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order of board, or rectify account.
costs to be paid by board and charged to
other than parish to
board may charge costs
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
JURISDICTION OF JUSTICES.
exercised in relation to
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
jurisdiction as in special
RECOVERY OF PENALTIES, AND
&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
UNDER HIGHWAYS AND LOCOMOTIVES (AMEND
MENT) ACT, 1878.
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
signed by appellant or solicitor.
place where the decision appealed from was
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,
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
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
and to apply rates for their repair.