of vestry, &c. and such certificate, in the case of an elected waywarden, Act '64, s. 19. must be signed by the chairman of the vestry or other by chairman meeting at which he was elected; and in the case of a waywarden appointed by justices, must be signed by the justices making the appointment. A waywarden may sit as such for more than one, but he shall be entitled to one vote waywarden. places May sit for several only as places, but has only one vote. 26 & 27 Vict. c. 61, s. 1. Waywardens not to be contracts own dis No waywarden can directly or indirectly, in his own name or in the name of any other person or persons, contract for the repair of any road, or for any other concerned in work to be executed under the provisions of the High- within their way Act, 1862, within the parish for which he is tricts. elected waywarden, or within any other parish in the same district, under the pain of forfeiting £10, with full costs of suit, to any person or persons who shall sue for the same by action for debt in any county court within the jurisdiction of which the parish in which the roads to be repaired or the other work so contracted for, is situate. Id. s. 2. Board not to repair or contracted recover It is unlawful for any highway board to pay knowingly for any repair or work so contracted for; pay for and any money paid by any board under any such work so contract is recoverable by them with full costs from for; and the person or persons to whom it has been paid, by may action of debt in any of Her Majesty's Courts of back money Record at Westminster, if it amounts to above £50, or in any county court, as aforesaid, if below that amount; and the balance so recovered, after paying all expenses, is to be placed to the credit of the district fund. This Act is to be construed with and held to be part of the Highway Act, 1862. so paid. Id. s. S. may contract for supply or cartage of materials, with license Act '64, s. 20. Notwithstanding anything contained in 26 & 27 Vict. Waywardens C. 61, or in any other Act, any waywarden may contract for the supply or cartage of materials within the parish for which he is waywarden, with the license of two justices assembled at petty sessions, such license to be granted on the application of the clerk of the highway board, who must be authorized to make such application by a resolution of his board assembled, at a meeting of which notice has been given. of two justices. Id.s. 31. May appoint paid collectors of highway rates with consent of The power of appointing paid collectors of highway rates with the consent of the inhabitants in vestry assembled, which is vested in a surveyor by the Highway Act, 1835, and all the provisions of that Act relating ratepayers. to such appointment, are vested in and extend to any waywarden required to levy rates in pursuance of the Highway Act, 1862, and the Highway Act, 1864, or either of them; and for the purposes of the Highway Act, 1864, any meeting of ratepayers entitled to elect a waywarden or waywardens is deemed to be included under the expression "inhabitants in vestry assembled," as used in this section, and the Highway Acts. Act,'62, s. 11. CONSEQUENCES OF FORMATION. At and after the first meeting in any district of the belonging to board of such district the following consequences surveyor of any parish in the dis trict vests in board. ensue: All such property, real and personal, 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 the Highway Act, 1862, have belonged to or been vested in, any surveyor or surveyors of any parish forming part of the district, pass to and vest in the highway board of that district for all Act,'62, s. 11. the estate and interest of such surveyor or sur veyors as aforesaid, but subject to all debts and liabilities affecting the same: may be against &c. (except All debts and liabilities incurred in respect of any Debts property transferred to the highway board may enforced be enforced against the board to the extent of the board. property transferred: All such powers, rights, duties, liabilities, capacities, All powers, and incapacities (except the power of making, assess- that of ing, and levying highway rates) as are vested in rates) or attached to, or would but for the Highway Act, 1862, have become vested in or attached to, any surveyor or surveyors of any parish forming part of the district, vest in and attach to the highway board: making, &c., parish surboard. attaching to veyors, vest transferred be held upon All property by the Highway Act, 1862, transferred All property to the board will be held by them upon trust for to board to the several parishes or places maintaining their trust for own highways within their district to which such which it property belongs, or for the benefit of which it belongs &c. was held previously to the formation of the dis trict. parish to On the formation of a district the following regula- Act '62, s. 43. tions are enacted with respect to the surveyors and the highway board: No surveyor to be for any parish in the district. parish continue in 1. No surveyor shall be appointed under the Prin- appointed cipal Act for any parish within such district: 2. The outgoing surveyor of every parish within the outgoing district shall continue in office until seven days surveyor to after the appointment of the district surveyor office until by the board of the district of such outgoing surveyor, and no longer; and he may recover pointment of any highway rate made and then remaining veyor. unpaid, in the same manner as if the High- May recover seven days after ap district sur unpaid rates. Act '62, s. 48. Application of moneys recovered. Board deemed successor in office of parish surveyor. Act '62, s. 42. way Act, 1862, had not been passed, and the money so recovered shall be applied, in the first place, in re-imbursing any expenses incurred by him as such surveyor and in discharging any debts legally owing by him on account of the highways within his jurisdiction, and the surplus (if any) shall be paid by him to the treasurer of the board; and he shall be entitled to receive from the board any sum which on the allowance of his account shall be found to be due to him as such surveyor after the collection and expenditure of the whole of the highway rate made in such parish during the last year: 3. The board, for all the purposes of the Principal Act, except that of levying highway rates, is deemed to be the successor in office of the surveyor of every parish within the district. APPLICATION OF PRINCIPAL ACT. The following regulations are to be observed with Act and 25 & respect to the construction of the Principal Act and Principal 26 Vict. c. 61 to be con- the Highway Act, 1862: strued as one Act. Sect. 9 of Principal Act, as to aid surveyor, not to apply. Sect. 10 of outgoing 1. The Highway Act, 1862, so far as is consistent with its provisions, is to be construed as one with the Principal Act: 2. The 9th section of the Principal Act, whereby it is enacted that a surveyor may be appointed by the inhabitants of a parish with a salary, is not to apply to any parish within any district formed under the Highway Act, 1862: 3. The 10th section of the Principal Act, whereby it is enacted that the surveyor or surveyors at the time of passing his or their accounts as therein mentioned shall deliver to the justices a statement not to apply. in writing of the name and residence of the Act '62, s. 42. of Principal formation of 4. The 13th, 14th, 15th, 16th, and 17th sections of Provisions the Principal Act, providing for the formation of Act as to parishes into districts, and the 18th and 19th parishes into sections of the Principal Act, providing for the &c., not to appointment of a board in large parishes, is not to apply to any parish within any district surveyor for 5. The penalty imposed by sect. 20 of the Principal Penalty on Act on the surveyor for neglect of duty is not to neglect of apply to a highway board constituted under the apply. Highway Act, 1862: duty not to &c., on 6. Any summons or notice, or any writ or any Service of proceeding, at law or in equity, requiring to be summons, served upon the board, may be served by the board. same being left at or transmitted through the post in a pre-paid letter directed to the office of the board or being given personally to the district surveyor or clerk of the board: Principal ratepayers 7. The 35th section of the Principal Act, whereby Sect.35 of it is provided that the ratepayers of any parish Act, as to may divide amongst themselves the carriage dividing of materials in manner therein mentioned, is carriage of not to apply to any parish within any district not to apply. formed under the Highway Act, 1862. materials Principal surveyor's 8. The 39th, 40th, 43rd, 44th, and 45th sections Provisions of of the Principal Act, relating to the accounts Act as to of surveyors, are not to apply to the highway accounts not board of any district formed under the Highway Act, 1862. to apply. |