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Duty of county and district council to maintain works.
59 & 60 Vict. c. 54.
59 & 60 Vict. c. 54.
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82.—(1) It shall be the duty of every county and district council, according to their respective powers, to keep all public works maintainable at the cost of their county or district in good condition and repair, and to take all steps necessary for that purpose.
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(2) The council of a county, upon a proposal made by the council of a district in which any old road or public work is situate, or where the expenses of the maintenance of the road or work are levied wholly off the county then without such proposal, may, if the road or work appears to such county council to be useless, and they resolve so to do, stop up or abandon the road or work; but, if an objection by any ratepayer is lodged in the manner and within the time determined by an Order in Council under Part VI. of this Act, the said resolution shall be of no effect unless approved by the Local Government Board.
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(3) If any district council complain that a county council or any county council complain that a district council, have failed to perform any such duty as aforesaid, the complaining council may, without prejudice to any other remedy, appeal to the Local Government Board, and section fifteen of the Public Health Act, 1896, shall apply, with the necessary modifications, in like manner as where default is made by a sanitary authority.
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(4) Where a county council refuse at two successive quarterly meetings to approve of any new public work submitted by a rural district council, the cost of which is to be levied wholly off that district, or fail to execute such work, the rural district council may appeal to the Local Government Board, and if that Board consider that such new work ought to be executed, they may order the county council to execute the same, and, if the county council make default in complying with the order, section fifteen of the Public Health Act, 1896, shall apply with the necessary modifications in like manner as where default is made by a sanitary authority.
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(5) The provisions of the Grand Juries Acts with respect to memorials, other than memorials by a grand jury, shall be repealed, and the provisions of those and any other Acts with respect to traverse shall be repealed, so far as they relate to business transferred by this Act to county or district councils or the county court.
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Officers.
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