Liability of Members of Board.

No member of a board, by being party to, or executing in his capacity of member, any contract or other instrument on behalf of the Board, or otherwise lawfully exercising any of the powers given to the Board, shall be subject to be tried or prosecuted, either individually or with others, by any person whomsoever; and the bodies or goods or lands of the members shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into, tried, or executed by them, or by reason of any other lawful act done by them in execution of any of the powers of the Board; and the members of the Board may apply any moneys in their hands for the purpose of indemnifying themselves against any losses, costs, or damages they may incur in execution of the powers granted to them."

Jurisdiction of Justices.

No Justice of the Peace shall act as such in any matter in which he has already acted as a member of the Highway Board, and in which the decision of the Board is appealed against.*

4. PROCEEDINGS OF HIGHWAY BOARDS.

Their Meetings.

The Board shall meet for the despatch of business, and shall from time to time make such regulations with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business, including the quorum at meetings of the Board, as they think fit, subject to the following conditions:-The first meeting shall be held at the time and place fixed by the order of the justices in that behalf. If any Highway Board make default in holding its first meeting, the Board shall not thereupon become disqualified from acting, but the justices in general or quarter sessions shall, on the application of any persons liable to pay highway rates within the district, make such order as 1 25 & 26 Vict. c. 61, s. 9. 2 Ibid., s. 38. 3 Ibid., s. 9, and Sch.

they think fit for the holding of the Board at some other time. Any order so made shall be deemed to be an order capable of being removed into the Court of Queen's Bench, in pursuance of the 12 and 13 Vict. c. 45, and may be enforced accordingly. The costs of any such application to the Court of Quarter Sessions shall be defrayed out of the district fund of the Board.' Not less than four ordinary meetings shall be held in each period of twelve months:- An extraordinary meeting may be summoned at any time on the requisition of three members of the Board addressed to the Clerk of the Board.2

Quorum and Voting at Meetings.

The quorum to be fixed by the Board shall consist of not less than three members:-All questions shall be decided by a majority of votes of the members present: -The names of the members present, as well as of those voting upon each question, shall be recorded. In case of an equality of votes at any meeting, the chairman for the time being shall have a second or casting vote.2

Chairman and Vice-Chairman.

The Board shall, at their first meeting, and afterwards from time to time at their first meeting after each annual appointment of members of the Board, appoint one of their members to be chairman and one other of their members to be a vice-chairman for the year following such choice.2

If any casual vacancy occur in the office of chairman or vice-chairman, the Board shall, as soon as they conveniently can after the occurrence of the vacancy, choose some member to fill the same; and every chairman or vice-chairman so elected shall continue in office so long only as the pers on in whose place he may be so elected would have been entitled to continue if the vacancy had not happened.3

If at any meeting the chairman is not present at the time appointed for holding the meeting, the vice-chair125 & 26 Vict. c. 61, s. 40. 2 Ibid., Sch. 3 Ibid., s. 9, and Sch.

man shall be the chairman of the meeting, and if neither the chairman nor vice-chairman shall be present, then the members present shall choose some one of their number to be chairman of the meeting.'

Orders and Precepts of Board.

All orders of the Board for payment of money, and all precepts issued by the Board, shall be signed by the chairman for the time being of the meeting, and two other members of the Board, and countersigned by the Clerk of the Board.'

Summonses and Notices.

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 in a prepaid letter directed to the office of the Board, or being given personally to the district surveyor or Clerk of the Board.

5. ELECTION OF WAYWARDENS.

Annual Election.

In every parish forming part of a highway district there shall be elected every year for the year next ensuing a waywarden, or such number of waywardens as may be determined by order of the justices and a waywarden shall continue to act until his successor is appointed, and shall be re-eligible."

Such waywarden or waywardens shall be elected in every parish forming part of a highway district at the meeting and time and in the manner, and subject to the same qualification and the same power of appointment in the justices in the event of no election taking place, or in the event of a vacancy, at, in, and subject to which a person or persons to serve the office of surveyor would have been chosen or appointed under the 5 & 6 Wm. IV. c. 50, if this Act had not passed:3

The justices shall in their provisional order make provision for the election of a waywarden or waywardens in

1 25 & 26 Vict. c. 61, s. 9, and Sch. 2 Ibid., s. 42. 3 Ibid. s. 10.

places where no survey or or surveyors were elected previously to the place forming part of a highway district.'

6. APPOINTMENT AND DUTIES OF OFFICERS.

Clerk, Treasurer, and Surveyors.

The Highway Board shall, at their first meeting or at some adjournment thereof, by writing under their seal, appoint a treasurer, clerk, and district surveyor; they may also at any meeting, if they think fit, appoint an assistant surveyor; and they may from time to time remove any of such officers, and appoint others in the room of such as may be so removed, or as may die or resign; they may also, out of any monies in their hands, pay such salaries as they think reasonable to the clerk and district and assistant surveyor, and to the treasurer, if they think necessary: Before the treasurer enters upon his office the Board shall take sufficient security from him for the due performance of the duties of his office. No appointment, however, except the first, to any of the offices above specified shall be made unless notice in writing has been sent to every member of the Board.2

Two Offices not to be held by the same Person.

Not more than one office of treasurer, clerk, and district or assistant surveyor of the same Highway Board shall be held by the same person, or by persons in partnership with each other, or by persons in the relation of employer and clerk, agent, or servant, one of the other, or of the partner of either of them; and if any person so accepts or holds the office of treasurer, clerk, or district or assistant surveyor, he shall be liable to a penalty not exceeding fifty pounds."

Duties of Treasurer.

The treasurer shall receive, and hold to the account of the Board, all monies paid to or for the use of the Board, and shall make payments thereout under orders of the Board, and shall once in every three months, on or at 2 Ibid., s. 12. 3 Ibid., s. 13.

125 & 26 Vict. c. 61, s. 10.

such days or times as the Board may direct, or oftener if required by the Board, make up an account of all monies received and paid by him, and deliver the same to the Clerk of the Board.'

Duties of Clerk.

be

The clerk shall in person, or by such deputy as may allowed by the Board, attend all meetings of the Board, and shall conduct their correspondence and enter and keep, in books to be provided for the purpose, notes, minutes, or copies, as the case may require, of the meetings, acts, orders, resolutions, proceedings, and correspondence of the Board, and shall keep all books, papers, and documents committed to his charge, and shall perform all such other duties as the Board may direct.2

Duties of District Surveyor.

The district surveyor shall act as the agent of the Board in carrying into effect all the works and performing all the duties required by the Act to be carried into effect or to be performed by the Board, and he shall in all respects conform to the orders of the Board in the execution of his duties; and the assistant surveyor, if any, shall perform such duties as the Board may require, under the direction of the district surveyor."

Outgoing Surveyors.

On the formation of a highway district, the following regulations shall be enacted with respect to the surveyors and the Highway Board: 1. No surveyor shall be appointed under the principal Act for any parish within the district; 2. The outgoing surveyor of every parish within the district shall continue in office until seven days after the appointment of the district surveyor by the Highway Board of the district of such outgoing surveyor, and no longer; and he may recover any highway rate made and then remaining unpaid, in the same manner as if the new Act had not been passed; and the money so recovered shall be applied, in the first place, in reimbursing any expenses incurred by him as surveyor,

125 & 26 Vict. c. 61, s. 14. 2 Ibid., s. 15. 3 Ibid., s. 16.