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the whole of such parish shall, for the purposes of Act '02, 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 (9) 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 '82, 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).

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of certain parishes, &c., under the superintendence of a board established under 5 & 6 Will. 4, c. 50, s. 18, is repealed by 41 & 42 Vict.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

Rules as to objections and evidence,

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.

(8) 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.

a

a

(t) And by 27 & 28 Vict. c. 101, s. 12, any copy of the pro• Act '02. s. 8. 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.

.

9. There shall be enacted, with respect to the con- Constitution

or highway 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 ():
(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 suc-
cession 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 va

cancies in their body (x):
(4.) No defect in the qualification or election of any

person or persons acting as members or mem-
ber 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

:

Act '02, 5, 9.

the chairman of the board or committee of the board, either at the meeting of the board or committee of the board at which such proceedings took place, or at the next ensuing meeting of the board or committee of the board, shall be receivable in evidence in all legal proceedings without further proof; and until the contrary is proved every meeting of the board or committee of the board in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held, and all the members thereof to have been duly quali

fied : (6.) No member of a board, by being party to, or exe

cuting in his capacity of member, any contract or other instrument on behalf of the board, or otherwise lawfully (y) exercising any of the powers given to the board, shall be subject to be tried or prosecuted, either individually, or with others, by any person whomsoever; and the bodies or goods, or

' lands of the members shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into, tried or executed by them, or by reason of any other lawful Act done by them in execution of any of the powers of the board ; and the members of the board may apply any moneys in their hands for the

purpose

of indemnifying themselves against any losses, costs, or damages they may incur in execu

tion of the powers granted to them : (7.) (2)

(2) In addition to the parties here mentioned justices acting Act ’62, 8. 9.. for the county and resident in any place which is prohibited by the 7th section from being included in a district, and is surrounded by or adjoins in any part a highway district, are ex officio members of the highway board of such district, subject to certain qualifications (27 & 21 Vict. c. 101, s. 29).

(v) They may purchase such lands, or easements relating to lands, as they require for the purpose of improving the highways within their district (27 & 28 Vict. c. 101, s. 53).

(2) The proceedings of the board are regulated by the provisions contained in the 1st schedule to 27 & 28 Vict. c. 101.

(y) In Mill v. Hawker, L. R.9 Ex. 309, the Court of Exchequer (Kelly, C. B., dissenting) held that in the case of an illegal resolution requiring the plaintiff to remove a lock from a gate placed across a path running through land in his occupation, and of a subsequent removal of the lock by the surveyor by order of the board, the members of the board who concurred in the resolution were personally responsible; and that the fact that the surveyor was by 25 & 26 Vict. c. 61, s. 16, bound to obey the orders of the board, did not excuse him if in obeying their orders he did an unlawful act. On appeal, it was held by the Exchequer Chamber that the surveyor was liable, but no opinion was expressed as to the liability of the members of the board (10 Ex. (Ex. Ch.) 92).

(2) This sub-section, providing that the rules contained in the schedule should be observed, is repealed by the Statute Law Revision Act, 1875. The schedule containing the rules of proceedings of the board had been previously repealed by 27 & 28 Vict. c. 101, s. 27, which also provided that the proceedings of the board should be subject to the regulations in the 1st schedule to that Act, post, p. 161.

waywar

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ELECTION OF WAYWARDENS. 10. The following regulations shall be observed Election of with respect to the election of waywardens in highway dens. districts : In every parish (a) forming part of a highway dis

trict there shall be elected (6) every year for the
year next ensuing a waywarden or such number of
waywardens as may be determined by order of

the justices (c):
Such waywarden or waywardens shall be elected

in every parish forming part of a highway dis

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