be formed by the union of any existing highway districts in the same or in any adjoining county, or any parishes forming part of any existing highway districts, or any highway district may be dissolved. (n) But in altering the boundaries of any highway districts, the county authority 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. (0)

Any such alteration of existing districts, or formation of new districts, or dissolution of any district, shall be made by provisional and final orders of the justices; and all the provisions with respect to the formation of highway districts and provisional and final orders of justices, and the notices to be given of and previously to the making of such orders, and all other proceedings relating to the formation of highway districts, shall, in so far as the same are applicable, extend to such alteration of existing or formation of new districts, or dissolution of districts. In addition, provision shall be made, if necessary, in any orders of justices so made for the adjustment of any matters of account arising between parishes or parts of districts in consequence of the exercise of these powers. Where any parish is added to or any district united with any district in another county, the final order of the justices of the county in which the parish or district is situate shall not be confirmed by them until they shall have received the approval of their provisional order for the addition or union from the justices of the county in which the district is situate to or with which the addition or union is to be made. Where any highway district is dissolved, or where any parish is excluded from any highway district, the highways in the district or parish shall be maintained, and the provisions of the principal Act in relation to the election of surveyors and to all other matters shall apply to such highways, in the same manner as if they had never been included within the limits of a highway district. (p)

(n) 25 & 26 Vict. c. 61, s 39.

(0) 41 & 42 Vict. c. 77, s. 3.

(p) 25 & 26 Vict. c. 61, s. 39.

The approval of the justices of any county to any provisional order made by the justices of another county affecting any place in such first-mentioned county, in pursuance of the thirty-ninth section of the "Highway Act, 1862," shall be testified by provisional and final orders of the justices of the first-mentioned county; and the powers conferred on justices by the thirty-ninth section of the "Highway Act, 1862," shall be deemed to extend to the separation of any townships, tithings, hamlets, or places separately maintaining their own highways which may have been consolidated by any previous order of the justices, and to an alteration in the number of waywardens of any parish. (q)

Where after the formation of a highway district, an application is made by any parish in that district to any court of general or quarter sessions, praying that the parish may be removed from that district, all costs incidental to or consequential on such application and the removal of the parish shall, unless the court otherwise directs, be paid by the parish that has made the application in such manner as the said court may direct. The amount of such costs shall be raised in the same manner as if they were expenses incurred in maintaining and keeping in repair the highways of that parish. (r)

By the Act of 1864, where more highway districts than one are comprised in any order of justices, whether provisional or final, and whether made before or after the passing of the 27 & 28 Vict. c. 101, the 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; 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. (8)

(g) 27 & 28 Vict. c. 101, s. 14.
(8) Ibid. 8. 4.

(r) Ibid. s. 15.

Extent of Powers of Justices.

All powers and jurisdictions vested in justices by the "Highway Acts, 1862 and 1864," may from time to time be exercised in relation to highway districts, highway boards, and highway parishes already formed, as well as upon the occasion of forming new highway districts, boards, or parishes; and where an alteration is made in part only of a highway district, the residue of that district shall not be affected thereby, but shall continue subject to the Highway Acts in the same manner as if no such alteration had been made. (t)

Alteration of Rural Sanitary District after Rural Sanitary Authority has become Highway Board.

If at any time after a rural sanitary authority has become invested with the powers of a highway board in the manner mentioned at page 14, post, the boundaries of the district of such authority are altered, the powers and jurisdiction of such authority in their capacity of highway board shall be exercised within such altered district; and on the application of any authority or person interested the Local Government Board may by order provide for the adjustment of any accounts, or the settlement of any doubt or difference so far as relates to highways consequent on the alteration of the boundaries of such rural sanitary district. (u)

Constitution of Local Government District after formation of Highway District.

Any parish or part of a parish included in a highway district may become a local government district in the same manner and under the same circumstances as if it had not been included in the highway district. Upon the constitution of such local government district, the parish or part of a parish shall cease to form part of the highway district, subject nevertheless to the payment of any contribution that may at the time of the adoption be due from the parish or part of a parish to the Highway Board. (v)

(t) 27 & 28 Vict. c. 101, s. 17. (u) 41 & 42 Vict. c. 77, s. 5 (2). (v) 25 & 26 Vict. c. 61, s. 41.

Restrictions as to Adoption of Acts.

The following restrictions are imposed with respect to the formation of highway districts:

Firstly, there shall not be included in any highway district any of the following places :

Any part of a county to which the Act for the better Management and Control of the Highways in South Wales extends; the Isle of Wight; any district constituted under the Public Health Act, 1848, the Local Government Act, 1858, or the Public Health Act, 1875; any parish or place within the limits of the metropolis; any parish or place, or part of a parish or place, the highways whereof are maintained under the provisions of any local Act of Parliament.

Secondly, there shall not be included in any highway district any parish or place or part of a parish or place within the limits of a borough without the consent, firstly, of the council of the borough, and, secondly, of the vestry of the parish which, or part of which, is proposed to be included.

Thirdly, where any parish separately maintaining its own highways is situate in more than one county, the whole of such parish shall, for the purposes of the Acts, be deemed to be within the county within which the church of such parish, or (if there be no church) the greater part of it is situated. Lastly, where a parish separately maintaining its own poor is divided into townships, tithings, hamlets, or places, each of which separately maintains its own highways, the justices may, if they think fit, in their provisional order, combine such townships, tithings, hamlets, and places, and declare that no separate waywardens shall be elected for them, and that such parish shall be subject to the same liabilities in respect of all the highways within it which were before maintained by the townships, tithings, hamlets, and places separately, as if all their several liabilities had attached to the whole parish; and a waywarden or waywardens shall be

elected for such parish as a whole; and where the order is made, all the provisions of the Acts in relation to parishes maintaining their own highways shall be applicable to the parish formed by such combination. (w)

And this power 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. Again, 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. (x)

The justices may, by their provisional and final order, declare that any poor law parish within their jurisdiction, or residue thereof, 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, shall henceforward become a highway parish; and upon such declaration being made such poor law parish, or residue, 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 such township, &c. (y)

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 the "Highway Acts, 1862 or 1864," 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. (z)

Where a parish or place separately maintaining its own highways is situate partly within and partly without the

(w) 25 & 26 Vict. c. 61, s. 7. (y) Ibid. s. 7.

(x) 27 & 28 Vict. c. 101, s. 7. Ibid. s. 7.

(z)