The notice shall state the following particulars:- (2.) The parish or parishes within the district by which the sum borrowed and the interest thereon is to be paid, and in case of more parishes than one being made liable to pay the principal and interest the annual amounts to be contributed by each parish towards the payment thereof: (3.) The number of years within which the principal moneys borrowed are to be paid off, not exceeding twenty years, and the amount to be set apart in each year for paying off the same: (4.) The sessions at which the application is to be made. Notice shall be given as follows: (1.) By transmitting a copy to the clerk of the peace for the county or division: (2.) By placing a copy of such notice for three successive Sundays on the church (f) door of every church of the parish or parishes on behalf of which such works are to be done, or in the case of any place not having a church, in some conspicuous position in such place. Upon the hearing of the application any person or persons may oppose the approval of the justices being given, and it shall be lawful for the justices to give or withhold their approval, with or without modification, as they think just. All moneys borrowed in pursuance of this Act, to Act '64, s. 47. Act 64, 8.47. gether with the interest thereon, shall be a first charge on the highway rates of each parish liable to contribute to the payment thereof, after paying the sums due to the highway board on account of the district fund, in the same manner, so far as the creditor is concerned, as if the money had been borrowed on account of each parish alone; and the sums necessary to repay the said borrowed moneys, with interest, shall in each such parish be recoverable in the same manner as if they were expenses incurred by the board in keeping in repair the highways of that parish (g). But it shall be the duty of the highway board, in case of any one parish paying more than its share of such borrowed money, or of the interest thereon, to make good to that parish the excess so paid out of the rates of the other parishes liable to contribute thereto. The justices may from time to time make general orders in relation to the mode in which applications are to be made to them for their consent under this Act to the borrowing of any moneys. (e) By 35 & 36 Vict. c. 85, s. 15, the abolition of tolls on any turnpike road within or passing through a highway district, by voluntary agreement, is deemed to be an improvement of highways within the meaning of this section and sects. 48, 50 (infra), and for such purpose the highway board may borrow money in accordance with the provisions of those sections, subject to the following provisions, viz. :— That the improvement shall be deemed to be on behalf of all the parishes within the district, and each parish shall contribute thereto in the same proportion as it contributes to the district fund. And by 36 & 37 Vict. c. 90, s. 16, the abolition of tolls on a turnpike road in consequence of an order of the Local Government Board under sect. 15 of that Act is, in the case of a highway district, to be deemed to be an improvement of highways within the meaning of the same sections, 47, 48, 50, and for such purpose the highway board may borrow money in the same manner and subject to the same provisions as are contained in 35 & 36 Vict. c. 85, s. 15. (ƒ) The copy need not be placed on chapel doors as under 7 Will. 4 and 1 Vict. c. 45, and most other recent Acts pro- Act '64, s. 47. viding for the publication of notices. (9) That is to say, by precept, &c., as in sect. 33, ante. 48. The following works shall be deemed to be im- Definition of provements of highways (h) (1.) The conversion of any road that has not been stoned into a stoned road : (2.) The widening of any road, the cutting off the corners in any road where land is required to be purchased for that purpose, the levelling roads, the making any new road, and the building or enlarging bridges : (3.) The doing of any other work in respect of high- placing any existing highway in a proper (h) To this may now be added the abolition of tolls on turnpike roads by voluntary agreement under 35 & 36 Vict. c. 85, s. 15, and by order of the Local Government Board under 36 & 37 Vict. c. 90, ss. 15, 16. improve. ments. parishes and contribute 49. Any parish may, with the consent of its way- Power for warden, contribute to any improvements made in districts to another parish, whether situate or not in the same dis- improvetrict, if such first-mentioned parish (i) consider such ments. improvements to be for its benefit; and any highway board may contribute to any improvements made in another district if such improvements are, in the opinion of the highway board of the first-mentioned district, for the benefit of their district. The contribution to be made by one parish to another shall be payable in the same manner as if such contributions were moneys due from the contributing parish in respect of expenses incurred in keeping in repair the highways of that parish, and moneys contributed by one district to Act '64, s. 49. another district shall be payable out of the common fund of the contributing district. Certain clauses of c. 16, incor porated. (i) No provision is made for showing how the "first-mentioned parish consider such improvements to be for its benefit." Perhaps it may be by meeting in vestry, or possibly by the consent of its waywarden" alone. 66 50. The clauses of The Commissioners Clauses Act, 10 & 11 Vict. 1847, with respect to mortgages to be created (j) by the commissioners, shall form part of and be incorporated with this Act, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver. As to encroachment In the construction of the said clauses "the Commissioners" shall mean the "Highway Board." Mortgages and transfers of mortgages shall be valid if made in the forms prescribed (k) by the last-mentioned Act, or in the forms appearing in the second schedule annexed to this Act, or as near thereto as circumstances admit. () The clauses intended to be incorporated, no doubt, are sects. 75 to 88 of 10 & 11 Vict. c. 16. But it may be mentioned that the heading of those clauses is "with respect to the mortgages to be executed by the commissioners," not created" by the commissioners, as mentioned in the section. 66 (k) The forms referred to are those contained in Schedules (B.) and (C.) to 10 & 11 Vict. c. 16. It may, however, be observed that sect. 75 of that Act merely says that the mortgage, " may be according to the form in Schedule (B.)," and sect. 77 that the transfer "may be according to the form in Schedule (C.)," and therefore does not "prescribe" the form, but merely authorizes its use. 51. From and after the passing of this Act if any on highways, person shall encroach (1) by making or causing to be made any building, or pit, or hedge, ditch, or other fence, or by placing any dung, compost, or other materials for dressing land or any rubbish, on the side or sides of any carriageway or cartway within fifteen feet of the centre thereof, or by removing any soil or Act '64, s. 51. turf from the side or sides of any carriageway or cartway, except for the purpose of improving the road, and by order of the highway board, or, where there is no highway board, of the surveyor, he shall be subject on conviction for every such offence to any sum not exceeding forty shillings, notwithstanding that the whole space of fifteen feet from the centre of such carriageway or cartway has not been maintained with stones or other materials used in forming highways; and it shall be lawful for the justices assembled at petty sessions, upon proof to them made upon oath, to levy the expenses of taking down such building, hedge, or fence, or filling up such ditch or pit, and removing such dung, compost, materials, or rubbish as aforesaid, or restoring the injury caused by the removal of such soil or turf, upon the person offending: Provided always, that where any carriageway or cartway is fenced on both sides no encroachment as aforesaid shall be allowed whereby such carriageway or cartway shall be reduced in width to less than thirty feet between the fences on each side. (1) In Thorne v. Field, 33 J. P. 727, the owner of land adjoining a highway, and of a ditch by the side of the highway, built a fence on the site of the ditch. On information under this section for unlawfully encroaching on the highway it was proved that the fence was within seven feet of the centre of the highway. And it was held that the owner could not be convicted, for he put the fence only on his own land, the ditch being no part of the highway. And in Easton v. Richmond Highway Board, L. R. 7 Q. B. 69, 36 J. P. 485, it was held that "the sides of any carriageway or cartway" in this section, mean any land forming part of the highway, though not part of the metalled road; but do not extend to land which, though by the side of the road, has not been dedicated as highway to the use of the public. In Ranking v. Forbes, 34 J. P. 486, it was held that if an encroachment be made upon a highway by erecting a fence within fifteen feet from the centre of the road, proceedings must be taken under this section within six months after the |