Exemption from Tolls of Waggons, &c., now exempt under any General or Local Act. 10. All waggons, wains, carts, or carriages, as hereinbefore described, drawn by any locomotive, and loaded with any materials such as are now exempt from toll under the provisions of any general or local Act (g) shall be entitled to the same exemption as they would be if drawn by animal power. 11. Limit of Speed of Locomotives on public Highways, &c. (r) Provisions of General Acts relating to Turnpike Roads to apply to Locomotives. 12. All the clauses and provisions of any general or local Acts relating to turnpike roads or highways (8) shall, so far as the same are not expressly altered or repealed by or are not inconsistent with the provisions of this Act, apply to all locomotives propelled by other than animal power, and to all waggons, wains, carts, and carriages of any other description drawn by such locomotive, and to the owners, drivers, and attendants thereof, in like manner as if drawn by animal power: provided always, that the weight of every locomotive, and the name of the owner or owners thereof, shall be conspicuously and legibly affixed thereon (t); and any owner not having affixed such weight and such (q) As to the exemption of waggons, &c., carrying manure (other than lime), and materials for the repair of highways, or agricultural produce, see note (k) to 25 & 26 Vict. c. 61, s. 37, ante, p. 115. Lime is exempted from toll in certain cases by 4 Geo. 1V., c. 16, s. 1, and 3 & 4 Vict. c. 51, and under 13 & 14 Vict. c. 79, s. 3, turnpike trustees may take off tolls on lime. (r) This section is repealed by 28 & 29 Vict. c. 83, s. 2, and other provisions limiting the speed of locomotives are made by s. 4 of that Act, post, p. 238. (8) For a list of the general Acts relating to turnpike roads now in force, see, post, p. 257; for the general Acts relating to highways, see Glen's "Law of Highways." (t) It is required by s. 7 of the Locomotives Act, 1865, post, p. 240, that the name and residence of the owner of every locomotive shall be affixed thereto in a conspicuous manner, under a penalty of £2. By s. 76 of the Highway Act, 1835 (5 & 6 Wm. IV., c. 50), "the name shall, upon conviction thereof before two justices, forfeit any sum not exceeding five pounds; and any owner who shall fraudulently affix thereon any incorrect weight shall, upon conviction thereof, forfeit any sum not exceeding ten pounds. Right of Action in case of Nuisance. 13. Nothing in this Act contained shall authorize any person to use upon a highway a locomotive engine which shall be so constructed or used as to cause a public or private nuisance; and every such person so using such engine shall, notwithstanding this Act, be liable to an indictment or action, as the case may be, for such use, where, but for the passing of this Act, such indictment or action could be maintained. (u) Short Title. 14. This Act may be cited as the "Locomotive Act, 1861." (v) 15. Extent of Act. (w) owner of every waggon, cart, or other such carriage shall paint or cause to be painted in one or more straight line or lines, upon some conspicuous part of the right or off-side of his waggon, cart, or other such carriage, or upon the off-side shafts thereof, before the same shall be used on any highway, his christian name and surname, or the style and title by which he is commonly designated, and the place of his trade or abode, or the christian and surname, and place of trade or abode of a partner or owner thereof, at full length, in large legible letters, white upon black, or black upon white, not less than one inch in height, and continue the same thereupon so long as such waggon, cart, or other such carriage shall be used upon any highway," under a penalty not exceeding forty shillings; and by s. 15 of the General Turnpike Act (4 Geo. IV., c. 95), a similiar provision is made with respect to turnpike roads. (u) A provision, similiar in effect, in contained in 28 & 29 Vict. c. 83, s. 12, post, p. 243; see also the note to that section. (v) It is incorporated with the Locomotives Act, 1865, and amended by the Highways and Locomotives (Amendment) Act, 1878, post. (w) This section, which applied the Act to Great Britain only, is repealed by 28 & 29 Vict. c. 83, s. 2, post, p. 237, and both Acts now extend to Ireland as well as to Great Britain. The Amending Act of 1878 (41 & 42 Vict. c. 77), however, applies only to England and Wales. THE LOCOMOTIVES ACT, 1865. 28 & 29 VICT. CAP. 83. AN ACT FOR FURTHER REGULATING THE USE OF LOCOMOTIVES WHEREAS by the "Locomotive Act, 1861," certain provision was made for regulating the use of locomotives on turnpike and other roads, and it is expedient that further and fuller provision should be made for that object : Be it therefore enacted by the Queen'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: Commencement of Act. 1. This Act shall not come into operation till the first day of September one thousand eight hundred and sixtyfive, which day is hereinafter referred to as the commencement of the Act, and shall cease and determine on the first of September one thousand eight hundred and sixty-seven. (a) Certain Sections of 24 & 25 Vict. c. 70, repealed. 2. After the commencement of this Act, and so long as the same shall continue in force, (b) the fifth, ninth, (a) The Act has from time to time been continued by various Acts of Parliament, the last of which, the Expiring Laws Continuance Act, 1878 (41 & 42 Vict. c. 70) continues it to the 31st December, 1879. (b) See the preceding section and note. eleventh, and fifteenth sections of the said recited Act, and all orders made in pursuance of the said fifth section, (c) are hereby repealed. Rules for the Manner of working Locomotives on Turnpike Roads and Highways as herein stated. 3. Every locomotive propelled by steam or any other than animal power on any turnpike road or public highway shall be worked according to the following rules and regulations: (d) viz., Firstly, at least three persons shall be employed to drive or conduct such locomotive, and if more than two waggons or carriages he attached thereto, an additional person shall be employed, who shall take charge of such waggons or carriages: Secondly, one of such persons, while any locomotive is in motion, shall precede such locomotive on foot by not less than sixty yards, and shall carry a red flag constantly displayed, and shall warn the riders and drivers of horses of the approach of such locomotives, and shall signal the driver thereof when it shall be necessary to stop, and shall assist horses, and carriages drawn by horses, passing the same. (e) Thirdly, the drivers of such locomotives shall give as much space as possible for the passing of other traffic: Fourthly, the whistle of such locomotive shall not be sounded for any purpose whatever: nor shall the (c) See note (k), ante, p. 231. (d) Byelaws for regulating the use of locomotives upon highways, for preventing the use of them on bridges in certain cases, and for determining the hours during which they are not to pass along highways, may be made by the Corporation of the City of London, the Metropolitan Board of Works, the council of any borough having a separate Court of Quarter Sessions, and the county authority of any county, under 41 & 42 Vict. c. 77, s. 31, post, p. 250; a county authority may also make byelaws under s. 32 of the same Act requiring locomotives to be licensed, and byelaws under s. 26, ante, p. 212, for regulating the use of waggons, &c., drawn by animal power. (e) This paragraph is repealed, so far as relates to England, by 41 & 42 Vict. c. 77, s. 29, post, and the following is substituted for it: "Secondly, one of such persons, while the locomotive is in motion, shall precede by at least twenty yards the locomotive on foot, and shall in case of need assist horses, and carriages drawn by horses, passing the same." cylinder taps be opened within sight of any person riding, driving, leading or in charge of a horse upon the road; nor shall the steam be allowed to attain a pressure such as to exceed the limit fixed by the safety valve, so that no steam shall blow off when the locomotive is upon the road: Fifthly, every such locomotive shall be instantly stopped on the person preceding the same, or any other person with a horse or carriage drawn by a horse, putting up his hand as a signal to require such locomotive to be stopped: Sixthly, any person in charge of any such locomotive shall provide two efficient lights, to be affixed conspicuously, one at each side on the front of the same, between the hours of one hour after sunset and one hour before sunrise. (f) Penalty on Non-compliance with Rules. In the event of a non-compliance with any of the provisions of this section, the owner of the locomotive shall, on summary conviction thereof before two justices, be liable to a penalty not exceeding ten pounds; but it shall be lawful for such owner on proving that he has incurred such penalty by reason of the negligence or wilful default of any person in charge of or in attendance on such locomotive, to recover summarily from such person the whole or any part of the penalty he may have incurred as owner. Limit of speed of Locomotives on Turnpike Roads and Highways. 4. Subject and without prejudice to the regulations hereinafter authorized to be made by local authorities (g) it shall not be lawful to drive any such locomotive along (f) The hours during which locomotives may be used on highways may be limited by byelaws made under 41 & 42 Vict. c. 77, s. 31, post, p. 250. (g) Section 8, post, which authorized the making of the regulations here-mentioned is now repealed by 41 & 42 Vict. c. 77, s. 31, and in lieu thereof power is given to certain authorities to make byelaws as to the use of locomotives within their respective jurisdictions. |