Act'78, s. 26. Fines not exceeding offence may the fellies or tires are not of such width in proportion to the weight carried by, or to the size of, or to the number of wheels of such waggon, wain, cart or carriage, as may be specified in such bye-laws; and (2.) For prohibiting or regulating the use of any waggon, wain, cart or other carriage drawn by animal power not having the nails on its wheels countersunk in such manner as may be specified in such bye-laws, or having on its wheels bars or other projections forbidden by such bye-laws; and (3.) For prohibiting or regulating the locking of the wheel of any waggon, wain, cart, or carriage drawn by animal power when descending a hill, unless there is placed at the bottom of such wheel during the whole time of its being locked a skidpan, slipper, or shoe, in such manner as to prevent the road from being destroyed or injured by the locking of such wheel; and (4.) For prohibiting or regulating the erection of gates across highways and prohibiting gates opening outwards on highways. (5.) For regulating the use of bicycles. Fines, to be recovered summarily, may be imposed £2 for each by any such bye-laws on persons breaking any byebe imposed. law made under this section, provided that no fine exceeds for any one offence the sum of two pounds, and that the bye-laws are so framed as to allow of the recovery of any sum less than the full amount of the fine. Id. s. 35. Confirmation by Local A bye-law made under the Highways and Locomotives (Amendment) Act, 1878, and any alteration made therein and any repeal of a bye-law will not be Act '78, s. 35. of any validity until it has been submitted to and con- Government firmed by the Local Government Board. Board. tice to be vious to con A bye-law made under that Act shall not, nor shall Months' noany alteration therein or addition thereto or repeal given prethereof be confirmed until the expiration of one month firmation. after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district. LOCAL GOVERNMENT BOARD. (2). justment of settlement on alteration If at any time after a rural sanitary authority has Act 78, s. 5 become invested with the powers of a highway board, Order for adthe boundaries of such authority are altered, the Local accounts or, Government Board, on the application of any authority of difference, or person interested, may by order provide for the ad- of bounda justment of any accounts, or the settlement of any sanitary audoubt or difference so far as relates to highways consequent on the alteration of the boundaries of such rural sanitary authority. ries of rural thority.. Auditor's re The Local Government Board may direct what remu- Id. s. 9. neration the auditor of accounts of highway districts muneration. and parishes shall receive. Provisional roads. The Local Government Board may make a provisional Id. s. 16. order that any road which has ceased to be a turnpike orders as to between the 31st December, 1870, and the 16th August, 1878, ought not to become a main road; or that any road which has become a main road ought to cease to be a main road and become an ordinary highway. Confirma The Local Government Board may submit any pro- Id. s. 34. visional order made by them under the Highways and tion of proLocomotives (Amendment) Act, 1878, to Parliament orders. visional Act '78, s. 34. for confirmation, and without such confirmation no provisional order will be of any validity. Id. s. 35. Confirmation of byelaws. No bye-law made under the Highways and Locomotives (Amendment) Act, 1878, nor any alteration made therein, nor any repeal of a bye-law will be of any validity until it has been submitted to and confirmed by the Local Government Board. Act '64, s. 32. common benefit to be charged to to be contri portion to rateable perty in each DISTRICT FUND, AND EXPENSES OF EXPENSES-How CHARGED. The salaries of the officers appointed for each district, expenses for and any other expenses incurred by any highway board for the common use or benefit of the several parishes district fund, within such district, shall be annually charged to a buted in pro- district fund to be contributed by and charged upon the several highway parishes within such district in value of pro- proportion to the rateable value of the property in each parish. parish, but the expenses of maintaining and keeping in repair the highways of each highway parish within the of highways, district, and all other expenses legally payable by the separate highway board in relation to such parish, including any each parish. sums of money that would have been payable out of the highway rates of such parish if the same had not become part of a highway district, except such expenses as are in the Highway Act, 1864, authorized to be charged to the district fund, shall be a separate charge on each parish. Maintenance &c., to be a charge on Ascertain. ment of rate The rateable value of the property in each parish able value of shall be ascertained according to the valuation list or property. other estimate for the time being in force in such parish for the purposes of the poor rate, or if no such valuation list or estimate be in force, then in such manner as may Act '64, s. 32. be determined by the justices in petty sessions, subject to an appeal by any person aggrieved to the next general or quarter sessions. After 25th the mainte highways, curred by All expenses incurred by any highway board in main- Act '78, s. 7. taining and keeping in repair the highways of each March, 1879, parish within their district, and all other expenses nance of legally incurred by such board, shall, notwithstanding and all other anything contained in the Highway Acts, on and after expenses inthe 25th day of March, 1879, be deemed to have been board, to be charged on incurred for the common use or benefit of the several district fund. parishes within their district, and shall be charged on the district fund: Provided, that if a highway board think it just, by reason of natural differences of soil or locality, or other exceptional circumstances, that any parish or parishes within their district should bear the expenses of maintaining its or their own highways, they may (with the approval of the county authority, or authorities of the county or counties within which their district, or any part thereof, is situate) divide Board may their district into two or more parts, and charge ex-district, and clusively on each of such parts the expenses payable charge by such highway board in respect of maintaining and of highways keeping in repair the highways situate in each such part; so, nevertheless, that each such part shall consist of one or more highway parish or highway parishes. All moneys borrowed by a highway board after the 25th day of March, 1879, under the Highway Acts, March, 1879, shall be charged on the district fund, but nothing in all borrowed the Highways and Locomotives (Amendment) Act, charged on 1878, shall affect the security, chargeability, or repayment of any moneys borrowed before that day. divide maintenance on each part. Id. s. 8. After 25th moneys to be "district fund. be issued to or overseers requiring them to pay the amount MODE OF OBTAINING PAYMENT. Act '64, s. 33. For the purpose of obtaining payment from the Precepts to several highway parishes within their district of the waywardens sums to be contributed by them, the highway board shall order precepts to be issued to the waywardens or overseers of the said parishes according to the proviof contribu- sions hereinafter contained, stating the sum to be contributed by each parish, and requiring the officer to whom the precept is addressed, within a time to be limited by the precept, to pay the sum therein mentioned to the treasurer of the board. tion to the treasurer. Precept to be addressed to waywarden of parish not separately maintaining its own poor, &c. ; in other cases to Overseers. Where precept waywarden, required sum out of separate rate assessed and levied as herein provided. Where a highway parish is not a parish separately maintaining its own poor, or where in any highway parish it has, for a period of not less than seven years immediately preceding the passing of the Highway Act, 1862, been the custom of the surveyor of highways for such parish to levy a highway rate in respect of property not subject by law to be assessed to poor rates, the precept of the highway board shall be addressed to the waywarden of the parish, and in all other cases it shall be addressed to the overseers. Where the precept is addressed to a waywarden he addressed to shall pay the sum thereby required out of a separate he must pay rate, and such separate rate shall, in the case of a parish in which for such period aforesaid it has been the custom of the surveyor of highways to levy a highway rate in respect of property not subject by law to be assessed to poor rate, be assessed on and levied from the persons and in respect of the property on, from, and in respect of which the same has been assessed and levied during such period as aforesaid; and in all other cases such rate shall be assessed on and levied from the persons and in respect of the property on, from, and in respect of which a poor rate |