a provisional or final order is proposed to Act '02, 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():

5. (i) *

6. 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 district 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.

(g) 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 had 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).

Act '82, s. 6.

(i) This sub-section is repealed by 27 & 28 Vict. c. 101, s. 10, (post, p. 126,) and other provisions substituted for it.

(j) But by 27 & 28 Vict. c. 101, s. 12, no such order shall be invalidated by reason of its not being published in the London Gazette.Restrictions 7. The following restrictions shall be imposed with tion of high- respect to the formation of highway districts in pursuance of this Act::

on forma

way dis

tricts.

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 Management 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 Parliament:

Secondly, there shall not be included in any highway 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 itsown highways is situate in more than one county

the whole of such parish shall, for the purposes of Act '62, s. 7.
this Act, be deemed to be within the county within
which the church of such parish, or (if there be

no church) the greater part of such parish, is
situate (p):

Lastly, where a parish separately maintaining its
own poor is divided into townships, tithings,
hamlets, or places, each of which separately main-
tains its own highways, it shall be lawful for the
justices, if they think fit, in their provisional order
to combine such (q) townships, tithings, hamlets,
and places, and to declare that no separate way-
wardens shall be elected from such townships,
tithings, hamlets, and places, and that such parish
shall be subject to the same liabilities in respect
of all the highways within it which were before
maintained by such townships, tithings, hamlets,
and places separately, as if all their several liabi-
lities had attached to the whole parish; and that
a waywarden or waywardens shall be elected for
such parish as a whole; and where such order is
made, all the provisions herein contained in rela-
tion to parishes within the meaning of this Act
shall be applicable to the parish formed by such
combination (r).

(k) The repair of roads and highways in the Isle of Wight is provided for by the local Act 53 Geo. 3, c. xcii.

(1) But 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 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 (27 & 28 Vict. c. 101, s. 5).

And where any local government district or any other place is

Act '62, s. 7. surrounded by or adjoins a highway district constituted under the Highway Acts, the first mentioned district or other place, for the purpose of any meeting of the highway board, is deemed to be within the highway district (26 & 27 Vict. c. 17, s. 6).

Rules as to objections and evidence.

(m) This paragraph, prohibiting the inclusion of certain parishes, &c., under the superintendence of a board established under 5 & 6 Will. 4, c. 50, s. 18, is repealed by 41 & 42 Vict. c. 77, s. 12.

(n) "Local Act," as here used, does not include turnpike Acts (26 & 27 Vict. c. 94, s. 1).

(0) But see 27 & 28 Vict. 101, s. 8, as to places partly within and partly without a borough.

(p) But see 27 & 28 Vict. c. 101, s. 13, as to union of places in different counties.

(9) Or any two or more of such townships, &c., and any combination so formed is, for all purposes of the Highway Acts, deemed to be a highway parish (27 & 28 Vict. c. 101, s. 7).

(r) But if no such order is made, each township, &c., must be treated as a separate parish, and have a waywarden assigned to it (Reg. v. JJ. of Yorkshire, W. R., 29 J. P. 440, 34 L. J. m, 227, note (h), p. 85, supra).

LEGAL OBJECTIONS TO FORMATION OF DISTRICT.

8. No objection shall be made at any trial or in any legal proceeding to the validity of any orders or proceedings relating to the formation of a highway district, after the expiration of three calendar months from the date of the publication in the Gazette of the order under which the district is formed (s); and the production of a copy of the London Gazette, containing a copy of the order of justices forming a highway district (t) shall be receivable in all courts of justice, and in all legal proceedings, as evidence of the formation of the district and of the matters in the said order mentioned.

(s) The words, "the date of the publication in the Gazette of the order under which the district is formed," are virtually repealed by 27 & 28 Vict. c. 101, s. 12, and the words, "the date of the making of the final order under which the district is formed," are substituted for them. It appears from Reg. v. JJ. Lindsey, 30 J. P. 86, that where the order is objected to, it is sufficient to obtain a rule for a certiorari within three months from the date of the final order.

(t) And by 27 & 28 Vict. c. 101, s. 12, any copy of the pro- Act '62, s. S. visional or final order of the justices forming a highway district, certified under the hand of the clerk of the peace to be a true copy, is receivable in evidence in all respects, as a copy of the London Gazette is receivable under this section.

HIGHWAY BOARD.

of highway

9. There shall be enacted, with respect to the con- Constitution stitution of the highway board in each highway board. district, the provisions following (that is to say)::(1.) The highway board shall consist of the waywardens elected in the several places within the district, in manner hereinafter mentioned, and of the justices acting for the county and residing within the district (u): (2.) The board shall be a body corporate, by the name of the highway board of the district to which it belongs, having a perpetual succession and a common seal, with a power to acquire and hold lands (v) for the purposes of the Highway Acts, without any license in mortmain:

(3.) No act or proceeding of the board shall be questioned on account of any vacancy or vacancies in their body (x):

(4.) No defect in the qualification or election of any person or persons acting as members or member of the board or committee of a board shall be deemed to vitiate any proceedings of such board in which he or they have taken part in cases where the majority of members parties to such proceedings are duly entitled to act:

(5.) Any minute made of proceedings at meetings of the board or of committees of the board, if signed by any person purporting to be