or on behalf of the Board, may make inquiry of and concerning the default in a summary way, and by warrant under his hand and seal cause such money as may appear to be due and unpaid to be levied by distress and sale of the goods and chattels of the officer, rendering to him the overplus (if any) on demand, after payment of the money remaining due, and deducting the charges and expenses of making the distress and sale. If sufficient distress cannot be found, or if it appears that the officer has refused or wilfully neglected to give an account, or to deliver up all books, papers, writings, tools, matters, and things in his custody or power relating to the execution of his office, the justice shall commit him to the house of correction or common gaol, there to remain without bail until he gives a true and perfect account duly verified, and produces and delivers up the vouchers relating to it, and pays the money (if any) remaining in his hands according to the direction of the Board, or has compounded with the Board and paid the composition (which composition the Board are empowered to make and receive), or until he delivers up the books, papers, and writings, fools, matters, and things, or has given satisfaction to the Board concerning them. No officer who may be committed on account of his not having sufficient goods and chattels as aforesaid shall, however, be detained in prison by virtue of the Act for any longer time than six calendar months. (h)

7. MAINTENANCE OF HIGHWAYS.

Repair of Highways by Highway Board.

The Highway Board shall maintain in good repair the highways within their district, and shall, subject to the provisions of the Acts, as respects the highways in each parish within their district, perform the same duties, have the same powers, and be liable to the same legal proceedings as the surveyor of the parish would have performed, had, and been liable to if the Acts had not passed. It shall be the duty of the district surveyor to submit to the Board at their first meeting in every year an estimate of

(h) 25 & 26 Vict. c. 61, s. 31.

the expenses likely to be incurred during the ensuing year for maintaining and keeping in repair the highways in each parish within the district of the Board, and to deliver a copy of such estimate as approved or modified by the Board so far as the same relates to each parish to the waywarden thereof. (i)

The Highway Board may and is authorized to contract for purchasing, getting, and carring 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. (j)

Contracts by Waywardens.

By 26 & 27 Vict. c. 61, s. 1, no waywarden shall directly or indirectly contract for the repair of any roads, or for any other work to be executed under the provisions of the 25 & 26 Vict. c. 61 within the parish for which he is elected waywarden, or within any other parish in the same district, under a penalty of ten pounds with full costs of suit; and by section two of the same Act the Highway Board are not liable to pay for any work so contracted for. But now by 27 & 28 Vict. c. 101, s. 20, notwithstanding anything contained in the 25 & 26 Vict. c. 61, or in any other Act, any waywarden may contract for the supply or cartage of materials within the parish for which he is waywarden, with the licence of two justices assembled at petty sessions, such licence to be granted on the application of the Clerk of the Highway Board, who must be authorized to make such application by a resolution of his Board assembled at a meeting of which notice has been given.

Power of County Authority to enforce performance of duty by defaulting Highway Authority.

Where complaint is made to the county authority that the highway authority of any highway area within their jurisdiction (that is, a Highway Board, surveyor of high

(i) 25 & 26 Vict. c. 61, s. 17.

(j) 27 & 28 Vict. c. 101, s. 52.

ways, or urban sanitary authority of any district other than a borough with separate quarter sessions) has made default in maintaining or repairing all or any of the highways within their jurisdiction, the county authority, if satisfied after due inquiry and report by their surveyor that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of the duty of the highway authority; and if such duty is not performed by the time limited in the order, and the highway authority fail to show sufficient cause why the order has not been complied with, the county authority may appoint some person to perform such duty, and shall by order direct that the expenses of performing the same, together with the reasonable remuneration of the person appointed for superintending such performance, shall be paid by the authority in default, and any order made for payment of such expenses and costs may be removed into the High Court of Justice, and be enforced in the same manner as if the same were an order of such court.

Any person so appointed shall, in the performance and for the purpose of the duty of the highway authority, be invested with all the powers of such authority other than the powers of making rates or levying contributions by precept. The person appointed may be changed by order of the county authority.

If the highway authority, within ten days after service on them of the order of the county authority, give notice to the clerk of the peace that they decline to comply with the requisitions of the order until their liability to repair the highway in respect to which they are alleged to have made default has been determined by a jury, it shall be the duty of the county authority either to satisfy the defaulting authority by cancelling the order or modifying it in such manner as the authority may desire, or else to submit to a jury the question of the liability of the defaulting authority to repair the highway.

If the county authority decide to submit the question to a jury, they shall direct a bill of indictment to be preferred to the next practicable assizes to be holden in and for their county, with a view to try the liability of the defaulting authority to repair the highway. Until the trial of the indictment is concluded the order of the

county authority shall be suspended, and if the jury acquit the defendants it shall become void.

The costs of the indictment and of the proceedings consequent thereon shall be paid by such parties to the proceedings as the court before whom the case is tried may direct. Any costs directed to be paid by the county authority shall be paid out of the county rate, and any costs directed to be paid by the highway authority shall be paid out of the funds applicable to the maintenance of the roads within their jurisdiction. (k)

Roads out of Repair.

Where complaint is made to any justice of the peace that any highway within the jurisdiction of the Highway Board is out of repair, the justice shall issue two summonses, the one addressed to the Highway Board and the other to the waywarden of the parish liable to the repair of the highway, requiring the Board and waywarden to appear before the justices at some petty sessions, in the summons mentioned, to be held in the division where the highway is situate. At such petty sessions, unless the Board undertake to repair the road to the satisfaction of the justices, or unless the waywarden deny the liability of the parish to repair, the justices shall direct the Board to appear at some subsequent petty sessions to be then named, and shall either appoint some competent person to view the highway, and report to them on its state at such other petty sessions, or fix a day, previous to such petty sessions, at which two or more of them will themselves attend to view the highway. At the last-mentioned petty sessions, if the justices are satisfied, either by the report of the person they appointed, or by their own view, that the highway complained of is not in a state of complete repair, it shall be their duty to make an order on the Board limiting a time for the repair of the highway complained of. If the highway is not put in complete and effectual repair by the time limited in the order, the justices in petty sessions shall appoint some person to put the highway into repair, and shall by order direct that

(k) 41 & 42 Vict. c. 77, s. 10.

the expenses of making the repairs, together with a reasonable remuneration to the person appointed for superintending the repairs, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the Board. Any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, in the same manner as if it were an order of general or quarter sessions, and be enforced accordingly. (1)

All expenses directed to be paid by the Board in respect of the repairs of any highway shall be deemed to be expenses incurred by the Board in repairing the highway, and shall be recovered accordingly. (1)

Appearance of Highway Board before Justices.

The Highway Board may appear before the justices at petty sessions by their district surveyor or clerk, or any member of the Board. (1)

How, when obligation to Repair is disputed.

When, on the hearing of any summons respecting the repair of any highway, the liability to repair is denied by the waywarden on behalf of his parish, or by any party charged therewith, the justices shall direct a bill of indictment to be preferred, and the necessary witnesses in support thereof to be subpoenaed, at the next assizes to be holden in and for the county, or at the next general quarter sessions of the peace for the county, riding, division, or place wherein the highway is situate, against the inhabitants of the parish, or the party charged therewith, for suffering and permitting the highway to be out of repair. The costs of such prosecution shall be paid by such party to the proceedings as the court before whom the case is tried shall direct, and if directed to be paid by the parish shall be deemed to be expenses incurred by the parish in keeping its highways in repair, and shall be paid accordingly. (m)

(1) 25 & 26 Vict. c. 61, s. 18.

(m) Ibid. s. 19.