The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-04-14 00:00:00

THE NEW HIGHWAY BILL.

The following is an abridgment, of the government bill
" to amend the laws relating to highways," introduced
into the House of Commons by Sir James Graham. The
first 29 clauses regulate the constitution of the new local
boards, and define the powers of control to be entrusted
to the enclosure commissioners, appointed in pursuance
of an act passed last session for facilitating the enclosure
of common and waste lands. The chief commissioner of
woods and forests is at the head of the commission. Mr.
G. Darby, the la`e representative of East Sussex, is one
of the principal members of it, as we believe is also Mr.
Blamire.

The enclosure commissioners, or any two of them, may
sit as a board, for the purpose of this act. Immediately
on its passing, they are to proceed to distribute the several
parishes and places now maintaining their own highways,
into " highway districts," the limits of which they may
at any time alter. Within 14 days from the 29th of Sep-
tember next a board of way-wardens shall be elected for
each district. Every' parish and every hamlet now main-
taining its own highways shall elect one or more rate-
payers as waywardens, the number to be fixed by the en-
closure commissioners. If, however, the highways of
any hamlet are less than four miles in length, it shall be
annexed, for the purposes of election, to the parish
to which it belongs. The right of voting for way.
wardens is to be the same as for guardians of the
poor. The way-wardens shall remain in office two years,
and shall be capable of re-election. Vacancies caused
by death, resignation, or disqualification, shall be filled
up as they occur. Justices of the peace resident and
acting in the district, shall be ex officio wardens. On
the election of way-wardeps, the powers of the present
highway officers shall cease, and they shall, within a
certain time, lay before the magistrates in petty sessions,
a statement of accounts, and shall hand over to the way-
wardens all monies and other property which they hold by
virtue of their office. Parties making default, shall be
liable to the same penalties as overseers under the poor
law. Every board of way-wardens shall hold, at least,
four meetings in the course of each year, five members
to be a quorum. lhe clerk shall call a special meeting
on the requisition of five members of the board. 'At
their first meeting the board shall appoint a chairman and
vice-chairman. Subject to the approval of the enclosure
commissioners, they shall also appoint a surveyor, clerk,
and treasurer. The latter officer, Sir J. Graham stated,
will have no salary, as he will usually be the banker of
the district. The enclosure commissioners shall have
power to dismiss these officers ; but the way-wardens
only with the consent of the commissioners.

The board of way-wardens may appoint local commit-
tees, consisting of not less than three of its body, for the
management of the highways of those districts in which
the members are resident; who shall transact such busi-
ness as is delegated to them by the board. The joint
expense of the district (such as the salaries of the surveyor
and clerk) shall be borne by the various parishes and
hamlets, in proportion to the length of highway in each.
The board of way-wardens may, with the approbation of
the commissioners, consent that the total expenses shall
be distributed in the same proportion as the joint expenses;
but on the application of three-fourths of the wardens,
such an agreement may be again cancelled. Unless this
arrangement be entered into, the surveyor shall charge
each parish with the expense of its own highways ; and
the accounts shall be open at all seasonable times to the
inspection or the ratepayers. The duties of the surveyor
shall be (subject to the control of the board) to keep the
highways in good repair, to preserve an account of all
receipts and disbursements, to prepare such estimates,
reports, and returns as may be required, and to appoint
arid dismiss sub-surveyors and workmen. The clerk shall
attend all meetings of the board, keep minutes of the pro-
ceedings, &c. The treasurer shall receive for the board
the moneys paid by the overseers of the various parishes,
and shall pay cheques. Within fourteen days previous to
the general annual meeting of the board of way-wardens,
the accounts shall be audited by the poor-law auditor of
the district, who shall have the same power respecting
them, as he has respecting the accounts of the guardians
of the poor. Fourteen days' notice shall be given of the
time and place of audit, that ratepayers, if desirous, may
attend and object. At the general annual meeting of the
board of way- wardens, to be held at such time as the com-
missioners shall appoint, the surveyor, clerk, and trea-
surer, shall produce their books and papers; and the
surveyor shall produce an estimate of expenditure for the
ensuing year. On this being approved by the board, the
surveyor shall give notice to the overseer of each parish
of the amount required, which shall be collected with the
poor-rate. The poor-rate and highway-rate shall be as-
similated in all respects ; but the former shall never ex-
ceed 10d. in the pound at one time, or 2s. 6d. in the year,
without a special warrant from the enclosure commis-
sioners. The board of way-wardens shall have the same
means of enforcing payment by the overseers, as a board
of guardians. A yearly abstract of district accounts is to
be sent to the enclosure commissioners, who shall report
annually to the Home Secretary, like the poor-law com-
missioners.