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Appointment of officers-continued.
quarter sessions, in default of appointment by board
within three months, 32, 153.
Approval of provisional order by justices of another county,
of quarter sessions, of borrowing money for improvements,
Arbitration, reference to, on appeal as to matter of account, 70,
Areas, highway, description of, 44, 183.
Assistant surveyor, may be appointed by board, 32, 94; salary,
32, 94 ; duties, 34, 97.
Audit, of accounts of maintenance of main roads, 47, 187.
of accounts of highway districts and parishes, 67, 173 ;
auditor has same powers and duties as in case of poor
accounts, 67, 173; any person aggrieved by his decision
has same rights as in case of poor law audit, 67, 173 ;
auditor's remuneration to be fixed by Local Government
Board and paid by highway authority, and recoverable
summarily in default of payment, 67, 174.
Authority to sign order of board for payment of money, pre-
sumed, 25, 162.
Bicycles, bye-laws for regulating use of, 60, 198.
Books of account open to inspection, 68, 147.
Borough, definition, 3, 5, 82, 209, 213 ; parishes within, not to be
included in district without consent, 14, 86 ; council may
adopt parish roads and highways, and apply rates for
their repair, 76, 118.
Borrowing money-board, with approval of quarter sessions, may
borrow for improvements, 53, 154; moneys borrowed to
be a first charge on highway rates after payment of sums
due to board, 54, 156 : sums required for repayment re-
coverable like expenses of keeping highways in repair,
54, 156 ; general orders as to mode of making applica-
tions for consent, 55, 156 ; after 25th March, 1879, all
moneys borrowed by board to be charged on district
fund, 63, 173.
Bridges, main roads over, repairable by county or hundred, as
county authority order, 48, 188 ; expenses of repairing
main roads over hundred bridges, how repayable, 48,
188; existing, may be accepted by county authority, 48,
189; county authority may contribute towards the cost
caused by locomotives to be made good by owner, &c.,
218, 235; bye-laws preventing use of locomotives over,
204, 223, 225; penalty for offence, 204, 223, 225.
Bye-laws, as to main roads and other highways, for prohibiting,
&c., waggons, &c., having wheels of which the fellies or
tires are not of specified width, 59, 197 ; or not having
nails on wheels countersunk in specified manner, or
having on its wheels bars, &c., forbidden, 60, 198 ; for
prohibiting, &c., the locking of wheels when descending
a hill, unless with a skidpan, slipper, or shoe, 60, 198 ;
for prohibiting, &c., the erection of gates across high-
ways, &c., 60, 198; for regulating the use of bicycles,
60, 198; fines not exceeding £2 for each offence may be
imposed, 60, 198 ; not valid without confirmation by
Local Government Board, 60, 206 ; month's notice to be
given previous to confirmation, 61, 206.
for licensing locomotives, 205, 215, 226 ; fine for contraven-
tion, 205, 215, 226 ; not to apply to locomotives for
agricultural purposes, 205, 215, 226 ; fees to be carried
to county rate, 205, 215, 226; as to prohibited hours,
204, 223, 225; as to preventing use on bridges, 204, 223,
225 ; penalty for offence, 204, 223, 225 ; confirmation,
Cattle found straying, &c., on highways, provisions as to, 77, 136.
Certificate of election or appointment to be produced by way-
wardens, 26, 132.
Certified copy of order of formation receivable in evidence, 20,
Churchwardens, notice of proposal to form district to be sent to,
Clerk to be appointed by board, 32, 94 ; salary, 32, 95 ; duties,
33, 96; to furnish copy of statement of receipt and ex-
penditure, 68, 147.
Clerk of peace, to send notice of proposal to form district to church-
wardens, &c., 8, 83 ; to send notice of appointment of
sessions for confirmation of order, 10, 84; to give notice
of respited order, 10, 84 ; copy of order of formation
certified by, receivable in evidence, 20, 128.
Collector of highway rates, appointment by waywarden, 28, 140.
Combination of townships, &c., in provisional order, 15, 87;
parishes so formed subject to provisions of Highway Act,
1862, 15, 87; extends to two or more townships, &c.,
15, 124 ; combination deemed a bighway parish, 15,
Combination of townships, &c.--continued.
124 ; part may be combined with parish in which it is
situate, 15, 124.
Commencement, of order for rural sanitary authority to exercise
powers of highway board, 36, 167.
Composition, for expenses recoverable for damage caused by exces-
sive weight, 49, 191 ; or extraordinary traffic, 49, 191.
Confirmation, of provisional order, court for, 10, 84 ; clerk of
peace to send notice of, 10, 84; may be with or without
variations, 10, 84 ; of order that highway be a main road,
of bye-laws, by Local Government Board, 60, 62, 206, 226 ;
month's previous notice be given, 61, 206, 226.
of provisional orders made by Local Government Board, by
Parliament, 61, 206.
Consent of ratepayers, appointment of paid collector of highway
rates, with, 28, 140.
Consequences of formation of highway district, 28, 93. See
of rural sanitary authority exercising powers of highway
board, 37, 169; all property, &c., of highway board, &c.,
vests in rural sanitary authority, 37, 169 ; debts, &c.,
may be enforced against rural sanitary authority, 37,
169 ; powers, &c., of highway board (with exceptions)
vest in rural sanitary authority, 38, 169; property to be
held on trust for parishes for which previously held, 38,
169 ; powers may be exercised within altered boundaries,
38, 170 ; Local Government Board may adjust accounts,
&c., 38, 170 ; expenses to be deemed general expenses
under Public Health Act, 1875, 38, 170.
Construction, of Principal Act and Highway Act, 1862, 1, 30, 115.
of Highway Acts, 1862 and 1864, 2, 122.
of Locomotives Act, 1861 and 1865, 212, 244.
of wheels of locomotives, 200, 220 ; of locomotives so as to
consume smoke, 203, 221.
Continuance in office, of waywardens, 26, 92.
Contract, member of highway board not to be tried, &c., for exe-
cuting on behalf of board, 22, 90 ; waywardens not be
concerned in, 27 ; board not to pay for repair or work
contracted for by waywarden, 27 ; waywarden may
contract for supply or cartage of materials, with license,
Contribution, by county authority, to maintenance of main roads,
45, 180 ; may be withheld if accounts are not duly kept
and forwarded by highway authority, 47, 187 ; by
parishes and districts, to improvements, 55, 157.
Contribution, to district fund, 64, 142. See District Fund.
Costs, on application for removal of parish from district, 19, 130;
member of board may applý moneys in hand for indem-
nity against, 22, 90,
on appeal in respect of order for repair of highways, &c., or
of items of expense and expenditure, &c., 70, 72, 150,
152. See Appeal.
on appeal against conviction or order under 41 & 42 Vict.
c. 77, 76, 209. See Appeal.
County, definition, 2, 3, 4, 81, 129, 209, 213.
County authority, definition, 5, 209, 213 ; may declare that rural
sanitary authority shall exercise powers of highway
board, 36, 167 ; may make order for repair of highways
on defaulting authority, 42, 175 ; as to non-compliance,
and subsequent proceedings, see Highways, 42-44; to
pay half the expense of maintenance of certain main
roads, 45, 180, may order ordinary highway to be a main
road, 45, 183; may apply for provisional order, that dis-
turnpiked road ought not to become main road, 46, 185 ;
or, tħat main road has become an ordinary highway, 46,
185 ; must pay expenses of such orders, 47, 185 ; may
withhold contribution to expenses of main roads if
accounts are not duly kept and forwarded, &c., 47, 187 ;
may order main roads over bridges to be repaired by
county or hundred, 48, 188 ; may accept existing bridges,
48, 189 ; may contribute towards the costs of erecting
bridges, 49, 190 ; may make, alter, and repeal bye-laws,
59, 197, 205, 215, 225. See Bye-laws.
County rate, expenses incurred in defending provisional or final
orders payable out of, 20, 131 ; half expense of main-
tenance of main roads, payable out of, 45, 180 ; fees for
locomotive licenses to be carried to, 205, 215.
Court of summary jurisdiction, definition, 4, 207, 214.
Damage, members of board may apply moneys in hand for indem-
nity against, 22, 90 ; to bridges caused by locomotives to
be made good by owners, &c., 218, 235 ; right to recover,
for injury sustained from use of locomotives, 225, 244.
Defect, in qualification or election of highway board, not to vitiate
proceedings, 21, 89.
Definitions, 2, 3, 4, 81, 82, 122, 131, 206, 207.
Discontinuance of unnecessary highways, 50-53, 133, 192.
Dissolution of highway district, 17, 112; highways to be main-
tained, &c., as if never included in district, 18, 113.
District fund, salaries and expenses for common benefit, to be
charged to, 62, 141 ; to be contributed in proportion to
rateable value of property in each parish, 62, 141 ; rate-
able value of property, to be ascertained by valuation
list — if none, as petty sessions may determine, 62, 141 ;
appeal against determination of petty sessions, 63, 141 ;
after 25th March, 1879, maintenance of highways and
all other expenses incurred by board, to be charged on,
63, 171 ; but board may divide district, and charge
maintenance of highways on each part, 63, 171 ; after
25th March, 1879, all borrowed moneys to be charged
on, 63, 173.
Mode of obtaining payment, 64, 142; precepts to be issued to
waywardens or overseers requiring them to pay the
amount of contribution to treasurer, 64, 142 ; precept to
be addressed to waywarden of parish not separately
maintaining its own poor, &c., in other cases to overseers,
64, 143; where precept addressed to waywarden he must
pay required sum out of separate rate, 64, 143 ; assess-
ment and levy of rate, 64, 143 ; waywarden's rate must
be published like poor-rate, 65, 143; waywarden to
account to board for all rates levied, 65, 144 ; and at
expiration of office to pay surplus to treasurer, 65, 144 ;
where precept addressed to overseers they must pay
required sum out of poor-rate, or moneys in hand, 65,
147 ; limitation of amount of contribution, 65, 144 ;
moneys payable under precept subject to all charges to
which highway rates are subject, 65, 144 ; waywardens
and overseers have same powers as in case of poor-rates,
66, 145 ; in case of non-payment by overseers or way-
warden justice may summon them to show cause why
payment has not been made, 66, 146 ; justices at petty
sessions may cause amount in arrear with costs, to be
levied from overseers or waywarden as in case of poor-
rate, 66, 146.
District surveyor, to be appointed by board, 32, 94 ; salary, 32,
95 ; duties, 34, 97 ; boards inay combine to appoint, 34,
171; exempt from turnpike tolls, 34, 111.
Disturnpiked roads, what become main roads, 44, 180 ; applica-
tion for provisional order preventing them from becom-
ing main roads, 46, 185; mines and minerals under,
belong to former owner of land, 79, 199.
Driftway, may be declared to be a public highway repairable at
expense of parish, 59, 111.
Election, defect in, not to vitiate proceedings of highway board,