breadth, nor to carry a greater weight than two tons for each pair of wheels, unless the fellies, tires. or shoes, are six inches or more in breadth; nor to carry a greater weight than three tons for each pair of wheels, unless the fellies, tires, or shoes are eight inches or more in breadth, and for every single wheel one half of that permitted to be carried on a pair of wheels; nor in any case to carry a greater weight than four tons on each pair of wheels, or two tons on each wheel; but if such waggons, wains, or other carriages are built and constructed with springs upon each axle, then they shall be allowed to carry one-sixth more weight in addition to the above-mentioned weights upon each pair of wheels.

These weights may be increased by county councils, &c., under sec. 1 (1) of 61 & 62 Vict. c. 29.

Section 1 (1) of 59 & 60 Vict. c. 36, is as follows:

(1) The enactments mentioned in the schedule to this Act, and any other -enactment restricting the use of locomotives on highways and contained in any public, general, or local and personal Act in force at the passing of this Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom, except from any temporary or accidental cause; and vehicles so exempted, whether locomotives or drawn by locomotives, are in this Act referred to as light locomotives.

Provided that

(a) The council of any county or county borough shall have power to make byelaws preventing or restricting the use of such locomotives upon any bridge within their area, where such council are satisfied that such use would be attended with damage to the bridge or danger to the public. (2) In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators, used for the purpose of propulsion, shall not be included.

Section 6 (1) of 61 and 62 Vict., c. 29, is as follows:

The counc lof a county and of any borough containing, according to the census of one thousand eight hundred and eighty-one, a population of ten thousand or upwards may by byelaws :

(a) Prohibit or restrict the use of locomotives on any specified highway in their county or borough on account of the highway being crowded or unfitted for locomotive traffic, or of the inconvenience caused to inhabitants, or of any other reasonable cause; and

(b) Regulate the use of locomotives and of waggons drawn by locomotives on any highway; and

(c) Prohibit or restrict the use of a locomotive on any specified bridge in their county or borough if they are satisfied that such bridge is unsuited for locomotive traffic, or that such use would be attended with damage to the bridge or danger to the public.

Provided that the council of any such county or borough may, where their byelaws prohibit the use of locomotives on any highway, give special authority for the use of a locomotive on the highway, if in any case it appears necessary for the purpose of the delivery of goods or for any other particular purpose. Provided also that the council of any such county or borough shall not give any such special authority for the use of a locomotive on any bridge except with the consent of the person liable to the repair of such bridge, and the council of any such county or borough may with such consent give such special authority subject to payment being made by the person applying for such special authority to the person liable to the repair of such bridge of the cost of temporarily strengthening such bridge on each occasion of such use.

This Act does not apply to Scotland or Ireland.

B.

A sapper was summoned for leaving his engine for some time, consequent on his not having a third man with him as required by the local authorities. He appeared and was fined, but as it was afterwards decided that the Crown was not liable, the fine was paid by the public.

In the eastern district the volunteers wished to use some road locomotives in connection with search-lights; the local authorities required them to take out licenses.

Decided that volunteers are not exempt from the operations of the Act unless working under military law.

The local authorities were, however, asked to waive their regulations for the benefit of the volunteers, and they consented on the understanding that it was a temporary arrangement, and the use of the locomotives was solely for an Imperial purpose.

A sapper driving a locomotive was threatened with a summons for noncompliance with the Kent County Council byelaws, by driving at more than two miles an hour, and not having a man in front of the engine.

The legal opinion was that the Crown was not liable.

It was further considered that the Crown can use public roads closed against locomotives, and at such speed as the exigencies of the service require; but when the engine is not preceded and followed by troops the rate of speed fixed by the local authorities should not be exceeded except in cases of emergency.

A sapper was summoned by the Wilts County Council for driving a road locomotive which had not been licensed for use by the council.

The defence was that the Crown was not bound by the Locomotives Acts, and the summons was dismissed.

Decided to supply War Department vehicles with lamps to meet wishes of local authorities.

Damage to Bridges by Road Locomotives.

The use of such bridges as are declared to be insufficient for such traffic will be at the risk of the War Department so far as any damage to the War Department materia! is concerned.

As regards any damage done to bridges, the War Department, if not legally, is morally liable to make the same good. The Government contribution towards the repair of roads, ordinary or special, does not cover such damage.

THE MIDWIVES ACT, 1902.

MEMORANDUM OF THE LOCAL GOVERNMENT BOARD.
Object of Act.

1. The object of this Act, which, except as otherwise provided, came into operation on the 1st of April, 1903, is to secure the better training and supervision of midwives by the establishment of a system of certification and enrolment of women who are properly qualified to act in that capacity.

Midwives Roll.

2. The Act accordingly makes provision for the institution of a roll which will contain the names of midwives certified under the Act, and for the formation and constitution of a body to be called the Centra1 Midwives Board, who, as the central authority for carrying the Act into effect, will possess jurisdiction in regard to the issue of certificates and the admission to the roll of midwives, and will exercise a general control over the practice of such persons. (Sections 3 and 6.)

3. The Central Midwives Board has been constituted and consists of the following members :

The temporary office' of the Board is at the Privy Council Office, Whitehall, S.W.

4. The Central Midwives Board are to frame rules, subject to the approval of the Privy Council, for the purposes above referred to, and they are also required (amongst other things) to publish annually a roll of midwives who have been duly certified under the Act. (Section 3.)

Definition of Midwife.

5. The term "midwife" as used in the Act is defined by section 18 as meaning a woman who is certified under the Act, unless the context otherwise requires.

Local Supervising Authorities.

6. The local supervision of midwives is entrusted to the council of every county or county borough throughout England and Wales, who by section 8 are made the local supervising authority over midwives within their respective areas.

7. The same section imposes upon each local supervising authority as thus constituted various specified duties in relation to midwives. Their first duty (section 8 (7)) will be to give due notice of the effect of the Act, so far as practicable, to persons at present using the title of midwife. It is understood that the Central Midwives Board

The office of the Board is now at 6, Suffolk Street, Pall Mall, S.W.
See pages 409 to 425 post.

contemplate the preparation of a form of notice' for the use of local authorities, which will be communicated to them, together with the rules under section 3. The council should forthwith ascertain, so far as possible, the names and addresses of all women in the county who are accustomed to hold themselves out as midwives.!

8. The other duties enjoined upon the local supervising authority by section 8, are as follows:

(1.) To exercise general supervision over all midwives practising within their area in accordance with the rules to be laid down under the Act.

(2.) To investigate charges of malpractice, negligence, or misconduct, on the part of any midwife practising within their area, and should a primâ facie case be established, to report the same to the Central Midwives Board.

(3.) To suspend any midwife from practice, in accordance with the rules under the Act, if such suspension appears necessary in order to prevent the spread of infection.

(4.) To report at once to the Central Midwives Board the name of any midwife practising in their area convicted of an offence. (5.) During the month of January of each year to supply the secretary of the Central Midwives Board with the names and addresses of all midwives who, during the preceding year, have notified their intention to practise within their area, and to keep a current copy of the roll of midwives, accessible at all reasonable times for public inspection.

(6.) To report at once to the Central Midwives Board the death of any midwife or any change in the name or address of any midwife in their area, so that the necessary alteration may be made in the roll.

Delegation of powers by Local Supervising Authorities.

9. The local supervising authority may delegate, with or without any restrictions or conditions as they may think fit, any powers or duties, conferred or imposed upon them by or in pursuance of the Act, to a committee appointed by them, and consisting either wholly or partly of members of the council. The provisions of sub-sections (1) and (2) of section 82 of the Local Government Act, 1888, are applied to every committee appointed under this section and to every council appointing the same, and women are made eligible to serve on any such committee. (Section 8.)

10. In addition to the general right thus conferred upon the local supervising authorities, of delegating their powers and duties under the Act to committees, the councils of counties are empowered by section 9 of the Act to delegate, with or without any restrictions or

1 See page 426 post.

conditions as they may think fit, any powers or duties, conferred or imposed upon them by or in pursuance of the Act, to any district council within the area of the county. It is provided that the powers and duties so delegated may be exercised by a committee appointed by such district council, and consisting either wholly or partly of members of the district council, and that women shall be eligible to serve on any such committee. Any expenses incurred by a district council in the execution of any powers or duties so delegated are, to an amount not exceeding such sum as may be prescribed by the county council, to be repaid to the district council as a debt by the county council, and any excess above the sum prescribed is to be borne by the district council as part of their ordinary expenses. These provisions are made applicable to the administrative county of London in like manner as if each metropolitan borough were a county district, and the borough council were the district council of that district.

Notice by Midwives.

II. Under section 10 it will be necessary for every woman who is certified as a midwife under the Act, before holding herself out as a practising midwife, or commencing to practise as a midwife in any area, to give notice in writing of her intention to do so either to the local supervising authority, or to the body to whom for the time being the powers and duties of the local supervising authority have been delegated under the Act, and she must give a like notice in the month of January in every year afterwards during which she continues to practise in the area.

12. This notice must be given to the local supervising authority of the area within which the woman in question usually resides or carries on her practice. A like notice must also be given to every other local supervising authority or delegated body within whose area the woman at any time practises or acts as a midwife, within fortyeight hours at the latest after she commences so to practise or act. 13. Every notice must contain such particulars as may be required by the rules under the Act to secure the identification of the person giving it. It will be part of the duty of the Central Midwives Board to define, by the rules which that body have to frame as above mentioned, the particulars thus required.

14. In order to insure proper notifications of practice by certified midwives, section 10 further provides that if any woman omits to give the notices in question or any of them, or knowingly or wilfully makes or causes or procures any other person to make any false statement in any such notice, she shall, on summary conviction, be liable to a fine not exceeding £5.

Prosecution of Offences.

15. In addition to the other powers and duties conferred by the