and in discharging any debts legally owing by him on account of the highways within his jurisdiction, and the surplus (if any) shall be paid by him to the treasurer of the Highway Board; and he shall be entitled to receive from the Highway Board any sum not exceeding five pounds, which on the allowance of his accounts shall be found to be due to him as surveyor after the collection and expenditure of the whole of the highway rate made in the parish during the last year: 3. The Highway Board shall, for all the purposes of the principal Act, except that of levying highway rates, be deemed to be the successor in office of the surveyor of every parish within the district.'

7. WORKS AND DUTIES OF HIGHWAY BOARDS.

Maintenance of Highways.

The Highway Board shall maintain in good repair the highways within their district, and shall, subject to the provisions of the Act, as respects the highways in each parish within their district, perform the same duties, have the same powers, and be liable to the same legal proceedings as the surveyor of the parish would have performed, had, and been liable to if the Act had not passed. It shall be the duty of the district surveyor to submit to the Board at their first meeting in every year an estimate of the expenses likely to be incurred during the ensuing year for maintaining and keeping in repair the highways in each parish within the district of the Board, and to deliver a copy of such estimate as approved or modified by the Board so far as the same relates to each parish to the waywarden thereof."

How, where Roads are out of repair.

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 the highway, requiring the Board and waywarden to 125 & 26 Vict. c. 61, s. 43.

2 Ibid., s. 17.

appear before the justices at some petty sessions, in the summons mentioned, to be held in the division where the highway is situate. At such petty sessions, unless the Board undertake to repair the road to the satisfaction of the justices, or unless the waywarden deny the liability of the parish to repair, the justices 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 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 them will themselves attend to view the highway. At the last-mentioned petty sessions, if the justices are satisfied, either by the report of the person they appointed, or by their own view, 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. If the 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 into repair, and shall by order direct that the expenses of making the repairs, together with a reasonable remuneration to the person appointed for superintending the repairs, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the Board. 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.'

Expenses.

All expenses 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 the highway, and shall be recovered accordingly.

Appearance of Highway Board before Justices.

The Highway Board may appear before the justices at petty sessions by their district surveyor or clerk, or any member of the Board.'

125 & 26 Vict. c. 61, s. 18.

How, when obligation to repair is disputed.

When, on the hearing of any 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, and the necessary witnesses in support thereof to be subpoenaed, at the next assizes to be holden in and for the county, or at the next general quarter sessions of the peace for the county, riding, division, or place wherein the highway is situate, against the inhabitants of the parish, or the party charged therewith, for suffering and permitting the highway to be out of repair. The costs of such prosecution shall be paid by such party to the proceedings as the court 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 the parish in keeping its highways in repair, and shall be paid accordingly.'

8. EXPENSES OF HIGHWAY BOARDS.

How charged.

The salaries of the officers appointed for each district, and any other expenses incurred by the Board for the common use or benefit of the several parishes within the district, shall be annually charged to a district fund, to be contributed by and charged upon the several parishes within the district in proportion to the average of the expenditure incurred in them respectively during the three last preceding years in maintaining and keeping in repair the highways. The expenses of maintaining and keeping in repair the highways of each parish within the district, and all other expenses in relation to such highways, except such expenses as are authorized to be charged to the district fund, shall be a separate charge on each parish."

Mode of defraying Expenses.

For the purpose of obtaining payment from the several parishes within their district of the sums due from them,

1 25 & 26 Vict. c. 61, s. 19.

2 Ibid., s. 20.

the Highway Board shall order precepts to be issued to the overseers of the parishes, stating the sum to be contributed by each parish, and requiring the overseers within a time to be limited by the precept, to pay the sum mentioned to the treasurer of the Board, and the overseers shall comply with the requisition of such precept by paying the sums to be contributed by their respective parishes out of any monies in their hands applicable to the relief of the poor; no contribution required to be paid by any parish at any one time shall, however, exceed the sum of 10d. in the pound, and the aggregate of contribution required to be paid by any parish in any one year shall not exceed the sum of 2s. 6d. in the pound, except with the consent of four-fifths of the ratepayers of the parish in which the excess may be levied, present at a meeting specially called for the pur pose, of which ten days' previous notice has been given by the waywarden, and then only to such extent as may be determined by the meeting. In any parish where, for a period of not less than seven years immediately preceding the 29th July, 1862, it has been the custom of the surveyor of highways for the parish to levy a highway rate in respect of property not subject by law to be assessed to poor rates, the monies payable in pursuance of the precept of the Highway Board shall not be paid by the overseers, but may be raised and paid by the waywarden of the parish out of a highway rate, to be assessed and levied in manner and in respect of the property in and in respect of which the same would have been assessed and levied if the Act had not passed.'

How, when Parish does not separately maintain its own Poor.

Where any highway parish is not a parish separately maintaining its own poor, the Highway Board shall issue their precept or precepts to the overseers of the poor law parish, or of the several poor law parishes if more than one, of which the highway parish forms part, and in the precept or precepts so issued shall specify the part or parts of the poor law parish or poor law parishes constituting the highway parish in which the 125 & 26 Vict. c. 61, s. 21.

sum required by the Board is to be levied, and if there be more than one such parish shall apportion among such parts the amounts to be levied in each parish.'

Where any highway parish is so situate that there are no overseers to be found to whom the precepts of the Board may be issued, or it is uncertain to what overseers they should be issued, the precepts shall be directed to the waywarden of the parish, and it shall be his duty to levy the sums therein required to be levied.2

Overseers to levy Rates.

All overseers or other persons to whom precepts of a Highway Board are directed or authorized to be issued shall have the same powers, remedies, and privileges for and in respect of levying the rates hereby authorized to be levied for making payments to a Highway Board as they would have in the case of levying ordinary rates for the relief of the poor.

Payments to Highway Board, how enforced.

The

If any payment required to be made by the overseers of any parish, or other persons authorized to levy rates by the Act, of monies due to a Highway Board is in arrear, any two justices, on application under the hand of the chairman for the time being of the Board, may summon the overseers or other persons to show cause at petty sessions why payment has not been made. justices, after hearing the complaint preferred on behalf of the Board, may, if they think fit, cause the amount of payment in arrear, with costs, to be levied and recovered from the overseers or other persons or any of them, in like manner as monies assessed for the relief of the poor may be levied and recovered, and the amount of the arrear with the costs, when levied and recovered, to be paid to the Board."

9. ACCOUNTS.

When to be made up, audited, and published.

The accounts of every Highway Board shall be made up and balanced to the twenty-fifth day of March in every 125 & 26 Vict. c. 61, s. 22.

3 Ibid., s. 23.

2 Ibid. 4 Ibid. s. 24.