requiring the payment shall be conclusive evidence of the amount thereof. (a) Precepts of Highway Boards not being Rural Sanitary Authorities for payment of Money to Treasurer. For the purpose of obtaining payment from the several highway parishes within their district of the sums to be contributed by them, a Highway Board, which is not a Rural Sanitary Authority invested with the powers of a Highway Board, shall order precepts to be issued to the waywardens or overseers of the parishes, stating the sum to be contributed by each parish, and requiring the officer to whom the precept is addressed, within a time to be limited by the precept, to pay the sum therein mentioned to the treasurer of the Board. (b) In the case of a Highway Parish. Where a highway parish is not a parish separately maintaining its own poor, or where in any highway parish it has, for a period of not less than seven years immediately preceding the passing of the "Highway Act, 1862," been the custom of the surveyor of highways for such parish to levy a highway rate in respect of property not subject by law to be assessed to poor rates, the precept of the Highway Board (not being a rural sanitary authority) shall be addressed to the way warden of the parish, and in all other cases it shall be addressed to the overseers. (c) Where the precept is addressed to a waywarden he shall pay the sum thereby required out of a separate rate, and such separate rate shall, in the case of a parish in which for the period mentioned it has been the custom of the surveyor of highways to levy a highway rate in respect of property not subject by law to be assessed to poor rate, be assessed on and levied from the persons and in respect of the property on, from, and in respect of which the same has been assessed and levied during such period as aforesaid, and in all other cases such rate shall be assessed on (b) 27 & 28 Vict. c. 101, s. 33. (a) 38 & 39 Vict. c. 55, s. 231. (c) Ibid. and levied from the persons and in respect of the property on, from, and in respect of which a poor rate would be assessable and leviable if the parish of which he is waywarden were a place separately maintaining its own poor. (d) No rate leviable by a waywarden shall be payable until the same has been published in manner in which rates for the relief of the poor are by law required to be published. (d) A waywarden shall account to the Highway Board for the amount of all rates levied by him, and at the expiration of his term of office shall pay any surplus in his hands arising from any rate so levied, above the amount for which the rate was made, to the treasurer of the Highway Board, to the credit of the parish within which such rate was made, and such surplus shall go in reduction of the next highway rate that may be leviable in such parish. (d) In the case of a Poor Law Parish. Where the precept of a Highway Board not being a rural sanitary authority is addressed to the over-eers, they shall pay the sum thereby required out of a poor rate to be levied by them, or out of any moneys in their hands applicable to the relief of the poor. (d) Limitation of Amount to be Levied. No contribution required to be paid by any parish at any one time in respect of highway rates shall exceed the sum of tenpence in the pound, and the aggregate of contributions required to be paid by any parish in any one year in respect of highway rates shall not exceed the sum of two shillings and sixpence in the pound, except with the consent of four-fifths of the ratepayers of the parish in which such excess may be levied present at a meeting specially called for the purpose, of which ten days' previous notice has been given by the waywarden of such parish, and then only to such extent as may be determined by such meeting. (d) (d) 27 & 28 Vict. c. 101, s. 33. Charges on Rates. All sums of money payable in pursuance of the precepts of a Highway Board shall, whether they are or are not payable by the overseers of the poor, be subject to all charges to which ordinary highway rates are subject by law. (e) Power to levy Rates. All waywardens and overseers to whom precepts of a Highway Board are directed or authorized to be issued shall within their respective parishes have the same powers, remedies, and privileges, for and in respect of assessing and levying any rates required to be levied for making payments to a Highway Board, in the case of overseers, as they have in assessing and levying ordinary rates for the relief of the poor, and in the case of waywardens as they would have if the parish of which they are waywardens were a place separately maintaining its own poor, and they were overseers thereof, and the rate to be levied by them were a duly authorized poor rate. (f) Appeals against Rates. A right of appeal to special sessions against any rate levied for the purpose of raising moneys payable under a precept of a Highway Board is given by the Highway Act, 1864 (g); and a right of appeal to quarter sessions from any rate made under the provisions of the Public Health Act, 1875, is given by s. 269 of that Act. (h) Mode of enforcing Payments to Highway Boards If any payment required to be made by the overseers or way wardens of any parish of moneys due to a Highway Board, which is not a rural sanitary authority invested with the powers of a Highway Board, is in arrear, any (e) 27 & 28 Vict. c. 101, s. 33. (f) Ibid. s. 34; see also 38 & (g) 27 & 28 Vict. c. 101, s. 37. 39 Vict. c. 55, s. 230. (h) 38 & 39 Vict. c. 55, s. 269. justice, on application under the hand of the chairman for the time being or by the clerk of such Board, may summon the overseers or waywardens to show cause at petty sessions why such payment has not been made; and the justices at such petty sessions, after hearing the complaint preferred on behalf of the Board, may, if they think fit, cause the amount of payment in arrear, together with the costs occasioned by such arrear, to be levied and recovered from the overseers or waywardens, or any of them, in like manner as moneys assessed for the relief of the poor may be levied and recovered, and the amount of such arrear, together with the costs, when levied and recovered, to be paid to the Board. (i) Appointment of Collectors of Highway Rates by Waywardens. The power of appointing paid collectors of highway rates with the consent of the inhabitants in vestry assembled, which is vested in a surveyor by the " Highway Act, 1835," and all the provisions of that Act relating to such appointment, shall be vested in and extend to any waywarden required to levy rates in pursuance of the Highway Acts, 1862 and 1864, or either of them; and any meeting of ratepayers entitled to elect a waywarden or waywardens shall be deemed to be included under the expression “Inhabitants in vestry assembled." (j) Power of Road Authority to recover Expenses of Extraordinary Traffic. Where by a certificate of their surveyor it appears to the authority which is liable or has undertaken to repair any highway, whether a main road or not, that, having regard to the average expense of repairing highways in the neighbourhood, extraordinary expenses have been incurred by such authority in repairing such highway by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, such authority may recover in a summary manner from any person by whose order such weight or traffic has been conducted the amount of such expenses as may be proved (j) Ibid. s. 31. (i) 27 & 28 Vict. c. 101, s. 35. E to the satisfaction of the court having cognizance of the case to have been incurred by such authority by reason of the damage. Provided, that any person against whom expenses are or may be so recoverable may enter into an agreement with the authority for the payment to them of a composition in respect of such weight or traffic, and thereupon he shall not be subject to any proceedings under the above provision. (k) 10. BORROWING POWERS OF HIGHWAY BOARD. Power to borrow on credit of Rates. With the approval of the justices in general or quarter sessions, the Highway Board may borrow money for the purpose of defraying the expenses of the improvements in the highways: but previously to applying for such approval the Board shall cause an estimate of the expense of the improvements to be made, and two months at the least before making their application shall give notice of their intention so to do by transmitting a copy to the Clerk of the Peace for the county or division, and by placing a copy of such notice for three successive Sundays on the church door of every church of the parish or parishes on behalf of which such works are to be done, or, in the case of any place not having a church, in some conspicuous position in such place. The notice shall state the following particulars:-1. The nature of the work, the estimated amount of expense to be incurred, and the sum proposed to be borrowed: 2. If the money is borrowed before the 25th March, 1879, the parish or parishes within the district by which the sum borrowed and the interest thereon is to be paid, and in case of more parishes than one being made liable to pay the principal and interest, the annual amounts to be contributed by each parish towards the payment thereof: 3. The number of years within which the principal moneys borrowed are to be paid off, not exceeding twenty years, and the amount to be set apart in each year for paying off the same: 4. The sessions at which the application is to be (k) 41 & 42 Vict. c. 77, s. 23. |