formation of each of such districts is to be deemed independent of the formation of any other district, and the order shall for all purposes be construed and take effect as if a separate order had been made in respect of each district; and any variation in a provisional order altering the parishes in any one or more districts comprised in that order shall make that order provisional only as to the particular district or districts in which the alterations are made, and not as to any other district or districts included in the same order.

Certain Places to be deemed Places separately maintaining their own Highways.

5. Any parish, township, tithing, hamlet, or other place having a known legal boundary (x) in which there are no highways repairable at the expense of the place, or in which the highways are repaired at the expense of any person, body politic or corporate, by reason of any grant, tenure, limitation, or appointment of any charitable gift, or otherwise howsoever than out of a highway rate or other general rate, shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways. (y)

Where part of a parish is, in pursuance of the Local Government Act, 1858, Amendment Act, 1861, Section 9, treated as forming part of a district constituted under the Local Government Act, 1858, for all purposes connected with the repair of highways and the payment of highway rates, but for no other purpose, such part shall, for the purposes of the Highway Act, 1862, and this Act, be deemed to be a place separately maintaining its own highways, and capable of being included in a highway district,

(x) In Reg. v. Gascoigne, 29 J. P. 389, it was held that though the district for which the waywarden acts be not defined by "a known legal boundary," he must be elected by the inhabitants of that part, and not by those of the whole parish.

As a place such as that contemplated in this section would come within the definition of a "highway parish," it would be liable to the expenses specified in s. 32, post.

(y) See also 41 & 42 Vict. c. 77, s. 25 (post, p. 211), which expressly authorises the appointment of a surveyor of highways for any place which does not in fact maintain any highways or contribute to highway

rates.

without requiring the consent of the Local Board to be given. (2)

Where the highways of one part of a parish are, in pur

(z) The provision in the 24 & 25 Vict. c. 61. s. 9, here referred to, was as follows:-"Where part of a township or place not comprised within any district in which the Local Government Act, 1858, is in force, and which part is hereinafter referred to as the excluded part,' was, before the said Act came into force in such district, liable to contribute to the highway rates for such township or place, such excluded part shall, for all purposes connected with the repairs of highways and the payment of highway rates, be considered to be and be treated as if forming part of such district."

Now, however, the Local Government Act, 1858, Amendment Act, 1861, is repealed and the following provision contained in s. 216 of the Public Health Act, 1875 is substituted for the section above quoted: "Provided that where part of a parish is included within an urban district, and the excluded part was, before the constitution of that district, liable to contribute to the highway rates for such parish, such excluded part shall (unless in the case of an urban district constituted before the passing of this Act a resolution deciding that such excluded part should be formed into a separate highway district has been passed in pursuance of the Local Government Act 1858 Amendment Act, 1861, or unless such excluded part has been included in a highway district under the Highway Acts), for all purposes connected with the repairs of highways and the payment of highway rates, be considered to be and be treated as forming part of such district.'

The same section of the Public Health Act, 1875, continues as follows: "Provided also that in the case of an urban district constituted after the passing of this Act a meeting of owners and ratepayers of the excluded part (to be convened and conducted in the manner provided by Schedule III. to this Act) may decide that such excluded part shall be a highway parish, and thereupon the excluded part shall for all purposes connected with highways, surveyors of highways, and highway rates, be considered and treated as a parish maintaining its own highways; but the requisition for holding any such meeting shall be made within six months after the constitution of the urban district. The Court of Quarter Sessions may by order direct that for any such excluded part a waywarden or waywardens shall be elected, and may invest any waywarden elected in pursuance of any such order with all or any of the powers of waywardens under the Highway Acts."-38 & 39 Vict. c. 55, s. 216.

According to the present Act the "excluded part" is "capable of being included in a highway district, without requiring the consent of the Local Board to be given." The latter words referring to the consent of the Local Board imply that the consent of the Local Board would otherwise have been necessary; but it is not so, for there is nothing in any of the Public Health Acts enabling them either to give or to withhold their consent.

K

suance of a private (a) Act of Parliament, repairable out of a different rate from that out of which the highways of the other part are repairable, each of such parts shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways.

Part of s. 5 of Highway Act of 1862 repealed, and other provisions enacted.

6. **** (b) When it is proposed that only part of a county is to be constituted a highway district, not less than two out of the five justices making such proposal shall be resident in the said district, or acting in the petty sessional division in which such district or some part thereof is situate.

Amendment of s. 7 of Highway Act of 1862 as to combination of Townships, &c.

7. The power given by the seventh section of “The Highway Act, 1862," (c) of combining townships, tithings, hamlets, or places separately maintaining their own highways, and situate in a poor law parish, shall extend to combining any two or more of such townships, tithings, hamlets, or places, and any combination so formed shall for all the purposes of the Highway Acts be deemed to be a highway parish. (d)

Where a township, tithing, hamlet, or other place separately maintaining its own highways is situate in two or more poor law parishes, each part of such township, tithing, hamlet, or other place may be combined with the parish in which that part is situate. (e)

(a) Probably a "Local and Personal" Act of Parliament is here intended.

(b) The portion of this section which repealed so much of the fifth section of the Highway Act, 1862, as provided that, "when it is proposed that only part of a county shall be divided into a highway district, not less than two out of the five justices making such proposal shall be resident in the said district," is now repealed by the Statute Law Revision Act, 1875, but not so as to revive the repealed enactment. (c) Ante, p. 87.

(d) See note to the last part of 25 & 26 Vict. c. 61, s, 7, ante, p. 87. (e) See note to the last part of 25 & 26 Vict. c. 61, s. 7, ante, p. 87.

The justices may, by their provisional and final order, declare that any poor law parish within their jurisdiction, or residue of a poor law parish, after excluding such part, if any, as is prohibited by the "Highway Act, 1862,' either wholly or without the consent of the governing body, from being included in the highway district, (f) shall henceforward become a highway parish; and upon such declaration being made such poor law parish, or residue of a poor law parish, shall thereafter be a highway parish entitled to return a waywarden or waywardens to the highway board of the district in which it is included; and no rate shall be separately levied for the maintenance of the highways, and no separate waywardens be elected in any township, tithing, hamlet, or other subdivision of such poor law parish or residue of a poor law parish.

Where, previously to the passing of the provisional order forming a highway district, no surveyors or waywardens have been elected within any highway parish in that district, and where the mode of electing a waywarden or waywardens in such parish is not provided by this Act or the "Highway Act, 1862," (g) the justices shall, by their provisional and final orders constituting the district, or by any subsequent provisional and final orders, make provisions for the annual election of a waywarden or waywardens for such parish. (h)

Provision for Places partly within and partly without a

Borough.

8. Where a parish or place separately maintaining its own highways is situate partly within and partly without the limits of a borough, the justices may by their provisional and final orders, include in a highway district the outlying part of such parish or place; (i) and where the out

(f) The part of the "Highway Act, 1862," which is here referred to is s. 7, "secondly," ante, p. 86.

(g) See s. 11 of this Act, and s. 10 of 25 & 26 Vict. c. 61.

(h) The nature of the provisions which the justices are to make do not appear to be indicated by the Act. Probably the justices will follow s. 10 of the 25 & 26 Vict. c. 61 in making those provisions, so that there may be uniformity of practice in all the highway parishes.

(i) By 25 & 26 Vict. c. 61, s. 7 (secondly), the justices were pre

lying part of a parish or place situate as aforesaid has been, previously to the passing of this Act, or may be hereafter, included in a highway district, each part of such parish or place shall for all the purposes of the Highway Acts be deemed to be a place separately maintaining its own highways; and a waywarden or waywardens shall be elected by the ratepayers in each such part at such time and in such manner as may be provided by the said justices. (j)

Power of Justices as to Extra-parochial Places.

9. The justices in petty sessions may appoint overseers, or otherwise deal with any 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 for the purpose of constituting it a place or part of a place maintaining its own poor, in pursuance of the powers for that purpose given by the Act of the twentieth year of the reign of her present Majesty, chapter nineteen. (k)

Part of 8. 6 of Highway Act of 1862 as to Meetings of Board repealed, and other provisions enacted.

cluded from including in any highway district any parish or place, or part of a parish or place, within the limits of a borough, without the consent of the council of the borough and of the vestry of the parish, or part of the parish, proposed to be included. Under this provision the justices can deal with the outlying part of any parish so situated without any such consents as above-mentioned being necessary.

(j) As to the election of the waywarden in such case, see note to s. 7, last subdivision.

(k) Now, however, by the 31 & 32 Vict. c. 122, s. 27, extra-parochial places, for all civil parochial purposes, are annexed to and incorporated with the next adjoining parish with which they have respectively the longest common boundary; so also accretions from the sea, whether natural or artificial, and the part of the sea-shore to the low-water mark, and the bank of any river to the middle of the stream, are annexed to and incorporated with the parish to which such accretion, part, or bank adjoins, in proportion to the extent of the common boundary.

(2) The first part of this section is repealed by the Statute Law