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CONTENTS.
Preface
Corrigenda
Table of cases
Index
PAGE
iii
xxii xxiii. 245
CONSOLIDATED ABSTRACT of Highway Acts, 1862
and 1864, and of the Highways and Locomotives
(Amendment) Act, 1878, so far as it relates to
Highways
Preliminary
Limits of Acts
Application of 41 & 42 Vict. c. 77
Definitions
Interpretation of 41[& 42 Vict. c. 77
Places separately maintaining highways
HIGHWAY DISTRICTS-
Formation
Regulations as to making, &c., of orders
Restrictions on formation
Alteration of districts
Validity and evidence of order of formation
Highway Board
Waywardens
Consequences of formation
Application of Principal Act
Appointment and duties of officers
Rural sanitary authority
Consequences of rural sanitary authority exercising
powers of highway board
8
9
14
17
19
21
26
28
30
32
36
-
37
MAINTENANCE AND REPAIR OF HIGHWAYS-
Duties and powers of Highway Boards
39
Defaults by highway authority
42
Main roads
44
Bridges
48
Extraordinary traffic
49
Discontinuance of unnecessary highways
50
Improvements
53
Highways repairable ratione tenuræ, and private roads 56
Bye-laws
59
Local Government Board
61
DISTRICT FUND, AND EXPENSES OF HIGHWAY
BOARD
Expenses-How charged
62
Mode of obtaining payment
64
Accounts and audit
67
Appeal to spécial sessions
68
Appeal to quarter sessions
JURISDICTION OF JUSTICES
73
RECOVERY OF PENALTIES, AND APPEALS-
Under Highway Act, 1862
74
Under Highways and Locomotives (Amendment) Act,
1878
MISCELLANEOUS PROVISIONS
76
THE HIGHWAY ACT, 1862, 25 & 26 Vict. c. 61,
Preliminary.
SECT.
1. Limits of Act--
2. Definition of " county” and “borough”
3. Definition of “parish," “highway district," and
“highway board”
4. Definition of “ Principal Act” and “ Highway Acts”.
81
82
Formation of Highway Districts.
5. Power to justices in-general or quarter sessions to issue
provisional orders for forming highway districts
6. Regulations as to the making, &c., of orders of justices
7. Restrictions on formation of highway districts
84
86 SECT.
Legal Objections to Formation of District.
8. Rules as to objections and evidence
88
Consequences of Formation of Highway District,
11. Consequences of establishment of highway board
93
Accounts.
25, 26 Repealed.
27. Clerk to transmit statement to Secretary of State
Penalty for neglect
28. Abstract of statements to be laid before Parliament
29. Secretary of State may cause form of statement to be
prepared
30. Repealed.
103
104
104 SECT.
31. Officers appointed by highway board to account to
them when required
Supplemental Provisions.
106
107
109
111
32. Provision as to extra-parochial places
33. Provision for outlying part of parishes
34. Expenses of repair of highways may be recovered from
party liable to repair ratione tenure
35. Highways repairable ratione tenure may be made
repairable by the parish
36. Provision as to roads laid out
37. Surveyor of highway board exempted from turnpike
tolls
38. Limiting jurisdiction of justices
39. Power to alter highway districts
40. Provision in case of failure of board to hold first
meeting
41. Reservation of right to adopt Local Government Act
112
114
Application of Principal Act.
115
116
118
42. Construction of Principal Act and this Act
43. Relative duties of out-going surveyors and highway
board
44. Provisions of Principal Act to be applicable to highways
under local or personal Acts
45. Enabling councils of certain boroughs to adopt parish
roads and highways, and to apply rates for their
repairs
46. District highway boards may permit landowners to erect
fences without incurring liability to repair high-
ways
47. Recovery of penalties
O
119
Schedules.
120
Proceedings of highway boards, repealed
Form (A). Notice of intended application to quarter
sessions
Form (B). Notice of provisional order having been
made
THE HIGHWAY ACT, 1864, 27 & 28 VICT. CAP. 101.
1. Short titles of Highway Acts
121
2. This Act shall be construed with 25 & 26 Vict. c. 61 122
3. Definition of “ Poor Law Parish,” Highway Parish,"
“Highway Rate," and “ County"
122
Amendments as to Orders of Justices.
124
125
126
4. Amendment of sect. 6 of Highway Act of 1862 -
5. Certain places to be deemed places separately maintain-
ing their own highways
6. Part of sect. 5 of Highway Act of 1862 repealed, and
other provisions enacted
7. Amendment of sect. 7 of Highway Act of 1862 as to
combination of townships, &c.
8. Provision for places partly within and partly without
a borough
9. Power of justices as to ex tra-parochial places
10. Part of sect. 6 of Highway Act of 1862 as to meetings of
board repealed, and other provisions enacted
11. Power to justices to bring Highway Act into operation
on a particular day
12. Publication of Orders in Gazette made permissive
13. As to union of pariskes in different counties
14. Amendment of sect. 39 of Highway Act, 1862
15. As to the costs of parishes applying to be removed from
one district to another
16. As to validity of order of justices
17. Extent of powers of justices
18. Definition of provisional and final orders
127
128
129
130
131
Miscellaneous Amendments.
19. Appointment and vote of waywardens
132
20. Power to waywardens to contract f supply or cartage
of materials
21. Provisions for discontinuance of maintenance of un-
necessary highways
133