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Gazet te evi
Act '64, s. 12.
lication in Gazette. Date of final
lication in Gazette.
Certified copy receiv
Act '62, s. 8. And the production of a copy of the London Copy of
Gazette containing a copy of the order of justices dence of for: forming a highway district is receivable in all courts of mation, &c.
justice, and in all legal proceedings, as evidence of the formation of the district and of the matters in the said order mentioned.
No order of the justices forming a highway district invalidated shall be invalidated by reason of its not being published by non-pub
in the London Gazette.
And where any reference is made in any section of the order substi- Highway Act, 1862, to the date of the publication in date of pub- the Gazette of the order, such section shall be con
strued as if the date of the making of the final order under which the district is formed were substituted for “the date of the publication in the Gazette of the order under which the district is formed.”
And any copy of the provisional or final order of the able as evi- justices forming a highway district, certified under the hand of the clerk of the peace to be a true copy,
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.
No order of the justices forming a highway district,
whether made before or after the passing of the Highincluding way Act, 1864, shall be void by reason that it includes place not lawfully in- in such district a place which the justices are not entitherein. tled to include under the provisions of this Act or the
Highways Act 1862, or one of such Acts; and any order containing such prohibited place shall be construed and take effect as if that place had not been
mentioned therein. Expenses
All expenses properly incurred by the justices of
any county in maintaining the validity of any proviorder, paya- sional or final order made by them shall be payable county rate. out of the county rate of that county.
Id. s. 16. Order not avoided by
incurred in defending
sists of way
No act to be
Act, '62, s. I. With respect to the constitution of the highway Constitation board, the following provisions are enacted :(1.) The highway board shall consist of the way. Board con
wardens elected in the several places within wardens and the district, in manner hereinafter men
justices. tioned, and of the justices acting for the
county and residing within the district: (2.) The board shall be a body corporate, by the Is a body
. 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 for the purposes of the Highway Acts, without any license in mort
main : (3.) No act or proceeding of the board shall be
questioned tioned on account of any vacancy or vacancies on account
in their body: (4.) No defect in the qualification or election of any No defect in
qualification, person or persons acting as members or mem- &c., to 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 Minute of
proceedings the board or of committees of the board, ifsigned signed by
, by any person purporting to be the chairman evidence of the board or committee of the board, either at the meeting of the board or committee of proof. 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 :
which minutes are so made deemed to have been duly convened, &c
given to Doard.
not liable to process for lawful act in execution of powers of board,
Act, '62, s. 9.
And until the contrary is proved every meeting of Meeting of
the board or committee of the board in respect of the proceedings of which minutes bave 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 subject to be tried, &c.,
executing in his capacity of member, any coning powers
tract or other instrument on behalf of the board, or otherwise lawfully 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 lapds, &c.,
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 exe.
cution of the powers granted to ther: Act '84, s. 29. A justice of the peace acting for the county in which
a highway district is situate, if he is resident in any members of place which is prohibited either altogether or without the
consent of the local authority from being included in a highway district by sect. 7 of the Highway Act, 1862, and which is surrounded by or adjoins in any part such highway district, is by virtue of his office a member of the highway board of such district, subject to this qualification, that if in pursuance of
Members may apply moneys in hand for indemnity against loss, *c., incurred in execution of powers.
Qualification of ex officio
this section he would be entitled to be a member of Act ’84, s. 29 two or more highway boards in the same county, he shall, by letter under his hand, addressed to the clerk of the highway board for which he elects to act, and by him to be transmitted to the clerk of the
of the county, declare of which of the said highway boards he elects to be a member, and having made that election he is bound thereby, and is not entitled by virtue of his office of justice to be a member of any other of the said boards.
The board for all the purposes of the Principal Act, Ast°62, 8. 43 except that of levying highway rates, is deemed to be Board the successor in office of the surveyor of every parish parish within the district.
The 46th section of the Highway Act, 1835, does Act '64, s. 20. not apply to the highway board or to any parish affected by within any highway district.
Principal The proceedings of the board are subject to the following regulations :(1.) The board shall meet for the despatch of Ids 27
business, and shall from time to time make Proceedings
following conditions :
district shall be held at the time and place fixed
by the order of the justice* in that behalf;
period of four months, and of such meetings
and Sched 1.
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innsemencertona: zestion; (f) The catrea of the restere pessert 2: 2 meet
Because ressecera (2.) The board acail a tie Erst resing, scd after
warda from time to time a: tčeir Erst meeting after each arttal azoginterest of members of the trard as hereatter mentioced, appoint one of their members to be chairman and one other of their members to be a vice-chairman
for the year following such choice: (8.) If any casual vacancy occur in the office of chair
man or vice-chairman, the board shall, as soon an they conveniently can after the occurrence of such vacancy, choose some member of their number to fill such vacancy; and every such chairman or vice-chairman so elected as last aforesaid shall continue in office so long only as the person in whose place he may be so elected would have been entitled to continue
if much vacancy had not happened: (4.) If at any meeting the chairman is not present
at the time appointed for holding the same, the vice-chairman shall be the chairman of the moeting; and if neither the chairman nor viceolinirman shall be present, then the members prosent shall choose some one of their numbor to be a chairman of such meeting :