Act '78, s. 37. sions holden not less than place where the decision appealed from was decision. notice to be 10 days to party and to summary (2.) The appellant shall, within ten days after the Written pronouncing by the court of the decision ap- given within pealed from, give notice to the other party the other and to the court of summary jurisdiction of court of his intention to appeal and of the ground jurisdiction, thereof; such notice of appeal shall be in of intention writing signed by the person or persons and of the giving the same, or by his, her, or their thereof, solicitor on his, her, or their behalf; and to appeal signed by appellant or solicitor. days after appellant to with two (3.) The appellant shall, within three days after such Within 8 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 give other deposit of may be from custody (4.) Where the appellant is in custody the justice Appellant may, if he think fit, on the appellant entering liberated into such recognizance or giving such security as aforesaid, release him custody: other on entering into recog from nizance, &c. adjourn ap confirm, &c., (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 the decision 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 matter to summary Act '78, s. 36. 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. Provisions Act to be Highways Acts. MISCELLANEOUS PROVISIONS. 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 to all highways which now are or may hereafter be under local paved, repaired, or cleansed under or by virtue of any or 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. Id. F. 45. Enabling certain 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 adopt parish several parishes or townships within which such roads and highways are situated, and who also contribute rates for and pay to the general rates levied for the repair of the public streets, roads, and highways maintained and highways and to apply their repair. the and kept in repair by the council of such boroughs, by Act '62. s. 45. reason whereof a great burthen is imposed upon ratepayers of the said parishes and townships; and it being doubtful whether the council of such boroughs have the power to adopt such parish roads and highways, or to apply the rates collected in such boroughs in repairing the same, be it enacted that it shall and may be lawful for the council of every such borough in England and Wales, upon the petition of the majority of the ratepayers of such parishes or townships present at a public meeting duly convened, to to adopt all or any of such parish roads and highways as the council shall in its discretion consider advisable, and to apply the rates levied and collected by the said council for the repair of the public streets, roads, and highways within such borough in repairing and maintaining such parish roads and highways: Provided always, that it shall be competent for such council, previous to adopting such parish roads and highways, to require the provisions contained in any local Act applying to the public streets, roads, and highways of such borough to be complied with. Sect. 74 of c. 50, re other pro made as to on highways. The 74th section of the Highway Act, 1835, shall Act, 64, s. 25. be repealed, and instead thereof be it enacted, if any 5 & 6 W.4. horse, mare gelding, bull, ox, cow, heifer, steer, calf, pealed, and mule, ass, sheep, lamb, goat, kid, or swine is at any visions time found straying on or lying about any highway, cattle found or across any part thereof, or by the sides thereof (ex- straying, &c. cept on such parts of any highway as pass over any common or waste or uninclosed ground) the owner or owners thereof shall, for every animal so found straying or lying, be liable to a penalty not exceeding five shillings, to be recovered in a summary manner, together with the reasonable expense of removing such animal from the highway where it is found to the Act '64, s. 25. fields or stable of the owner or owners, or to the Id. s. 51. As to en common pound (if any) of the parish where the same shall be found, or to such other place as may have been provided for the purpose: Provided always, that no owner of any such animal shall in any case pay more than the sum of thirty shillings, to be recovered as aforesaid, over and above such reasonable expenses as aforesaid, including the usual fees and charges of the authorized keeper of the pound: Provided also, that nothing in this Act shall be deemed to extend to take away any right of pasturage which may exist on the sides of any highway. From and after the passing of the Highway Act, croachment 1864, if any person shall encroach by making or causon highways. ing to be made any building, or pit, or hedge, ditch, or other fence, or by placing any dung, compost, or other materials for dressing land, or any rubbish, on the side or sides of any, carriageway or cartway within fifteen feet of the centre thereof, or by removing any soil or turf from the side or sides of any carriageway or cartway, except for the purpose of improving the road, and by order of the highway board, or, where there is no highway board, of the surveyor, he shall be subject on conviction for every such offence to any sum not exceeding forty shillings, notwithstanding that the whole space of fifteen feet from the centre of such carriageway or cartway has not been maintained with stones or other materials used in forming highways; and it shall be lawful for the justices assembled at petty sessions, upon proof to them made upon oath, to levy the expenses of taking down such building, hedge, or fence, or filling up such ditch or pit, and removing such dung, compost, materials, or rubbish, as aforesaid, or restoring the injury caused by the removal of such soil or turf, upon the person offending: Pro- Act '64, s. 51. vided always, that where any carriageway or cartway is fenced on both sides no encroachment as aforesaid shall be allowed whereby such carriageway or cartway shall be reduced in width to less than thirty feet between the fences on each side. Removal of appointment in certain Whereas doubts have arisen whether a surveyor of Act'78.5.25. highways can be appointed, in pursuance of the High- doubt as to way Act, 1835, for a parish which does not maintain any of surveyors highway be it therefore enacted, that it shall be lawful parishes. for the inhabitants in vestry assembled of any parish or place having a known legal boundary (notwithstanding that the inhabitants at large are not for the time being liable to maintain any highway or to contribute to any rate applicable to the maintenance of highways), or on the neglect or refusal of such inhabitants for the justices at a special sessions for the highways or in petty sessions assembled, at any time to exercise all the powers of the Highway Acts with respect to the election or appointment of a surveyor of highways with or without a salary for such parish or place: and any surveyor so elected or appointed shall have all the powers and duties (including the power of making, assessing, and levying of highway rates) of a surveyor under the Highways Acts. of Id. s. 27. the Application of 7 & 8 Geo. 4, c. 24, s. 18, of with respect to minerals, piked roads Notwithstanding anything contained in sect. 68 the Public Health Act, 1848, or in sect. 149 of Public Health Act, 1875, all mines and minerals any description whatsoever under any disturnpiked road to disturnor highway which has or shall become vested in an and to high urban sanitary authority by virtue of the said sections, ways. or either of them, shall belong to the person who would be entitled thereto in case such road or highway had not become so vested, and the person entitled to |