Confirmation order. PART III. Procedure and Definitions. 34. It shall be lawful for the Local Government Board of provisional to submit any provisional order made by them under this Act to Parliament for confirmation, and without such confirmation a provisional order shall not be of any validity. Confirmation 35. A bye-law made under this Act, and any alteration of bye-laws. made therein and any repeal of a bye-law, shall not be of any validity until it has been submitted to and confirmed by the Local Government Board. Recovery of penalties and expenses. A bye-law made under this Act shall not, nor shall any alteration therein or addition thereto or repeal thereof, be confirmed until the expiration of one month after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district. 36. All offences, fines, and expenses under this Act, or any bye-law made in pursuance of this Act, may be prosecuted, enforced, and recovered before a Court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. The expression "the Summary Jurisdiction Acts" means the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter forty-three, intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders," inclusive of any Acts amending the same. The expression "Court of summary jurisdiction" means and includes any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts: provided that the Court, when hearing and determining an information or complaint under this Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace. 37. If any party thinks himself aggrieved by any con- Form of viction or order made by a Court of summary jurisdiction appeal to on determining any information or complaint under this quarter Act, the party so aggrieved may appeal therefrom, to the next practicable Court of Quarter Sessions. 38. In this Act— sessions. Interpreta tion. "County" has the same meaning as it has in the High- 25 & 26 Vict. way Acts, 1862 and 1864, except that every liberty c. 61. not being assessable to the county rate of the county 27 & 28 Vict. or counties within which it is locally situate shall, for c. 101. the purposes of this Act other than those relating to the formation and alteration of highway districts, and the transfer of the powers of a highway board, be deemed to be a separate county: "County authority means the justices of a county in general or quarter sessions assembled: 66 'Borough" means any place for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales," and the Acts amending the same: 'Highway district" means a district constituted in pursuance of the Highway Act, 1862, and the High- 25 & 26 Vict. way Act, 1864, or one of such Acts: c. 61. c. . 101. "Highway board" means the highway board having Highway authority means as respects an urban "Rural sanitary district" and "rural sanitary autho- 27 & 28 Vict. c. 101. declared to be rural sanitary districts and authorities 38 & 39 Vict. by the Public Health Act, 1875: c. 55. s. M 38 & 39 Vict. c. 55. 18 & 19 Vict. c. 120. "Urban sanitary district" and "urban sanitary autho- "The metropolis" means the parishes and places men- "Locomotive" means a locomotive propelled by steam "Person" includes a body of persons corporate or unincorporate. HIGHWAY RATE ASSESSMENT AND (45 & 46 VICT. c. 27.) An Act to extend certain Provisions of the Poor Rate [Preamble.] [12th July, 1882.] 1. This Act may be cited as the Highway Rate Assess- Short title. ment and Expenditure Act, 1882. 2. This Act shall not extend to Scotland or to Ireland. Extent of c. 41.) 3. Where in any parish the vestry have, under section Power to rate four of the Poor Rate Assessment and Collection Act, and compound with 1869, ordered or shall hereafter order that the owners of owners of all rateable hereditaments to which section three of that small teneAct extends shall be rated to the poor rate in respect of ments. such hereditaments instead of the occupiers, such order (32 & 33 Vict. shall be deemed to extend to and include the highway rate, and whilst such order is in force the respective owners of such hereditaments shall be rated and assessed instead of the occupiers thereof to the highway rates made after the passing of this Act for any highway parish which is co-extensive with such parish or with any part thereof, and to which otherwise such occupiers might by law be rated; subject nevertheless to the abatements or deductions and to the conditions specified in sections four and five of the said Act; and for the purposes of this section the term "overseers in section four of the said Act shall be construed to mean "surveyor of highways or other person authorised by law to make and levy a highway rate." The surveyor of highways, or other person authorised by law to make and levy a highway rate, shall have the same powers, remedies, and privileges for recovering the rates made under this Act upon owners, as the overseers of the poor have under the said Poor Rate Assessment and Collection Act, 1869, for the recovery of a poor rate, and when the overseers are required by law to levy the highway rate, and such rate applies to the whole parish, they may levy the same as part of the poor rate. Valuation lists conclu 4. In every highway rate. .. the several hereditaments included therein and assessable to the poor rate shall sive for high- be rated according to the annual rateable value thereof way rate. c. 39. appearing in the valuation list for the time being in force in the parish which is co-extensive with or includes the highway parish to which the highway rate relates, and where any valuation list has been amended on objection 27 & 28 Vict. pursuant to section one of the Union Assessment Committee Amendment Act, 1864, the assessment committee shall give notice of such amendment to the surveyor of highways or other person authorised to make and levy the highway rate, who shall thereupon alter the then current highway rate accordingly. Provision for balances of outgoing surveyors. Power to maintain mile stones 5. If the rates levied by a surveyor of highways, together with any other sums received by him during his term of office, prove insufficient to meet the whole of the expenditure lawfully incurred by him, and such deficiency has not arisen from any neglect or default on his part, his successor in office may reimburse to him the amount of such deficiency. 6. The expenses incurred by a highway authority in maintaining, replacing, or setting up mile stones on any and to fence. highway, and in fencing by posts and rails or otherwise a highway where such fencing is required for the protection of persons travelling thereon against danger, shall be a lawful charge upon the highway rate. Waywardens' rate accounts. 41 & 42 Vict. c. 77. 7. The provisions of section nine of the Highways and Locomotives (Amendment) Act, 1878, as amended by the District Auditors Act, 1879, in relation to the audit of the accounts of highway authorities and their officers shall 42 & 43 Vict. extend to the accounts of a waywarden of any highway parish within a highway district with respect to the highway rates levied by him. c. 6. Recovery and payment of certified balances. 8. Moneys, goods, or chattels certified by an auditor at a highway audit to be due from any person shall be recoverable by the like process and with the like powers as in the case of moneys, goods, or chattels certified at the audit of the poor rate accounts, and where an auditor shall take proceedings for the recovery of any moneys, goods, or chattels certified at a highway audit or shall lay any information for a penalty in consequence of the default of any officer or other person to attend any such audit or to |