or otherwise howsoever than out of a highway rate or other general rate, shall, for the purposes of the Highway Acts, be deemed to be a place separately maintaining its own highways. (t) Where part of a parish is treated as forming part of a local government or other urban sanitary district for all purposes connected with the repair of highways and the payment of highway rates, but for no other purpose, such part shall, for the purposes of the Highway Acts, 1862 and 1864, be deemed to be a place separately maintaining its own highways, and capable of being included in a highway district; and where the highways of one part of a parish are, in pursuance of a private Act of Parliament, repairable out of a different rate from that out of which the highways of the other part are repairable, each of such parts shall, for the purposes of the Highway Acts, he deemed to be a place separately maintaining its own highways. (u) The expressions "highway district" and "Highway Board" shall refer only to highway districts formed and Highway Boards constituted in pursuance of the Highway Acts, 1862 and 1864. (v) "Highway authority means as respects an urban sanitary district not being a borough having a separate court of quarter sessions, the urban sanitary authority, and as respects a highway district the Highway Board, and as respects a highway parish the surveyor or surveyors or other officers performing similar duties. (w) The following areas shall be deemed to be "highway areas," viz., (1.) Urban sanitary districts as defined below: (2.) Highway districts: (3.) Highway parishes not included within any highway district or any urban sanitary district. (x) "Highway rate" shall include any rate, whether poor rate or not, out of the produce of which moneys are payable in satisfaction of precepts of a Highway Board. (y) Rural sanitary district" and "rural sanitary authority" mean respectively the districts and authorities de 66 (t) 27 & 28 Vict c. 101, s. 5. and 38 & 39 Vict. c. 55, s. 216. clared to be rural sanitary districts and authorities by the Public Health Act, 1875: (z) "Urban sanitary district" and "urban sanitary authority" mean respectively the districts and authorities declared to be urban sanitary districts and authorities by the Public Health Act, 1875, except that for the purposes of the Act of 1878 no borough having a separate court of quarter sessions, and no part of any such borough, shall be deemed to be or to be included in any such district, and where part of a parish is included in such district for the purpose only of the repairs of the highways, such part shall be deemed to be included in the district for the purposes of the last-mentioned Act. (a) "Person" includes a body of persons corporate or unincorporate. (a) Construction of Highway Acts. The following regulations shall be observed with respect to the construction of the principal Act (the Highway Act, 1835) and the Highway Act, 1862. The latter Act shall be construed as one with the principal Act so far as is consistent with its provisions. The ninth section of the principal Act, whereby it is enacted that a surveyor may be appointed by the inhabitants of a parish with a salary, shall not apply to any parish within any district formed under the latter Act. The tenth section of the principal Act, whereby it is enacted that the surveyor or surveyors at the time of passing his or their accounts shall deliver to the justices a statement in writing of the name and residence of the person or persons appointed to succeed him or them as a surveyor or surveyors, shall not apply to any parish within any district formed under the latter Act. The thirteenth, fourteenth, fifteenth, sixteenth, and seventeenth sections of the principal Act, providing for the formation of parishes into districts, and the eighteenth and nineteenth sections of the principal Act, providing for the appointment of a Board in large parishes, shall not apply to any parish within any district formed under the latter Act. The penalty imposed by s. 20 of the (z) 41 & 42 Vict. c. 77, s. 38. (a) Ibid. principal Act on the surveyor for neglect of duty shall not apply to a Highway Board constituted under the latter Act. (b) The thirty-fifth section of the principal Act, whereby it is provided that the ratepayers of any parish may divide amongst themselves the carriage of materials for the repair of the highways, shall not apply to any parish within any district formed under the latter Act. The thirtyninth, fortieth, forty-third, forty-fourth, and forty-fifth sections of the principal Act relating to the accounts of surveyors shall not apply to the Highway Board of any district formed under the latter Act. (c) (b) 25 & 26 Vict. c. 61, s. 42. (c) Ibid. F 3 PART II. THE LOCOMOTIVE ACTS, 1861 To 1878. 1. PRELIMINARY. Continuance and Extent of the Locomotive Acts. The use of locomotives on turnpike and other roads is regulated by the Locomotive Act, 1861, and the Locomotive Act, 1865, which are to be construed together as one Act (d), and by the Highways and Locomotives (Amendment) Act, 1878. The first Act came into operation on the day of its passing, and the latter on the 1st of September, 1865, which day is referred to as the commencement of the Act, and they are at present continued in force to the 31st of December, 1879. The Locomotive Act, 1861, applied to Great Britain only; but section 15 of that Act having been repealed by the amending Act, both Acts now apply to Great Britain and Ireland. (e) The Act of 1878, however, does not extend to Scotland or Ireland. (ƒ) 66 Definitions. County" shall include any division of a county that has a separate county treasurer, and any riding or other division having a separate court of quarter sessions; and every liberty not being assessable to the county rate of the county or counties within which it is locally situate shall be deemed to be a separate county; but the word county" shall not include a 'county of a city" or a county of a town." The liberty of St. Albans shall be considered a county; but, except as above mentioned, all 66 tr (d) 28 & 29 Vict. c. 83, s. 13. 66 (e) 24 & 25 Vict. c. 70, s. 15. (f) 41 & 42 Vict. c. 77, s. 2. 67 liberties and franchises, other than boroughs subject to the Municipal Corporation Acts, shall be considered as forming part of that county by which they are surrounded, or if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary. (g) "County authority" means the justices of a county in general or quarter sessions assembled. (h) "The metropolis" means the parishes and places mentioned in Schedules A, B, C of the Metropolis Management Act, 1855, and any parishes to which that Act may be extended: it includes the city of London and its liberties. (h) "Locomotive means a locomotive propelled by steam, or by other than animal power. 2. CONSTRUCTION AND WEIGHT OF LOCOMOTIVES. In England it shall not be lawful to use on any turnpike road or highway a locomotive constructed otherwise than in accordance with the following provisions; (that is to say,) (1.) A locomotive not drawing any carriage, and not exceeding in weight three tons, shall have the tires of the wheels thereof not less than three inches in width, with an additional inch for every ton or fraction of a ton above the first three tons; and (2.) A locomotive drawing any waggon or carriage shall have the tires of the driving wheels thereof not less than two inches in width for every ton in weight of the locomotive, unless the diameter of such wheels shall exceed five feet, when the width of the tires may be reduced in the same proportion as the diameter of the wheels is increased, but in such case the width of such tires shall not be less than fourteen inches; and (3.) A locomotive shall not exceed nine feet in width (9) 25 & 26 Vict. c. 61, s. 2; 27 & 28 Vict. c. 101, s. 3; and 41 & 42 Vict. c. 77, s. 38. (h) 41 & 42 Vict. c. 77, s. 38. |