terms and expressions used therein, be it enacted, That wherever in this Act, with reference to any person, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons as well as one person, females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and that wherever the terms and expressions following occur in this Act they shall be construed respectively in the manner hereinafter directed; (that is to say,) that the term and expression "his Majesty" shall be "His Maconstrued to mean and include his Majesty, his heirs and suc- jesty." cessors; that the term "officer of stamp duties" shall be construed "Officer to mean any officer deputed or appointed by the Commissioners of of stamp Stamps, whatever may be his particular office or employment; that duties." the term "proprietor," used with reference to any stage carriage, "Proprietor." shall be construed to mean and include any and every person who shall keep, use, or employ such stage carriage, or who shall be concerned in the keeping, using, or employing thereof; that the term "licensed postmaster "shall be construed to mean and "Licensed include any and every person, male or female, licensed to let postmaster." horses for hire under the authority of this Act; that the term "horse" or horses" shall respectively be construed to mean and "Horse include any mare or gelding or mares or geldings as well as any "horses." horse or horses; that the term "toll gate" shall be construed to mean any gate or bar at which any toll is payable or any ticket is receivable for any horse or carriage; that the term "toll gate keeper" shall be construed to mean and include the keeper of any such gate or bar as aforesaid, or the collector of tolls thereat, or any person acting as such keeper or collector respectively; that the term" driver," used with reference to any stage carriage, shall be "Driver.” construed to mean the coachman, driver, or director thereof; and that the term "luggage" shall be construed to mean any trunk, "Luggage." box, bale, parcel, package, corn, or other article, whether such trunk, box, bale, parcel, package, corn, or other article shall or shall not belong to any passenger conveyed by any such stage carriage. 66 or "Toll gate." "Toll gate keeper." THE METROPOLITAN POLICE ACT, 1839. (2 & 3 VICT. c. 47.) [Similar provisions for the City of London are contained in sections 20, 21, 22, 35, of the City of London Police Act, 1839, 2 & 3 Vict. cap. xciv.] 52. It shall be lawful for the Commissioner of Police from time Regulations to time, and as occasion shall require, to make regulations for the for preventing route to be observed by all carts, carriages, horses, and persons, obstructions and for preventing obstruction of the streets and thoroughfares in the streets during public processions, &c. Stage carriages deviating from route. Nuisances in thorough fares. within the Metropolitan Police District, in all times of public processions, public rejoicings, or illuminations, aud also to give directions to the constables for keeping order and for preventing any obstruction of the thoroughfares in the immediate neighbourhood of her Majesty's palaces, and the public offices, the High Court of Parliament, the courts of law and equity, the police courts, the theatres, and other places of public resort, and in any case when the streets or thoroughfares may be thronged or may be liable to be obstructed. 53. No proprietor of any stage carriage duly licensed to carry passengers for hire, shall be liable to any penalty for any deviation from the route or line of route* [specified in his licence] which the driver of such stage carriage shall make by virtue of any regulation or direction made or given by the Commissioner of Police. 54. Every person shall be liable to a penalty not more than 408., who within the limits of the Metropolitan Police District shall in any thoroughfare or public place commit any of the following offences; (that is to say)— (1) Every person who shall to the annoyance of the inhabitants (2) Every person who shall turn loose any horse: (5) Every person who shall ride or drive furiously, or so as to (6) Every person who shall cause any cart, public carriage, with or without horses, to stand longer than may be neces- (7) Every person who shall lead or ride any horse or other animal, or draw or drive any cart or carriage upon .... any footway or curbstone, or fasten any horse or other animal so that it can stand across or upon any footway: (8) Every person who shall roll or carry any cask, tub, hoop, or wheel, or any ladder, plank, pole, showboard, or placard, upon any footway, except for the purpose of loading or unloading any cart or carriage, or of crossing the footway: * These words are now unnecessary; no routes being specified in a licence. The section will still apply to cases of alleged misrepresentation as to route or destination by the driver or conductor. (9) Every person who, after being made acquainted with the regulations or directions which the commissioners of police shall have made for regulating the route of horses, carts, carriages, and persons during the time of divine service, and for preventing obstructions during public processions, and on other occasions herein before specified, shall wilfully disregard or not conform himself thereto : (13) Every person who shall use any threatening, abusive, or insulting words or behaviour, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned: And it shall be lawful for any constable belonging to the Metropolitan Police Force to take into custody, without warrant, any person who shall commit any such offence within view of any such constable. HIGHWAYS ACT, 1835. (5 & 6 WILL. 4, c. 50.) An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England. [31st August, 1835.] WHEREAS it is expedient to amend the laws relating to highways in that part of Great Britain called England, and to consolidate the same in one Act, and to make other provisions respecting highways: 5. In the construction of this Act the word " surveyor" shall be Interpretation understood to mean surveyor of the highways or waywarden; The word "parish" shall be construed to include parish, township, tithing, rape, vill, wapentake, division, city, borough, liberty, market town, franchise, hamlet, precinct, chapelry, or any other place or district maintaining its own highways; And that the word "highways" shall be understood to mean all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; And wherever in this Act, in describing or referring to any person or party, animal, matter, or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several animals, matters, or things as well as one animal, matter, or thing, respectively, unless there be something in the subject or context repugnant to such construction. clause. 72. If any person shall wilfully ride upon any footpath or cause- Penalty on way by the side of any road made or set apart for the use or accom- persons commodation of foot passengers; or shall wilfully lead or drive any mitting nuihorse, ass, sheep, mule, swine, or cattle, or carriage of any descrip- sances by tion, or any truck or sledge, upon any such footpath or causeway; riding on footor shall tether any horse, ass, mule, swine, or cattle on any highway, paths, &c.; so as to suffer or permit the tethered animal to be thereon; by injuring the road; by damaging banks, cause ways, direction posts, milestones, &c.; by making fires; by baiting by running of filth. Rubbish laid on or near highway, so as to be a nuisance, to be removed on notice, or surveyor to dispose of same. Or shall cause any injury or damage to be done to the said highway, or the hedges, posts, rails, walls, or fences thereof; or shall wilfully obstruct the passage of any footway; or wilfully destroy or injure the surface of any highway; or shall wilfully or wantonly pull up, cut down, remove, or damage the posts, blocks, or stones fixed by the said surveyor as herein directed; or dig or cut down the banks which are the securities and defence of the said highways; or break, damage, or throw down the stones, bricks, or wood fixed upon the parapets or battlements of bridges, or otherwise injure or deface the same; or pull down, destroy, obliterate, or deface any milestone or post, graduated or direction post or stone erected upon any highway; Or shall play at football or any other game on any part of the said highways, to the annoyance of any passenger or passengers; Or if any hawker, higgler, gipsy, or other person travelling shall pitch any tent, booth, stall, or stand, or encamp upon any part of any highway; Or if any person shall make or assist in making any fire, or shall wantonly fire off any gun or pistol, or shall set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework whatsoever within fifty feet of the centre of such carriageway or cartway; or bait, or run for the purpose of baiting, any bull, upon or near any highway; Or shall lay any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever upon such highway, to the injury of such highway, or to the injury, interruption, or personal danger of any person travelling thereon; Or shall suffer any filth, dirt, lime, or other offensive matter or thing whatsoever to run or flow into or upon any highway from any house, building, erection, lands, or premises adjacent thereto, or shall in any way wilfully obstruct the free passage of any such highway; Every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding 40s., over and above the damages occasioned thereby. 73. If any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever shall be laid upon any highway so as to be a nuisance, and shall not, after notice given by the surveyor, assistant surveyor, or district surveyor, be forthwith removed, it shall and may be lawful for the surveyor, assistant surveyor, or district surveyor, by order in writing from any one justice, to clear the said highway, by removing the said stone, hay, straw, dung, manure, soil, ashes, rubbish, or other matter or thing as aforesaid, and to dispose of the same, and to apply the proceeds arising therefrom towards the repairs of the highway within the parish in which such highway may be situate : Provided nevertheless, that if any soil, ashes, or rubbish shall be laid on any highway, and such soil, ashes, or rubbish shall not be of sufficient value to defray the expense of removing them, the person who laid or deposited such soil, ashes, or rubbish shall repay to the said surveyor, assistant surveyor, or district surveyor the money which he shall have necessarily expended for the removal thereof, which money, in case the same shall not be forthwith repaid, shall be levied as forfeitures are herein directed to be levied. in the manner herein 76. The owner of every waggon, cart, or other such carriage shall Names of paint or cause to be painted in one or more straight line or lines, owners to be upon some conspicuous part of the right or off-side of his waggon, painted on cart, or other such carriage, or upon the off-side shafts thereof, waggons, &c., before the same shall be used on any highway, his christian name and surname, or the style and title by which he is commonly mentioned. 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 in 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; And every owner of any waggon, cart, or other such carriage who shall use or allow the same to be used on any highway without the name and descriptions painted thereon as aforesaid, or who shall suffer the same to become illegible, or who shall paint or cause to be painted any false or fictitious name or place of trade or abode on such waggon or cart or other such carriage, shall forfeit and pay, on conviction, for every such offence, a sum not exceeding 40s., with or without costs, as to the justices before whom the conviction shall take place shall think fit. 77. No one person shall act as the driver of more than two carts, One driver waggons, or other such carriages on any highway: may take Provided always, that it shall and may be lawful for any one charge of two person to act as the driver of two carts, waggons, or other such carts, drawn carriages, on any highway, and for such carts to pass and travel on any highway, being only under the care and superintendence of such single person: Provided always, that such carts, waggons, or other carriages, when under the care of only one person, shall not be drawn by more than one horse each, and the horse of the hinder cart, waggon, or other carriage shall be attached by a rein in length not exceeding four feet to the back of the cart, waggon, or other carriage which shall be foremost; And in case the said horse shall not be so attached the driver of the said carts, waggons, or other carriages shall forfeit, on conviction, the sum of 20s., to be recovered as other penalties are by this Act to be recovered. by one horse each. 78. If the driver of any waggon, cart, or other carriage of any Drivers of kind shall ride upon any such carriage, or upon any horse or horses carts not to drawing the same, on any highway, not having some other person ride thereon on foot or on horseback to guide the same (such carriages and unless some carts as are driven with reins, and are conducted by some person other person holding the reins of all the horses drawing the same, excepted); guide them. Or if the driver of any carriage whatsoever on any part of any Drivers caushighway shall by negligence or wilful misbehaviour cause any hurt ing damage or damage to any person, horse, cattle, or goods conveyed in any or quitting carriage, passing or being upon such highway, or shall quit the the road, or same, and go on the other side of the hedge or fence inclosing the driving carsame, or negligently or wilfully be at such distance from such riage without carriage, or in such a situation whilst it shall be passing upon such or not keeping highway that he cannot have the direction and government of the the left side, horses or cattle drawing the same, or shall leave any cart or or interruptcarriage on such highway, so as to obstruct the passage thereof, or ing free pasif any person shall drive or act as the driver of any waggon, cart, sage, if not B. P owner's name, |