months after a vacancy occurring in any of the offices, the justices in general or quarter sessions assembled may, if they think fit, appoint a person to any of the offices in respect of which the default has been made, and may fix the salary to be paid to the officer appointed; and any such appointment shall take effect and salary be recoverable in the same manner as if the officer appointed by the justices had been appointed by the Highway Board of the district; and it shall not be lawful for such Board, without the consent of the said justices, to remove any officer appointed by them under this section, or to lessen his salary, within one year from the date of his appointment. (z)

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 sérvant, 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. (a)

Duties of Treasurer.

The treasurer shall receive, and hold to the account of the Board, all moneys paid to or for the use of the Board, and shall make payments thereont under orders of the Board, and shall once in every three months, on or at such days or times as the Board may direct, or oftener if required by the Board, make up an account of all the moneys received and paid by him, and deliver the same to the Clerk of the Board. (b)

Duties of Clerk.

The clerk shall in person, or by such deputy as may be 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

(z) 27 & 28 Vict. c. 101, s. 45.

(a) 25 & 26 Vict. c. 61, s. 13.

(b) Ibid. s. 14.

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. (c)

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 Acts 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. (d)

Where two or more Highway Boards unite in appointing a district surveyor, such surveyor shall in relation to the district of each of the Boards by whom he is appointed, have all the powers and duties of a district surveyor under the Highway Acts. (e)

Exemption from Toll.

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 surveyor, and all the provisions applicable to the exemption in the 3 Geo. IV. c. 126, shall apply to the case of the exemption of the surveyor from toll. (ƒ)

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

(c) 25 & 26 Vict. c. 61, s. 15. (e) 41 & 42 Vict. c. 77, s. 6.

(d) Ibid. s. 16.

(ƒ) 25 & 26 Vict. c. 61, s. 37.

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 Acts 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, 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 Highway Act, 1835, except that of levying highway rates, be deemed to be the successor in office of the surveyor of every parish within the district. (g)

Officers of Highway Board to account.

All officers appointed by the Highway Board shall, as often as required by them, render to them or to such persons as they appoint, a true, exact, and perfect account in writing under their hands, with the proper vouchers, of all moneys which they may to the time of rendering their accounts have received and disbursed on account or by reason of their respective offices. In case any money so received by any officer remains in his hands, it shall be paid to the Board, or to such person or persons as they in writing under their hands empower to receive it; and if any officer refuses or wilfully neglects to render and give such account, or to deliver up the vouchers, or for the space of fourteen days after being required by the Board to do so refuses or wilfully neglects to give up to them or to such person or persons as they appoint all books, papers, writings, tools, and things in his hands, custody, or power relating to the execution of his office, any justice of the peace for the county where the officer making default is or resides, upon application made to him for that purpose by

(g) 25 & 26 Vict. c. 61, s. 43; and 27 & 28 Vict. c. 101, s. 28.

or on behalf of the Board, may make inquiry of and concerning the default in a summary way, and by warrant under his hand and seal cause such money as may appear to be due and unpaid to be levied by distress and sale of the goods and chattels of the officer, rendering to him the overplus (if any) on demand, after payment of the money remaining due, and deducting the charges and expenses of making the distress and sale. If sufficient distress cannot be found, or if it appears that the officer has refused or wilfully neglected to give an account, or to deliver up all books, papers, writings, tools, matters, and things in his custody or power relating to the execution of his office, the justice shall commit him to the house of correction or common gaol, there to remain without bail until he gives a true and perfect account duly verified, and produces and delivers up the vouchers relating to it, and pays the money (if any) remaining in his hands according to the direction of the Board, or has compounded with the Board and paid. the composition (which composition the Board are empowered to make and receive), or until he delivers up books, papers, and writings, tools, matters, and things, or has given satisfaction to the Board concerning them. No officer who may be committed on account of his not having sufficient goods and chattels as aforesaid shall, however, be detained in prison by virtue of the Act for any longer time than six calendar months. (h)

7. MAINTENANCE OF HIGHWAYS.

Repair of Highways by Highway Board.

the

The Highway Board shall maintain in good repair the highways within their district, and shall, subject to the provisions of the Acts, 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 Acts 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

(h) 25 & 26 Vict. c. 61, s. 31.

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. (i)

The Highway Board may and is authorized to contract for purchasing, getting, and carring the mate ials required for the repair of the highways, and for maintaining and keeping in repair all or any part of the highways of any parish within their highway district, for any period not exceeding three years. (j)

Contracts by Waywardens.

By 26 & 27 Vict. c. 61, s. 1, no waywarden shall directly or indirectly contract for the repair of any roads, or for any other work to be executed under the provisions of the 25 & 26 Vict. c. 61 within the parish for which he is elected waywarden, or within any other parish in the same district, under a penalty of ten pounds with full costs of suit; and by section two of the same Act the Highway Board are not liable to pay for any work so contracted for. But now by 27 & 28 Vict. c. 101, s. 20, notwithstanding anything contained in the 25 & 26 Vict. c. 61, or in any other Act, any waywarden may contract for the supply or cartage of materials within the parish for which he is waywarden, with the licence of two justices assembled at petty sessions, such licence to be granted on the application of the Clerk of the Highway Board, who must be authorized to make such application by a resolution of his Board assembled at a meeting of which notice has been given.

Power of County Authority to enforce performance of duty by defaulting Highway Authority.

Where complaint is made to the county authority that the highway authority of any highway area within their jurisdiction (that is, a Highway Board, surveyor of high

(i) 25 & 26 Vict. c. 61, s. 17.

(j) 27 & 28 Vict. c. 101, s. 52.