5

And be it Enacted, That no member of any County Roads Board, or of any Board of Waywardens, and no Surveyor of any district shall, except as is hereinafter excepted, on his own account, directly or indirectly be interested or concerned in any contract or bargain for works or materials, tools or things for making or repairing, or in any way relating to the Highways for which they shall respectively act; and if any such Surveyor shall be so interested or concerned in any contract or bargain as aforesaid, he shall forfeit for every such offence the sum of Twenty Pounds to any person who shall sue for the same; and any 10 member of any County Board or Board of Waywardens offending

in like manner, shall for every such offence forfeit and pay the Penalties. sum of Twenty Pounds in like manner; and every such contract and bargain shall be and the same is hereby declared to be void, and shall not be enforced against or carried into effect by the members 15 of such Board entering into the same: Provided, That nothing in this enactment contained shall be construed to extend to any such member or Surveyor who shall receive any sum or sums of money as or by way of purchase-money, damages, rent, recompense or satisfaction agreed upon or awarded to such member or to such Surveyor 20 for lands, purchased or taken for the purpose of diverting or altering, or for the use of any Highway for which he shall act as a member of such Board or as such Surveyor, or for a repository for materials to be used thereon, or for the damage done to any inclosed or private grounds of any such member or Surveyor in taking materials there25 from, or in carrying or conveying them over the same, nor to prevent any such member or Surveyor from selling or disposing of, for the use of any Highway, any materials or any timber grown or growing on the land or grounds of such member or Surveyor; nor shall any member or Surveyor be liable to or incur any such 30 penalty, or forfeiture as aforesaid, by reason only of his being a

proprietor or holder of any share in any canal or railway company which shall contract with any District Board for the carriage or conveyance of any materials for the repair of the Highways.

And be it Enacted, That the members of any Board of Way35 wardens who may have been appointed Chairman and Vice-chairman for the time being of such Board, shall also be members of the County Roads Board of the county to which such Board of Waywardens shall belong, and shall so long as they shall respectively continue Chairman and Vice-chairman have all the same rights, 40 powers and authorities as any other members thereof.

And be it Enacted, That every County Roads Board may, if they deem it expedient, appoint a fit and proper person to be an Inspector of Highways within such county; and may also from time to time

48.

His office and duties; to

overlook management of Roads;

to attend annual meetings of County Boards;

at their discretion remove such Inspector from his office; and in the event of such removal or of the death or resignation of such Inspector, appoint another in his stead; and the remuneration of every such Inspector shall be fixed by the magistrates in Quarter Sessions assembled, upon the recommendation of the County Roads Board, and shall be paid out of the county-rate.

And be it Enacted, That every such person so appointed shall be styled the General Inspector of Highways for the county of

5

(as the case may be), and shall from time to time examine, inspect and overlook the management and repairs of the several 10 highways within such county, and also the execution of all alterations, improvements and works relating to the same; and such Inspector shall attend the General Annual Meeting hereinafter mentioned of the County Roads Board, and shall prepare and shall submit to the said Board at such Meeting a general report upon the state of the several 15 highways within such county; and it shall also be the duty of every such Inspector, whenever he shall be required by the County Roads Board so to do, to prepare or cause to be prepared, and to submit to them an estimate of the probable expense to be incurred in respect of any proposed improvement, alteration or work relating to the 20 to report from highways under his control; and also to make such reports from time to time to the said County Board respecting the state, management or administration of any highways under his inspection, or any improvement, work or alteration required therein, as shall be directed by such Board.

49. County Roads Board to hold general annual weeting.

Business to be done thereat.

25

30

And be it Enacted, That every County Roads Board shall hold one meeting in every year, to be called the General Annual Meeting, at such time as shall be appointed by the said Boards respectively; and at such General Annual Meeting in each county the accounts of expenditure in and for each district during the past year, which shall have been audited as hereinbefore provided, and also the report which may have been prepared by the said Inspector upon the state of the highways of such county, shall be produced and examined; and any other matters relating to the financial affairs and transactions of the said County Roads Boards, and of the several District Boards, shall 35 be discussed and considered, and all books, accounts, vouchers and papers relating to any such matters which shall be required by the said County Board to be produced at such General Annual Meeting shall then be produced by the treasuers, clerks, surveyors, or other officer having the custody of the same; and if any such treasurer, 40 clerk, surveyor or other officer, upon being required so to do, shall neglect or refuse to produce any such books, accounts, vouchers or other papers which shall be in his possession or power, he shall be liable to a penalty not exceeding Twenty Pounds.

And

5

And be it Enacted, That from and after the Twenty-fifth day of March next, all tools, materials, implements, matters and things that shall have been purchased or provided for the use or repair of any highways (except as hereinafter excepted), and all the estate, right, title and interest of any Surveyor of Highways, or of any parish separately maintaining its own Highways, of and in all lands, houses, quarries, gravel-pits, or other hereditaments whatsoever, and of and in all estates devised or settled in trust for the repair of the said roads, or of any of them, or charged with any payments in respect 10 thereof, shall be and remain vested in the District Boards of the district in which are comprised the roads to which such lands, houses, estates, property, matters or things theretofore belonged or appertained, and shall when so vested be subject to the same trusts and applicable to the same purposes as theretofore.

15

50.

Property now belonging to Highway be transferred Surveyors to to Boards of

Waywardens.

51.

And be it Enacted, That from and after the said Twenty-fifth day Offices held under reof March next, the powers and authorities of every Surveyor and pealed Act Deputy-surveyor of Highways, Board for the repairs of Highways, to cease. Collector of Highway-rates, or other officer appointed under any statute now in force relating to Highways, shall, except so far as 20 may be expressly excepted by this Act, cease and determine : Provided always, That any person who shall at the time above mentioned be the Surveyor of Highways for any parish may and shall recover any Highway-rate then remaining unpaid and in arrear, in the same manner as if this Act had not been passed, and the 25 money so recovered shall be applied in the first place in satisfying any expenses incurred by such person as such Surveyor, and in discharging any debts due by him as such on account of the Highways under his jurisdiction, and the surplus, if any, shall be paid to the Treasurer of the District Board of the district in which such 30 Highways, or the greater part thereof, shall be situate.

35

40

Existing Surevors of Highways empowered to rears of Rates.

recover ar

52. Officers to deliver up ba

account, and

lances and other pro

And be it Enacted, That every such officer or person shall, within Thirty Days after such determination of his said office, make up, sign and balance his accounts, and shall lay the same before the Justices of the Peace at the petty session to be holden next after perty. the expiration of the said Thirty Days; and the said Justices are hereby required to examine such persons upon oath as to the truth of the said accounts; and after such accounts shall have been proved as aforesaid, or if such accounts shall not have been previously proved, then within Forty Days after the determination of his office, as aforesaid, every such officer or person shall pay or deliver to the District Board of the district wherein are included the Highways, or the greater part thereof, for which he shall have so acted, or to some person appointed by them for that purpose, all monies, balances, securities, vouchers, receipts, accounts and other documents held or

53. Penalties for not account

ing.

received by him, and also all materials, tools, implements and other things whatsoever in his possession or control, by virtue of his said office, and the same shall thenceforth be vested in the said District Board.

5

And be it Enacted, That if any such officer or person as aforesaid shall neglect or refuse to render such accounts, or to lay the same before the said Justices as aforesaid, or to pay or to deliver to the said District Board, or to the person by them appointed as aforesaid, any of the said monies, balances, securities, vouchers, receipts, accounts, books, papers, materials, tools, implements, 10 matters, or other things in his possession or control, by virtue of his said office, then any Justice of the Peace, on complaint being made to him in that behalf, shall summon the party charged to appear and answer the complaint before Two Justices, at a time and place to be specified in the summons; and upon 15 the appearance of the party charged, or upon proof that the summons was personally served upon him, or left at his last known place of abode, and if it appear to the last-mentioned Justices that he has failed to render any such accounts, or to produce and deliver up any such monies, balances, securities, 20 vouchers, receipts, accounts, books, papers, materials, tools, or implements, matters or things as aforesaid, and that he still fails or refuses so to do, it shall be lawful for them by warrant under their hands to commit the offender to gaol, there to remain without bail until he shall have rendered such accounts, and 25 produced and delivered up all such vouchers, receipts, books, papers, writings, property, effects, matters, and things, in respect of which the charge was made; and if it appear that the party charged has failed to pay over any such monies as aforesaid, and that he still fails or refuses so to do, it shall be lawful for the last- 30 mentioned Justices, by a like warrant, to cause the same to be levied by distress and sale of his goods and chattels, and in default of any sufficient distress to commit him to gaol, there to remain without bail for a period of Three Months, unless such monies be sooner paid: Provided always, That if the complainant, by depo- 35 sition on oath, show to the satisfaction of any Justice, that there is probable cause for believing that the party charged intends to abscond, it shall be lawful for such Justice, without previous summons, by warrant under his hand and seal, to cause him to be forthwith apprehended; and in such case the party shall, within 40 Twenty-four Hours after apprehension, be brought before the same or some other Justice, who may order that he be discharged from custody, if such Justice think that there is no sufficient ground for detention, or that he be further detained until he be brought before Two Justices at a time and place to be named in the order, unless

5

bail to the satisfaction of the Justice be given, for the appearance of the party before such Two Justices: Provided also, That no such proceeding shall be construed to relieve or discharge any surety of the offender from any liability whatsoever: Provided also, That the proceedings hereinbefore directed to be taken with respect to officers and persons whose offices shall cease in consequence of this Act, shall also be taken in the case of any officer hereafter appointed under this Act, who shall be dismissed, or whose office shall in any way terminate in his life-time, and who shall neglect or 10 refuse to account, or to deliver up any monies or other property held by him, or under his control, by virtue of his said office.

And be it Enacted, That in case of the death of any such officer or person whose office shall cease in consequence of this Act, or of any other officer or person hereafter appointed under this Act, before he 15 shall have paid and fully satisfied all the monies which he shall have received by virtue of his office, then and in every such case the executors or administrators of such person so dying shall pay and satisfy the same out of his estate and effects unto the District Board of the county in which shall be comprised the roads, or the 20 greater part thereof, in respect of which such office was held, in like manner as other debts are directed by law to be discharged by such executors or administrators, and also shall deliver up all books, papers, writings, tools, materials and implements, and other things concerning his office, which shall have come to the hands of such executors or administrators, who shall and may plead such payment in any action or suit which may be brought against them on account of the said estate and effects, and give the same in evidence; and in case of the non-payment of such monies, or the non-delivery of such books, papers, writings, tools, materials, imple30 ments and things, for the space of One calendar Month after demand made thereof in writing by or on behalf of the said District Board, it shall be lawful for the said Board to commence and prosecute an action or actions at law against such executors or administrators for the recovery of the said monies, or for the recovery of 35 damages for the detention of such books, papers, writings, tools, materials, implements and things, in which action or actions full costs of suit shall be recoverable by the said Board.

25

AND whereas it is expedient that in certain cases alterations should be made, and that land should be purchased and works 40 should be executed which would conduce to the permanent improvement of the Highways, and to the common benefit of the several parishes constituting a district under this Act; but such alterations or works would require a larger outlay than could be

Proviso.

54. In case of death of Offi

cers, their Executors to

be liable.

55. Money may

be raised for improvement

of Highways on security of District Rates

with consent

of County

Roads Board.