HC Deb 13 June 1895 vol 34 c1053
MR. J. HEYWOOD JOHNSTONE (Sussex, Horsham)

I beg to ask the President of the Local Government Board out of what fund is a waywarden or surveyor of highways to be paid any balance due to him at the date of the transfer of the liabilities of the highway authority to the district council of a rural district; and can he make a highway rate for the purpose, and will such rate require allowance by justices; or can the parish council (or parish meeting in a parish where there is no parish council) include the payment of such balance in the expenses to be paid out of the Poor's Rate under Section 11 (4) of The Local Government Act, 1894; or is such balance a liability transferred to the district council under Section 25 (1), and to be defrayed as part of the general expenses of the council under Section 29 (a).


Where the powers of a highway authority are transferred to a rural district council, it appears to the Local Government Board that the rural district council may discharge any liabilities legally incurred by the highway authority. A waywarden or surveyor of highways would have no authority to levy a highway rate for the purpose mentioned in the question, and Section 11 (4) of the Local Government Act of 1894 would not apply to the case.


I beg to ask whether the district council will defray this liability out of general funds or out of a special rate levied on the highway districts?


That is rather a difficult point. I think an adjustment may be necessary under Section 68 of the Act.