Acts; and as from the commencement of the order the existing Highway Board (if any) for the district shall be dissolved, and waywardens or surveyors shall not hold office or be elected for any parish in the district.

An order made under this section may be amended, altered, or rescinded by a subsequent order of the county authority.

Where a highway district, being coincident in area with a rural sanitary district, is situate in more than one county, an order under this section may be made by the county authority of any county in which any part of such district is situate, but such order, and any order amending, altering, or rescinding the same, shall not be of any force or effect until it has been approved by the county authority or authorities of the other county or counties in which any part of such district is situate.

Consequences of rural sanitary authority becoming Highway Board.

5. (1.) From and after the commencement of the order declaring a rural sanitary authority entitled to exercise the powers of a Highway Board within their district, the following consequences shall ensue :

All such property, real or personal, including all interests, easements, and rights in to and out of property real and personal and including things in action, as belongs to or is vested in or would but for such order have belonged to or been vested in the Highway Board, or any surveyor or surveyors of any parish forming part of the district, (f) shall pass to and vest in the rural sanitary authority for all the estate and interest of the Highway Board, or of such surveyor or surveyors, but subject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of any property transferred to the rural sanitary authority may

(f) A similar transfer of property, &c., from the surveyor or surveyors to the Highway Board takes place, under 25 & 26 Vict. c. 61, s. 11, ante, at and after the first meeting of such Board when a highway district has been formed. See also the last part of the note to the preceding section.

be enforced against that authority to the extent of the property transferred: All such powers rights duties liabilities capacities and incapacities (except the power of obtaining payment of their expenses by the issue of precepts in manner provided by the Highway Acts, or the power of making, assessing, and levying highway rates) (g) as are vested in or attached to or would but for such order have become vested in or attached to the Highway Board, or any surveyor or surveyors of any parish forming part of the district, shall vest in and attach to the rural sanitary authority:

All property by this Act transferred to the rural sanitary authority shall be held by them on trust for the several parishes for the benefit of which it was held previously to such transfer. (h)

(2.) If at any time after a rural sanitary authority has become invested with the powers of a Highway Board in pursuance of this Act, 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.

(3.) 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. (i)

(g) See subs. 3, and note, infra, as to the mode in which funds are to be provided for payment of the expenses of the rural sanitary authority.

(h) See the last clause of 25 & 26 Vict. c. 61, 8, 11, and note thereon, ante, p. 95.

(2) The following are the provisions of the Public Health Act, 1875, 38 & 39 Vict. c. 55, with respect to the general expenses of rural sanitary authorities :—

"Sec. 229. The expenses incurred by a rural authority in the execution of this Act shall be divided into general expenses and special expenses. General expenses (other than those chargeable on owners and occupiers under this Act) shall be the expenses of the establishment and officers

Highway Boards may combine to appoint a District Surveyor.

6. Any two or more Highway Boards may unite in appointing and paying the salary of a district surveyor, who shall in relation to the district of each of the Boards

of the rural authority, the expenses in relation to disinfection, the providing conveyance for infected persons, and all other expenses not determined by this Act, or by order of the Local Government Board to be special expenses.

"General expenses shall be 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 in manner in this Act mentioned.

"The following areas situated in a rural district shall be contributory places for the purposes of this Act; that is to say: (1) Every parish not having any part of its area within the limits of a special drainage district formed in pursuance of the Sanitary Acts or of this Act, or of an urban district; and (2) Every such special drainage district as aforesaid; and (3) In the case of a parish wholly situated in a rural district, and part of which forms or is part of any such special drainage district as aforesaid, such portion of that parish as is not comprised within such special drainage district; and (4) In the case of a parish a part of which is situated within an urban district, such portion of that parish as is not comprised within such urban district, or within any such special drainage district as aforesaid.

"Sec. 230. For the purpose of obtaining payment from the several contributory places within their district of the sums to be contributed by them, the rural authority shall issue their precept to the overseers of each such contributory place requiring such overseers to pay, within a time limited by the precept, the amount specified in such precept to the rural authority or to some person appointed by them, care being taken to issue separate precepts in respect of contributions for general expenses and special expenses, or to make such expenses respectively separate items in any precept including both classes of expenses. Where a contributory place is part of a parish, as defined by this Act, the overseers of such parish shall for the purposes of this Act be deemed to be the overseers of such contributory place, and, where any part of a contributory place is part of a parish, the overseers of such parish shall for the like purposes be deemed to be the overseers of such part of such contributory place.

"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 requred 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 such part thereof in respect of general expenses under

by whom he is appointed have all the powers and duties of a district surveyor under the Highway Acts. (1)

Expenses of Highway Boards to be paid out of District Fund.

7. 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(k), shall, notwithstanding anything

this Act, 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 em ployed in the collection of the poor rate, shall, if required by the overseers, collect any separate rate made under this section, and receive out of such separate rate such remuneration for the additional duty as the overseers with the consent of the vestry may determine.

"The overseers shall at the expiration of their term of office pay any surplus in their hands arising from any separate rate levied in pursuance of this Act, above the amount for which the rate was made, to the rural authority or to such person as they may appoint, to the credit of the contributory place within which or within part of which such rate was made, and such surplus shall go in reduction of the next call that may be made on such contributory place or such part thereof for the purpose of defraying the expenses incurred by the rural authority. "Sec. 231. If the amount required by any precept of a rural 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 for that purpose, the rural 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 requiring the payment shall be conclusive evidence of the amount thereof." As to the recovery of contributions by guardians, see & 3 Vict. c. 84, s. 1, 12 & 13 Vict. c. 103, s. 7, 14 & 15 Vict. c. 105, s. 9.

(j) See 25 & 26 Vict. c. 61, ss. 12, 16, as to the appointment and duties of the district surveyor.

With reference to the foregoing provisions, see Reg. v. Heath, ante, pp. 153, 154.

(k) A township was included in a highway district, and a person having caused an obstruction on a highway, the Highway Board, at the instance of the waywarden of the parish, indicted him for it, and he removed the indictment by certiorari. Upon the trial, the person causing the obstruction was found guilty, and subsequently paid the taxed costs of the indictment. There was, however, a sum of £60 extra costs upon the indictment, which the Highway Board charged against the township; and it was held that the costs of the indictment were such costs as the Highway Board were justified, under the 25 & 26 Vict. c. 61, s. 20, in incurring to remove an obstruction to the highway,

contained in the Highway Acts, on and after the twentyfifth day of March one thousand eight hundred and seventynine 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: (1) Provided, that if a 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 (m) 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. (n)

and that they were properly chargeable against the township under that section. Reg. v. Heath, 12 L. T. (N. S.) 492, 6 B. & S. 578.

A Highway Board have no power to incur expenses in opposing a Bill in Parliament, even though such Bill should affect some of the parishes in the district, and the opposition should be successful. In the particular case the Highway Board opposed in Parliament a Bill promoted by the trustees of a turnpike road, which ran through fifteen out of the twenty-one parishes of which the district was composed; and the quarter sessions found that such opposition was bonâ fide, and the result beneficial to the district. The Board apportioned the expenses of the opposition among the several parishes in the district; but on a case stated the court held that they had no lawful authority to incur the expenses.-Reg. v. Kingsbridge Highway Board, 18 L. T. (N. S.) 554, 32 J. P. 372.

(1) Until the day here mentioned only the salaries of officers, and other expenses incurred by the Board for the common use and benefit of the several parishes within their district, will be charged to the district fund, the expenses of maintenance of highways and other expenses being a separate charge on each parish; see 27 & 28 Vict. c. 101, s. 32; but after that day all expenses legally incurred by the Board, whether for the common use or benefit of all the parishes or not, will be payable out of the district fund, and will consequently be borne by the several parishes in proportion to their respective rateable values, except in cases where the Highway Board act upon the proviso to the present section.

(m) That is the justices in general or quarter sessions assembled, see s. 38, post.

(n) A "highway parish" in this Act means a parish or place