A BILL ΤΟ Amend the Law relating to Highways in South Wales. WHEREAS it is expedient to amend an Act passed in the twenty-third and twenty-fourth years of the reign of Her present Majesty, intituled "An Act for the better management "and control of the highways in South Wales," which Act is in this 5 Act called "The South Wales Highway Act:" 10 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: 1. This Act shall be cited as the South Wales Highway Act Amendment Act, 1878, and, so far as is consistent with the tenor thereof, shall be construed as one with the South Wales Highway Act. A.D. 1878. Act to be South Wales Highway Act. one with the make improvements, 2. The Highway Board for each district may make such im- Highway provements as are herein mentioned in the highways within their boards may 15 jurisdiction, and may, with the approval of the County Roads Board of the county in which they are situate, borrow money for the purpose of defraying the expenses of such improvements. and borrow money for the purpose. Estimate of expense to be made, and notice 3. Previously to applying for the approval of the said County Roads Board, the Highway Board shall cause an estimate of the 20 expense of the improvements to be made, and one month at the least before making their application shall give notice of their intention to be given. to do so. 25 30 Such notice shall state the following particulars : 1st. The nature of the work, the estimated amount of expense 2nd. The parish or parishes within the highway district by which A.D. 1878. How notice to be given. Moneys borrowed under Act to be a first charge on highway rates of parishes moneys to be paid off; provided that no such sum shall be borrowed for a longer period than twenty years. 3rd. 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 in paying off 5 the same. 4th. The date of the meeting of the County Roads Board at which the application for such approval as aforesaid is to be made. 4. Such notice shall be given as follows: 1. By transmitting a copy to the clerk of such County Roads Board. 10 2. By placing a copy of such notice for two successive Sundays Upon the hearing of the application, any person or persons 5. All moneys borrowed in pursuance of this Act, together with the interest thereon, shall be a first charge on the highway rates of each parish liable to contribute to the payment thereof, in the same manner, as far as the creditor is concerned, as if the money had been 25 borrowed on account of each parish alone, and the sums necessary to repay the said borrowed moneys, with interest, shall in each contribute.. said parish be recoverable in the same manner as if they were expenses incurred by the board in keeping in repair the highways of that parish. liable to County Roads make orders as to application for consent. Limitation as to the amount in the pound of the rateable But it shall be the duty of the Highway Board in case of any one parish paying more than its share of such borrowed money, or of the interest thereof, to make good to the parish the excess so paid out of the rates of the other parishes liable to contribute thereto. 6. The County Roads Board may from time to time make general orders relative to the mode in which applications are to be made to them for their consent under this Act to the borrowing of any moneys. 30 35 7. The limitation as to the amount in the pound of the rateable 40 value of the property to be levied in any one year shall not apply 5 value not to to the amount of principal and interest of money borrowed under apply to this Act and liable to be repaid in any year. principal and interest of 8. The following works shall be deemed to be improvements of money borhighways: rowed under this Act and 1st. The conversion of any road that has not been stoned into a to be repaid stoned road. 10 2nd. The widening of any road, the cutting the corners off on 3rd. The doing any other work in respect of highways beyond in any year. What works are to be deemed improvements of highways. Board may 9. It shall be lawful for any County Roads Board to make an County Roads 15 order that any highway within the county for which they act, being order roads the main thoroughfare through any one or more highway districts to be repaired to any town or towns or to any railway station or stations, shall be out of highrepaired out of the highway rate of the highway district in which such road is locally situate; and where such road extends into 20 more than one highway district, the part situate in each highway district shall be repaired out of the highway rate of each district respectively, and the expenses of such repairs shall be apportioned amongst and charged upon such parishes within each respective district as the County Roads Board shall declare to be liable, in 25 the same manner and in the same proportions as the county rate is chargeable. 30 Provided always, that such County Roads Board shall, previous to making an order that any highway shall be repaired as aforesaid, give notice of their intention to proceed to make an order to that effect at a meeting of the board to be named in such notice, and shall advertise such notice in one or more of the newspapers circulating in the county, and shall cause copies of such notice to be affixed to the door of each parish church in the said highway district or districts, and shall cause to be served a copy of such 35 notice on the clerk of such highway district or districts in which such highway or highways are situate, at least one month before the day of the meeting so named in such notice, and shall at such meeting, previous to coming to any determination, hear any person or persons who shall desire to make any objections to the proposed 40 order being made, and shall, after such objections, if any, have been heard, proceed to make, modify, or reject such proposed order as to them shall seem just and reasonable. way rate. 10. The clauses of the Commissioners Clauses Act, 1847, with respect to mortgages to be created by the Commissioners, shall form part of and be incorporated with this Act, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver. 5 In the construction of the said clauses "the commissioners " shall mean "the Highway Board." Mortgages and transfers of mortgages shall be valid if made in the forms prescribed by the last-mentioned Act, or as near thereto as circumstances admit. 10 11. A Highway Board, for the purpose of improving the highways within their district, may purchase such lands or easements relating to lands as they may require; and the Lands Clauses Consolidation Act, 1845, and any Act amending the same, except the clauses in the said Acts respectively relating to the purchase of lands other- 15 than by agreement, shall be incorporated with this Act; and for the purposes of those Acts this Act shall be deemed the special Act, and any such Highway Board as aforesaid exercising the powers of this Act shall be deemed the promoters of the undertaking. 12. "Parish" in this Act means every parish or place for which 20 a separate rate is made for the maintenance of the highways. 13. The Public Works Loan Commissioners, appointed under the Public Works Loans Act, 1875, may, if they think it expedient, from time to time make loans for the purpose of every work mentioned in this Act to any Highway Board, as if the said Highway Board and works had been named in the said recited Act. 25 |