c. 61. 25 & 26 Vict. before whom the case is tried shall direct, and if directed to 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 court has no power to order the costs when the road is a private road, Reg. v. Buckland, 34 L. J. (N. S.) M. C. 178; 12 Law T., N. S. 380]. 27 & 28 Vict. c. 101. 25 & 26 Vict. c. 61. Recovering Contribution from Parishes in Highway Districts.] The sections hereon in the 25 & 26 Vict, c. 61 are repealed; and 27 & 28 Vict. c. 101, s. 32, provides how the expenses incurred by the highway board are to be charged to the several parishes and district fund respectively. For the purpose of obtaining payment from the parishes, the highway board are to issue precepts to the waywardens or overseers, stating the sum to be contributed, and requiring payment within a stated time to the treasurer of the board (s. 33), Waywardens and overseers have power to levy rates for making payments to highway board (s. 34). By sect. 35, "if any payment required to be made by the overseers or waywardens of any parish of monies due to a highway board is in arrear, it shall be lawful for any justice, on application under the hand of the chairman for the time being or by the clerk of such board, to summon the said overseers or waywardens to show cause at petty sessions why such payment has not been made ;-and the justices at such petty sessions after hearing the complaint preferred on behalf of the board, may, if they think fit, cause the amount of payment in arrear, together with the costs occasioned by such arrear, to be levied and recovered from the said overseers or waywardens, or any of them, in like manner as monies assessed for the relief of the poor may be levied and recovered [see tit. Rates,' post], and the amount of such arrear, together with the costs aforesaid, when levied and recovered, to be paid to the said board." Appeal against Rates.] 27 & 28 Vict. c. 121, s. 37. See tit. "Poor," ante, p. 1308. Accounts of Highway Board.] An appeal is allowed to the quarter sessions against items of expense and expenditure charged to a parish or the district fund (27 & 28 Vict. c. 101, ss. 36, 38, 39, 40). Officers of Highway Board failing to account.] See 25 & 26 Vict. c. 61, s. 31, being a similar provision to 5 & 6 Will. 4, c. 50, s. 38, ante, p. 1423. Recovery of Costs of Repairs of Highways from Parties liable ratione tenura.] By 25 & 26 Vict. c. 61, s. 34, "where any highway which any body politic or corporate or person is liable to repair by reason of tenure of any land, or otherwise howsoever, shall be adjudged [in manner provided by The Highway Act, 1862,' to be out of repair, 27 & 28 Vict. c. 101, s. 23], the highway board of the district in which such highway is situate may, if they see fit, direct their surveyor to repair the same, and the expenses to be incurred in c. 61. such repair shall be paid by the party liable to repair as aforesaid; 25 & 26 Vict. --and it shall be lawful for any justice, upon the application of any person authorized in this behalf by the highway board, to summon the party liable to pay such expenses to appear before two justices at a time and place to be named in such summons, and upon the appearance of the parties, or in the absence of either of them, it shall be lawful for such justices to hear and determine the matter, and make such order, as well as to costs or otherwise, as to them may seem just." Highways repairable ratione tenure made repairable by Parish.] By 25 & 26 Vict. c. 61, s. 34, "where any person or corporation is liable, by reason of tenure of lands or otherwise, to repair any highways situate in a highway district, the person or corporation so liable [or, the highway board, 27 & 28 Vict. c. 101, s. 24] may apply to any justice of the peace for the purpose of making such highway a highway to be repaired and maintained by the parish in which the same is situate;--and such justice shall issue summonses requiring the waywarden of such parish, the district surveyor, and the party so liable to repair such highway as aforesaid, to appear before two or more justices in petty sessions assembled,—and the justices at such petty sessions shall proceed to examine and determine the matter, and shall, if they think fit, make an order under their hands that such highway shall thereafter be a highway to be thereafter repaired and maintained by the parish, and shall in such order fix a certain sum to be paid by such person or corporation to the highway board of the district, in full discharge of all claims thereafter in respect of the repair and maintenance of such highway; --and in default of payment of such sum the board may proceed for the recovery thereof in the same manner as for the recovery of penalties or forfeitures recoverable under this act."49 Then follow provisions as to the investment of sums paid in full; allowing an appeal to the quarter sessions against the justices' order, &c. Roads laid out and adopted by Parish.] By 25 & 26 Vict. c. 61, s. 36, upon application made by the district surveyor with consent of vestry, &c., justices in petty sessions may declare a driftway, or private carriage or occupation road, to be a public carriage road to be repaired at the expense of the parish. The adoption of parish roads by council of boroughs is provided for by sect. 45. See "Highways and Locomotives (Amendment) Act, 1878," ante, pp. 1225-1241. 49 By 25 & 26 Vict. c. 61, s. 47, penalties and money are to be recovered before two or more justices in manner directed by the 11 & 12 Vict. c. 43. 29 Vict. c. 37. 8 & 9 Vict. c. 118. 15 & 16 Vict. c. 79. HOP TRADE. Search Warrant for Bags or Pockets improperly marked.] By "The Hop (Prevention of Frauds) Act, 1866," s. 10, "if after the 21st day of August, 1866, it shall be made appear to any justice of the peace, upon information upon oath, that hops contained in any bag or pocket, or any bag or bags, pocket or pockets, are in the care or custody of any person, which bag or bags, pocket or pockets, there is good reason to believe is or are not marked as required by, or has or have thereon any mark contrary to, this act and the said recited acts [see the Offences in title Hop Trade,' Vol. I. pp. 500504], it shall be lawful for such justice to issue his warrant to any constable or constables, empowering or requiring him or them to enter upon any place or places where such hops, bag or bags, pocket or pockets may be, and to take with him or them all necessary persons, and there to search for the said hops, bag or bags, pocket or pockets, and if he or they shall find there any hops in any bag or pocket, or any bag or bags, pocket or pockets, which he shall bona fide believe to be marked contrary to, or not to be marked as by the said acts and this act required, to seize the said hops, bag or bags, and pocket or pockets, and to detain the same for a space of time not exceeding one month, or such further time as any justice of the peace may order." INCLOSURES. Matters in relation to Inclosure.] Declaration of valuer before acting to be made before any justice (8 & 9 Vict. c. 118, s. 38). [Form, No. 1, p. 791, Oke's "Formulist," 6th ed.] Certificate of public roads and ways set out being sufficiently formed and completed, to be made by two or more justices for the county, &c. in which lands to be inclosed shall be situate (s. 67). [Form, No. 2, p. 792, Oke's" Formulist," 6th ed.] The stopping, diverting or altering roads is with the valuer, and not the justices, subject to appeal to quarter sessions (ss. 62, 63; see Reg. v. Justices of Huntingdonshire, 1 L. Rep., Q. B. 36). Certificates of two justices of the election of field reeve (s. 117); order for compensation for rateable increase or diminution of rights (s. 119); recovery of expenses of exchanges and divisions (s. 151). Recovery of penalties or forfeitures imposed by commissioners or assistant commissioners before any two justices of the county not interested (s. 159). See 3 & 4 Will. 4, c. 35, s. 1, as to remedy for rates for the purpose of setting out and making roads, &c. The other acts relating to inclosures are:-9 & 10 Vict. c. 70; 10 & 11 Vict. c. 111; 11 & 12 Vict. c. 99; 12 & 13 Vict. c. 83; 15 & 16 Vict. c. 79; 20 & 21 Vict. c. 31, and 22 & 23 Vict. c. 43. Obtaining Possession of Encroachments.] By 15 & 16 Vict. c. 79, 8. 13, when any person, by whom any encroachment or inclosure 15 & 16 Vict. of whatever value, which, under the 8 & 9 Vict. c. 118, shall be c. 79. deemed to be parcel of the land subject to be inclosed [which excludes ancient inclosures, Chilcote v. Youldon, 29 L. J. (N. S.) M. C. 197; 2 Law T., N. S. 370], shall be actually occupied, shall neglect or refuse to quit and deliver up possession of the same, or any part thereof, to the valuer acting in the matter of the inclosure, within one calendar month next after the determination of claims under the said act, the possession may be recovered by such valuer under the provisions of the 1 & 2 Vict. c. 74 [see tit. "Landlord and Tenant," post], in such and the same manner as if such occupier of an encroachment or inclosure were the tenant of a house, land or corporeal hereditament, the possession of which is recoverable under such last-mentioned act, whose term or interest had ended, and the valuer were the landlord of the said premises;-provided always, that the form of notice of valuer's intention to apply to justices to recover possession, complaint before two justices, and warrant to peace officer to take and give possession, set forth in the schedule to this act, shall be substituted for the forms set forth in the 1 & 2 Vict. c. 74: the expenses incurred by the valuer to be deemed expenses in the matter of the inclosure. [Forms, Nos. 3-6, Oke's "Formulist," 6th ed. pp. 792, 793.] Compensation for surface Damage in working Mines and Quarries.] 22 & 23 Vict. By 22 & 23 Vict. c. 43, s. 4, "in case it shall be provided [by the c. 43. provisional order of the Inclosure Commissioners, s. 1] that the whole or any part of such compensation as aforesaid [i. e., for surface damage in working mines, minerals, stone or other substrata under the land inclosed, ss. 1, 2] shall be made by the owners of allotments collectively, either including or not including the lord or such other person as aforesaid, then all such damage as may at any time and from time to time be done to any allotment by any of the means aforesaid [s. 3] shall be assessed and raised as follows; (that is to say, it shall be lawful for any person who may sustain any such damage as aforesaid to give information thereof to any two or more justices of the peace for the county or riding or other division or place within which the lands which shall have been inclosed, or the greater part thereof, shall be situate (ten days' previous notice of such intended information having been fixed on the church door of the parish or other ecclesiastical district); and such justices shall and are hereby empowered to examine and inquire into such complaint in a summary way, and by examination of witnesses upon oath, or by such other evidence as they shall think proper;—and such justices shall determine the amount of such damage, and order the payment thereof to the party damaged by the persons, and in the manner hereinafter expressed," [i. e. by the owners of the allotments as imposed by the valuer's award by a rate, such rate to be enforced by 22 & 23 Vict. two or more justices by distress (ss. 5, 6, 7), and imprisonment in default under 11 & 12 Vict. c. 43, s. 22, p. 228, in Vol. I.] c. 43. 25 & 26 Vict. c. 87; 30 & 31 Vict. c. 117; 34 & 35 Vict. c. 80. Drainage of Land.] Vide 24 & 25 Vict. c. 133, referred to under title "Drainage," ante, p. 1381. INDUSTRIAL AND PROVIDENT SOCIETIES. The Industrial and Provident Societies Act, 1862," repealed the previous Acts of 15 & 16 Vict. c. 31; 17 & 18 Vict. c. 25; and 19 & 20 Vict. c. 40 (s. 1). It is amended by "The Industrial and Provident Societies Act, 1867," 30 & 31 Vict. c. 117 (which repeals some of the provisions of the 25 & 26 Vict. c. 87, and incorporates the two as one act), and by "The Industrial and Provident Societies Act, 1871," 34 & 35 Vict. c. 80. I. Analysis of the Acts. II. Jurisdiction of the Judges. I. Analysis of the Acts. Purposes for which Societies may be established.] By 25 & 26 Vict. c. 87, s. 2, societies registered under 15 & 16 Vict. c. 31, are entitled to obtain without fee a certificate of registration on applica tion to the registrar of friendly societies. By sect. 3, "any number of persons, not being less than seven, may establish a society under this act for the purpose of carrying on any labour, trade, or handicraft, whether wholesale or retail [except the working of mines and quarries, but this exception is repealed by 30 & 31 Vict. c. 117, s. 1], and except the business of banking, and of applying the profits for any purposes allowed by the Friendly Societies Acts, or otherwise permitted by law." By 34 & 35 Vict. c. 80, s. 5, the buying and selling land is to be deemed to be a "trade." By 30 & 31 Vict. c. 117, s. 2, a society registered under this act may hold in its registered name any amount of interest in any other society so registered; but if any other person hold or claim in any society so registered any interest exceeding £200 sterling, such person shall incur a penalty equal to the excess of such interest over such sum. Rules and Registration of Societies.] The rules are to contain provisions in respect of the matters mentioned in the schedule to the act (25 & 26 Vict. c. 87, s. 4, and see 30 & 31 Vict. c. 117, ss. 10, 14, as to rules of societies established under it and substitution of a new schedule). Two copies of them are to be forwarded to the registrar of friendly societies, which are to be dealt with by him as provided by "The Friendly Societies Act, 1875";—and his certificate of registration is to be conclusive evidence that the society has been duly registered, and thereupon the members become a body corporate by the name therein |
