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place shall for the purposes of the Highway Act, 1862, Act '82, 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. Where part of a parish is not contiguous to the id. s. 33.
Outlying parish of which it is apart, such outlying part may part of
parish 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.
Any parish, township, tithing, hamlet or other place Act '64, s. . having a known legal boundary in which there are no which
highways highways repairable at the expense of the place, or in are not 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. 6. 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 '82, 8. 5.
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.
Upon such requisition being complied with the quarter sessions may justices assembled at the court of general or quarter
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
make provisional order.
valid unless confirmed by final
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 justices assembled at some subsequent court of general order. or quarter sessions.
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.
In forming any highway districts, or in altering Act '78, s. 8. 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.
All powers and jurisdictions vested in justices by Act '64, s. 17. the Highway Act, 1862, and the Highway Act, nowers of
justices. 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.
far as por
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. 1. The justices making a provisional order under Act '68, 5. 6.
making 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.
Clerk of the peace must send notice with notice of holding sessions.
Justices may quash or confirm order, or respite to subsequent sessions.
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 bereto, or as near thereto as circumstances admit, of the appointment so made by the justices in relation to the confirmation
of the provisional order:
general or quarter sessions may make a further
extend to altering the parishes constitut-
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
Provisional order to state parishes to be united,
name of district, and
Id. s. 13. Jurisdiction
waywardens (such number to be at least one) Act '62, s. 6.
which each parish is to elect. Where more highway districts than one are com- number of
waywardens. prised in any order of justices, whether provisional or Act 64, s. 4. final, and whether made before or after the passing of Construction
? the 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.
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 justicës of every other county in which any of the said places or parts of places are situate.
The first meeting of the highway board after the id: 6.10. formation of a district shall be held at such time as ing of board may be appointed by the provisional or final order of