LOST PROPERTY-continued.

search for, in public carriage, 117, 118.
to be taken to police station, 101, 118.
sale of, 118.

reward for, 101, 118.

LUGGAGE,

reasonable quantity to be carried on hackney carriage, 95.
extra payment for, when carried outside hackney carriage, 115.

MACHINERY of motor car must be capable of being stopped when
necessary, 29.

MAGISTRATE,

to determine disputes between proprietors and drivers and
conductors, 98.

may revoke licence of driver or conductor upon conviction, 98.
may award compensation when complaint not substantiated, 89.
compensation to person injured ordered by, 98.

penalties to be inflicted by, 75-77. See also Chap. II.

in metropolis to hear disputes as to hackney carriages, 102.
how many to sit, 102.

to hear and determine disputes and offences generally. See
Chap. II.

may allow time for payment of fines, 77.

may direct payment by instalments, 77.
may take security for payment, 77.

MALE SERVANT,

exemption from payment of licence duty for, 79.
definition of, 79.

includes person employed to drive motor car, 79.
MANDATUM, definition of, in sixth class of bailments, 174, 175.
MANUFACTURER,

of motor cars may obtain general identification mark, 55—58.
must keep record of general identification marks,
57.

MARK,

and of name and address of person driving
motor car, 57.

indicating registered number must be fixed on motor car and
vehicle drawn by car, 43, 52.

or plate to be affixed on a hackney carriage, 103, 109, 110.
may be removed when carriage in an unfit state, 109.

not to be removed or concealed except by authority of
Commissioner, 111, 112.

MASTER,

See also Index Marks.

liability of, for negligence of his servants, 42, 146, 147, 150-152.
in case of hackney carriages, even though the relationship
does not exist, 93, 99, n. (2), 151, 152.

the last rule does not apply in the case of locomotives, 152, 153.
liability of, for injuries to servant, 156-160.
damages recoverable from, 156.

MASTER-continued.

liable at common law to his servant for his personal negligence,
156.

but not for negligence of fellow-servants, 156.

doctrine of volenti non fit injuria, 158, 159.

action to be commenced within twelve months in case of death,
159, 160.

or in other cases within six months, 159.

notice to be given within six weeks, 159, 160.
action to be in County Court, 160.

See also Proprietor and Owner.

MECHANICAL POWER,

motor car to be propelled by, 1-3.
how produced, 2, 3.

MENAI BRIDGE, restriction as to driving motor cars over, 80.

METROPOLIS, limits of, for purposes of hackney carriages, 104.

MOTOR CARS,

use of, legalized, 1, 2.
definition of, 1, 22, 23.

weight of, 1, 3, 22, 23, 78.

deemed to be carriages within all Acts of Parliament, 2, 5, 9.
exempted from provisions of scheduled Acts, 2, 37.

mechanical power of, how produced, 2, 3.

must be under three tons unladen, 3, 22.

when drawing another vehicle, must not, together, exceed four
tons, 3, 23.

unless permitted by Local Government Board regulations,
78, 79.

smoke or visible vapour not to be emitted, except temporary
or accidental, 3, 4, 23.

when used as carriages of particular class, 5-9.

used as waggon, cart, car or dray, to have name of owner
painted thereon, 7, 8.

private, name of owner not required upon, unless within regu-
lations, 8.

lamp on, 10, 11.

bell on, 12, 13.

if over five hundredweights in weight must be capable of
being worked backwards or forwards, 23.

weight of, when to be painted on, 25.

fittings of, to be in good order, 25.

condition of, likely to cause danger, is a question of fact, 25.
when injury actually caused by, to a workman, the Employers'
Liability Act applies, 25, 26, 156, 157.

vehicles drawn by, regulations as to, 26, 27.

subject to certain regulations affecting motor cars, 26.

MOTOR CARS-continued.

not to travel backwards further than is requisite for safety, 27.
to be under control at all times, 28.

when meeting carriage horse, &c., must keep on left side of
road, 28.

when passing carriage horse, &c., must keep on right side of
road, 28.

must sound bell when necessary, 28.

must stop for horse on signal, 29.

machinery of, must be capable of being stopped when neces-
sary, 29.

excise duty for, 31.

exempted from certain enactments, 37, 38.

liable to tolls, 37, 38.

not authorized to be used so as to cause a nuisance, 38.

if so used, owner liable to action or indictment, 38.
reckless, negligent, and dangerous driving of, 39–41.
registration of, regulations as to, 43—64, 318.
registration fee of, 42.

change of ownership of, to be registered, 50, 51.

abode of owner of, must be registered, 51.

assignment of registered number of, 51.
cancellation of registration of, 51.

identification of, 52–55.

plate for, 52-55.

illumination of identification plates of, 54, 55.

manufacturers of, may obtain general identification marks,

55-58.

penalty for driving non-registered, 55, 56, 75.

owner of, must not employ unlicensed person to drive, 58.
hirer of, must ascertain that driver has licence, 58, 59.

licence to drive, 58–65.

must not be driven by unlicensed person, 58, 59.

duration of licence to drive, 59.

licences to drive, regulations as to, 59-64.

includes motor cycle except where contrary intention appears,
64, 83.

person driving, in case of accident must stop and give infor-
mation if required, 68.

owner or driver of, subject to ordinary rules as to use of
vehicles on highways, 72, 80, 84, 133 et seq., 161 et seq.
penalties for offences in connection with, 75—77.

maximum weight of, may be increased by regulations of Local
Government Board, 78.

person employed to drive, is a "male servant," 79.

semble, driver of, is a "workman,” 157.

MOTOR CAR ACT, 1903,

when to come into operation, 83.

duration of, 83.

MOTOR CYCLE-continued.

identification of, 52.

licence to drive a, 58, 59.

may be driven by any person over fourteen years of age, 59.
included in term motor car except where contrary intention
appears, 64, 83.

And see Motor Car.

NAME AND ADDRESS,

of driver of motor car, 41.

must be furnished by owner in certain cases, 42.
of owner on waggon, cart, &c., 84, 96.

NEGLIGENCE,

stage carriage, 87.

omnibus, 127.

locomotive, 186.

master liable for, of his servants, 42, 145, 150-152.
of driver of public carriage, proprietor liable for, 98.

all vehicles subject to ordinary rules of, 133.

defendant not answerable for injury not reasonably expected
to result from his, 133, 134.

definition of, 134.

rules as to, founded upon duty, 134.

when actionable, 135.

burden of proof of, 135.

what plaintiff must prove, 137-140.

must cause or materially contribute to accident, to be
actionable, 137, 138.

when obstruction of road by dangerous instruments is, 141,

142.

in such a case plaintiff can recover though other circum-
stances intervene, 141.

whether there is evidence of, is question for judge, 135, 136.
whether facts proved amount to, is question for jury, 135, 136.
whether action for, is framed in contract or tort, 149, 150.
smoke, steam, excessive noise, &c., may be actionable, 164,
165.

erection near roadside may be actionable, 164, 165.

low wall with spikes abutting on highway and causing injury
is actionable, 165, 166.

NEGLIGENT DRIVING,

of motor car, 39, 40.

penalty for, 39-41, 75 et seq.

NON-REGISTERED MOTOR CAR,

penalty for driving, 55, 56, 75.

exemption from penalty for driving, 55-57.

NON-RESIDENT in United Kingdom may obtain licence to drive
motor car, 62.

NOTICE,

of change of ownership of motor car to be sent to council,
50, 51.

of prosecution, when necessary, 73.

of Local Government Board Regulations to be given by local
authorities, 74, 75.

NUISANCE,

public, remedy for, by information, 161.

or by action at suit of Attorney-General, 162.

if causing special damage, private individual can maintain
action, 161.

locomotive not to be used so as to cause, 84, 161, 187.

use of vehicles which, apart from statutory authority, are
nuisances, is limited, 162.

steam roller is a, and the owner liable for damages though not
guilty of negligence, 162, n. (d).

by obstruction, 162–166.

reasonable user of highway is not, 163.

excessive user is, 163.

is actionable in case of obstruction to shop by continually
emptying vans, 163.

or in case of leaving van or vehicle by the roadside so as to
frighten horses, 164.

or negligently allowing water to spout up in highway, 163,
164.

NUMBER, assignment of, of motor car, 51.

NUMBERS to be assigned by councils to motor cars, 49.

OBSTRUCTION,

unreasonable user of highway is, 163.

of access to shop by continually emptying vans is an action-
able nuisance, 163.

by leaving vehicles, &c., by the roadside so as to frighten
horses or cattle, is an actionable nuisance, 164, 165.

of highway by assembling of people and carriages, 166.

by loitering, by driver of public carriage, is an offence, 94,
96, 99.

of highway by any carriage is an offence, 85.

OFFENCES in connection with the driving of a motor car, 66.
OMNIBUS,

is a hackney carriage, 6, 7.

owner's name must be upon, 127.

OWNER,

of motor car must give name and address of driver in certain
cases, 42.

OWNERSHIP,

liable penally for acts of driver where motor car
a hackney carriage, 42, 87, 93, 99, n. (z).,
subject to ordinary rules as to use of vehicles on
highways, 72, 80, 84, 133 et seq., 161 et seq.
See also Proprietor and Master.

change of, of motor car to be registered, 50.
transfer of, of motor car must be registered, 50, 51.

PENALTIES,

for breach of Motor Car Act, 1896, or regulations, 30.
1903, or regulations, 75-77.