Highway Act 1835

CXI Expences for defending Prosecutions agreed upon at a Vestry Meeting, how to be paid.

And be it further enacted, That if the Inhabitants of any Parish shall agree at a Vestry to defend any Indictment found against any such Parish, or to appeal against any Order made by or Proceeding of any Justice of the Peace in the Execution of any Powers given by this Act, or to defend any Appeal, it shall and may be lawful for the Surveyor of such Parish to charge in his Account the reasonable Expences incurred in defending such Prosecution, or prosecuting or defending such Appeal, after the same shall have been agreed to by such Inhabitants at a Vestry or public Meeting as aforesaid, and allowed by Two Justices of the Peace within the Division where such Highway shall be ; which Expences, when so agreed to or allowed, shall be paid by suck Parish out of the Fines, Forfeitures, Payments, and Rates authorized to be collected and raised by virtue of this Act: Provided nevertheless, that if the Money so collected and raised is not sufficient to defray the Expences of repairing the Highways in the said Parish, as well as of defending such Prosecution, or prosecuting or defending such Appeal as aforesaid, the said Surveyor is hereby authorized to make, collect, and levy an additional Rate in the same Manner as the Rate by this Act is authorized to be made for the Repair of the Highway.