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Definition

Act '62, n. 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.

(6) 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 en. tirely 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.

3. The word “parish” shall include any place mainof parish,” * highway taining its own highways (c); the expressions “highand a high-way district” and “ highway board" shall refer only to

highway districts formed and highway boards constituted in pursuance of this Act.

(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 conPrincipal

solidate and amend the Lans relating to highways in “ Highway

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. Power to 5. Any five or more justices of a county may by justices, in

writing under their hands require the clerk of the

way board.

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Definition of

Act" and

Acts"

quarter

assembled,

orders forming highway

peace to add to or send with the notice required by law Act '62, 6.5. 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 praeisifat made to the justices to divide the county or some part 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 overscers 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 (f).

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(d) It is a condition precedent to the formation of a district that notice be first sent to all parishes proposed

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.

as to the

of orders

• Sic.

Act '82, 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 :of justices,

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 pro

visional 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 pro

visional order:
3. The justices assembled at the appointed court of

general or quarter sessions may make a further
order quashing the provisional order, or con-
firming it with or without variations, or re-
spiting the consideration of such provisional
order to some subsequent court of general or
quarter sessions, provided-
Firstly, that where the variations made ex-

tend 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 (9): 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

a provisional or final order is proposed to Act '82, s.

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
waywardens (such number to be at least one)
which each parish is to elect(1):

5. (*) *

ő. Notice of the provisional and final orders shall (j)

as soon as possible after the making thereof be
given by the clerk of the peace, by publishing a
copy in the London Gazette and in one or more
newspapers circulating in the county, or if the
whole county is not affected by such order in
one or more newspapers circulating in the dis-
trict affected by such orders, and by sending a
copy by post in a prepaid letter to the overseers
of every parish within the proposed highway
district, and there shall be added to the notice
of the provisional order the date of the sessions
at which the confirmation of such order will be

considered. (9) Where more districts than one are comprised in the same order the formation of each district is to be deemed independent of the formation of any other, and the order is to take effect as if a separate order had been made for each district; and any variation in a provisional order altering the parishes in any one or more districts makes the order provisional only as to the particular district in which the alterations are made (27 & 28 Vict. c. 101. : S. 4).

(h) In Reg. v. JJ. of Yorkshire, W.R., 29 J. P. 440, 34 L. J.m, 227. A provisional order included the township of A. (which maintained its own poor) and assigned to it one waywarden: the · township, however, consisted of three hamlets, B., C. and D., each of which maintained its own highways, but no separate waywarden was assigned to each. And it was held that the order was bad, as the justices bad not made any order combining these hamlets, and in default of such combination, each of them, by sect. 3, was a separate parish. (See also Ex parte Kay, 29 J. P. . 259).

Restrictions on forma

way dis

triets,

Aet '62, s. 6. () This sub-section is repealed by 27 & 28 Vict. c. 101, s. 10,

(post, p. 126,) and other provisions substituted for it.

(3) But by 27 & 28 Vict. c. 101, s. 12, 10 such order shall be invali. dated by reason of its not being published in the London Gazette..

7. The following restrictions shall be imposed with tion of high- respect to the formation of highway districts in pur

suance of this Act:-
Firstly, there shall not be included in any highway

district formed in pursuance of this Act any of the
following places; that is to say:
Any part of a county to which the Act 23 & 24

Vict. c. 68, An Act for the better Manage-
ment and Control of the Highways in South

Wales, extends :
The Isle of Wight(k):
Any district constituted under the Public Health

Act, 1848, and the Local Government Act,

1858, or either of such Acts (1): (m) * Any parish or place within the limits of the

metropolis as defined by the Act 18 & 19 Vict.. c. 120, An Act for the better Local Man

agement of the Metropolis: Any parish or place, or part of a parish or place,

the highways whereof are maintained under the provisions of any Local (n) Act of Par

liament: Secondly, there shall not be included in any high

way district formed in pursuance of this Act any parish or place, or part of a parish or place, within the limits of a borough, without the consent, firstly, of the council of such borough, and, secondly, of the vestry of the parish which, or part of which,

is proposed to be included (o); Thirdly, where any parish separately maintaining its

own highways is situate in more than one county

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