Act '78, s. 27. This section extends Wight, and any such mine or minerals shall have the same powers of working and of getting and carrying away the same or other minerals as if the road or highway had not become vested in the urban sanitary authority, but so nevertheless that in such working no damage shall be done to the road or highway. This section extends to the Isle of Wight and to to the Isle of South Wales, as defined by the said Act of 23 & 24 South Wales. Vict. c. 68, " An Act for the better management and control of the highways in South Wales." HIGHWAY ACT, 1862. 25 & 26 VICT. c. 61. An Act for the better Management of Highways WHEREAS it is expedient to amend the law relating to PRELIMINARY. 1. This Act shall not extend to Scotland or Ireland. Limits of Act. 66 county" rough." 2. The word "county" in this Act shall not include Definition of a "county of a city" or "a county of a town," but where and "boa county, as herein before defined, is divided into ridings. or other divisions having a separate court of quarter sessions of the peace, it shall mean each such division or riding, and not the entire county; and for the purposes of this Act all liberties and franchises, except the liberty of Saint Albans, which shall be considered a county, and except boroughs as hereinafter defined, shall be considered as forming part of that county by which they are surrounded (b), or if partly surrounded by two or more counties, then as forming part of that county with (a) This Act, so far as is consistent with its provisions, is to be construed as one with 5 & 6 Will. 4, c. 50 (sect. 42, sub-sect. 1). And the Highway Act, 1864, so far as is consistent with the tenor thereof, is to be construed as one with this Act. (27 & 28 Vict. c. 101, s. 2). G Act '62, s. 2. which they have the longest common boundary; the word "borough" shall mean a borough as defined by the Act 5 & 6 Will. 4, c. 76, "for the Regulation of Municipal Corporations in England and Wales," or any place to which the provisions of the said Act have been or shall hereafter have been extended. of "parish," district," (b) In Giles v. Glubb, 30 J. P. 38, it was held that L., an ancient borough, separately maintaining its own poor and highways, which had charters with non-intromittant clauses, and was entirely surrounded by the county of C., was properly included by the justices of the county within a highway district under sect. 5, notwithstanding the non-intromittant clause: and further, that the justices of the county of C. had jurisdiction to enforce payment of a contribution under a precept from the highway board, and also that in an order including the parish or place of L., the borough of L." was sufficiently described. Definition 3. The word "parish" shall include any place main"highway taining its own highways (c); the expressions "highand "high- way district" and "highway board" shall refer only to highway districts formed and highway boards constituted in pursuance of this Act. way board." (c) See Giles v. Glubb, 30 J. P. 38, supra, that the borough of L. is a parish within this definition. See also 27 & 28 Vict. c. 101, s. 3, as to definitions of "poor law parish," "highway parish," "highway rate" and "county." See also sects. 32 & 33 (infra), and 27 & 28 Vict. c. 101, s. 5, as to what places shall be considered as separately maintaining their own highways. 4. The Act 5 & 6 Will. 4, c. 50, An Act to consolidate and amend the Lan's relating to highways in that Part of Great Britain called England, is hereinafter distinguished as "the Principal Act;" and this Act and the Principal Act, and the other Acts amending the Principal Act, are hereinafter included under the expression "the Highway Acts." FORMATION OF HIGHWAY DISTRICTS. 5. Any five or more justices of a county may by writing under their hands require the clerk of the quarter assembled, orders highway peace to add to or send with the notice required by law Act'62, s. 5. to be given of the holding of courts of general or quarter general or sessions a notice in the Form marked (A.) in the sessions Schedule, or as near thereto as circumstances admit, to issue that at the court therein mentioned a proposal will be provisional made to the justices to divide the county or some part forming thereof into highway districts, or to constitute the whole istricts. or some part thereof a highway district, and also require the clerk of the peace to send by post in a prepaid letter notices (d) in the aforesaid form to the churchwardens or overseers of every parish mentioned in the said notice; and upon such requisition being complied with the 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 highway district, for the more convenient management of highways (e), but such order shall not be of any validity unless it is confirmed by a final order of the justices assembled at some subsequent court of general or quarter sessions (ƒ). * * (d) It is a condition precedent to the formation of a district that notice be first sent to all parishes proposed to be included; and the order is bad if any parish has been omitted (Reg. v. JJ. of Sussex, 28 J. P. 469). (e) The 39th section (infra) provides for the alteration of districts by the addition or subtraction of parishes, and the union of existing districts, &c., and 27 & 28 Vict. c. 101, s. 14, extends the powers conferred by that section to the separation of any consolidated townships, &c. All provisions with respect to the formation of districts, &c., &c., extend to such alterations. (f) The proviso to this section is repealed by 27 & 28 Vict. c. 101, s. 6 (post, p. 124), and other provisions made in lieu of it. As regards the union of parishes in different counties, see 27 & 28 Vict. c. 101, s. 13. Act '62, s. 6. 6. The following regulations shall be enacted as to Regulations the making, confirmation, and approval of the orders of making, &c., justice for forming highway districts : as to the of orders of justices. • Sic. 1. The justices making a provisional order under this Act shall appoint some subsequent court of general or quarter sessions, to be held within a period of not more than six months, for the taking into consideration the confirmation of the provisional order by a final order : 2. The clerk of the peace shall 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.) in the Schedule hereto, or as near thereto as circumstances. admit, of the appointment so made by the justices in relation to the confirmation of the provisional order: 3. The justices assembled at the appointed court of general or quarter sessions may make a further order quashing the provisional order, or confirming it with or without variations, or respiting the consideration of such provisional order to some subsequent court of general or quarter sessions, provided— Firstly, that where the variations made extend to altering the parishes constituting any highway district or districts as formed. in the provisional order, the order shall be deemed to be provisional only, and shall be dealt with accordingly (g): 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 |