after 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; Provided always, that when the sum so fixed to be paid in full discharge of all claims thereafter in respect of the repair and maintenance of such highway exceeds fifty pounds the same, when received, shall be invested in the name of the Highway Board of the district in some public Government securities, and the interest and dividends arising therefrom shall be applied by such Board towards the repair and maintenance of the highways within the parish in which such highway is situate; but when such sum does not exceed fifty pounds the same or any part thereof, at the discretion of such Highway Board, shall from time to time be applied by such Board towards the repair and maintenance of the highways within such parish: Provided that any person aggrieved by any order of justices made in pursuance of this section may appeal to a court of general or quarter sessions holden within four months from the date of such order; but no such appeal shall be entertained unless the appellant has given to the other party to the case a notice in writing of such appeal, and of the matter thereof, within fourteen days after such order, and seven clear days at the least before such sessions, and has entered into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as may be by the court awarded; and upon such notice being given, and such recognizance being entered into, the court at such sessions shall hear and determine the matter of the appeal, and shall make such order thereon, with or without costs to either party, as to the court may seem meet:

From and after the making of such order by the justices, or by the court on appeal, as the case may require, such highway shall be repaired in like manner

I

and at the like expense as highways which a parish is, liable to repair. (h)

[Provision as to Roads laid out.

36. Where the inhabitants of any parish are desirous of undertaking the repair and maintenance of any driftway, (i) or any private carriage or occupation road, within their parish, in return for the use thereof, the district surveyor may, at the request of the inhabitants of such parish assembled in a vestry duly convened for the purpose, and with the consent in writing of the owner and the occupier of every part thereof, apply to the justices in petty sessions to declare such driftway or road to be a public highway to be repaired at the expense of the parish; and upon such application being made it shall be lawful for the justices to declare the same to be a public carriage road to be repaired at the expense of the parish. (j)

Surveyor of Highway Board exempted from Turnpike Tolls.

37. No toll shall be demanded by virtue of any Act of Parliament on any turnpike road from the surveyor of a Highway Board when executing or proceeding to execute his duties as such surveyor, and all provisions applicable to the exemptions in the Act of the third year of King George the Fourth, chapter one hundred and twenty-six, shall apply to the case of the exemptions conferred by this enactment. (k)

(h) With reference to the provisions of this section, see Glen's "Highway Laws," second edition, and 5 & 6 Wm. IV. c. 50, s. 62, and 23 & 24 Vict. c. 68, s. 37. Note, however, the limitation in these two Acts as to the amounts therein mentioned-namely, £100; in the present Act, the limitation is £50 only.

See also note (j), infra.

(2) A "driftway" is a way which the public have a right to use either on foot or horseback, and is called a pack and prime, or drift or bridleway.

(i) After the 25th March, 1879, notwithstanding anything in the Highway Acts, the expenses incurred by the Highway Board in keeping in repair the highways of each parish in their district, will be payable out of the common fund, instead of being charged on the parish: 41 & 42 Vict. c. 77, s. 7, post, p. 187.

(k) The provisions of the General Turnpike Act, 3 Geo. IV. c. 126, here referred to, are the following, viz.:

Limiting Jurisdiction of Justices.

38. 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 such Board is appealed against. (1)

Sec. 32. "No toll shall be demanded or taken by virtue of this or any other Act or Acts of Parliament on any turnpike road. . of or from any person or persons, for any horse or horses or other beast or cattle, or for any waggon, wain, cart, or other carriage, employed in carrying or conveying, or going empty to fetch, carry, or convey, or returning empty from carrying or conveying, having been employed only in carrying or conveying, on the same day, any stones, bricks, timber, wood, gravel, or other materials for making or repairing any turnpike road or public highway, or for building, rebuilding, or repairing any present or any future bridge or bridges on any such road or public highway." The section also exempts from toll surveyors of turnpike roads, waggons, &c., conveying manure (except lime), or implements of husbandry, or agricultural produce, also horses, &c., employed in husbandry.

Sec. 26. "In any case in which under any Act or Acts of Parliament relating to any turnpike road, there is an exemption from toll or duty in respect of any horse, mule, ass, ox, waggon, cart, or other carriage, drawing or carrying any dung, mould, marl, or compost of any nature or kind soever for improving or manuring the land, or hay, straw, or any other fodder for cattle, or materials for repairing any turnpike road or highway, such exemption shall be deemed to extend in respect of every such waggon, cart, or other carriage, and also in respect to the cattle drawing the same, going empty or loaded only with implements necessary for more convenient carriage, or loading or unloading such lading, or returning empty or with such implements as aforesaid, having been so laden, notwithstanding the said waggon, cart, or other carriage shall, for the purpose aforesaid, go to or return from any parish or place in which the said turnpike does not lie."

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By s. 27, for preventing fraud on toll-collectors, the owner or driver of any empty waggon, cart, or carriage, claiming exemption, must pay the toll before passing through the gate; and the toll-collector is required under a penalty to give the owner or driver a ticket, marked "manure exemption" or road materials," and to refund the amount paid on production of such ticket on the return of the waggon, &c., laden with the manure or road materials. By s. 28, The owner or driver shall not be liable to toll by reason of any basket, empty sack, spade, shovel, or fork, necessary for unloading the materials, if the loading of the waggon, &c., is substantially manure for land or materials for the repair of any highway. By 4 Geo. IV. c. 95, s. 10, the exemptions are not to apply unless the wheels of the waggon, &c., are at least 4 inches broad, except in the case of waggons, &c., carrying agricultural produce, manure, or implements of husbandry only. And by s. 17 of the same Act, the exemptions are not to apply to additional tolls for overweight.

(1) Unless there be an appeal against the decision of the Highway

Power to alter Highway Districts.

39. Any highway district formed under this Act may from time to time be altered (m) by the addition of any parishes in the same or in any adjoining county, (n) or the subtraction therefrom of any parishes, and new highway districts may be formed by the union of any existing highway districts in the same or in any adjoining county, or any parishes forming part of any existing highway districts, or any highway district may be dissolved; but any such alteration of existing districts, or formation of new districts, or dissolution of any district, shall be made by provisional and final orders of the justices; and all the provisions of this Act with respect to the formation of highway districts and provisional and final orders of justices, and the notices to be given of and previously to the making of such orders, and all other proceedings relating to the formation of highway districts, shall, in so far as the same are applicable, extend to such alteration of existing or formation of new districts, or dissolution of districts, as is mentioned in this section; (0) and in addition thereto provision shall be made, if necessary, in any orders of justices made under this section for the adjustment of any matters of account arising between parishes or parts of Board, there is nothing in this section to prevent a justice who is a member of the Highway Board from acting as a justice in any matter in which he may have already acted as a member of the Board. But see the provision in 27 & 28 Vict. c. 101, s. 46, post, p. 165. As regards notice of appeal to the quarter sessions, see 12 & 13 Vict c. 45, s. 1.

(m) In order that highway districts may be made so far as possible coincident with rural sanitary districts, it is enacted by 41 & 42 Vict. c. 77, s. 3, (post, p. 181), that in altering the boundaries of any highway districts, the county authority (that is, the justices at quarter sessions) shall have regard to the boundaries of the rural sanitary districts in their county, and shall so far as may be found practicable, form highway districts so as to be coincident in area with rural sanitary districts, or wholly contained within rural sanitary districts.

(n) That is, in the same county in which the highway district is situated or in any adjoining county. The Act does not contemplate the original formation of highway districts containing parishes in adjoining counties; and this section only provides for the alteration of districts which have been previously formed by the addition of parishes in adjoining counties to such district, in cases in which, from practical experience, such a combination may appear to be desirable. Further, with regard to this section, see 27 & 28 Vict. c. 101, ss, 14, 15. (0) See ante, ss. 5, 6.

districts in consequence of the exercise of the powers given by this section. Where any parish is added to or any district united with any district in another county, the final order of the justices of the county in which such parish or district is situate shall not be confirmed by them until they shall have received the approval of their provisional order for such addition or union from the justices of the county in which the district is situate to or with which such addition or union is to be made. Where any highway district is dissolved, or where any parish is excluded from any highway district, the highways in such district or parish shall be maintained, and the provisions of the principal Act in relation to the election of surveyors and to all other matters shall apply to the said highways, in the same manner as if such highways had never been included within the limits of a highway district. (p)

Provision in case of failure of Board to hold First Meeting.

40. If any Highway Board make default in holding its first meeting in pursuance of this Act, (q) such board shall not thereupon become disqualified from acting, but the justices in general or quarter sessions shall, on the application of any person liable to pay highway rates within the district, make such order as they think fit for the holding of such Board at some other time, and any order so made shall be deemed to be an order capable of being removed into the Court of Queen's Bench, (r) in pursuance of the Act passed in the session holden in the twelfth and thirteenth years of the reign of her present Majesty, chapter fortyfive, and may be enforced accordingly, (s) and the costs of

(p) By 27 & 28 Vict. 101, s. 14, the powers given by this section extend to the separation of any townships, &c., which may have been consolidated by any previous order of justices. See the second clause of that section.

(q) That is, at the time fixed by the order of justices in that behalf. See proceedings of Highway Boards, post, p. 176, and 27 & 28 Vict. c. 101, s. 10, post.

(r) Now, the Queen's Bench Division of the High Court of Justice. (8) By s. 18 of 12 & 13 Vict. c. 45, an order of general or quarter sessions," upon the application of any person entitled to enforce such order, and upon production of a copy of such order under the hand of the Clerk of the Peace or his deputy, and upon proof of refusal or neglect to obey such an order," may be removed into the Queen's Bench; "and