When parish is situate in more than one county.

Parishes may be united for purpose of forming a

district, on application to be made to

Justices at quarter sessions.

12. And be it further Enacted, That when a parish is situated in more than one county, division, or liberty, the surveyor so to be appointed as last aforesaid shall be appointed by the Justices at a special sessions for the highways assembled in that county, division, or liberty in which the church of the said parish shall be situate.

13. And whereas it is expedient that in many cases parishes should be formed into districts for the purpose of having one sufficient person to be the district surveyor, who should have the superintendence and management of the funds to be raised and levied under the provisions of this Act in each parish forming part of such district; Be it therefore Enacted, That it shall and may be lawful for the inhabitants of any parish in vestry assembled, if they shall think fit, to empower and direct one of the churchwardens of such parish, or the chairman of the said vestry, to make application to the Justices assembled at the quarter sessions for the county, or, where the parishes to be united shall be situated in the same division, at some special sessions for the division in which such parish shall be situate, for the purpose of being united with one or more parishes to form a district for the purposes aforesaid, and at the same time to nominate one fit and proper person to be returned to the said Justices to be appointed as such district surveyor, together with the amount of the yearly salary which the said inhabitants in such vestry assembled shall agree to pay to such district surveyor; which application, with the name of such last-mentioned person shall be forthwith made in writing, signed by the churchwardens of the said parish, or by the chairman of the said vestry as aforesaid, and fowarded to the clerk of the peace in and for the said county, or to the clerk of the Justices in and for the said division, as the case may be, who shall lay the same before the Justices at the quarter sessions then next holden in and for the said county, or at the special sessions as aforesaid (a).

(a) This and the four following clauses were framed for the purpose of enabling parishes to be united, and placed under the superintendence of a district surveyor.

and to select

district sur

veyor.

14. And be it further Enacted, That on such application Justices at sessions to unite as aforesaid being made by two or more parishes to the said parishes Justices, they are hereby authorized at the said quarter into districts, sessions or at some special sessions as aforesaid to take the and appoint a same into their consideration, and to unite such and so many of the parishes so applying as aforesaid, as they shall think fit, into a district or districts for the purposes of this Act; and the said Justices shall select and appoint out of the persons so nominated as aforesaid by the several parishes so united into one district one fit and competent person to be the surveyor for such district composed as aforesaid, which appointment shall be in writing.

a

sent to each

peace.

Parishes when

15. And be it further Enacted, That the names of the said Names of parishes and of parishes so united, and the name of the person so appointed district suras district surveyor, shall be reduced into writing, signed by veyor to be the chairman of the said quarter sessions, or by the majority of churchwarden, the magistrates present at such special sessions, and shall be &c. by clerk of transmitted by him or them to the clerk of the peace, who shall lay the same before the Justices assembled at the quarter sessions in and for the said county, or at some adjournment thereof, who are hereby authorized and required to cause the same to be enrolled with the records of the court; and a copy thereof shall be sent by such clerk of the peace to each of the churchwardens or the surveyor of each of the said parishes so united; and such parishes so united shall continue to form district for the purposes of this Act for the space of three years a district for then next following, and from thenceforward until the church- purposes of warden of any one of the said parishes so united, or the chairman three years. of the vestry, shall, by direction and in pursuance of a resolu-* tion of the inhabitants in vestry assembled, give twelve months Any one parish notice to the churchwardens and surveyor of each of the other may give noparishes, and to the said district surveyor appointed by the tion to cease to said Justices, and to the clerk of the peace of the county in such district. which the said parishes are situate, of the intention of the said parish to cease to form a part of the said district; in which case, from and after the expiration of the said twelve months notice, the union of the said parishes into such district

united to form

this Act for

tice of inten

form one of

District surveyor to have power, &c. of surveyor, except in levying rate.

as aforesaid, and the appointment of the said district surveyor, shall cease and determine so far as may concern or be binding on the said parish so giving such notice as aforesaid.

16. And be it further Enacted, That such district surveyor when so appointed shall for all the purposes of this Act, except the making, assessing, and levying the rate in and by this Act authorized to be made, assessed, and levied, have, as far as the same are applicable, the same powers, and be subject and liable to the same duties, penalties, and forfeitures, as any surveyor elected under the provisions of this Act is invested with and liable to, and shall have the laying out and application of all the funds raised and levied under the authority of this Act: Provided nevertheless, that such district surveyor shall not expend any monies levied in any one of the said united parishes except for the use and benefit of the parish in which it is so levied, unless with the consent of the inhabitants of such parish in vestry assembled, for the purpose of carrying on repairs or beneficial improvements under the provisions of this Act for the common benefit of the said united parishes; and such district surveyor shall annually receive from each of trict surveyor the parishes composing his district respectively such salary as shall have been agreed upon by the several parishes in manner aforesaid, which salary shall be paid to such district surveyor by the surveyor of the highways, out of the money raised in each of such parishes under the authority of this Act; and in case of non-payment thereof, the same shall be recoverable from the surveyors of the highways of such parishes, to and for his own use, in the same manner as any forfeiture is recoverable under this Act.

Salary of dis

how to be paid.

When parishes are united, a surveyor to be appointed to

17. And be it further Enacted, That in each of the parishes so united into a district as aforesaid a surveyor shall be elected, as herein mentioned, in addition to the district surveyor so make rate, &c. appointed as aforesaid: Provided nevertheless, that such surveyor shall only be authorized and required to make, assess, and levy the rate herein directed to be made, assessed, and levied, and from time to time pay over the money arising therefrom to such district surveyor.

recting repairs

rishes.

Powers of the

18. And whereas it is expedient in large and populous pa- Appointment rishes that the repairs of the highways should be under the of a board didirection and control of a certain number of inhabitants, to be in large pachosen and appointed as a board for that purpose, with necessary powers; Be it therefore further Enacted, That in any parish where the population by the then last census, taken from the returns made to parliament, exceeds the number of five thousand, if it shall be determined by a majority of two thirds of the votes of the vestrymen present at such meeting as aforesaid, to form a board for the superintendence of the highways of the said parish, and for the purpose of carrying the provisions of this Act into effect, it shall be lawful for the said vestry to nominate and elect any number of persons, not exceeding twenty nor less than five, being respectively householders and residing in and assessed to the rate for the relief of the poor of the said parish, and also liable to be rated to the repair of the highways in the said parish under and by virtue of this Act, to serve the office of surveyors of the highways for the year ensuing; and such persons so to be nomi- board. nated and elected as such surveyors or any three of them, shall and are hereby authorized to act as a board, and to be called "The Board for Repair of the Highways in the parish of (as the case may be), and to carry into effect the powers, authorities, and directions in this Act contained; and such board are hereby authorized to appoint a collector, or any number of collectors, of the rates to be made under the authority of this Act, and also to employ a person of skill and experience to act as an assistant surveyor to the said board, and also a clerk to attend the said board, and to keep the accounts and minutes of the proceedings thereof; such assistant surveyor and clerk to be paid such reasonable salaries out of the said rates as the said board shall determine; and upon such board being so nominated and elected as aforesaid all and every the powers and authorities given and created by this Act, and granted to or vested in the vestry, and in any person or persons as surveyor, shall, for the purposes of the parish so nominating and electing such board, be and the same are hereby declared to be vested in the said persons so to be elected, or any three of

Treasurer may them acting as such board as aforesaid; and such persons, or be appointed. any three of them at a meeting to be convened for that purpose, may and they are hereby authorized to nominate and appoint a fit and proper person to be treasurer for the deposit of the monies to be collected for the purposes of this Act, and to take from such person good and sufficient security for the monies to be deposited in his hands as aforesaid; and all monies to be drawn from such treasurer for the purposes of this Act shall be drawn by drafts or cheques to be signed by the said persons so to be nominated and elected as aforesaid, or any three of them, at some one of their meetings to be held under this Act, and such drafts shall be respectively signed and entered in their books by the said clerk to be appointed as aforesaid: Provided always, and it is hereby declared, that the expiration of the year for which such board shall be upon elected as aforesaid, and before or on the day for the nomination and election of persons as surveyors under the authority of this Act, the said board shall and are hereby directed to present to the vestry of the parish for which they shall have acted copies of all their accounts and also of the minutes of their proceedings during the preceding year.

Board to present to vestry copies of accounts, &c.

Board may hire or purchase premises.

Surveyor, &c. for every neglect of duty

19. And be it further Enacted, That it shall and may be lawful to and for such board to rent, or with the consent of the vestry of any parish to purchase, a fit and convenient piece of ground or other premises for the keeping of the implements and materials necessary for the reparation of the highways, or for the preparing the materials for the same respectively, and to determine and direct how and in what manner the highways in the said parish, or any or either of them, or any and what part or parts thereof, shall be curbed or paved with stone or otherwise.

20. And be it further Enacted, That if any surveyor or district surveyor or assistant surveyor shall neglect his duty shall forfeit not in any thing required of him by this Act, for which no particular penalty is imposed, he shall forfeit for every such offence any sum not exceeding five pounds (a).

exceeding 51.

(a) For the mode of recovering this penalty, see sec. 103. post.