HIGHWAYS AND LOCOMOTIVES ACT, 1878.

(41 & 42 VICT. c. 77.)

An Act to amend the Law relating to Highways in Englaud and the Acts relating to Locomotives on Roads; and for other [16th August, 1878.]

purposes.

WHEREAS it is expedient to amend the law relating to highways in 24 & 25 Vict. England, and to amend the "Locomotive Acts, 1861 and 1865”: Be it enacted, &c.

c. 70.

28 & 29 Vict. c. 83.

Short title.

Application of Act.

Power of

county authority to make bye-laws.

Preliminary.

1. This Act may be cited as the "Highways and Locomotives (Amendment) Act, 1878."

2. This Act shall not apply to Scotland or Ireland; and save as is by this Act expressly provided, Part I. of this Act shall not apply to the Isle of Wight; nor to any part of the metropolis; nor to any part of a county to which the Act passed in the session of the twenty-third and twenty-fourth years of the reign of her present Majesty, chapter sixty-eight, intituled "An Act for the better management and control of the highways in South Wales,” extends.

PART I.

AMENDMENT OF HIGHWAY Law.

Bye-laws by County Authority.

26. A county authority may from time to time make, with respect to all or any main roads or other highways within any highway area in their county, and when made alter or repeal, byelaws for all or any of the purposes following; that is to say,

(1.) For prohibiting or regulating the use of any waggon, wain,
cart or carriage drawn by animal power and having wheels of
which the fellies or tires are not of such width in proportion
to the weight carried by, or to the size of, or to the number
of wheels of such waggon, wain, cart or carriage, as may be
specified in such bye-laws; and

(2.) For prohibiting or regulating the use of any waggon, wain,
cart or other carriage drawn by animal power not having the
nails on its wheels countersunk in such manner as may be
specified in such bye-laws, or having on its wheels bars or
other projections forbidden by such bye-laws; and
(3.) For prohibiting or regulating the locking of the wheel of
any waggon, wain, cart or carriage drawn by animal power
when descending a hill, unless there is placed at the bottom
of such wheel during the whole time of its being locked a
skidpan slipper or shoe in such manner as to prevent the
road from being destroyed or injured by the locking of such
wheel; and

(4.) For prohibiting or regulating the erection of gates across highways, and prohibiting gates opening outwards on highways; and

(5.) For regulating the use of bicycles.

Fines to be recovered summarily may be imposed by any such bye-laws on persons breaking any bye-law made under this section, provided that no fine exceeds for any one offence the sum of 21., and that the bye-laws are so framed as to allow of the recovery of any sum less than the full amount of the fine.

PART II.

AMENDMENT OF LOCOMOTIVE ACTS, 1861 AND 1865.

28. Section three of the "Locomotive Act, 1861," and section five Weight of of the "Locomotive Act, 1865," are hereby repealed, so far as locomotives relates to England, and in lieu thereof be it enacted that it shall and construcnot be lawful to use on any turnpike road or highway a locomotive tion of wheels. constructed otherwise than in accordance with the following pro- 24 & 25 Vict. visions; (that is to say),

c. 70.

(1.) A locomotive not drawing any carriage, and not exceeding 28 & 29 Vict. in weight three tons, shall have the tires of the wheels thereof c. 83. not less than three inches in width, with an additional inch for every ton or fraction of a ton above the first three tons; and

(2.) A locomotive drawing any waggon or carriage shall have the
tires of the driving wheels thereof not less than two inches
in width for every ton in weight of the locomotive, unless
the diameter of such wheels shall exceed five feet, when the
width of the tires may be reduced in the same proportion as
the diameter of the wheels is increased, but in such case the
width of such tires shall not be less than fourteen inches;
and

(3.) A locomotive shall not exceed nine feet in width or fourteen
tons in weight, except as hereinafter provided; and
(4.) The driving wheels of a locomotive shall be cylindrical and
smooth-soled, or shod with diagonal cross-bars of not less
than three inches in width nor more than three-quarters of
an inch in thickness, extending the full breadth of the tire,
and the space intervening between each such cross-bar shall
not exceed three inches.

The owner of any locomotive used contrary to the foregoing provisions shall for every such offence be liable to a fine not exceeding five pounds: Provided that the mayor, aldermen, and commons in the city of London, and the Metropolitan Board of Works in the metropolis, exclusive of the city of London, and the council of any borough which has a separate Court of Quarter Sessions, and the county authority of any county, may, on the application of the owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorize such locomotive to be used on any turnpike road or highway within the areas respectively above-mentioned, or part of any such road or highway, under such conditions (if any) as to them may appear desirable. Provided also, that the owner of a locomotive used contrary to the provisions of sub-section two of this section shall not be deemed guilty of an offence under this

Steam locomotives to be constructed so as to consume

their smoke. 24 & 25 Vict. c. 70.

Duration of Part II. of Act. 28 & 29 Vict. c. 83.

section if he proves to the satisfaction of the Court having cognizance of the case that such locomotive was constructed before the passing of this Act, and that the tires of the wheels thereof are not less than nine inches in width.

[Sect. 29 is repealed by sect. 18 of the Locomotives Act, 1898.]

30. Section eight of the "Locomotive Act, 1861," is hereby repealed so far as relates to England; and in lieu thereof, be it enacted that every locomotive used on any turnpike road or highway shall be constructed on the principle of consuming its own smoke; and any person using any locomotive not so constructed, or not consuming, so far as practicable, its own smoke, shall be liable to a fine not exceeding five pounds for every day during which such locomotive is used on any such turnpike road or high

way.

[Sect. 31 is repealed by sect. 18 of the Locomotives Act, 1898. As to bye-laws, see sect. 6 and the saving clause in sect. 18.]

[Sect. 32 is repealed by sect. 18 of the Locomotives Act, 1898.] 33. This part of this Act shall remain in force so long only as the "Locomotive Act, 1865," continues in force.

Confirmation of provisional order.

Confirmation of bye-laws.

Recovery of penalties and

expenses.

PART III.

Procedure and Definitions.

34. It shall be lawful for the Local Government Board to submit any provisional order made by them under this Act to Parliament for confirmation, and without such confirmation a provisional order shall not be of any validity.

35. A bye-law made under this Act, and any alteration made therein and any repeal of a bye-law, shall not be of any validity until it has been submitted to and confirmed by the Local Government Board.

A bye-law made under this Act shall not, nor shall any alteration therein or addition thereto or repeal thereof, be confirmed until the expiration of one month after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district.

36. All offences, fines, and expenses under this Act, or any byelaw made in pursuance of this Act, may be prosecuted, enforced, and recovered before a court of summary jurisdiction in manner provided by the "Summary Jurisdiction Acts."

The expression the "Summary Jurisdiction Acts" means the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter forty-three, intituled, "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.

The expression "court of summary jurisdiction" means and includes any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the "Summary Jurisdiction Acts":

Provided that the Court, when hearing and determining an infor

mation or complaint under this Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some Court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorized to be done by more than one justice of the peace.

37. If any party thinks himself aggrieved by any conviction or Form of order made by a court of summary jurisdiction on determining any appeal to information or complaint under this Act, the party so aggrieved quarter may appeal therefrom. . . . to the next practicable court of sessions. quarter sessions.

38. In this Act

Interpreta

"County" has the same meaning as it has in the "Highway tion. Act, 1862 and 1864," except that every liberty not being 25 & 26 Vict. assessable to the county rate of the county or counties within c. 61. which it is locally situate shall, for the purposes of this Act 27 & 28 Vict. other than those relating to the formation and alteration of c. 101. highway districts, and the transfer of the powers of a highway board, be deemed to be a separate county:

"County authority" means the justices of a county in general or quarter sessions assembled:

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Borough" means any place for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled, "An Act to provide for the regulation of municipal corporations in England and Wales," and the Acts amending the

same:

Highway district" means a district constituted in pursuance of the "Highway Act, 1862," and the "Highway Act, 1864," 25 & 26 Vic*. or one of such Acts:

c. 61.

27 & 28 Vict.

c. 101.

25 & 26 Vict.

Highway board" means the highway board having jurisdiction within a highway district: Highway parish" means a parish or place included or capable of being included in a highway district in pursuance of the Highway Acts, 1862 and 1864," or one of such Acts: Highway authority" means as respects an urban sanitary dis- c. 61. trict the urban sanitary authority, and as respects a highway 27 & 28 Vict. district the highway board, and as respects a highway parish c. 101. the surveyor or surveyors or other officers performing similar duties:

"Rural sanitary district" and "rural sanitary authority" mean respectively the districts and authorities declared to be rural

sanitary districts and authorities by the "Public Health Act, 38 & 39 Vict. 1875":

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c. 55.

"Urban sanitary district" and "urban sanitary authority mean respectively the districts and authorities declared to be urban sanitary districts and authorities by the Public 38 & 39 Vict. Health Act, 1875," except that for the purposes of this Act c. 55. no borough having a separate court of quarter sessions, and no part of any such borough, shall be deemed to be or to be included in any such district, and where part of a parish is included in such district for the purpose only of the repairs of the highways such part shall be deemed to be included in the district for the purposes of this Act:

B.

T

18 & 19 Vict. c. 120.

"The Metropolis means the parishes and places mentioned in
the Schedules A., B., and C., annexed to the “Metropolis
Management Act, 1855," and any parish to which such Act
may be extended by Order in Council in manner in the said
Act provided; also the city of London and the liberties of
the said city:

"Quarter sessions" includes general sessions:
"Petty sessional division" means any division for the holding a
special sessions formed or to be formed under the provisions
of the Act of the ninth year of the reign of his late Majesty
King George the Fourth, chapter forty-three, or any Act
amending the same; also any division of a county, or of a
riding, division, parts, or liberty of a county, having a
separate commission of the peace, in and for which petty
sessions or special sessions are usually held, whether in one
or more place or places, in accordance with any custom, or
otherwise than under the said last-mentioned Act; but does
not include any city, borough, town corporate, or district
constituted a petty sessional division by the Act of the
session of the twelfth and thirteenth years of the reign of
her present Majesty, chapter eighteen, intituled, "An Act
for the holding of petty sessions of the peace in boroughs,
and for providing places for the holding of such petty session
in counties and boroughs":

"Locomotive " means a locomotive propelled by steam or by
other than animal power:

"Person" includes a body of persons corporate or unincorporate.

Provisions as

to the weight carried by waggons.

LOCOMOTIVES ACT, 1898.

(61 & 62 VICT. c. 29).

An Act to amend the Law with respect to the use of Locomotives on Highways, and with respect to extraordinary Traffic.

[2nd August, 1898.]

BE it 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:

1.-(1.) The council of a municipal borough as regards any highway situated in the borough, and the county council as regards any highway situated in their county but not in a borough, may permit any waggons drawn or propelled by a locomotive on the highway to carry weights in excess of those mentioned in 24 & 25 Vict. section four of the Locomotive Act, 1861. c. 70.

(2.) If any person without such permission uses any waggon drawn or propelled by a locomotive on any highway to carry weights in excess of those mentioned in section four of the Locomotive Act, 1861, as amended by this Act, or, being the owner