By the 54 Geo. 3, c. 9, s. 1, overseers of the poor are to be appointed on the 25th March, or within fourteen days after it; by the 5 and 6 Wm. 4, c. 50, s. 6. surveyors for the highways are to be appointed at the same time. By the 25 and 26 Vict. c. 61, s. 10, waywardens in every parish of a highway district are to be elected in the same manner, and subject to the same regulations, as surveyors of highways were chosen or appointed before this act. By the 27 and 28 Vict. c. 101, s. 10, the first meeting of a highway board after the formation of a district under the 25 and 26 Vict. c. 61, is to be held at such time as may be appointed by the provisional or final order of justices constituting the district, ‘so that the time appointed be not more than seven days after the expiration of the time limited by law for the election of waywardens’. Held, that a final order of quarter sessions made in April, 1865 (confirming a provisional order of October, 1864), which ordered that the first meeting of the highway board to be elected for the highway district should be held on the first Thursday after the 25th of March, 1866, was good : for that the sessions were not bound to appoint a day after the expiration of the time limited by law for the election of waywardens; though, as a matter of practice, it would have been better to have postponed the day to one of the seven days after such limited time.
[1865] EngR 743, (1865) 6 B and S 892, (1865) 122 ER 1422, (1865-1866) LR 1 QB 68, [1865] UKLawRpKQB 26
Commonlii
England and Wales
Local Government
Updated: 18 December 2021; Ref: scu.281655