out by the Local Government Board of any of their duties under this Act.

15.-Nothing in this Act shall affect any liability of the driver or owner of a motor car by virtue of any statute or at common law.

The statutory or common law liability of drivers or owners of motor cars is dealt with hereafter in separate chapters on hackney carriages, negligence, nuisance, extraordinary traffic, and bailment and carriers.

16. It is hereby declared that this Act and the principal Act apply to persons in the public service of the Crown.

This section, it will be seen, applies only to persons in the public service of the Crown. From this it would seem that the provisions of these Acts do not apply either to motor cars which are the property of the Crown, or to persons in the private service of the Crown.

17. (1) A motor car shall not be driven on or over Menai Bridge except in accordance with regulations made by the Commissioners of Works.

(2) If any person acts in contravention of this section he shall be liable on summary conviction in respect of the first offence to a fine not exceeding ten pounds, and in respect of the second offence to a fine not exceeding twenty pounds, and in respect of any subsequent offence to a fine not exceeding fifty pounds.

See as to suspension and endorsement of licences, sect. 4 (1). Appeals. Sect. 11 (2).

18. In the application of this Act to Scotland(1) a reference to the Secretary for Scotland shall be substituted for a reference to the Local Government Board; and

(2) a reference to the council of a royal, parliamentary, or police burgh, containing within its boundaries, as ascertained, fixed, or determined for police purposes, a popula

tion according to the census for the time being last taken of or exceeding fifty thousand, shall be substituted for a reference to the council of a county borough, and every other burgh shall be deemed to form part of the county within which it is situate; and (3) the road authority of any county or of any royal, parliamentary, or police burgh shall be the local authority within the meaning of the provisions of this Act which relate to the rate of speed and the erection of danger boards; and

(4) a reference to sub-sections (1) and (3) of section 93 of the Local Government (Scotland) Act, 1889, shall be substituted for a reference to sub-sections (1) and (5) of section 87 of the Local Government Act, 1888; and (5) any fine under this Act shall be recoverable by imprisonment in terms of the Summary Jurisdiction Acts; and

(6) any person convicted of an offence under this Act and ordered to be imprisoned without the option of a fine or adjudged to pay a fine exceeding ten pounds shall have a right of appeal against the conviction. Such appeal shall lie to the sheriff depute, and shall be heard summarily. Such appeal may be taken either immediately after the judgment appealed against has been pronounced, or within seven days thereafter, and upon such appeal being taken the sentence (if any) shall be suspended until the appeal has been disposed of: Provided that the appellant shall, at the time of taking such appeal, lodge in the hands of the clerk of Court a bond with sufficient cautioner or otherwise give security satisfactory to the Court for appearing before the sheriff depute.

B.

G

The sheriff depute is hereby authorised and empowered on such appeal to hear evidence, whether led at the original hearing or not, and to reconsider the merits of the case and reverse or confirm in whole or in part the judgment appealed against, or give such new or different judgment as he in his discretion shall think fit; and save as provided by the Summary Prosecutions Appeals (Scotland) Act, 1875, his judgment shall be final and not subject to review; and

an appeal taken in terms of this Act by a person holding a licence against an order for suspension or disqualification shall be taken and disposed of as nearly as may be in the manner and subject to the conditions provided by the immediately preceding sub

section.

Compare the above sub-sect. 6 with sect. 11 (2). It will be noticed that an appeal lies only in cases of imprisonment without the option of a fine, or where the offender is adjudged to pay a fine exceeding ten pounds.

19. In the application of this Act to Ireland(1) a reference to the Local Government Board

for Ireland shall be substituted for a reference to the Local Government Board; and (2) Sub-sections (1) and (3) of Article 32 of the Local Government (Application of Enactments) Order, 1898, shall be substituted for sub-sections (1) and (5) of section 87 of the Local Government Act, 1888; and

(3) Section 23 of the Summary Jurisdiction (Ireland) Act, 1851 (which gives a right of appeal), shall apply as respects convictions for offences under this Act as if any term of imprisonment without the option of a fine were substituted for a term of imprisonment exceeding one month; and

(4) Sections 1 to 4, inclusive, of the Criminal

Evidence Act, 1898, shall extend to Ireland

in the case of a person charged with any offence under this Act.

20.—(1) In this Act the expression "motor car" has the same meaning as the expression "light locomotive" has in the principal Act, as amended by this Act, except that, for the purpose of the provisions of this Act with respect to the registration of motor cars, the expression "motor car" shall not include a vehicle drawn by a motor car.

The provisions of this Act and of the principal Act shall apply in the case of a roadway to which the public are granted access in the same manner as they apply in the case of a public highway,

The term "motor car "is defined in Art. I. of the Motor Car (Use and Construction) Regulations, 1904, to mean a vehicle propelled by mechanical power which is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not exceeding in weight unladen four tons), and is so constructed. that no smoke or visible vapour is emitted therefrom, except from any temporary or accidental cause.

The term "motor car" includes motor cycle, except where the contrary intention appears.

(2) This Act shall come into operation on the first day of January nineteen hundred and four.

(3) This Act may be cited as the Motor Car Act, 1903; and the Locomotives on Highways Act, 1896, and this Act may be cited together as the Motor Car Acts, 1896 and 1903.

21.-This Act shall continue in force till the thirty-first day of December nineteen hundred and six and no longer, unless Parliament shall otherwise determine.

CHAPTER II.

HACKNEY AND OTHER CARRIAGES ON HIGHWAYS.

ALL stage, hackney, and other carriages or carts, and all light locomotives, being carriages within the Highway Acts (a), have to conform with those Acts, and the drivers will be subject to all regulations under and held liable for all offences under those Acts. The following are offences relating to riding and driving upon highways under the General Highway Act, 1835 (b), for which the owner or driver respectively are liable:

A (under sect. 76). The owner is liable to a fine of 40s. for allowing any waggon, cart, or other such carriage to be used without the name and description of the owner being painted thereon, together with his address, in legible letters at least one inch in length.

A driver of a waggon, &c., which has not the owner's name painted thereon as required, is subjected to a penalty if he refuses to disclose such name (c).

B (sect. 78). A driver may only act as driver of two carts, if each is drawn by one horse only, and if the horse of the hinder cart shall be attached by a rein in length not exceeding four feet to the back of the foremost cart. If the driver infringe this section he is liable to a penalty of 20s. (d).

(a)_Bicycles, tricycles, velocipedes and similar vehicles, are carriages within the Highway Acts: 51 & 52 Vict. c. 41, s. 85 (Local Government Act, 1888). A light locomotive, under the Act of 1903 called a motor car, is deemed to be a carriage: see sect. 1 (1) (b) of the Act of 1896, and sect. 20 (1) of the Act of 1903.

(b) 5 & 6 Will. 4, c. 50. Cf. with this Act the Local Government Board Regulations, 1904, Arts. IV. and V., ante, pp. 27-29.

(c) The section applies to all carriages ejusdem generis. A light cart, used occasionally to carry agricultural implements, is not within the section: Danby v. Hunter, 5 Q. B. D. 20; 49 L. J. M. C. 15; 41 L. T. (N. S.) 622. (d) Vide a similar provision in the Towns Police Clauses Act, 1847 (10 &