Act '02, s. 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 qualified: (6.) No member of a board, by being party to, or executing 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 execution of the powers granted to them: (u) In addition to the parties here mentioned justices acting Act '62, s. 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). (x) 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. ELECTION OF WAYWARDENS. waywar 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 district there shall be elected (b) 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 Act '62, s. 10. trict at the meeting and time and in the manner and subject to the same qualification and the same power of appointment in the justices in the event of no election taking place, or in the event of a vacancy, at, in, and subject to which a person or persons to serve the office of surveyor would have been chosen or appointed if this Act had not passed (d): The justices shall in their provisional order make provision for the election of a waywarden or waywardens in places where no surveyor or surveyors were elected previously to the place forming part of a highway district (e): A waywarden shall continue to act until his successor is appointed, and shall be re-eligible. (a) This applies to every township or hamlet, &c., within the parish maintaining its own highways, unless combined by an order under sect. 7 (See Reg. v. JJ. of Yorkshire, W. R., 29 J. P. 440; 34 L. J. m, 227, note (h), ante, p. 85, and Ex parte Kay, 29 J. P. 259.) (b) In Reg. v. Cooper, L. R. 5 Q. B. 457; 35 J. P. 37, the election was held to be incomplete in consequence of a failure to take the poll arising from a notice, made in mistake, that one of the candidates declined to stand. (c) Before taking his seat, a waywarden must produce a certificate of having been duly elected, &c., signed by the chairman of vestry, &c., and he may sit for more places than one, but is only entitled to one vote (27 & 28 Vict. c. 101, s. 19). He is prohibited from contracting for the repair of roads, or for any other work to be executed within his own district (26 & 27 Vict. c. 61, s. 1); but may contract for the supply or cartage of materials, with the license of two justices (27 & 28 Vict. c. 101, s. 20), and with the consent of the inhabitants, in vestry, he may appoint a paid collector of highway rates (Id. s. 31). He continues in office till the 30th of April, in the year following that in which he was elected, and on that day his successor comes into office (41 & 42 Vict. c. 77, s. 11). (d) These matters are provided for by 5 & 6 Will. 4, c. 50, ss. 6, 7, 11. (e) By 27 & 28 Vict. c. 101, s. 10, where, previously to the passing of the provisional order forming a highway district, no surveyors or waywardens have been elected within any highway parish in that district, and where the mode of electing a way- Act '62, s. 10.warden or waywardens in such parish is not provided for by this Act, or the Highway Act, 1862, the justices shall by their provisional and final orders constituting the district, or by any subsequent provisional and final orders, make provisions for the annual election of a waywarden or waywardens for such parish. CONSEQUENCES OF FORMATION OF HIGHWAY quences of 11. At and after the first meeting in any highway Conse district of the board of such district the following establishconsequences shall ensue : All such property, real and personal (g), including all interests, easements, and rights in, to, and out of property, real and personal, and including things in action, as belong to or are vested in, or would but for this Act have belonged to or been vested in, any surveyor or surveyors of any parish forming part of the district, shall pass to and vest in the highway board of that district for all the estate and interest of such surveyor or surveyors as aforesaid, but subject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of any property transferred to the highway board may be enforced against the board to the extent of the property transferred: All such powers (h), rights, duties, liabilities, capacities, and incapacities (i) (except the power of making, assessing, and levying highway rates), as are vested in or attached to, or would but for this Act have become vested in or attached to, any surveyor or surveyors of any parish forming part of the district, shall vest in and attach to the highway board (k) : ment of highways board. Act '62, s. 11. Power to highway board to appoint officers. All property by this Act transferred to the board shall be held by them upon trust for the several parishes or places now maintaining their own highways within their district to which such property belongs, or for the benefit of which it was held previously to the formation of the district. (f) As to the consequences of a rural sanitary authority exercising the powers of a highway board, see 41 & 42 Vict. c. 77 s. 5. (g) This includes all books, papers, writings and accounts, materials, tools and implements, &c., mentioned in 5 & 6 Will. 4, c. 50, ss. 41, 42. (h) This section, combined with the 17th section, infra, enables a highway board to license a gas company to open the highway and lay down gas pipes; and to recover the sum agreed to be paid for the grant of such license (Edgeware Highway Board v. Harrow Gas Company, L. R. 10 Q. B. 92, 38 J. P. 806). (i) By sect. 43 (3), infra, the board, for all the purposes of the Principal Act, except that of levying highway rates, are deemed to be the successor in office of the surveyor of every parish within the district. But by 27 & 28 Vict. c. 101 s. 20, the 46th section of that Act, 5 & 6 Will. 4 c. 50 (as to contracts for purchasing, getting, and carrying materials, &c.), is not to apply to the highway board of, or to any parish within, any highway district. (k) But the outgoing surveyor's powers continue so far as relates to the recovery of any outstanding rate (R. v. Bluffield, 29, J. P. 245). It may also be mentioned that any agreement or contract made or entered into pursuant to the Highway Acts for or relating to the making, maintaining, or repairing of highways is subject to a 6d. stamp (33 & 34 Vict. c. 97 s. 3 and sched). APPOINTMENT OF OFFICERS. 12. The highway board of a district shall, at their first meeting or at some adjournment thereof, by writing under their seal (1) appoint a treasurer, clerk, and district surveyor (m); they may also at any meeting, if they think fit, appoint an assistant surveyor; they may from time to time remove any of such officers, and appoint others in the room of such as may |