Recovery of Penalties.

47. All penalties under this Act, and all moneys recoverable as penalties, may be recovered summarily before any two or more justices in the manner directed by the Act of the session of the eleventh and twelth years of her present Majesty, chapter forty-three, and any Act amending the same; (n) but where any sum adjudged to be paid under this Act in respect of such penalties or moneys exceeds five pounds, an appeal may be had by any person aggrieved to a court of general or quarter sessions in manner provided by the one hundred and tenth section of the Act passed in the session holden in the twenty-fourth and twenty-fifth years of the reign of her present Majesty, chapter ninetysix, intituled "An Act to Consolidate and Amend the Statute Law of England and Ireland relating to Larceny and other similar Offences." (o)

be within fifteen feet of the centre of the highway; see 5 & 6 Wm. IV. c. 50, s. 69; and it must not be on the highway.

(n) With regard to the recovery of penalties, see the third edition of Glen's "Jervis's Acts."

(o) Regarding appeals to the court of quarter sessions, the 24 & 25 Vict. c. 96, s. 110, enacts that any person aggrieved may appeal to the next court of general or quarter sessions, which shall be holden not less than twelve days after the day of conviction, for the county or place wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction and seven clear days at the least before such session, and shall also either remain in custody until the sessions, or shall enter into a recognizance with sufficient sureties before a justice of the peace conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; or, if such appeal shall be against any conviction whereby only a penalty or other sum of money shall be adjudged to be paid, shall deposit with the clerk of the convicting justice such a sum of money as such justice shall deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction and the costs of the appeal; and upon such notice being given and such recognizance being entered into, or such deposit being made, the justice before whom such recognizance shall be entered into, or such deposit shall be made, shall liberate such person, if in custody; and the court at such sessions shall hear and determine the matter of appeal, and shall make such order therein, with or without costs to either party, as to the court seem meet, and in case of the dismissal of the appeal on the affirmance of the conviction

a

NOTICE is hereby given, That at the court of general or quarter sessions to be held on the day of proposal will be made to divide the county of Lincoln into highway districts [or to divide the parts of Holland in the county of Lincoln into highway districts, or to constitute the county of Rutland a highway district, or to constitute the parishes of Alford, Castle Carey, and Lovington, in the county of Somerset, a highway district].

day of

FORM (B).

WHEREAS at a court of general or quarter sessions, held on the last, a provisional order was made in the words following; that is to say [here set out the provisional order].

Notice is hereby given, that the confirmation of the said provisional order by a final order will be taken into consideration by the justices at the court of general or quarter sessions to be held on the day of

next.

shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment; and in any case where, after any such deposit shall have been made as aforesaid, the conviction shall be affirmed, the court may order the sum thereby adjudged to be paid, together with the costs of the conviction and the costs of the appeal, to be paid out of the money deposited, and the residue thereof, if any, to be repaid to the party convicted; and in any case where, after any such deposit, the conviction shall be quashed, the court shall order the money deposited to be repaid to the party convicted; and in every case where any conviction shall be quashed on appeal as aforesaid, the Clerk of the Peace, or other proper officer, shall forthwith endorse on the conviction a memorandum that the same has been so quashed; and whenever any copy or certificate of such conviction shall be made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction has been quashed in every case where such copy or certificate would be sufficient evidence of such conviction.

(p) This schedule is repealed by 27 & 28 Vict. c. 101, s. 27, so far as relates to proceedings of Highway Boards, and another is substituted for it in the schedule to that Act, post, p. 176.

THE HIGHWAY ACT, 1864.

27 & 28 VICT. CAP. 101.

AN ACT TO AMEND THE ACT FOR THE BETTER MANAGEMENT OF HIGHWAYS IN ENGLAND. [29th July, 1864.] WHEREAS it is expedient to amend an Act passed in the Session holden in the twenty-fifth and twenty-sixth years of the Reign of Her present Majesty, chapter sixty-one, and intituled "An Act for the better Management of Highways in England:" 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 Titles of Highway Acts.

1. The Acts hereinafter mentioned may be cited for all purposes by the short titles following; that is to say, The Act passed in the Session of the fifth and sixth years of the reign of King William the Fourth, chapter fifty, and intituled "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," by the short title of the "Highway Act, 1835:"

The said Act passed in the Session of the twenty-fifth
and twenty-sixth years of the reign of Her present
Majesty, chapter sixty-one, by the short title of the
Highway Act, 1862:”

This Act by the short title of the "Highway Act, 1864."

All the above-mentioned Acts and any Acts passed or to

be passed (q) amending the same shall be included under the short title of "The Highway Acts." (r)

This Act shall be construed with 25 & 26 Vict. c. 61.

2. This Act, so far as is consistent with the tenor thereof, shall be construed as one (8) with the "Highway Act, 1862."

Definition of" Poor Law Parish," "Highway Parish,"
Highway Rate," and "County."

66

3. "Poor Law Parish" shall mean a place that separately maintains its own poor:

66

Highway Parish" (t) shall mean a place that after the constitution of a highway district separately maintains its own highways, and is entitled to return a waywarden or waywardens to the Highway Board of the district :

"Highway Rate" shall include any rate, whether poor rate or not, out of the produce of which moneys are payable in satisfaction of precepts of a Highway Board: (u) County" shall include any division of a county that has a separate county treasurer. (v)

AMENDMENTS AS TO ORDERS OF JUSTICES.

Amendment of Section 6 of Highway Act of 1862. (w)

4. 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 this Act, the

See also 25 & 26 Vict. c. 61, s. 4, ante, p. 79.

(r) The "Highways and Locomotives (Amendment) Act, 1878," amends these Acts, and is therefore included in the expression, "The Highway Acts."

(s) That is, as one Aot.

(t) See the definition of the word "Parish" in 25 & 26 Vict. c. 61. s. 3, ante, p. 79; see also s. 5, and 41 & 42 Vict. c. 77, s. 25 (post, p. 211), with reference to places in which there are no highways maintainable by the inhabitants at large.

(u) See post, s. 33.

(v) With reference to the word "county" see 25 & 26 Vict. c. 61, s. 2, and note ante, p. 78.

(w) See ante, p. 81.

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; and 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.

Certain Places to be deemed Places separately maintaining their own Highways.

5. Any parish, township, tithing, hamlet, or other place having a known legal boundary (x) in which there are no highways repairable at the expense of the place, or in which the highways are repaired at the expense of any person, body politic or corporate, by reason of any grant, tenure, limitation, or appointment of any charitable gift, or otherwise howsoever than out of a highway rate or other general rate, shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways. (y)

Where part of a parish is, in pursuance of the Local Government Act, 1858, Amendment Act, 1861, Section 9, treated as forming part of a district constituted under the Local Government Act, 1858, for all purposes connected with the repair of highways and the payment of highway rates, but for no other purpose, such part shall, for the purposes of the Highway Act, 1862, and this Act, be deemed to be a place separately maintaining its own highways, and capable of being included in a highway district,

(x) In Reg. v. Gascoigne, 29 J. P. 389, it was held that though the district for which the waywarden acts be not defined by "a known legal boundary," he must be elected by the inhabitants of that part, and not by those of the whole parish.

As a place such as that contemplated in this section would come within the definition of a "highway parish," it would be liable to the expenses specified in s. 32, post.

(y) See also 41 & 42 Vict. c. 77, s. 25 (post, p. 211), which expressly authorises the appointment of a surveyor of highways for any place which does not in fact maintain any highways or contribute to highway rates.