be amended, &c.


one county

An order made under this section may be amended, Act '78. 6. 4. altered, or rescinded by a subsequent order of the Order may county authority.

Where a highway district, being coincident in area Districts with a rural sanitary district, is situate in more than more than one county, an order under this section may be made by the county authority of any county in which any part of such district is situate, but such order, and any order amending, altering, or rescinding the same, shall not be of any force or effect until it has been approved by the county authority or authorities of the other county or counties in which any part of such district is situate.

Id. s, 5. All property

[ocr errors]


vests in rural



(1.) From and after the commencement of the order
declaring a rural sanitary authority entitled to exercise
the powers of a highway board within their district,
the following consequences ensue:-
All such property, real or personal, including all

interests, easements, and rights in to and out of belonging to
property, real and personal, and including things board, &o.,
in action, as belongs to or is vested in, or would
but for such order have belonged to or been vested sanitarios
in the highway board or any surveyor or sur- subject to

, &.
veyors of any parish forming part of the district,
passes to and vests in the rural sanitary authority
for all the estate and interest of the highway
board, or of such surveyor or surveyors, but sub-

ject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of

any property transferred to the rural sanitary authority enforced may be enforced against that authority to the sanitary extent of the property transferred ;


Debts, &c.,

may be

against rural


All powers,

way board


expenses, or making, &c.,

rates) vest in rural sanitary

transferred, to be held on trust for

which it was


Act '78, s. 5. All such powers, rights, duties, liabilities, capacities,

and incapacities (except the power of obtaining &c., of high

payment of their expenses by the issue of precepts (except ob

in manner provided by the Highway Acts, or the payment of

power of making, assessing, and levying highway highway

rates) as are vested in or attached to or would but for such order have become vested in or attached

to the highway board, or any surveyor or surauthority.

veyors of any parish forming part of the district,

vest in and attach to the rural sanitary authority: All property All property by the Highways and Locomotives

(Amendment) Act, 1878, transferred to the rural parishes for sanitary authority will be held by them on trust previously

for the several parishes for the benefit of which

it was held previously to such transfer.

(2.) If at any time after a rural sanitary authority. boundaries

, has become invested with the powers of a highway

board in pursuance of this Act, the boundaries of the authority district of such authority are altered, the powers and cised within jurisdiction of such authority in their capacity of

highway board shall be exercised within such altered

district; and on the application of any authority or Government person interested the Local Government Board may by Board may order provide for the adjustment of any accounts, or provide for adjustment the settlement of any doubt or difference so far as

relates to highways consequent on the alteration of differences. the boundaries of such rural sanitary district.

(3.) All expenses incurred by a rural sanitary

authority in the performance of their duties as a under Public highway board shall be deemed to be general expenses Health Act, of such authority within the meaning of the Public

Health Act, 1875.

On alteration of

powers of

rural sanitary

altered district.

of accounts or settlement of

Expenses to be deemed general






expenses to

to board by district sur

den of each

The highway board shall maintain in good repair Act ’62, s. 17. the highways within their district, and shall, subject Board to to the provisions of the Highway Act, 1862, as highways respects the highways in each parish within their district, perform the same duties, have the same powers, and be liable to the same legal proceedings as the surveyor of such parish would have performed, had, and been liable to if this Act had not passed.

It shall be the duty of the district surveyor tó Estimate of submit to the board at their first meeting in every be submitted year an estimate of the expenses likely to be incurred during the ensuing year for maintaining and keeping veyor, and in repair the highways in each parish within the dis- to war war, trict of the board, and to deliver a copy of such esti- parish. mate as approved or modified by the board so far as the same relates to each parish to the waywarden of such parish.

Where complaint is made to any justice of the peace that any highway within the jurisdiction of the are out of

repair jushighway board is out of repair, the justice shall issue tice to issue two summonses, the one addressed to the highway board and board and the other to the waywarden of the parish liable to the repair of such highway, requiring such board and waywarden to appear before the justices at some petty sessions, in the summons mentioned, to be held in the division where such highway is situate;

And at such petty sessions, unless the board under- Sessions to take to repair the road to the satisfaction of the to app-ar at justices, or unless the waywarden deny the liability of subsequent

Id. s. 18. Where roads

summons to


require board veyor, &c.

fatisfied that

shall make order.

by time

Act '62, s. 18. the parish to repair, the justices shall direct the board appoint per- to appear at some subsequent petty sessions to be then

named, and shall either appoint some competent person to view the highway, and report to them on its state at such other petty sessions, or fix a day, previous to such petty sessions, at which two or more of such justices will themselves attend to view the

highway, If justices At such last-mentioned petty sessions, if the justices highway not are satisfied, either by the report of the person so in complete repair they appointed, or by such view as aforesaid, that the high

way complained of is not in a state of complete repair, it shall be their duty to make an order on the board

limiting a time for the repair of the highway comIf highway, plained of; and if such highway is not put in comnot repaired

plete and effectual repair by the time limited in the order justices order, the justices in petty sessions shall appoint some

person to put the highway into repair, and shall by

order direct that the expenses of making such repairs, make order together with a reasonable remuneration to the person payment of appointed for superintending such repairs, and amount

ing to a sum specified in the order, together with the costs of the proceedings, shall be paid by the board : and any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, in the same manner as if it were an order of general or quarter sessions, and be enforced accord

ingly. Expenses All expenses so directed to be paid by the board in

respect of the repairs of any highway shall be deemed repairing

to be expenses incurred by the board in repairing such highway.

highway, and shall be recovered accordingly.

The highway board may appear before the justices sessions by at petty sessions by their district surveyor or clerk, or


member of the board.

to appoint person to put it into repair, and

expenses and


deemed to have been incurred in

Board may

district sur

repair is

direct indictment to be


court shall

[ocr errors]

When on the hearing of any such summons respect- Act '62, s. 18. ing the repair of any highway, the liability to repair If liability to is denied by the waywarden on behalf of his parish, or denied by by any party charged therewith, the justices shall justices to direct a bill of indictment to be preferred, and the necessary witnesses in support thereof to be sub- preferred. pænaed, at the next assizes to be bolden in and for the said county, or at the next general quarter sessions of the peace for the county, riding, division, or place wherein such highway is situate, against the inhabitants of the parish, or the party charged therewith, for suffering and permitting the said highway to be out of repair; and the costs of such prosecution shall be paid Costs of by such party to the proceedings as the court before to be paid as whom the case is tried shall direct, and if directed to direct. be paid by the parish shall be deemed to be expenses incurred by such parish in keeping its highways in repair, and shall be paid accordingly.

The highway board may contract for purchasing, Act ’84, s.52. getting, and carrying the materials required for the contract for repair of the highways, and for maintaining and keep- quired for

repairing ing in repair all or any part of the highways of any highways for parish within their highway district, for any period not exceeding three years.

The highway board of any district may from time to time contract for any time not exceeding three contract to years

with any person or body of persons, corporate or unincorporate, to repair any highways, turnpike roads, which other or roads over county or other bridges, or any part parties are thereof, for the repairing of which such persons or body of persons are liable; and any persons or body of persons liable to repair any roads may contract with the highway board for the repairing any highways, inclusive as aforesaid, or any part thereof, which the highway board is liable to make or repair; and the

Board may

three years.

Id. s. 22. Board may

repair highways for the


« ElőzőTovább »