1862. 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 be paid under this Act in respect of such penalties or moneys exceeds five pounds, an appeal may be had by judged to be any person aggrieved to a court of general or quarter 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. Appeal to quarter sessions if sum ad paid exceeds £5. Act '78, s. 36. expenses UNDER HIGHWAYS AND LOCOMOTIVES (AMEND- 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. of summary Id. s. 37. Appeal to quarter sessions. Appeal to next practicable ses 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:(1.) The appeal shall be made to the next practicable court of quarter sessions for the county or |