The subsection further provides that the expenses of a [county] council in so L.G. B. Circular, hiring land or contributing may be defrayed in the same manner as expenses of 11th Sept., 1903. purchasing, and the payment of those expenses, so far as they are in the nature

of capital expenses, is accordingly made a purpose for which the council may

borrow.

Again, under the provisions of section 1 (I) of the Military Lands Act, 1900 (63 & 64 Vict. c. 56) a [county] council holding land on behalf of one or more volunteer corps under section 1 (3) of the Act of 1892, are empowered to lease the land or any part of it to any such volunteer corps for military purposes for a period not exceeding 99 years. If the volunteer corps is disbanded, or the land ceases to be used for military purposes, section 1 (3) of the Act of 1900 provides that the lease is to vest in the Secretary of State subject to the repayment of any money borrowed on the security of the lease, and not already repaid.

The effect of subsection (2) of section I of the new Act is to make these provisions applicable in the case of land which may be hired by a [county] council under the powers conferred by the Act.

Section 1 (3) will enable land belonging to the Crown, or to the Duchy of Cornwall or the Duchy of Lancaster, or held for the public service, or forming portions of such royal parks, gardens, and possessions as are under the management of the Commissioners of Works, as well as land held for ecclesiastical or public purposes, to be leased to a [county] council for the purposes of the Act in the same way as such land may be leased for military purposes to a Secretary of State or a volunteer corps under sections 10 and 11 of the Military Lands Act, 1892.

The present Act is to be construed as one with the Military Lands Acts, 1892 to 1900 (section 2). Thus, the Act will apply in the case of a yeomanry corps as if it were a volunteer corps, and the definition of the expression "military purposes" given in the Act of 1892 will apply. The expression as there defined includes rifle or artillery practice, the building and enlarging of barracks and camps, the erection of butts, targets, batteries, and other accommodation, the storing of arms, military drill, and any other purpose connected with military matters approved by the Secretary of State (sections 19 and 23 of the Military Lands Act, 1892).

Reckless driving.

An Act to amend the Locomotives on Highways Act, 1896. [14th August, 1903.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

Notes. This Act came into operation on 1st January, 1904 (s. 20 (2)), and continues in force till 31st December, 1906, and no longer unless Parliament otherwise determine (s. 21).

It amends in many ways the Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36) in the Act referred to as the principal Act (s. 7 (1) post), and in particular enacts that "the provisions of this Act and of the principal Act shall apply in the case of a roadway to which the public are granted access in the same manner as they apply in the case of a public highway (s. 20 (1)).

An explanatory circular of the Local Government Board follows.

Sect. 1. (1) If any person drives a motor car on a public highway recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the highway, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, on the highway, that person shall be guilty of an offence under this Act.

Notes.--The provisions of the Act apply in the case of a roadway to which the public are granted access in the same manner as they apply in the case of a public highway (s. 20 (1) ).

As to what is a "motor car," see section 20 (1) post and Note thereon.

The terms of section I (1) are in conformity with the decisions on Article IV. (1) of the Light Locomotives on Highways Order, 1896, made under section 6 of the Locomotives on Highways Act, 1896, which prohibited a light locomotive being driven on a highway "at any speed greater than is reasonable and proper having regard to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers." held that the words "traffic on the highway" were not restricted to traffic in the immediate vicinity of the motor and that it was not necessary to show that any particular traffic was interrupted, interfered with, incommoded or affectedSmith v. Boon (1901) (84 L. T. 593; 49 W. R. 480; 65 J. P. 486; 17 T. L. R.

It was

3 Edw. 7, c. 36, S. I (1).

472); and that as regards "the common danger of passengers" it was not necessary to show that there were any passengers on the highway at the time who were in danger-Mayhew v. Sutton (1901) (71 L. J. K. B. 46; 86 L. T. 18; 50 W. R. Reckless driving. 216; 18 T. L. R. 52).

As to fines for offences under the Act, see section 11.

By section 9 post a motor car must not under any circumstances be driven at a speed exceeding 20 miles per hour and within any limits or place referred to in regulations made by the Local Government Board on the application of a local authority at a speed exceeding 10 miles per hour.

(2) Any police constable may apprehend without warrant the driver of any car who commits an offence under this section within his view, if he refuses to give his name and address or produce his licence on demand, or if the motor car does not bear the mark or marks of identification.

Note.-"Driver" no doubt means the person who at any time is driving a motor car-see preceding subsection. A person who forges or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person any mark for identifying a car or any licence is guilty of an offence under the Act (s. 5).

(3) If the driver of any car who commits an offence under this section refuses to give his name or address, or gives a false name or address, he shall be guilty of an offence under this Act, and it shall be the duty of the owner of the car, if required, to give any information which it is within his power to give, and which may lead to the identification and apprehension of the driver, and if the owner fails to do so he also shall be guilty of an offence under this Act.

Note.-As to fines for offences under this Act, see section II.

motor cars.

Sect. 2. (1) Every motor car shall be registered with the Registration of -council of a county or county borough, and every such council shall assign a separate number to every car registered with them.

Notes. As to the meaning of "motor car" see section 20 (1) post and Note thereon. It does not in this section include a vehicle drawn by a motor car (s. 20 (1)).

A motor car can be registered with the council of any county or county borough. A driver must, however, be licensed in the county or county borough in which he resides (see section 3 (2) and Note thereon).

(2) A mark indicating the registered number of the car and the council with which the car is registered shall be fixed on the car or on a vehicle drawn by the car, or on both, in such manner as the council require in conformity with regulations of the Local Government Board made under this Act.

Note.-See Articles IX. and XI. of the Motor Car (Registration and Licensing) Order, 1903, post.

(3) A fee of twenty shillings shall be charged by the council of a county or county borough on the registration of a car, except in the case of motor cycles, for which the fee shall be five shillings.

66

Note." Motor car "is defined by section 20 (1) of this Act; but the kind of motor car to which the expression "motor cycle" is applicable is not indicated by the Act. See the observations on this matter in the circular of the Local Government Board at page 119 post.

(4) If a car is used on a public highway without being registered, or if the mark to be fixed in accordance with this Act is not so fixed, or if, being so fixed, it is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the car shall be guilty of an offence under this Act, unless, in the case of a prosecution for obscuring a mark or rendering or allowing it to become not easily distinguishable, he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or rendered not easily distinguishable.

Note. The provisions of this Act apply in the case of a roadway to which the public are granted access in the same manner as they apply in the case of a public highway (s. 20 (1)).

As to fines for offences under the Act, see section II.

Provided that

(a) A person shall not be liable to a penalty under this section if he proves that he has had no reasonable opportunity of registering the car in accordance with this section, and that the car is being driven on a highway for the purpose of being so registered; and

Note. It is to be borne in mind that a motor car can be registered in any county or county borough (s. 2 (1)).

(b) The council of any county or county borough in which the business premises of any manufacturer of, or dealer in, motor cars are situated, may, on payment of such annual fee, not exceeding three pounds, as the council require, assign to that manufacturer or dealer a general identification mark which may be used for any car on trial after completion, or on trial by an intending purchaser, and a person shall not be liable to a penalty under this section while so using the car if the mark so assigned is fixed upon the car in the manner required by the council in accordance with regulations of the Local Government Board made under this Act.

Note. See Article XII. of the Motor Car (Registration and Licensing) Order, 1903 post.

Sect. 3.(1) A person shall not drive a motor car on a public highway unless he is licensed for the purpose under this section, and a person shall not employ any person who is not so licensed to drive a motor car.

Note. This provision is aimed at both the employer and employed where the driver is not licensed; but it would only be where the relation of employer and employed existed that any person other than the person driving a motor car would be liable to a fine for contravening the provision. If for instance a mere acquaintance or friend who was not licensed were permitted to drive, he alone

would be liable to a fine.

A licence remains in force for 12 months from the date on which it is granted (s. 3 (3)). If suspended by a court under section 4 (1) (a), it is of no effect during the term of suspension (s. 4 (3) ). It is an offence fraudulently to lend or allow to be used by any other person any licence under the Act (s. 5).

The Act applies to Scotland (s. 18) and Ireland (s. 19); and a licence granted in any part of Great Britain or Ireland is available throughout the United Kingdom. If any person acts in contravention of this provision he shall be guilty of an offence under this Act.

Note. As to fines for offences under the Act, see section II.

(2) The council of a county or county borough shall grant a licence to drive a motor car to any person applying for it who resides in that county or county borough on payment of a fee of five shillings, unless the applicant is disqualified under the provisions of this Act.

Notes. No qualifications for the drivers of motor cars are prescribed by the Act, and it is obligatory upon the council to licence any person applying in accordance with the regulations made under section 7 (1) (6) of the Act for a licence, who resides in the county or county borough unless he is "disqualified under the provisions of the Act." It seems quite clear that the council have no jurisdiction or discretion to refuse a licence where the applicant, not being disqualified, has complied with all the requirements of the Act and regulationsReg. v. Middlesex County Council (1898) (15 T. L. R. 14). A licence to drive applies generally without restriction to any particular motor car or cars. But a licence to a person between 14 and 17 years of age must be limited to driving motor cycles (s. 3 (5)).

The disqualifications for obtaining a licence are:

Being under the age of 17 (except that a licence limited to driving motor cycles may be granted to a person over the age of 14 years)—(s. 3 (5)); Already holding a licence (Inid);

Suspension (during the period thereof) by a court before whom a person is convicted of an offence under the Act of the licence of such person (s. 4 (1) (a) (3));

Declaration by a court before whom a person is convicted of an offence under the Act that he shall be disqualified for obtaining a licence for such time as the court thinks fit (s. 4 (1) (a) (b) (5) ).

The regulations as to licenses are contained in Part II. of the Motor Car (Registration and Licensing) Order, 1903 (pages 127 to 147 post). Provision is made requiring a council to licence an applicant who has no residence in the United Kingdom if he is otherwise entitled to be licensed (Art. XVI.) Applications for the grant or renewal of a licence may be received and dealt with at any time within one month before the date on which the grant or renewal is to take effect (Art. XIV.)

3 Edw. 7, c. 6. S. 3 (1).

Licensing of

drivers..