Page images
PDF
EPUB

(3.) "Arbiter" shall be substituted for "arbitrator," and that arbiter shall be deemed to be a single arbiter within the meaning of the Lands Clauses Acts, and in lieu of the provisions of the Arbitration Act, 1889, the provisions of the Lands Clauses Acts with respect to an arbitration shall apply, except the provisions of the said Acts as to the expenses of the arbitration, in lieu of which the following provision shall have effect, namely, the expenses of the arbitration and incident thereto shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses, or any part thereof, shall be paid, and may tax or settle the amount of expenses to be so paid, or any part thereof, and may award expenses to be paid as between agent and client;

(4.) The Lord President of the Court of Session shall be substituted for the Lord Chancellor ; (5.) The money necessary to defray expenditure, not being capital expenditure incurred by a county council in pursuance of this Act, shall be raised by a rate imposed along with but as a separate rate from the rate for maintenance of roads (hereinafter referred to as "the road rate ") leviable under the Roads and Bridges (Scotland) Act, 1878 (41 and 42 Vict. cap. 51), upon lands and heritages within the county, or the district, or the parish, as the case may be. The

money necessary to defray expenditure similarly incurred by a town council, or police commissioners, or burgh commissioners shall be raised by a rate imposed along with but as a separate rate from the police assessment or burgh general assessment, as the case may be. If the expenditure incurred is capital expenditure it shall be raised by borrowing in the manner authorised by the order, the rate chargeable for repayment of capital, including interest and expenses, being the same rate as is liable for maintenance as aforesaid;

(6.) The provisions relating to district councils shall apply to district committees or combinations of parish councils, subject to the following modifications

(a.) A district committee shall not be entitled to make an application under section two hereof except with the consent of the county council given at a special or statutory meeting of the council, of which one month's special notice, setting forth the purpose of the meeting, shall have been sent to each councillor,

(b.) A resolution to give such consent shall not be passed by the council unless two-thirds of the councillors present and voting at the special or statutory meeting concur in the resolution,

(c.) Nothing in this Act shall autho

rise a district committee to raise money by rate or loan, but any money necessary to defray expenditure, not being capital expenditure incurred by it in pursuance of this Act, shall be raised by the county council by a rate imposed along with but as a separate rate from the road rate; and any money necessary to defray capital expenditure shall be raised by the county council by borrowing in the manner authorised by the order, as in section sixteen hereof mentioned; (7.) The expression "Clauses Acts'

shall mean the Lands Clauses Acts, the Railway Clauses Consolidation (Scotland) Act, 1845, the Companies Clauses Consolidation (Scotland) Act, 1845, the Companies Clauses Act, 1863, the Railways Clauses Act, 1863, and the Companies Clauses Act, 1869;

(8.) References to the Local Government Act, 1888, and the Local Government Act, 1894, shall be construed as references to the Local Government (Scotland) Act, 1889 (52 & 53 Vict. cap. 50), and the Local Government (Scotland) Act, 1894 (57 & 58 Vict. cap. 58);

(9.) In order to carry out in Scotland the provisions contained in sub-section (1) (c) of section five of this Act, it shall be the duty of the assessor of railways and canals, as regards any parish to which the said sub-section (1) (c) applies, to enter on his valuation roll either the annual value of the light railway within such parish ascertained in terms of the Valuation of Lands (Scotland) Acts, or the annual value at which the land occupied by or for the purposes of the

[blocks in formation]

SECOND SCHEDULE.

ENACTMENTS RELATING TO SAFETY, &C.

Session and Chapter.

2 & 3 Vict. c. 45.

5 & 6 Vict. c. 55.

9 & 10 Vict. c. 57.

31 & 32 Vict. c. 119.

34 & 35 Vict.

c. 78.

36 & 37 Vict. c. 76.

41 & 42 Vict. c. 20.

46 & 47 Vict. c. 34.

52 & 53 Vict. c. 57.

[blocks in formation]

The Railway Regulation Act (Returns of Sections four and six. signal arrangements, working, &c.), 1873.

The Railway Returns (Continuous Brakes)

Act, 1878.

The Cheap Trains Act, 1883.

The whole Act.

Section three.

The Regulation of Railways Act, 1889.

The whole Act.

THIRD SCHEDULE.
JOINT COMMITTEES.

(a.) Any council taking part in the appointment of a joint committee may delegate to the committee any power which the council may exercise for the purpose for which the committee is appointed.

(b.) A council shall not be authorised

to delegate to a joint committee any power of making a rate or borrowing money.

(c.) Subject to the terms of the delegation the joint committee shall have the same power in all respects with respect to any matter delegated to them, as the councils appointing it or any of them.

(d.) The members of the joint com

mittee may be appointed at such times and in such manner, and shall hold office for such period, as may be fixed by the councils appointing them :

Provided that a member shall not hold office beyond the expiration of fourteen days after the day for the ordinary election of councillors of the council by which he was appointed, or in Scotland after the day for the ordinary election of councillors of the council of the county in which the district is situated. (e.) The costs of a joint committee shall be defrayed by the council, by whom the committee is appointed, in such

proportions as they may agree upon, and in the event of their differing in opinion, as may be determined by the Board of Trade on an application by either council. (f.) When any of the councils joining in the appointment of a joint committee is a county or district council other than a borough council, the accounts of the joint committee shall be audited in like manner and with the like power to the officer auditing the accounts, and with the like incidents and consequences as the accounts of a county council.

(g.) The chairman at any meeting of the committee shall have a second or casting vote.

(h.) The quorum, proceedings, and place of meeting of a committee, whether within or without the area within which the committee are to exercise their authority, shall be such as may be determined by regu lations jointly made by the councils appointing the committee, and in the event of their differing in opinion as may be determined by the Board of Trade on an application by either council.

(i.) Subject to those regulations the quorum, proceedings, and place of meeting, whether within or without the area within which the committee are to exercise their jurisdiction, shall be such as the committee direct.

ACT OF PARLIAMENT

ΤΟ

Amend the Locomotives on Highways Act, 1896.-3 Edw. 7, cap. 36.-
14th August 1903.]

Be it enacted by the King's most Ex-council require in conformity with regucellent Majesty, by and with the advice lations of the Local Government Board and consent of the Lords Spiritual and made under this Act. Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. Reckless driving.-(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.

(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.

(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.

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

(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

(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.

(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. 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

(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.

« EelmineJätka »