Cattle found straying, &c., on Highways. If any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, goat, kid, or swine is at any time found straying on or lying about any highway, or across any part thereof, or by the sides thereof (except on such parts of any highway as pass over any common or waste or uninclosed ground), the owner or owners thereof shall, for every animal so found straying or lying, be liable to a penalty not exceeding five shillings, to be recovered in a summary manner, together with the reasonable expense of removing such animal from the highway where it is found to the fields or stable of the owner or owners, or to the common pound (if any) of the parish where the same shall be found, or to such other place as may have been provided for the purpose: Provided always, that no owner of any such animal shall in any case pay more than the sum of thirty shillings, to be recovered as aforesaid, over and above such reasonable expenses as aforesaid, including the usual fees and charges of the authorized keeper of the pound: any right of pasturage which may exist on the sides of any highway is not however to be interfered with. (p) Saving for Minerals under Disturnpiked Roads. Notwithstanding anything contained in section sixtyeight of the Public Health Act, 1848, or in section one hundred and forty-nine of the Public Health Act, 1875, all mines and minerals of any description whatsoever under any disturnpiked road or highway which has or shall become vested in an urban sanitary authority by virtue of the said sections, or either of them, shall belong to the person who would be entitled thereto in case such road or highway had not become so vested, and the person entitled to any such mine or minerals shall have the same powers of working and of getting the same or other minerals as if the road or highway had not become vested in the urban sanitary authority, but so nevertheless that in such working and getting no damage shall be done to the road or highway. (q) (p) 27 & 28 Vict. c. 101, s. 25. (q) 41 & 42 Vict. c. 77, s. 27. rovision extends to the Isle of Wight and s, as defined by the 23 & 24 Vict. c. 68. EXPENSES OF HIGHWAY BOARDS. How to be Charged. The salaries of the officers appointed for each district and any other expenses incurred by any Highway Board, for the common use or benefit of the several parishes within such district, shall be annually charged to a district fund to be contributed by and charged upon the several highway parishes within such district in proportion to the rateable value of the property in each parish. The rateable value of the property in each parish shall be ascertained according to the valuation list or other estimate for the time being in force in such parish for the purposes of the poor rate, or if no such valuation list or estimate be in force, then in such manner as may be determined by the justices in petty sessions, subject to an appeal by any person aggrieved to the next general or quarter sessions. (r) Until the 25th March, 1879, the expenses incurred by any Highway Board which is not a rural sanitary authority invested with the powers of a Highway Board, in maintaining and keeping in repair the highways of each highway parish within the district, and all other expenses legally payable by the Highway Board in relation to such parish, including any sums of money that would have been payable out of the highway rates of such parish if the same had not become part of a highway district, except such expenses as are authorized to be charged to the district fund, shall be a separate charge on each parish. (r) On and after the 25th March, 1879, all expenses incurred by any Highway Board in maintaining and keeping in repair the highways of each parish within their district, and all other expenses legally incurred by such board, shall be deemed to have been incurred for the common use or benefit of the several parishes within their district, and shall be charged on the district fund: Provided, that if a (r) 27 & 28 Vict. c. 101, s. 32. Highway Board think it just, by reason of natural differences of soil or locality, or other exceptional circumstances, that any parish or parishes within their district should bear the expenses of maintaining its or their own highways, they may (with the approval of the county authority or authorities of the county or counties within which their district, or any part thereof, is situate) divide their district into two or more parts, and charge exclusively on each of such parts the expenses payable by such Highway Board in respect of maintaining and keeping in repair the highways situate in each such part; so, nevertheless, that each such part shall consist of one or more highway parish or highway parishes. (8) Expense of Maintenance of Main Roads. One half of the expenses incurred from and after the 29th September, 1878, by the highway authority of any highway area (that is, by the urban sanitary authority, the Highway Board, or the surveyor or surveyors, as the case may be), in the maintenance of any main road shall, as to every part thereof which is within the limits of the highway area, be paid to the highway authority by the county authority of the county in which such road is situate out of the county rate, on the certificate of the surveyor of the county authority or of such other person or persons as the county authority may appoint, to the effect that such main road has been maintained to his or their satisfaction. Such expenses are confined to the cost of repairs defrayed out of current rates, and do not include any repayment of principal money borrowed, or of interest payable thereon; and no part of such expenses shall be included in any precept or warrant for the levying or collection of county rate within the metropolis; or any order made on the council of any borough having a separate court of quarter sessions under 5 & 6 Wm. IV. c. 76, s. 117. (t) Where a highway district is situate in more than one county, the above provisions, with respect to the expenses of the maintenance of main roads, shall apply as (t) Ibid. s. 13. (8) 41 & 42 Vict. c. 77, s. 7. if the portion of such district situate in each county were a separate highway district in that county. (u) Where certain of the bridges within a county are repairable by the county at large, and others are repairable by the several hundreds within the county in which they are situate, it shall be lawful for the county authority from time to time, by order, to declare any main road or part of a main road within their county to be repairable, to the extent and in manner provided by section 13, either by the county or by the hundred in which such main road or part is situate, as they think fit; and where a main road or part thereof is declared to be repairable by a hundred, the expense of repairing the same shall, to the extent to which such expense or any contribution thereto would otherwise be repayable out of the county rate, be repayable out of a separate rate which shall be raised and charged in the like manner as the expenses of repairing the hundred bridges in the same hundred would have been raised and charged. (v) Expenses of Rural Sanitary Authorities as Highways Boards. All expenses incurred by a rural sanitary authority in the performance of their duties as a Highway Board shall be deemed to be general expenses of such authority within the meaning of the Public Health Act, 1875. (w) Mode of raising contributions to general expenses of Rural Sanitary Authority. The general expenses of a rural sanitary authority under the Public Health Act, 1875, are payable out of a common fund to be raised out of the poor rate of the parishes in the district according to the rateable value of each contributory place. (x) For the purpose of obtaining payment from the several contributory places within their district of the sums to be contributed by them, the rural sanitary authority shall issue their precept to the overseers of each such contributory place requiring such overseers to pay, (u) 41 & 42 Vict. c. 77, s. 19. (v) Ibid. s. 20. within a time limited by the precept, the amount specified in such precept to the rural sanitary authority or to some person appointed by them. And the overseers shall comply with the requisitions of such precept by paying the contribution required in respect of general expenses out of the poor rate of their respective parishes. Where a contribution for general expenses is required from a contributory place or part of a contributory place which is part of a parish, the overseers shall from time to time levy such increase of rate from the contributory place or such part thereof as may be sufficient to recoup the parish for the sum it has paid on account of the contributory place or part thereof in respect of general expenses, and carry the same to the general account of the parish, and such increase of rate shall be raised in such contributory place or part of a contributory place by an addition to the poor rate, or by a separate rate to be assessed, made, allowed, published, collected, and levied in the same manner as a poor rate. The officers ordinarily employed in the collection of the poor rate shall, if required by the overseers, collect any such separate rate, and receive out of it such remuneration for the additional duty as the overseers with the consent of the vestry may determine. (y) Any surplus from any such separate rate remaining in the hands of the overseers at the expiration of their term of office is to be paid over to the rural sanitary authority, and to go in reduction of the next call. (2) Remedy for nonpayment of amount required by Precept of If the amount required by any precept of a rural sanitary authority to be paid by the overseers of any parish is not paid in manner directed by such precept, and within the time therein specified, the rural sanitary authority shall have the like remedy for recovery from the overseers of such amount as is not paid as guardians have for the time being for recovery from overseers of contributions of parishes, and for that purpose the precept (y) 38 & 39 Vict. c. 55, s. 230. (z) Ibid. |