Now by sect. 16 of the Motor Car Act, 1903, both that Act and the principal Act, 1896, apply to persons in the public service of the Crown.

Any breach of the rules or regulations as to the carrying of lights is punishable by fine on summary conviction under sect. 7.

3. Every light locomotive shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage.

The Motor Cars (Use and Construction) Order, 1904, Art. IV. (5), provides a supplement to this section.

ART. IV. Every person driving or in charge of a motor car when used on any highway shall comply with the regulations hereinafter set forth, namely:

(5.) He shall, whenever necessary, by sounding the bell or other instrument required by sect. 3 of the Act, give audible and sufficient warning of the approach or position of the motor car.

This last clause (5) of the regulations differs considerably from the section (sect. 85 (b)) of the Local Government Act, 1888, which relates to bicycles, tricycles, velocipedes, and other similar vehicles. By that Act such vehicles are required to, "by sounding a bell or whistle or otherwise, give audible and sufficient warning of the approach of the carriage." Those words seem wide enough to embrace a warning by word of mouth; but it must be remembered that, where the words "or otherwise " occur in Acts of Parliament, the tendency of the Courts is to construe them as though the means to be used are ejusdem generis, or of some such similar means as previously described in the Act. In the Act now under review the light locomotive is definitely required, however, to carry a bell or other instrument," these words being much narrower than those in the Local Government Act of 1888, and no doubt light locomotives must carry some instrument capable of giving both audible and sufficient warning to all persons, animals, or vehicles upon the highway.

By sub-section (b) of sect. 85 of the Local Government Act, 1888, in the case of bicycles, tricycles, velocipedes, and other similar vehicles, the following regulations as to the use of a bell or whistle are to be followed:

"Upon overtaking any cart or carriage, or any horse, mule, or other beast of burden, or any foot passenger, being on or proceeding along the carriage way, every such person shall, within a reasonable distance from and

before passing such cart or carriage, horse, mule, or other beast of burden, or such foot passenger, by sounding a bell or whistle, or otherwise, give audible and sufficient warning of the approach of the carriage." (Sub-sect. 2.) Penalty for breach of regulations 40s. (not exceeding).

The effect of sect. 1, sub-sect. (1) (b), of the Act of 1896 is to provide regulations in addition to, and not in qualification of, any regulations duly made under any Act dealing with vehicles of a particular class.

Thus, it must be remembered that the penalty under the Local Government Act, 1888, for a breach of the regulations as to cycles is only 40s., yet under this Act the penalty is one not exceeding 101. (e).

In cases of personal injury being caused by any motor car, the question of bell or no bell will always have a most important bearing, as negligence in not carrying, or failure to use a bell when carried, would go a long way towards satisfying any Court of the liability of the owner of the motor car to indemnify the person injured, or the owner of property injured, whether cattle or goods, for the result of such negligence.

4. Section 4, and the regulations issued thereunder, have been repealed by sect. 9 of the Motor Car Act of 1903. The question of the speed of motor cars is dealt with under the latter section and under sect. 1 of the Act of 1903 (ƒ).

5. The keeping and use of petroleum, or of any other inflammable liquid or fuel for the purpose of light locomotives, shall be subject to regulations made by the Secretary of State, and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.

The use of petroleum and other inflammable liquid or fuel will still be subject to the Petroleum Acts. The regulations of the Home Secretary are framed for the purpose of limiting and regulating the mode of user or storing of petroleum, &c. The Petroleum Acts will still apply, save in so far as the new regulations affect the keeping or use of petroleum for the purpose of light locomotives, and are inconsistent with the Petroleum Acts.

(e) 59 & 60 Vict. c. 36, s. 7.

(f) See pp. 39 and 71.

The following are the regulations issued by the Home Secretary, and dated 18th March, 1903, together with the following note from the Home Office :

In promulgating the following regulations relating to the keeping, conveyance, and use of petroleum in connection with light locomotives, the Secretary of State for the Home Department desires to call public attention to the dangers that may arise from the careless use of the more volatile descriptions of petroleum, commonly known as petroleum spirit. Not only is the vapour therefrom, which is given off at ordinary temperatures, capable of being easily ignited, but it is also capable, when mixed with air, of forming an explosive mixture. It is therefore necessary, in dealing with and handling the spirit, to take strict precautions by the employment of thoroughly sound and properly closed vessels, and by avoiding the use of naked lights in dangerous proximity, to prevent leakage of the spirit and the contact of any form of artificial light with the highly inflammable vapour which it is always evolving.

REGULATIONS.

By virtue of the powers conferred on me by the fifth section of the Locomotives on Highways Act, 1896, I hereby make the following regulations for the keeping and use of petroleum for the purposes of light locomotives.

In these regulations the expression "petroleum spirit" shall mean the petroleum to which the Petroleum Acts, 1871 and 1879, apply, provided that when any petroleum other than that to which the said Petroleum Acts apply, is on or in any light locomotive, or is being conveyed or kept in any place on or in which there is also present any petroleum spirit as above defined, the whole of such petroleum shall be deemed to be petroleum spirit.

In these regulations the expression "storehouse" shall mean any room, building, coachhouse, lean-to, or other place in which petroleum spirit for the purposes of light locomotives is kept in pursuance of these regulations.

1. The following shall be exempt from licence under the Petroleum Act, 1871, namely:

(a) Petroleum spirit which is kept for the purpose of, or is

being used on, light locomotives when kept or used in conformity with these regulations.

(b) Petroleum spirit which is kept for the purpose of, or is being used on, light locomotives by, or by authority of, one of His Majesty's Principal Secretaries of State, the Admiralty, or other department of the Government, and which is subject to special regulations.

2. These regulations shall apply to petroleum spirit which is kept for the purpose of, or is being used on, light locomotives, and for which (save as hereinafter provided) no licence has been granted by the Local Authority under the Petroleum Act, 1871, and shall not apply to petroleum spirit which is kept for sale, or partly for sale and partly for use on light locomotives, and which must be kept in accordance with the provisions of the Petroleum Acts as heretofore (g).

3. Where for any special reason a person keeping petroleum spirit for the purpose of light locomotives applies for a licence under the Petroleum Act, 1871, and the local authority see fit to grant such licence, such petroleum spirit shall be subject only to Regulations 8 to 13, and the conditions of such licence, in so far as the said conditions are not contrary to the said Regulations 8 to 13.

The Petroleum Acts, 1871 and 1879.

Petroleum in the Act of 1871, as amended by the Act of 1879, is defined to be or include (h) any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any products of petroleum, or of the above-mentioned oils. The petroleum to which the Petroleum Acts apply means such petroleum as, when tested in the manner described in the schedule to the Act of 1879, gives off an inflammable vapour at a temperature less than seventy-three degrees of Fahrenheit's thermometer.

The regulations under the Petroleum Act, 1871, as to the mode in which the petroleum is to be kept, used, or conveyed, are more stringent than those prescribed by the regulations.

Sects. 4 and 5 of the Act of 1871 deal with the mode in which petroleum is to be carried on board ship, subject to bye-laws to be issued by the Board of Trade (i).

Sect. 6 provides that where any petroleum is kept—

(a) at any place, except for seven days after importation;

(g) These regulations are in addition to, and not in diminution of, the rules as to keeping and storing of petroleum under the Petroleum Acts, and apply only to petroleum to be used for motor cars.

(h) 34 & 35 Vict. c. 105, s. 3, and 42 & 43 Vict. c. 47, s. 2. (i) See Board of Trade Regulations.

(b) is conveyed by land or water between any two places in the United Kingdom;

(c) is sold or exposed for sale;

the vessel containing it shall have a label attached containing a description of the petroleum, and also the words "highly inflammable" thereon, together with the addition—

(a) where a vessel is kept, of the name and address of the consignee as owner:

(b) where a vessel is sent or conveyed, of the name and address of the sender:

(c) In the case of sale or exposure for sale, of the name and

address of the vendor.

The penalty for breach of any of the above conditions or rules is forfeiture of the vessel and contents, and a fine not exceeding 51.

Sect. 7 provides that petroleum shall only be stored in pursuance of a licence to be granted by a local authority (see sect. 8), except where

(1) It is kept in separate glass, earthenware, or metal vessels, each containing not more than one pint, and securely stoppered;

(2) The aggregate amount, assuming all the vessels to be in bulk, does not exceed three gallons.

The penalty for storing petroleum without a licence under this section (7) is not to exceed 207. a day for the period during which it is so stored. The two sub-sections are intended to enable private consumers to keep small quantities stored without any licence.

Sect. 8 gives the definition of the local authorities, referred to in the previous section, upon whom power to grant licences under the Act is conferred.

(1) City of London; the Court of the Lord Mayor and Alder

men;

(2) Metropolis; under the Act the Board of Works: power is now transferred to the County Council (k);

(3) Municipal Boroughs; the Mayor, Aldermen, and Burgesses in Council;

(4) Any town or place within jurisdiction of Trustees or Improvement Commissioners; the Trustees or Improvement Commissioners; District Councils now have these powers transferred to them (7);

(5) In any other place in England within the jurisdiction of a local board; the local board: District Councils now have these powers transferred to them (1);

(6) and (7) relate to Scotland;

(k) Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 40 (8).

(1) See Local Government Act, 1894 (56 & 57 Vict. c. 73), ss. 21, 25. See also Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 6.