(3.) The doing of any other work in respect of highways beyond ordinary repairs essential to placing any districts to contribute to 49. Any parish may, with the consent of its waywarden, Power for contribute to any improvements made in another parish, parishes and whether situate or not in the same district, if such firstmentioned parish consider such improvements to be for its improvebenefit; and any highway board may contribute to any ments. improvements made in another district if such improvements are, in the opinion of the highway board of the first-mentioned district, for the benefit of their district. The contribution to be made by one parish to another shall be payable in the same manner as if such contributions were monies due from the contributing parish in respect of expenses incurred in keeping in repair the highways of that parish, and monies contributed by one district to another district shall be payable out of the common fund of the contributing district. 50. The clauses of the Commissioners Clauses Act, 1847, Certain with respect to mortgages to be created by the commis- clauses of sioners, shall form part of and be incorporated with this c. 16, incorAct, and any mortgagee or assignee may enforce payment porated. of his principal and interest by appointment of a receiver. 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 in the forms appearing in the second schedule annexed to this Act, or as near thereto as circumstances admit. 51. From and after the passing of this Act if any person As to enshall encroach by making or causing to be made any croachment building, or pit, or hedge, ditch, or other fence, or by on highways. placing any dung, compost, or other materials for dressing land, or any rubbish, on the side or sides of any carriageway or cartway within fifteen feet of the centre thereof, or by removing any soil or turf from the side or sides of any carriageway or cartway, except for the purpose of improving the road, and by order of the highway board, or, where there is no highway board, of the surveyor, he shall be subject on conviction for every such offence to any sum not exceeding forty shillings, notwithstanding that the whole space of fifteen feet from the centre of such car Power to contract for repairing highways. riageway or cartway has not been maintained with stones or other materials used in forming highways; and it shall be lawful for the justices assembled at petty sessions, upon proof to them made upon oath, to levy the expenses of taking down such building, hedge, or fence, or filling up such ditch or pit, and removing such dung, compost, materials, or rubbish as aforesaid, or restoring the injury caused by the removal of such soil or turf, upon the person offending provided always, that where any carriageway or cartway is fenced on both sides no encroachment as aforesaid shall be allowed whereby such carriageway or cartway shall be reduced in width to less than thirty feet between the fences on each side. 52. The highway board may and is hereby authorized materials for to contract for purchasing, getting, and carrying the materials required for the repair of the highways, and for maintaining and keeping in repair all or any part of the highways of any parish within their highway district, for any period not exceeding three years. 8 & 9 Vict. c. 18 and c. 106, incorporated. 53. A highway board for the purpose of improving the 23 & 24 Vict. 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 the Act amending the same passed in the session of the twentythird and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and six, shall be incorporated with this Act, with the exception of the clauses relating to the purchase of land otherwise than by agreement. In the construction of this Act and the said incorporated Acts this Act shall be deemed to be the special Act, and the board shall be deemed to be the promoters of the undertaking, and the word "land" or "lands" shall include any easement in or out of lands. FIRST SCHEDULE. Proceedings of Highway Boards. (1.) The board shall meet for the despatch of business, and shall from time to time make such regulations with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business, including the quorum at meetings of the board, as they think fit, subject to the following conditions: (a) The first meeting after the formation of the district shall be held at the time and place fixed by the order of the justice in that behalf; (b) One ordinary meeting shall be held in each period of four months, and of such meetings one shall be held on some day between the seventh and fourteenth days of April; (c) An extraordinary meeting may be summoned at any time on the requisition of three members of the board addressed to the clerk of the board; (d) The quorum to be fixed by the board shall consist of not less than three members; (e) Every question shall be decided by a majority of votes of the members voting on that question; (1) The names of the members present at a meeting shall be recorded. (2.) The board shall at the first meeting, and afterwards from time to time at their first meeting after each annual appointment of members of the board as hereafter mentioned, appoint one of their members to be chairman and one other of their members to be a vice-chairman for the year following such choice. (3.) If any casual vacancy occur in the office of chairman or vice-chairman, the board shall, as soon as they conveniently can after the occurrence of such vacancy, choose some member of their number to fill such vacancy; and every such chairman or vice-chairman so elected as last aforesaid shall continue in office so long only as the person in whose place he may be so elected would have been entitled to continue if such vacancy had not happened. (4.) If at any meeting the chairman is not present at the time appointed for holding the same, the vice-chairman shall be the chairman of the meeting; and if neither the chairman nor vice-chairman shall be present, then the members present shall choose some one of their number to be a chairman of such meeting. (5.) In case of an equality of votes at any meeting the chairman for the time being of such meeting shall have a second or casting vote. (6.) All orders of the board for payment of money, and all precepts issued by the board, shall be deemed to be duly executed if signed by two or more members of the board authorized to sign them by a resolution of the board, and countersigned by the clerk; but it shall not be necessary in any legal proceeding to prove that the members signing any such order or precept were authorized to sign them, and such authority shall be presumed until the contrary is proved. SECOND SCHEDULE. Note.-See sect. 50 of Act. way rate in- Note.-High way parish means every parish that separately returns a waywarden or waywardens to the highway board. See sect. 3 of Act. FORMS. Form of Mortgage. The highway board of the district, in consideration of The principal will be paid at on the on the day of day of 18 NOTE.-The mortgage must be under the corporate seal of the board, and duly stamped. See Commissioners Clauses Act, 10 Vict. c. 16, s. 75. Transfer of Mortgage by Indorsement. The within-named A.B., in consideration of the sum of pounds paid to him by C.D., of hereby transfers to the said C.D., his executors, administrators, and assigns, all his interest in the monies secured by the within-written mortgage and in the within-named rates. In witness whereof the said A.B. has hereunto set his hand and seal this day of 18 NOTE.-The transfer must be under seal and duly stamped. See sect. 77 of Commissioners Clauses Act, 10 Vict. c. 16. THE LOCOMOTIVES ACT, 1865. (28 & 29 VICT. c. 83.) An Act for further regulating the Use of Locomotives on Turnpike and other Roads for agricultural and other purposes.* [5th July, 1865.] [Preamble recites 24 & 25 Vict. c. 70.] 1. This Act . . . shall cease and determine on the first Duration of September one thousand eight hundred and sixty-seven. of Act. sections of 24 & 25 Vict. c.70, repealed. 2. After the commencement of this Act, and so long as Certain the same shall continue in force, the fifth, ninth, eleventh, and fifteenth sections of the said recited Act, and all orders made in pursuance of the said fifth section, are hereby repealed. 3. Every locomotive propelled by steam or any other Rules for the than animal power on any turnpike road or public high- manner of way shall be worked according to the following rules and locomotives regulations: viz. working on turnpike roads and [Firstly, at least three persons shall be employed to drive highways as or conduct such locomotive, and if more than two herein stated. waggons or carriages be attached thereto, an additional person shall be employed, who shall take charge of such waggons or carriages:] [Secondly, one of such persons, while any locomotive is in motion, shall precede such locomotive on foot by not less than sixty yards, and shall carry a red flag constantly displayed, and shall warn the riders and drivers of horses of the approach of such locomotives, and shall signal the driver thereof when it shall be necessary to stop, and shall assist horses, and carriages drawn by horses, passing the same:] Thirdly, the drivers of such locomotives shall give as much space as possible for the passing of other traffic: This Act has been continued from year to year by the Expiring Laws Continuance Acts. † Rep. by the Locomotives Act, 1898. The words in brackets rep. as to Scotland, 41 & 42 Vict. c. 58, s. 4; and as to England, 41 & 42 Vict. c. 77, s. 29. S. K |