Correction of errors and omissions in plans and books of reference 10 & 11 Vict. by two justices (s. 7).

Disputes concerning rates, or charges of distresses and assessments, to be determined by a justice (s. 46).

Damage, not exceeding £50, done by vessels to the harbour, docks, or works may be recovered from the owner of vessel before two justices (s. 75); and the owner may in like manner recover it from his servants doing the damage (s. 76).

Two justices may appoint special constables named by the undertakers (s. 79), and dismiss them (s. 80).

Damages are to be recovered as under 8 & 9 Vict. c. 20 (s. 92). See tit. "Railways,” post.

HAWKERS AND PEDLARS.

c. 27.

Justices' Certificate of Applicant for Licence.] By 24 & 25 Vict. 24 & 25 Vict. c. 21, s. 6, “any licence to a hawker, pedlar and petty chapman c. 21. under the act may be granted by any authorized officer of inland revenue upon the person applying for it producing either such certificate as is now by law required before receiving a hawker's licence, or a certificate under the hand of a justice of the peace for the county or place,-or any superintendent or inspector of police of or for the district in which the officer shall reside,—that the applicant for such licence under this act is a proper person to be so licensed." [Form, Oke's "Formulist," 6th ed. p. 780.] A renewed licence may be granted, on production of previous licence immediately on its expiration, without another certificate (27 & 28 Vict. c. 56, s. 7; and see 28 & 29 Vict. c. 96, s. 18, and 29 & 30 Vict. c. 64, ss. 13, 14). For penalties see Vol. I. p. 860, under this title.

Licences to Pedlars.] These are granted by the police authorities. See the provisions in tit. "Pedlars," post.

HEALTH OF TOWNS. See "Public Health."

HIGHWAYS.

Constituting Extra-Parochial Place a Highway Parish.] By 27 & 27 & 28 Vict. 28 Vict. c. 101, s. 9, the justices in petty sessions may appoint overc. 101. seers or otherwise deal with an extra-parochial place with a view to constituting it a highway parish or part of a highway parish, in the same manner as the justices may deal with such place pursuant to 20 Vict. c. 19.

Removing Nuisances.] If timber, soil, rubbish, &c. or other matter 5 & 6 Will.4 or thing be laid on a highway so as to be a nuisance, and shall not, c. 50. after notice by the surveyor, be forthwith removed, it shall be lawful for the surveyor, by order in writing from one justice, to clear the

5 & 6 Will. 4, highway by removing the timber, and to sell same, &c.;-if insufc. 50.

27 & 28 Vict. c. 101.

5 & 6 Will. 4, c. 50.

ficient to defray the expenses of removal, the person who deposited same to pay the same, and which may be levied as penalties (5 & 6 Will. 4, c. 50, s. 73). [Forms Nos. 1-3, and Justice's Order to remove Snow, &c., No. 4, pp. 780, 781, Oke's "Formulist,” 6th ed.]

Encroachments on Highways.] Justices at petty sessions, upon proof on oath, may levy the expenses of removing any building, hedge or fence, &c., or removing dung, &c. within fifteen feet of centre of road, upon the offender (27 & 28 Vict. c. 101, s. 51; and see Offence 36, Vol. I. p. 488). It will be seen that the section 51 contains a proviso, "that where any carriageway or cartway is fenced on both sides no encroachment as aforesaid shall be allowed whereby such carriageway or cartway shall be reduced in width to less than thirty feet between the fences on each side."

Impounding Cattle.] See now 27 & 28 Vict. c. 101, s. 25, in tit. "Highways," Vol. I., Offence 62, and Note 219, Vol. I. pp. 493–495. Widening.] Two justices upon view may order highway to be widened and enlarged, &c. (5 & 6 Will. 4, c. 50, s. 82). [Forms of Order and Certificate of Justices to Quarter Sessions are given, Nos. 5, 6, pp. 781, 782, Oke's "Formulist," 6th ed.]

Diverting, stopping up, &c.] See 5 & 6 Will. 4, c. 50, s. 84, as to action of vestry in such cases, and Reg. v. Maule, 41 L. J. (N. S.) M. C. 47; S. C., Foster v. Maule, 23 Law T., N. S. 859. Two justices to view on request of surveyor (s. 84). Surveyor then to fix notice at ends, &c. of highways proposed to be diverted, turned or stopped up, in newspaper for four successive weeks after view, and on church door for four successive Sundays. Proof on oath of posting notices, with plan, verified by a surveyor of old and proposed new highway, to be made before the same justices, who are then to certify the fact of their view, &c. The same proof, plan and certificate [on parchment] to be lodged with the clerk of the peace for the quarter sessions to be holden next after the expiration of four weeks therefrom (s. 85). By sect. 88, ten clear days' notice of appeal against justices' certificate is to be given; but the 12 & 13 Vict. c. 45, s. 1, in Vol. I. p. 242, Note 5, which requires fourteen days' notice in every case of appeal to quarter sessions, appears to supersede that provision. In Reg. v. Lancashire (27 L. J. (N. 8.) M. C. 161; 30 Law T. 149), where the objection might have been taken, the 12 & 13 Vict. c. 45 was entirely overlooked by counsel and judges, but the court of Queen's Bench held, on 1st February, 1871, in Reg. v. Maule, 41 L. J. (N. S.) M. C. 47; S. C., Foster v. Maule, 23 Law T., N. S. 859, that the latter act applied to the justices' certificate here mentioned. The quarter sessions may award costs to either party, which are recoverable as penalties under the act (5 & 6 Will. 4, c. 50, s. 90; and see Reg. v. Justices of West Riding of Yorkshire, 31 L. J. (N. S.) M. C. 271; 6

Law T., N. S. 494). [In South Wales, see 23 & 24 Vict. c. 68, 5 & 6 Will. 4, 8. 38.] After road made under order of quarter sessions, two jus- c. 50. tices of the division to view same, and certify under their hands and seals that the road is made in conformity with the order, and in good condition and repair [but if the road is not of the required width throughout its length, they may refuse to certify, Reg. v. Justices of Surrey, 3 Law T., N. S. 808]; such certificate is to be returned to the clerk of the peace and by him inrolled amongst the records of the court of quarter sessions next after the order shall have been made (5 & 6 Will. 4, c. 50, s. 91). [Forms of Notices for Diverting Resolutions of Vestry, &c., Nos. 7-15; Outline of Proofs of Posting Notices, Nos. 16, 17; Justices' Certificate of View, where the proposal to stop up emanates from another party than the vestry, or where the proceeding to stop up, &c. originates with the restry, Nos. 18, 19; 47 Certificate that road is completed, No. 20, pp. 782-790, Oke's "Formulist," 6th ed.] [These provisions of 5 & 6 Will. 4, c. 50, as to widening, diverting or stopping up highways are applicable to highways paved, &c., under local or personal acts; see 25 & 26 Vict. c. 61, s. 44; 27 & 28 Vict. c. 101, s. 21; Wright v. Surveyors of Frant, 33 L. J. (N. S.) M. C. 204; Reg. v. Wright, 8 Law T., N. S. 456; and Reg. v. Justices of Surrey, 39 L. J. (N. S.) M. C. 49.]

Allowance and Recovery of Rate.] By two justices (s. 27). Forms, Oke's "Formulist," 6th ed.; No. 21, p. 790.] The allowance and recovery are the same as a poor's rate, titles "Poor," and "Rates," post. [In South Wales, see 23 & 24 Vict. c. 68, s. 25.]

Collector not paying over Monies.] By 5 & 6 Will. 4, c. 50, s. 38, every collector appointed by virtue of this act shall, at such time and in such manner as the surveyor may direct, pay all monies received by him as shall remain due from him to the said surveyor; -and if he refuse or neglect to do so, upon complaint made by the said surveyor to any justice [at any time, Meyer v. Harding, Note 19, Vol. I. p. 135], such justice may issue a summons to appear before any two justices; and upon the said collector appearing, or having been so summoned and not appearing, without some sufficient or

47 These forms of certificate have been expressly drawn to meet the case of Reg. v. Justices of Worcestershire, 23 L. J. (N. S.) M. C. 113, which decided that the certificate is defective if it does not state upon its face that all the particulars required by sect. 85 have been complied with, and see Reg. v. Phillips and another, 35 L. J. (N. S.) M. C. 217. The certificate may relate to several roads (Reg. v. Local Board of Midgley, 33 L. J. (N. S.) M. C. 88); but if separate certificates are drawn up, care should be taken in the description of the limits at which the notices were posted as to each (see Reg. v. Justices of Surrey, 39 L. J. (N. S.) M. C. 145). Where the proceedings are instituted at the desire of other persons than the inhabitants in vestry, it is not necessary that the certificate should state that the surveyor was authorized by writing of the chairman of the vestry meeting to apply to the justices to view (Reg. v. Maule, supra).

c. 50.

5 & 6 Will. 4, reasonable excuse, or not being found, it shall be lawful for the said two justices to hear and determine the matter;-and if, upon confession of the party, or by the testimony of any credible witness on oath, it shall appear to such justices that any monies remain due from such collector, such justices may, and they are hereby authorized and required upon non-payment thereof, by warrant under their hands to cause such money to be levied by distress and sale of the goods of such collector;-and if no goods and chattels of such collector shall be found sufficient to answer and satisfy the said money and the charges of distraining and selling the said goods and chattels, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city or place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding six calendar months, or until he shall have paid such monies as aforesaid, or compounded with the surveyor as aforesaid for such money;-which composition the said surveyor, with the consent of the inhabitants in vestry, or, in any parish where they do not meet in vestry, with the consent of the inhabitants contributing to the highway rate at a public meeting assembled, is hereby empowered to make and receive. [Forms, Nos. 23-27, pp. 790, 791, Oke's "Formulist," 6th edit.] [In South Wales, see 23 & 24 Vict. c. 68, s. 34.] In highway districts under 25 & 26 Vict. c. 61, see s. 31, infra, and 27 & 28 Vict. c. 101, s. 31. Railways interfering with Roads.] See 8 & 9 Vict. c. 20, in tit. "Railways," post.

25 & 26 Vict. c. 61.

Appeal against Justices' Determination in any Case.] See 5 & 6 Will. 4, c. 50, s. 105, in Note 211, Vol. I. p. 483, which 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. 242, Note 5, and Reg. v. Maule, p. 1422, as to notice before the quarter sessions.

Repair of Roads in Highway Districts.] By 25 & 26 Vict. c. 61, s. 18, "where complaint is made to any justice of the peace that any highway within the jurisdiction of the highway board is out of repair, the justice shall issue two summonses, the one addressed to the highway 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;-48 and at such petty sessions, unless the board under

48 By sect. 42, sub-s. 6, "any summons or notice, or any writ or any proceeding, at law or in equity, requiring to be served upon the board, may be served by the same being left at or transmitted through the post

take to repair the roads to the satisfaction of the justices, or unless 25 & 26 Vict. the waywarden deny the liability of the parish to repair, the justices c. 61. shall direct the board to appear at some subsequent petty sessions to be then named, and shall either appoint some competent person to view the highway, and to 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. At such last-mentioned petty sessions, if the justices 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 complained of; -and if such highway is not put in complete and effectual repair by the time limited in the order, the justices in petty sessions shall appoint some person to put the highway in 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. 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 at petty sessions by their district surveyor or clerk, or any member of the board." By sect. 19, when, on the hearing of any such summons respecting the repair of any highway, the liability to repair is denied by the waywarden on behalf of his parish, or by any party charged therewith, the justices shall direct a bill of indictment to be preferred [but they cannot do so when the liability to repair is not denied, although it is denied that the road is a highway, Reg. on prosecution of Carter v. Parker and Garland, Justices of Dorset, 35 L. J. (N. S) M. C. 210], and the necessary witnesses in support thereof to be subpoenaed, 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 by such party to the proceedings as the court

in a prepaid letter directed to the office of the board, or being given personally to the district surveyor or clerk of the board." As to service of such documents issued by the board, see a similar enactment, 27 & 28 Vict. c. 101, s. 26.