vides that steam-rollers belonging to road authorities, and used in their district, need not be registered. A proper registration plate and number is to be placed on these registered locomotives, the fee payable not exceeding half-a-crown. If a locomotive is let out at times for hire it is exempted from the necessity for a licence so long as it is solely let out on hire for agricultural purposes, such as threshing, ploughing, or the carrying of materials for use on a farm (u). The exemption is analogous to that of the exemption from tolls of a waggon carrying manure, as being "a carriage employed in conveying manure for land" (x). All proceedings for offences and fines under the Locomotive Acts are to be taken under the Summary Jurisdiction Acts, a right of appeal to the Court of Quarter Sessions being reserved by sect. 37 of the Highway and Locomotives Amendment Act, 1878. There are two special Acts dealing with the use of threshing machines which should be referred to. In 1878, an Act for the Prevention of Accidents by Threshing Machines (y) was passed, which enacts that the drum and feeding-mouth of every threshing machine (worked by any motive power other than manual labour) shall be sufficiently fenced so far as is practicable and consistent with the efficient working thereof. Any offence against the Act is punishable by a fine not exceeding 57., to be inflicted upon the owner permitting its use, the person in charge, or upon any person removing the guard or thing used as a fence. In 1894, the Locomotive Threshing Engines Act (2) was passed, which exempts such threshing machines from the restrictions placed upon the erection of steam engines, &c. (a) within twenty-five yards of any road; where such threshing machine is placed within such distance it is necessary, in order to get the benefit of the exemption, that some person shall be placed upon the road for the purpose of signalling to the threshing machine to stop, or of assisting any person in charge of a horse; it is also necessary for the driver of the threshing machine to stop when such signal is made (¿). (u) Ellis v. Hulse, 23 Q. B. D. 24; 58 L. J. M. C. 91. (x) Foster v. Tucker, L. R. 5 Q. B. 224, under stat. 5 & 6 Will. 4, c. 18, sect. 1. (y) 41 & 42 Vict. c. 12. (z) 57 & 58 Vict. c. 37. (a) Under 5 & 6 Will. 4, c. 50, sect. 70. (b) Cf. Locomotives Act, 1865 (28 & 29 Vict. c. 83), sect. 6. APPENDIX. HACKNEY CARRIAGE ACT, 1831. (1 & 2 WILL. 4, c. 22.) An Act to amend the laws relating to Hackney Carriages, and to Waggons, Carts, and Drays used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps. [22nd September, 1831.] WHEREAS it is expedient to reduce into one Act, and to alter and amend, the provisions of several Acts now in force, passed in the Parliaments of Great Britain and the United Kingdom respectively, relating to hackney carriages within the cities of London and Westminster and the suburbs thereof, and also the several parishes and places comprised within the weekly bills of mortality; and it is also expedient to place the collection of the duty upon or in respect of such hackney carriages under the care and management of the Commissioners of Stamps: And whereas it is expedient to repeal the laws relating to the registering and numbering of waggons, carts, and drays used in the metropolis, and to make other regulations in lieu thereof: Be it therefore enacted, That the several Acts Certain Acts and parts of Acts hereinafter mentioned, or so much and such part declared in and parts thereof as are now in force, shall respectively remain force until and continue in force until and upon the fifth day of January in 5th Jan. 1832, the year one thousand eight hundred and thirty-two, and shall and then refrom thenceforth respectively cease, determine, and be repealed; pealed. (that is to say,) [the Acts are enumerated, but need not be set out here]. 4. And be it enacted, That every carriage with two or more wheels Definition of which shall be used for the purpose of standing or plying for hire a hackney in any public street or road at any place within the distance of five carriage. miles from the General Post Office in the city of London, whatever may be the form or construction of such carriage, or the number of persons which the same shall be calculated to convey, or the number of horses by which the same shall be drawn, shall be deemed and taken to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise, and upon all occasions whatsoever, it shall be sufficient to describe any such carriage as aforesaid by the term "hackney carriage," without further or otherwise describing the same: Provided always, that Carriages, horses, harness, &c. liable to duties and penalties. Penalties if not paid by drivers to be levied on proprietors; who shall be entitled to recover from the drivers. nothing in this Act contained shall extend to any stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and being duly licensed by the Commissioners of Stamps for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches. 18. And be it enacted, that all carriages, horses, and harness, and other articles and things, kept, used, or employed for the purpose of being let for hire by any person to whom any such licence as aforesaid shall be granted under the provisions of this Act, shall be subject and liable to and chargeable with all the duties which shall from time to time become due and payable from or by such person for or in respect of any such licence as aforesaid granted to him, and to and with all penalties which may be imposed upon or incurred by such person under this Act, and also to and with the costs and expenses of all proceedings which shall or may be had or taken for the recovery of any such duties and penalties respectively; and all such carriages, horses, harness, and other articles and things may be distrained or otherwise seized or taken to satisfy such duties, penalties, costs, and expenses, or any part thereof respectively, in or into whose custody or possession soever such carriages, horses, harness, and other articles shall or may be or come, and by or under what right or title soever the same shall or may be held or claimed; and in case any person in or into whose custody or possession any such carriages, horses, harness, or other articles shall be or come by or under any means or title whatsoever, shall convert the same to his own use, or shall sell or dispose thereof for the use or benefit of any other person, after notice given by the Commissioners of Stamps, or their solicitor, or by any other officer of stamp duties, that such carriages, horses, harness, or other articles are subject and liable to or chargeable with any of the duties, penalties, costs, and expenses aforesaid, every person so converting or selling or disposing of such carriages, horses, harness, or other articles shall be accountable to his Majesty to the extent of the value of such carriages, horses, harness, or other articles, for the duties, penalties, costs, and expenses to or with which such carriages, horses, harness, or other articles shall be subject, liable, or chargeable, and the same may be sued for and recovered under and by virtue of this Act as a debt due to his Majesty accordingly. 27. And be it enacted, That all pecuniary penalties and costs incurred by reason of any offence committed by the driver of any hackney carriage against the provisions of this Act shall, unless such driver shall pay the same, be levied by distress and sale of the goods of the proprietor of such hackney carriage, and for want of sufficient distress such proprietor shall be committed to the common gaol or house of correction. 28. Provided always, and be it enacted, That every such proprietor who shall pay any penalty or costs incurred by reason of any such offence as aforesaid committed by such driver shall be entitled to recover the same from such driver in a summary manner; and upon complaint made in the premises before any justice of the peace by the said proprietor against the said driver, such justice shall inquire into the same, and shall cause the sum which shall appear to have been so paid as aforesaid by the said proprietor to be levied by distress and sale of the goods of the said driver; and for want of sufficient distress, such justice shall commit the said driver to the common gaol or house of correction, there to remain for any time not exceeding two calendar months, unless the said sum shall be sooner paid; and every such imprisonment shall be with or without hard labour, as such justice shall direct: Provided always, that if the said driver shall have been previously convicted of the offence for which the said penalty or costs shall be so as aforesaid paid by the said proprietor, then such proceedings shall be had and taken against the said driver upon such conviction for recovery of the penalty and costs in which he shall have been convicted as might have been had and taken thereon in case the said penalty or costs had not been paid by the said proprietor, and upon recovery thereof the sum so paid by such proprietor shall be repaid to him. 35. And be it enacted, That every hackney carriage which shall Hackney be found standing in any street or place, and having thereon any carriages of the numbered plates required by this Act to be fixed on hackney standing in carriages, shall, unless actually hired, be deemed to be plying for any street to hire, although such hackney carriage shall not be on any standing be deemed to or place usually appropriated for the purpose of hackney carriages be plying for standing or plying for hire; and the driver of every such hackney hire, and the carriage which shall not be actually hired shall be obliged and refusing to go compellable to go with any person desirous of hiring such hackney with any carriage; and upon the hearing of any complaint against the driver person liable of any such hackney carriage for any such refusal, such driver shall to a penalty be obliged to adduce evidence of having been and of being actually of 40s. hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of having been and of being so hired as aforesaid, he shall forfeit forty shillings. driver thereof summoned to carry any person. 36. Provided always, and be it enacted, That if the driver of any Compensahackney carriage shall in civil and explicit terms declare to any tion to be person desirous to hire such hackney carriage that it is actually made to hired, and shall afterwards, notwithstanding such reply, be sum- drivers moned to answer for his refusal to carry such person in his said improperly hackney carriage, and shall upon the hearing of the complaint for refusing produce sufficient evidence to prove that such hackney carriage was at the time actually and bona fide hired, and it shall not appear that he used uncivil language, or that he improperly conducted himself towards the party by whom he shall be so summoned, the justice before whom such complaint shall be heard shall order the person who shall have summoned such driver to make to him such compensation for his loss of time in attending to make his defence to such complaint as such justice shall deem reasonable, and in default of payment thereof to commit such person to prison for any time not exceeding one calendar month, unless the same shall be sooner paid. 37. And be it enacted, That it shall be lawful for the proprietor Drivers may or driver of any hackney carriage which shall be licensed under ply and shall the authority of this Act to stand and ply for hire with such be compelcarriage and to drive the same on the Lord's Day, any former Act lable to drive or Acts to the contrary notwithstanding; and that such proprietor on Sundays. or driver who shall so stand or ply for hire as aforesaid shall be liable and compellable to do the like work on the Lord's Day as such proprietor or driver is by this Act liable or compellable to do on any other day of the week. B. Persons re fusing to pay the driver his fare, or for any damage, may be committed to prison. Agreement to pay more than the legal fare not to be binding. Sum paid beyond the proper fare may be re covered back. Penalty 408. Driver not to Number of persons to be 41. And be it enacted, That if any person shall refuse or omit to pay the driver of any hackney carriage the sum justly due to him for the hire of such hackney carriage, or if any person shall deface or in any manner injure any such hackney carriage, it shall be lawful for any justice of the peace, upon complaint thereof made to him, to grant a summons, or if it shall appear to him necessary a warrant, for bringing before him or any other justice such defaulter or defender, and, upon proof of the facts made upon oath before any such justice, to award reasonable satisfaction to the party so complaining for his fare or for his damages and costs, and also a reasonable compensation for his loss of time in attending to make and establish such complaint; and upon the refusal of such defaulter or offender to pay or make such satisfaction, it shall be lawful for such justice to commit him to prison, there to remain for any time not exceeding one calendar month, unless the amount of such satisfaction shall be sooner paid; and it shall also be lawful for such justice, if he shall think fit, to order such defaulter or offender to be kept to hard labour during such imprisonment. 43. And be it enacted, That no agreement whatever made with the driver of any hackney carriage for the payment of more than his proper fare, as the same is allowed and limited by this Act, shall be binding on the person making the same, but that any such person may, notwithstanding any such agreement, refuse, on discharging such hackney carriage, the payment of any sum beyond the proper fare as allowed and limited as aforesaid; and in case any person shall actually pay to the driver of any hackney carriage, whether in pursuance of any such agreement or not, any sum exceeding his said proper fare, which shall have been demanded or required by such driver, the person paying the same shall be entitled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall forfeit, as a penalty for such exaction, the sum of forty shillings; and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any time not exceeding one calendar month, unless the said excess of fare and the said penalty shall be sooner paid. 44. And be it enacted, That it shall be lawful for any person to require the driver of any hackney carriage to drive such hackney carriage, for a stated sum of money, a distance in the discretion of such driver, and in case such driver shall exceed the distance to which such person was entitled to be driven for such stated sum of money, such driver shall not exact or demand more than the sum for which he was so engaged to drive, upon pain to forfeit forty shillings for such offence. 45. And be it enacted, That if the proprietor or driver of any hackney carriage, or if any other person on his behalf and with his knowledge and consent, shall agree beforehand with any person hiring such hackney carriage to take for any job any sum less than the proper rate of fare allowed by this Act, such proprietor or driver shall not exact or demand for his fare more than the sum agreed for, upon pain to forfeit forty shillings for such offence. 46. And, in order to prevent disputes as to the number of persons which the hirer of any hackney carriage shall be entitled to require |