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Expenses and determination by county council of main roads.
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8.—(1) One half of the expenses of the maintenance of any main road shall be levied off the administrative county, and the other half off the county districts in which the road is situate.
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(2) Every road the expense of the maintenance of which at the passing of this Act is levied partly or wholly off the county at large shall be a main road until it ceases so to be as hereinafter provided, and the enactments respecting mail roads shall be repealed.
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(3) The council of each county may, upon the report of the county surveyor, make a general declaration declaring what roads in the county shall be main roads, and any road not mentioned in such declaration shall cease to be a main road; and at any time after the end of five years, the council may, if they think fit, reconsider the declaration and make a new declaration, and so on at intervals of not less than five years.
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(4) The county council may declare a proposed new road to be a main road, subject to reconsideration at any time at which the council reconsider any general declaration, and the cost of and incidental to the making of such road shall be levied in like manner as its maintenance.
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(5) A declaration, whether a general declaration or a declaration respecting a new road, shall at first be a provisional declaration, and shall be communicated by the county council to each district council in the county in the prescribed manner.
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(6) After the prescribed time, and after considering any representations which may meantime have been submitted either by any district council or by any person or persons claiming to be interested, the county council shall take the said provisional declaration into consideration, and may adopt the same, either in its original form or after modifying it either by way of exclusion or inclusion of roads.
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(7) The declaration, unless suspended as herein-after mentioned, shall come into operation at the date of its final adoption, or any later date specified in the declaration.
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(8) The county council shall forthwith communicate a declaration as finally adopted to every district council in the county; and any such district council, if aggrieved by the declaration or by the omission therefrom of any road, may, within the prescribed time, appeal to the Local Government Board, and that Board, after communication with the county council, may dismiss the appeal, or make any declaration which the county council could have made, and that declaration shall operate as a declaration by the council.
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(9) In the event of such an appeal, the declaration shall be suspended while the appeal is pending. A county council may also suspend a declaration as regards a portion of an old road situate in any county district, until the council of the district have proposed the expenditure of sufficient money for placing that portion in proper repair and condition to the satisfaction of the county council.
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(10) A declaration, suspended while an appeal is pending, which afterwards becomes operative, shall operate as from the date when originally made, or any later date which may be fixed by the Local Government Board on the appeal.
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(11) This section shall apply to so much of any main or other road as is situate within an urban county district.
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(12) Nothing in this section shall be held to prevent the whole or a greater proportion than one-half off the expenses of the maintenance of any road heretofore leviable wholly off the county at large, or of the expenses of the maintenance or construction of any bridge, from being levied off the county at large.
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