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 son to view. 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

satisfied that

in complete

repair they

shall make order.

not repaired

by time limited in

to appoint

At such last-mentioned petty sessions, if the justices highway not are satisfied, either by the report of the person so appointed, or by such view as aforesaid, that the highway 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 complete 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, together with a reasonable remuneration to the person appointed for superintending such repairs, and amounting 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 accordingly.

person to put it into repair, and

make order

on board for

payment of

expenses and costs.

Expenses deemed to have been incurred in repairing highway.

Board may

All expenses so directed to be paid by the board in respect of the repairs of any highway shall be deemed to be expenses incurred by the board in repairing such 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

appear at

district sur

veyor, &c.

repair is

waywarden

shall justices to

direct indict

the ment to be sub- preferred.

When on the hearing of any such summons respect- Act '02, s. 19. 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 direct a bill of indictment to be preferred, and necessary witnesses in support thereof to be poenaed, at the next assizes to be holden 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.

prosecution

court shall

Board may

materials re

The highway board may contract for purchasing, Act '64, s. 52. getting, and carrying the materials required for the contract for repair of the highways, and for maintaining and keep- quired for ing in repair all or any part of the highways of any parish within their highway district, for any period not exceeding three years.

repairing

highways for

three years.

Id. s. 22. Board may

contract to

repair high

repair of

liable.

The highway board of any district may from time to time contract for any time not exceeding three years with any person or body of persons, corporate or ways for the 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

Act '64, s. 22.

Act '62, s. 46.
Board may

owner to

erect fences

without incurring liability to repair highway.

money payable under any contract made in pursuance of this section shall be raised in the same manner and

be paid out of the same rates as would have been applicable to defray the expenses of the repair of such highways if no contract had been made in respect thereto.

No person through whose land a highway passes, permit land- which is to be repaired by the parish, shall become liable for the repair of such highway by erecting fences between such highway and the adjoining land, if such fences are erected with the consent in writing of the highway board of the district within which such highway is situate in the case of a place within the jurisdiction of a highway board, and in the case of any other place with the consent of the surveyor or other authority having jurisdiction over the highway.

Act'78, s. 10. On complaint of default in

&c., high

authority

DEFAULT BY HIGHWAY AUTHORITY.

Where complaint is made to the county authority that the highway authority of any highway area within maintaining, their jurisdiction has made default in maintaining or ways, county repairing all or any of the highways within their may make jurisdiction, the county authority, if satisfied after due inquiry and report by their surveyor that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of the duty of the highway authority in the matter of such complaint.

order on defaulting authority.

On noncompliance

county

If such duty is not performed by the time limited in with order, the order, and the highway authority fail to show to authority to the county authority sufficient cause why the order has some person not been complied with, the county authority may appoint some person to perform such duty, and shall by order direct that the expenses of performing the same,

appoint

to perform

the duty, and make order on

authority

together with the reasonable remuneration of the person Act'78, s. 10. appointed for superintending such performance, shall defaulting be paid by the authority in default, and any order made for payment for payment of such expenses and costs may be re- and costs. moved into the High Court of Justice, and be enforced

in the same manner as if the same were an order of such court.

of expenses

appointed,

the power

except

rates, &c.

to clerk of

defaulting

comply with

Any person appointed under this section to perform Person the duty of a defaulting highway authority shall, in to have the performance and for the purpose of such duty, be of defaulting invested with all the powers of such authority other authority, than the powers of making rates or levying contribu- making tions by precept, and the county authority may from time to time, by order, change any person so appointed. Where an order has been made by a county autho- On notice rity for the repair of a highway on a highway autho- peace that rity alleged to be in default, if such authority, within authority ten days after service on them of the order of the declines to county authority, give notice to the clerk of the peace their liability that they decline to comply with the requisitions of has been such order until their liability to repair the highway county in respect to which they are alleged to have made de- shall either fault has been determined by a jury, it shall be duty of the county authority either to satisfy the defaulting authority by cancelling or modifying in such of liability manner as the authority may desire the order of the to a jury. county authority, or else to submit to a jury the question of the liability of the defaulting authority to repair the highway.

order until

determined,

authority

cancel or

the modify

the order,
or submit
the question

submitted to

ment to be

If the county authority decide to submit the question If question to a jury they shall direct a bill of indictment to be jury indictpreferred to the next practicable assizes to be holden preferred in and for their county, with a view to try the liability practicable of the defaulting authority to repair the highway. Order susUntil the trial of the indictment is concluded the order pended until

to next

assizes.!

conclusion

come into

force if defendants

Act'78, s. 10. of the county authority shall be suspended. On the of trial: to conclusion of the trial, if the jury find the defendants guilty, the order of the county authority shall forthfound guilty, with be deemed to come into force; but if the jury or to become acquit the defendants the order of the county authority shall forthwith become void.

void if

defendants

acquitted.

Costs to be

paid as

The costs of the indictment and of the proceedings consequent thereon shall be paid by such parties to the proceedings as the court before whom the case is tried Out of what may direct. Any costs directed to be paid by the

court may direct.

funds

payable.

ld. s. 14. Description

county authority shall be deemed to be expenses properly incurred by such authority, and shall be paid accordingly out of the county rate; and any costs directed to be paid by the highway authority shall be deemed to be expenses properly incurred by such authority in maintenance of the roads within their jurisdiction, and shall be paid out of the funds applicable to the maintenance of such roads.

The following areas are deemed to be highway areas of highway for the purposes of the Highways and Locomotives (Amendment) Act, 1878; that is to say :

areas.

Id, s. 13. Disturn

to become

(1.) Urban sanitary districts:

(2.) Highway districts:

(3.) Highway parishes not included within any highway district or any urban sanitary district.

MAIN ROADS.

For the purposes of the Highways and Locomotives piked roads (Amendment) Act, 1878, and subject to its provisions, main roads. any road which has, within the period between the 31st December, 1870, and the date of the passing of that Act (16th August, 1878), ceased to be a turnpike road, and any road which, being at the time of passing of that Act a turnpike road, may afterwards