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other party liable to repair, and make an order to repair within a 5 & 6 Will. 4, stated time; and in default to pay a sum of money for such repairs c. 50. (5 & 6 Will. 4, c. 50, s. 94; see Reg. v. Hutchinson, 24 L. J. (N. S.) M. C. 25; Bruton Turnpike Trustees v. Wincanton Highway Board, 39 L. J. (N. S.) M. C. 153; 22 Law T., N. S. 605). If there be an admitted highway, and the obligation to repair is in question, the justices may at their discretion direct a bill of indictment to be preferred, and the costs of the prosecution are to be directed by tho court to be paid out of the highway rates (s. 95). 11 The court may order costs to be paid by the defendants where the defence is frivolous or vexatious (s. 98, which is not applicable when they plead guilty, Reg. v. Denton, 34 L. J. (N. S.) M. C. 13; 11 Law T., N. S. 371). [Forms, Nos. 9–21, pp. 647—651, Oke's “ Formulist,6th edit.] [In South Wales, see 23 & 24 Vict. c. 68, ss. 36, 37, 40.] [In highway districts, see 25 & 26 Vict. c. 61, ss. 18, 19, post, Chap. II.)

Carriage of Materials.] Justices at first special sessions after 25th of March in every year to fix rate of payment for conveyance of stone, &c. by ratepayers for repair of highways. (Forms, Nos. 21, 22, p. 652, Oke's “ Formulist,” 6th edit.] [Complaint by surveyor against manner of performing such carrying, &c. to be heard at a special sessions (5 & 6 Will. 4, c. 50, s. 35). (This provision does not apply to parishes in highway districts formed under 25 & 26 Vict. c. 61, s. 42.]

Licence for sharing in Contracts, &c.] Surveyor may share in contract, or let to hire a team, or dispose of timber, stone, &c. to be used or employed in making or repairing highway, if two justices in special sessions grant a licence in writing for that purpose (5 & 6 Will. 4, c. 50, s. 46, and see now 27 & 28 Vict. c. 101, s. 20, and Offence 6, Vol. I. p. 482). [Form, No. 25, p. 653, Oke's " Formulist,” 6th edit.]

Consent to Sale of Land.] By ; & 6 Will. 4, c. 50, s. 48, after reciting that, under acts for the inclosing of waste lands, parcels of land have been and may be expressly allotted to parishes or to the surveyor of the highways for the purpose of obtaining materials for the repair of the highways in such parish, and the materials in such parcels of land have been and may be exhausted, enacts, “ that in such cases it shall and may be lawful for the surveyor of such parish for the time being, by and with the consent

11 The cases decided under 5 & 6 Will. 4, c. 50, 8. 95, are—Reg. v. Justices of Somersetshire, 3 Law T., N. S. 316; S. C. Ex parte Bartlett, 30 L.J. (N. S.) M. C. 65; Reg. v. Haslemere, 32 L. J. (N. S.) M. C. 30; 7 Law T., N. 'S. 382 ; that the costs may be ordered when the defendants plead guilty, Reg. v. Heytesbury, 8 Law T., N. S. 315; but not when the jury are discharged. See also Reg. v. Ipstones, 37 L. J.(N. S.) M. C. 37; 17 Law T., N. Š. 497.


c. 50.

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5 & 6 Will. 4, of the vestry, and he is hereby authorized and required, with the

consent in writing of the justices of the peace at a special sessions for the highways, to sell and convey to some person whose lands adjoin thereto, or, if he refuse to purchase, to any other person, the said parcels of land from which the said materials have been exhausted as aforesaid, at and for such price as the said justices may deem fair and reasonable: and with the money arising therefrom, and with such consent as aforesaid, to purchase other lands in lieu thereof." [Forms, Nos. 26, 27, Oke's “Formulist,” 6th edit. pp. 654, 655.]

Letting Lands.] Persons enfeoffed with lands for maintenance of highways, &c., may let them to farm, the justices at a special sessions first giving their consent in writing thereto (5 & 6 Will. 4, c. 50, s. 50).

Taking Lands and Compensation for Damage, &c.] One calendar month's notice in writing to be given by the surveyor to owner or his agent, and to occupier, before materials taken from private lands (or open field lands, 4 & 5 Vict. c. 51], to appear before justices at a special sessions to show cause. Order


be made if consent to enter not given (5 & 6 Will. 4, c. 50, s. 53). (Forms, Nos. 23, 24—28, pp. 653, 654, Oke's Formulist," 6th edit.] Justices are to settle and ascertain, by an order made at a special sessions, the amount of satisfaction for materials got or taken away from inclosed lands or grounds either within or without the parish [or private lands], and also for the damage done to the lands by the getting and carrying away the same (s. 54). [Forms of Orders, 31—34, pp. 656, 657, Oke's “ Formulist,” 6th edit.] As to raising stone, &c., within highway districts, for the repair of a road formerly a turnpike road, see 33 & 34 Vict. c. 73, ss. 10, 11.

Damaging Lands by making Ditches, &c.] By 5 & 6 Will. 4, c. 50, s. 67, the surveyor may make and keep open ditches, and lay trunks through lands adjoining highways, paying for damages, if any, incurred, to be settled as damages for getting materials in inclosed lands, supra. If the owner, occupier, or other person alter or interfere with such ditches, &c. without survoyor's consent, the owner, &c. is to reimburse the expenses of reinstating the work, and is also to forfeit not exceeding three times the amount of such expenses (s. 68). See Offence 69, Vol. I. p. 494.

Repair where Highway in two Parishes.] Where highway situate in two parishes, justices at a special sessions to determine what part shall be repaired by each (5 & 6 Will. 4, c. 50, s. 58; and see R. v. Perkins, 19 L. J. (N. S.) M. C. 105). Costs of proceedings levied by distress (s. 60). [Forms, Nos. 33–35, pp. 658, 659, Oke's Formulist," 6th edit.]

Hedges.] Justices in special sessions may order hedges prejudicial to highway to be cut, pruned, &c. Expenses of so doing


c. 50.


may be levied (5 & 6 Will. 4, c. 50, s. 65). (Forms, Nos. 38—40, 5 & 6 Will. 4, p. 660, Oke's “ Formulist," 6th edit.]

Excusing Dates.] Any person may be excused payment of rate by justices at special sessions, on proof of inability through poverty to pay, the surveyor having been first summoned to appear (5 & 6 Will. 4, c. 50, s. 32). [Forms, Nos. 41, 42, pp. 661, 662, Oke's "Formulist,” 6th edit.]

Amending Rate.] Omissions or errors in rates, or in the names of persons or properties, may be added or corrected with consent of justices at a special sessions (5 & 6 Will. 4, c. 50, s. 31).

Gathering Stones.] Two justices, at a special sessions for the highways, after having summoned the owner, and heard his reason for refusing his consent to the gathering of stones on lands or ground within the parish, may grant their licence for that purpose (5 & 6 Will. 4, c. 50, s. 51; see ss. 52, 53, and Pitts v. Kingsbridge Highway Board, 25 Law T., N. S. 195). [FormsNos. 43–45, Pp. 663, 664, Oke's “ Formulist," 6th edit.]

Direction Posts.] The justices at a special sessions may make orders for putting up direction posts and flood posts (5 & 6 Will. 4, C. 50, s. 24). [Form, No. 46, p. 664, Oke's Formulist,” 6th edit.]

County Bridges formerly Turnpike Roads.] See 33 & 34 Vict. c. 73, s. 12.

Highways formerly Turnpike Roads extending into two Counties.] See 33 & 34 Vict. c. 73, s. 13, and 31 & 32 Vict. c. 99, s. 7.

Appeal against Justices Determination in any case.] 5 & 6 Will. 4, C. 50, s. 105, in Note 204, Vol. I. p. 483, has the words “

any order... matter, &c. .. for which no particular method of relief hath been already appointed.” See Reg. V. Justices of Derbyshire, 27 L. J. (N. S.) M. C. 189; and 12 & 13 Vict. c. 45, s. 1, Vol. I. p. 252, Note 5, as to notice before the quarter sessions. As to costs, see Read y. Freeman, 30 L. J. (N. S.) M. C. 123; 3 Law T., N. S. 369.

Application of Rates to Repair of Turnpike Roads.] By 4 & ó 4 & 5 Vict. Vict. c. 59, s. 1 (which is continued by 34 & 35 Vict. c. 95, to the c. 69. 1st October, 1872, and end of then next session), justices at any special sessions for the highways, upon information exhibited before them by the clerk or treasurer of any turnpike trust (within six calendar months after the matter of complaint rose, 11 & 12 Vict. C. 43, s. 11, ante, p. 135], that the funds of the said trust are insufficient for the repairs of the turnpike roads within any parish,notice in writing of such intended information having been previously given on the part of such clerk or treasurer to the parish surveyor 12 twenty-one days at least before such special sessions,

12 See Note 32, onte, who are the surveyors in certain districts. The Local Government Act, 21 & 22 Vict. c. 98, s. 37, contains additional


4 & 5 Vict.

C. 59.

—may examine the state of the revenues and debts of such turnpike trusts, and inquire into the state and condition of the repairs of the roads within the same, and also ascertain the length of the roads, including the turnpike roads, within such parish, and how much of such road is turnpike road ;-and if after such examination it shall appear to the said justices necessary or expedient, for the purposes of any turnpike road, so to do, then to adjudge and order what portion, if any, of the rate or assessment levied or to be levied by virtue of the said recited act, shall be paid by the parish surveyor, and at what time or times, to the said commissioners or trustees, or to their treasurer or other officers appointed by them in that behalf,—such money to be wholly laid out in the actual repairs of such part of such turnpike road as lies within the parish from which it was received. [Forms of Notice, Order, &c., Nos. 47–49, pp. 665, 666, Oke's “ Formulist,” 6th edit.] 13 A minute of the order should be served (11 & 12 Vict. c. 43, s. 17, Vol. I. p. 194). If parish surveyor neglects to pay such portion of rate, it may be levied by distress in the same way as penalties under the 5 & 6 Will. 4, c. 50, s. 2, with costs [11 & 12 Vict. c. 43, s. 18, Id. pp. 195, 196]—i.e. after complaint, summons and inquiry. [Forms, Nos. 30—52, pp. 667, 668, Oke's “ Formulist,” 6th edit.] Power of appeal to quarter sessions, giving notice within six days after the order, &c. (s. 3), which runs for the making of the order, not the service (Reg. v. Justices of Derbyshire, 14 L. J. (N. S.) M. C. 84); and see 12 & 13 Vict. c. 45, s. 1, Note 5, Vol. I. p. 252, as to length of notice before the quarter sessions. By 34 & 35 Vict. c. 115, s. 15, the contribution of a highway board to the repair of a turnpike road is to be charged to the district fund; and by sect. 16 moneys paid from a turnpike trust on its expiration to the treasurer of a highway board is to go to the same fund.

provisions, and as to the making of highway rates by local boards. As regards this, 26 & 27 Vict. c. 94, s. 1, provides that where any turnpike road is situate in a parish included in a highway district, an order may be made on the highway board of the district to contribute to the repair of the road under the same circumstances under which an order for the same purpose may be made on the parish surveyor in pursuance of this act, and for the purposes of this act the highway board is to be deemed to be substituted for the parish surveyor, &c.

13 Cases on 4 & 5 Vict. c. 59, s. 1;—Trustees of Sunk Island Turnpike Road v. Surveyors of Patrington, 31 L. J. (N. S.) M. C. 18; Reg. v. Morice, 14 L. J. (N. S.) M. C. 75; Reg. v. White, 12 L. J. (N. S.) M. C. 31; Reg. v. Longbottom, 18 L. J. (N. S.) M. C. 75; Reg. v. Preston and another, Id. 4; Roberts v. Roberts, 7 Law T., N. S. 320; Mawby v. Hopkinson, 10 Law. T., N. S. 27; Reg. v. Trustees of South Shields Turnpike Roads, 23 L. J. (N. S.) M. C. 134; Brown v. Evans, 34 L. J. (N. S.) M. C. 101; Local Board of Health of Chatham Extra v. Rochester Pavement and Road Commissioners, 35 L. J. (N. S.) M. C. 81; Weardale District Highway Board v. Trustees of Alston Turnpike Trust, 35 L. J. (N. S.) M. C. 173;

Trustees of Brighton Roads v. Surveyors of Preston, 39 L. J. (N. S.) M. C. 33 ; 22 Law T., N. S. 92.


Appeals against Highway Rates.] See 27 & 28 Vict. c. 101, s. 37, 4 & 5 Vict. and tit. Poor,” post.

c. 59. Recovery of Rates.] See tit. “ Rates," post, Chap. II.

c. 77.


By the Highways and Locomotives (Amendment) Act, 1878 41 & 42 Vict. (41 & 42 Vict. c. 77), An Act to amend the Law relating to Highways in England, and the Acts relating to Locomotives on Roads, and for other purposes," it is enacted as follows :

“1. Short Title.] This act may be cited as the Highways and Locomotives (Amendment) Act, 1878.

“2. Application of Act.] This act shall not apply to Scotland or Ireland; and, save as is by this act expressly provided, Part I. of this act shall not apply to the Isle of Wight, nor to any part of the metropolis, nor to any part of a county to which the act passed in the session of the twenty-third and twenty-fourth years of the reign of her present majesty, chapter sixty-eight, intituled An Act for the better Management and Control of the Highways in South Wales,' extends.

3. Highway Districts to be made, so far as possible, coincident with Rural Sanitary Districts.] In forming any highway districts, or in altering the boundaries of any highway districts, the county authority shall have regard to the boundaries of the rural sanitary districts in their county, and shall, so far as may be found practicable, form highway districts so as to be coincident in area with rural sanitary districts, or wholly contained within rural sanitary

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4. Power for Rural Sanitary Authority of District coincident with Highway District to become Highway Board.] Where a highway district, whether formed before or after the passing of this act, is or becomes coincident in area with a rural sanitary district, the rural sanitary authority of such district may apply to the county authority, stating that they are desirous to exercise the powers of a highway board under the Highway Acts within their district.

"On such application the county authority may, if they see fit, by order declare that from and after a day to be named in the order (in this act called the commencement of the order) such rural sanitary authority shall exercise all the powers of a highway board under the Highway Acts; and as from the commencement of the order the existing highway board (if any) for the district shall be dissolved, and waywardens or surveyors shall not hold office or be elected for any parish in the district.

“An order made under this section may be amended, altered, or tescinded by a subsequent order of the county authority.

"Where a highway district, being coincident in area with a rural sanitary district, is situate in more than one county, an order under 0.8. VOL. II.



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