§
(Disturnpiked roads to become main roads, and half the expense of maintenance to be contributed out of county rate.)
For the purposes of this Act, any road which has within the period between the thirty-first day of December one thousand eight hundred and seventy, and the date of the passing of this Act, ceased to be a turnpike road, and any road, which being at the time of the passing of this Act a turnpike road, may afterwards cease to be such, shall be deemed to be a main road; and one half of the expenses of the maintenance of such road shall, as to every part thereof which is within the limits of any highway area, be paid by the county authority of the county in which such road is situate, out of the county rate, on the certificate of the surveyor of the county authority to the effect that such main road has been maintained to his satisfaction.
§
(Description of highway areas.)
The following areas shall be deemed to be highway areas for the purposes of this Act (that is to say):
§
(Power to declare ordinary highway to be a main road.)
Where it appears to any highway authority that any highway within their district ought to become a main road by reason of its being a medium of communication between great towns, or a thoroughfare to a railway station, or otherwise, such highway authority may apply to the county authority for a Provisional Order declaring such road, as to such parts as aforesaid, to be
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a main road; and the county authority, if of opinion that there is probable cause for the application, shall cause the road to be inspected, and, if satisfied that it ought to be a main road, shall make a Provisional Order accordingly; a copy of the order so made shall be forthwith deposited at the office of the clerk of the peace of the county, and shall be open to the inspection of persons interested at all reasonable hours; and the order so made shall not be of any validity unless and until it is confirmed by a further order of the county authority made within a period of not more than six months after the making of the Provisional Order.
§
(Power to reduce main road to status of ordinary highway.)
If it appears to a county authority that any road within their county, within the period between the thirty-first day of December one thousand eight hundred and seventy and the date of the passing of this Act ceased to be a turnpike road, ought not to become a main road in pursuance of this Act, such authority shall, before the first day of January one thousand eight hundred and seventy-nine, make an application to the Local Government Board for a Provisional Order declaring that such road ought not to become a main road.
Subject as aforesaid, where it appears to a county authority that any road within their county, which has become a main road in pursuance of this Act, ought to cease to be a main road and become an ordinary highway, such authority may apply to the Local Government Board for a Provisional Order declaring that such road has ceased to be a main road and become an ordinary highway.
The Local Government Board, if of opinion that there is probable cause for an application under this section, shall cause the road to be inspected, and if satisfied that it ought to cease to be a main road and become an ordinary highway shall make an order accordingly, to be confirmed as hereinafter mentioned.
All expenses incurred in or incidental to the making or confirmation of any order under this section shall be defrayed by the county authority applying for such order.
§
(Turnpike road in several counties.)
Where a turnpike road subject to one trust extends into divers counties, such road, for the purposes of this Act, shall be treated as a separate turnpike road in each county through which it passes.
§
(Accounts of expenses of maintenance of main roads.)
Every highway authority shall keep, in such form as may be directed by the county authority, a separate account of the expenses of the maintenance of the main roads within their area, and shall forward copies thereof to the county authority at such time or times in every year as may be required by the county authority, and the accounts so kept shall be subject to such audit as the county authority may direct.
If any highway authority makes default in complying with the provisions of this section, or with any directions given in pursuance thereof by the county authority, the county authority may withhold all or any part of the contribution
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payable by them under the Act towards the expenses of the maintenance of main roads by such highway authority for the year in which such default occurs.
§
(Highway district situate in more than one county.)
Where a highway district is situate in more than one county the provisions of this Act with respect to the expenses of the maintenance of main roads shall apply as if the portion of such district situate in each county were a separate highway district in that county.
§ Clauses agreed to, and added to the Bill.
§ Bill reported; to be printed, as amended [Bill 214]; re-committed for Friday next, at Two of the clock.