be levied upon such locomotives and the waggons or carriages drawn by such locomotives upon turnpike roads: Be it therefore enacted, &c. 1. From and after the passing of this Act all trustees, corporations, Scale of tolls commissioners, and other persons acting under and in execution of to be taken any existing general or local turnpike road Act or public bridge after passing Act shall demand and take tolls not exceeding the tolls following; of this Act. that is to say, For every locomotive propelled by any power containing within Provided always, that in every case where the wheels of any waggon, wain, cart, or carriage shall not all be cylindrical, as described in the Act of the third year of George IV., chapter 126, section 9, the toll payable in respect thereof shall be one half more. 2. All clauses and provisions in any local or general turnpike road Repeal of Act or public bridge Act authorizing tolls to be demanded or taken former enactupon locomotives or carriages drawn by steam or any other than ments as to animal power, different to the tolls herein provided for, shall, so far tolls to be as the same relate to such tolls, be and the same are hereby repealed: Provided always, that this enactment shall not be deemed or taken for locomotives. As to the weight on each pair of wheels. Restrictions on use of locomotives on bridges. Damage by locomotives to bridges to be made good by owners. construed to extend to any tolls authorized to be taken in respect of any private roads or private bridges, or to the roads comprised in the "Commercial Roads Continuation Act, 1849." [Sect. 3 is repealed by the "Highway Act, 1878," s. 28.] 4. It shall not be lawful for any waggon, wain, cart, or other carriage so drawn or propelled as aforesaid, not having cylindrical wheels, to carry any greater weight than is permitted in such waggon, wain, cart, or carriage by the General Turnpike Act; And it shall not be lawful for any waggon, wain, cart, or other carriage having cylindrical wheels to carry over or above the weight of the waggon, wain, cart, or carriage, any greater weight than one ton and a half for each pair of wheels, unless the fellies, tires, or shoes are four inches or more in breadth; Nor to carry a greater weight than two tons for each pair of wheels, unless the fellies, tires, or shoes are six inches or more in breadth; Nor to carry a greater weight than three tons for each pair of wheels, unless the fellies, tires, or shoes are eight inches or more in breadth; and for every single wheel one half of that permitted to be carried on a pair of wheels; Nor in any case to carry a greater weight than four tons on each pair of wheels, or two tons on each wheel; But if such waggons, wains, or other carriages are built and constructed with springs upon each axle, then they shall be allowed to carry one-sixth more weight in addition to the above-mentioned weights upon each pair of wheels: [The proviso to sect. 4 is repealed by sect. I. (3) of the Locomotives Act, 1898.] [Sect. 5 is repealed by the Locomotives Act, 1865, s. 2.] 6. It shall not be lawful for the owner or driver of any locomotive to drive it over any suspension bridge nor over any bridge on which a conspicuous notice has been placed, by the authority of the surveyor or persons liable to the repair of the bridge, that the bridge is insufficient to carry weights beyond the ordinary traffic of the district, without previously obtaining the consent of the surveyor of the road or bridgemaster under whose charge such bridge shall be for the time being, or of the persons liable to the repair of such bridge; [The latter part of sect. 6 is repealed by sect. 18 of the Locomotives Act, 1898.] 7. Where any turnpike or other roads, upon which locomotives are or hereafter may be used, pass or are or shall be carried over or across any stream or watercourse, navigable river, canal, or railway, by means of any bridge or arch (whether stationary or moveable), and such bridge or arch, or any of the walls, buttresses, or supports thereof, shall be damaged by reason of any locomotive or any waggon or carriage drawn or propelled by or together with a locomotive passing over the same or coming into contact therewith, none of the proprietors, undertakers, directors, conservators, trustees, commissioners, or other person interested in or having the charge of such navigable river, canal, or railway, or the tolls thereof, or of such bridge or arch, shall be liable to repair or make good any damage so to be occasioned, or to make compensation to any person for any obstruction, interruption, or delay which may arise therefrom to the use of such bridge or arch, navigable river, canal, or railway, but every such damage shall be forthwith repaired to the satisfaction of the proprietors, undertakers, directors, conservators, trustees, commissioners, or other persons as aforesaid, respectively interested in or having the charge of such river, canal, or railway, or the tolls thereof, or of such bridge or arch, by and at the expense of the owner or owners or the person or persons having the charge of such locomotive at the time of the happening of such damage; And all such owner and owners, person and persons having the charge of such locomotive as aforesaid, shall also be liable, both jointly and severally, to reimburse and make good as well to the proprietors, undertakers, directors, conservators, trustees, commissioners, and other persons interested in or having the charge of any such navigable river, canal, or railway, or the tolls thereof, or of such bridge or arch, as to all persons navigating on or using, or who but for such obstruction, interruption, or delay would have navigated on or used the same, all losses and expenses which they or any of them may sustain or incur by reason of any such obstruction, interruption, or delay, such losses and expenses to be recoverable by action at law, which action, in case of such proprietors, undertakers, directors, conservators, trustees, commissioners, or other persons so interested as aforesaid, may be brought in the name or names of their agent or agents, clerk or clerks for the time being, or by any person or persons legally authorized to act in their behalf. [Sect. 8 is repealed by the Highway Act, 1878, s. 30.] 10. All waggons, wains, carts, or carriages, as hereinbefore Exemption described, drawn by any locomotive, and loaded with any materials from tolls such as are now exempt from toll under the provisions of any continued. general or local Act, shall be entitled to the same exemption as they would be if drawn by animal power. 12. All the clauses and provisions of any general or local Acts Turnpike relating to turnpike roads or highways shall, so far as the same Road Acts to are not expressly altered or repealed by or are not inconsistent with apply to the provisions of this Act, apply to all locomotives propelled by locomotives. other than animal power, and to all waggons, wains, carts, and [Turnpikes carriages of any other description drawn by such locomotive, and have ceased to to the owners, drivers, and attendants thereof, in like manner as if exist.] 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; And any owner not having affixed such weight and such name shall, upon conviction thereof before two justices, forfeit any sum not exceeding 51. And any owner who shall fraudulently affix thereon any incorrect weight shall, upon conviction thereof, forfeit any sum not exceeding 107. 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. 14. This Act may be cited as the "Locomotive Act, 1861." [See also sect. 7 of the Locomotives Act, 1865.] Right of action in case of nuisance. Short title. c. 70. LOCOMOTIVES ACT, 1865. (28 & 29 VICT. c. 83.) An Act for further regulating the use of Locomotives on Turn- 24 & 25 Vict. WHEREAS by the "Locomotives 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, &c. Commencement of Act. Certain sections of 24 & 25 Vict. c. 70, repealed. Rules for working locomotives on roads. Penalty on non-compli 1. This Act shall not come into operation till the 1st day of September, 1865, which day is hereinafter referred to as the commencement of the Act, and shall cease and determine on the 1st of September, 1867.* 2. After the commencement of this Act, and so long as the same shall continue in force, the fifth, ninth, eleventh, and fifteenth sections of the said recited Act, and all orders made in pursuance of the said fifth section, are hereby repealed. 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; viz., [The first sub-section is repealed by sect. 18 of the Locomotives Act, 1898, and replaced by sect. 5 (1) and (2).] [The second sub-section is repealed by the Highway Act, 1878, s. 29, and other provisions substituted.] 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 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]. [N.B.—These words are repealed by sect. 18 of the Locomotives Act, 1898, and replaced by sect. 5 (3).] In the event of a non-compliance with any of the provisions of this *The Act has, since the date mentioned, been continued, from year to year, by the Expiring Laws Continuance Acts. section, the owner of the locomotive shall, on summary conviction ance with thereof before two justices, be liable to a penalty not exceeding 107.; rules. [The proviso following is repealed by sect. 18 of the Locomotives Act, 1898, and replaced by sect. 13.] 4. Subject and without prejudice to the regulations hereinafter Speed of authorized to be made by local authorities, it shall not be lawful to locomotives drive any such locomotive along any turnpike road or public high- on roads. way at a greater speed than four miles an hour, or through any city, town, or village at a greater speed than two miles an hour; And any person acting contrary thereto shall for every such offence, on summary conviction thereof, forfeit any sum not exceeding 107. [Sect. 5 is repealed by the Highway Act, 1878, s. 28.] roads not to ploughing. 6. Any provision in any Act contained prohibiting, under penalty, Restrictions the erection and use of any steam engine, gin, or other like machine, as to steam or any machinery attached thereto within the distance of twenty-five engines within yards from any part of any turnpike road, highway, carriageway, 25 yards of or cartway, unless such steam engine, gin, or other like engine or apply to machinery be within some house or other building, or behind some locomotives wall, fence, or screen sufficient to conceal or screen the same from such turnpike road, highway, carriageway, or cartway, shall not extend to prohibit the use of any locomotive steam-engine for the purpose of ploughing within such distance of any such turnpike road, highway, carriageway, or cartway, provided a person shall be stationed in the road, and employed to signal the driver when it shall be necessary to stop, and to assist horses, and carriages drawn by horses, passing the same, and provided the driver of the engine do stop in proper time. 7. The name and residence of the owner of every locomotive shall be affixed thereto in a conspicuous manner. If it is not so affixed the owner shall, on summary conviction, be liable to a penalty not exceeding 21. [Sect. 8 is repealed, so far as regards England, by the Highway Act, 1878, s. 31, and other provisions substituted.] [Sects. 9, 10 relate to Ireland.] [Sect. 11 saves rights of sect. 41 of the Thames Embankment Act, 1862.] Owner's name and residence to be affixed to locomotives. 12. Nothing in this Act contained shall authorize any person to Savings as to use a locomotive which may be so constructed or used as to be public actions at law. nuisance at common law, and nothing herein contained shall affect the right of any person to recover damages in respect of any injury he may have sustained in consequence of the use of a locomotive. 13. This Act may be cited as "The Locomotives Act, 1865," and Short title. "The Locomotives Act, 1861," and this Act, shall be construed together as one Act. |