not be necessary, in any legal proceeding to prove that the members signing any such order or precept were authorized to sign them, and such authority shall be presumed until the contrary is proved.

SECOND SCHEDULE.

FORMS.

Form of Mortgage. (e)

The Highway Board of the

tion of

district, in considera

pounds paid to the treasurer of the said Board by A. B. of assigns unto the said A. B., his executors, administrators, and assigns, such proportion of the highway rates leviable in the highway parish or parishes of [name the parishes] (f) as the said sum of pounds bears to the whole sum borrowed on the credit of the said rates, to hold to the said A. B., his executors, administrators, and assigns, until the said sum of pounds, with interest at the rate of pounds per centum per annum, is paid. The interest on this mortgage will be paid at

days of

on the

day and

in every year.

The principal will be paid at

on the

day of

day of

18

Given under our Corporate Seal (g) this

annual meeting after their election, to pass a resolution nominating the members of the Board who are to sign orders for payment of money during the year, instead of doing so at each meeting.

(e) See section 50 of the Act, ante, p. 171.

(f) All moneys borrowed after the 25th March, 1879, are, by 41 & 42 Vict. c. 77, s. 8 (post, p. 189) to be charged on the district fund, and therefore, in the case of loans subsequent to that date, a portion of the common fund or of the highway rates leviable in every parish within the district will be assigned to the mortgagee.

(g) The mortgage must be under the Corporate Seal of the Board, and duly stamped. See Commissioners' Clauses Act, 10 Vict. c. 16, s. 75, post, p. 287.

Highway rate," includes poor rate, when the highways are main

of

Transfer of Mortgage by Indorsement.

The within-named A. B., in consideration of the sum pounds paid to him by C. D. of hereby transfers to the said C. D., his executors, administrators, and assigns, all his interest in the moneys secured by the within-written mortgage and in the within-named rates.

In witness whereof the said A. B. has hereunto set his hand and seal (h) this

18

day of

"Highway

tained out of the poor rate. See s. 33 of Act, ante, p. 151. parish" means every parish that separately returns a waywarden or way wardens to the Highway Board. See s. 3 of Act, ante, p. 127.

(h) The transfer must be under Seal and duly stamped. See section 77 of Commissioners' Clauses Act, 10 Vict. c. 16, post, p. 288. 1

THE HIGHWAYS AND LOCOMOTIVES (AMENDMENT) ACT, 1878.

41 & 42 VICT. c. 77.

AN ACT TO AMEND THE LAW RELATING TO HIGHWAYS IN ENGLAND AND THE ACTS RELATING TO LOCOMOTIVES ON ROADS; AND FOR OTHER PURPOSES.

[16TH AUGUST 1878.] WHEREAS it is expedient to amend the law relating to highways in England, and to amend the Locomotive Acts, 1861 and 1865:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

Short Title..

1. This Act may be cited as the Highways and Locomotives (Amendment) Act, 1878. (a)

Application of Act.

2. This Act shall not apply to Scotland or Ireland; and, save as is by this Act expressly provided, Part I. of this Act shall not apply to the Isle of Wight; nor to any part of the metropolis; nor to any part of a county to which the Act

(a) This Act is also included under the short title of "The Highway Acts," see 27 & 28 Vict. c. 101, s. 1. (ante, p. 127), by which that title includes the Highway Acts of 1835, 1862, and 1864, and any Acts passed or to be passed amending the same.

passed in the session of the twenty-third and twenty-fourth years of the reign of her present Majesty, chapter sixtyeight, intituled "An Act for the better Management and Control of the Highways in South Wales," extends. (b)

PART I.

AMENDMENT OF HIGHWAY LAW.

HIGHWAY DISTRICTS.

Highway districts to be made so far as possible coincident with rural sanitary districts.

3. In forming any highway districts, or in altering the boundaries of any highway districts, the county authority (c) 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. (d)

(b) The Local Act 53 Geo. III., c. xcii., provides for repairing the roads and highways in the Isle of Wight. Section 7 of the Highway Act, 1862 (ante, p. 85), prohibits the inclusion in any highway district, formed in pursuance of that Act of (amongst other places) the Isle of Wight, the Metropolis, and the parts of South Wales above-mentioned. Section 27 of the present Act is the only clause of Part I. which applies to the Isle of Wight and South Wales.

The South Wales Highway Act, 23 & 24 Vict. c. 68, applies to the counties of Glamorgan, Brecknock, Radnor, Carmarthen, Pembroke, and Cardigan.

(c) That is, the justices of the county in general or quarter sessions assembled, see s. 38, post.

(d) As to the formation of highway districts, see 25 & 26 Vict. c. 61, ss. 5 & 6, ante, pp. 80, 82; and as to their alteration, see s. 39 of the same Act, p. 116.

The object of the above section and the two following sections is explained by the Local Government Board, in their circular letter of the 18th September, 1878, addressed to the Clerks of the Peace of counties, as follows:

"The powers which, previously to the passing of the Act, were vested in the justices of the county with respect to the formation, alteration, and dissolution of highway districts remains unaltered, subject to the modifications herein-after explained.

Power for rural sanitary authority of district coincident with highway district to become Highway Board.

4. Where a highway district, whether formed before or after the passing of this Act, is or becomes coincident in area with a rural sanitary district, the rural sanitary authority of such district may apply to the county autho

In the first place it will be observed, that, in forming new highway districts, or in altering the boundaries of existing ones, the county authority, who are defined to be the justices of a county in general or quarter sessions assembled (see s. 38, post, p. 220), are required to have regard to the boundaries of the rural sanitary districts in their county, and, so far as practicable, to form highway districts so as to be coincident in area with rural sanitary districts or wholly contained within those districts.

"In order to understand the intention of this direction recourse must be had to the succeeding section of the Act, which provides that where a highway district is or becomes coincident in area with a rural sanitary district, the rural sanitary authority may apply to the county authority, stating that they are desirous to exercise the powers of a Highway Board under the Highway Acts within their districts; and on such application the county authority may, by order, declare that from and after a day to be named in the order such rural sanitary authority shall exercise all the powers of a Highway Board; and as from the commencement of the order the existing Highway Board (if any) for the district shall be dissolved.

"In requiring, therefore, that in future highway districts shall, as far as practicable, be made coincident with rural sanitary districts, it is evident that the legislature not only intended to guard against the confusion occasioned by the further overlapping of highway districts with rural sanitary areas, but at the same time to encourage the transfer to the rural sanitary authorities of the management of the highways within their respective districts, or at least to remove obstacles in the way of such transfer where circumstances point to it as tending to economical and efficient administration.

"At the present time the duty devolves upon the rural sanitary authorities of providing works of sewage and water supply for the areas under their jurisdiction, and as these works necessitate constant and serious interference with the public roads it is obviously desirable, looking at the advantages experienced in urban districts from having all matters affecting the roads under the direction of one body, that there should be means readily available for placing the highways in rural districts also under the control and management of the sanitary authority.

"In corroboration of this view reference may be made to the report of the Select Committee appointed by the House of Commons during the last session to inquire into the system under which guardians of the poor and members of local boards are elected, in which the Committee distinctly recommend that wherever practicable the powers