127. [No person shall erect any windmill within 200 yards 3 Geo. 4, c. 126. of any turnpike road Penalty £5 a day during continuance (7); not to render legal any windmill being a public or private nuisance.] General Offences. Windmills near 128. [Repealed, 7 & 8 Geo. 4, c. 27, s. 1; 36 & 37 Vict. turnpike road. c. 91.] carts (4 Geo. 4, c. 95), 129. [Repealed, 4 Geo. 4, c. 95, s. 14; in lieu it is enacted Names, &c. on (Id. s. 15) "that the owner or owners of every waggon, wain, or cart, or other such carriage, shall . . . . paint or cause to be painted in one or more straight line or lines upon some conspicuous part of the right or off side of his, her, or their waggon, wain, or cart, or other such carriage, or upon the off side shafts thereof, before the same shall be used on any turnpike road, his, her, or their Christian and surname, and the place of his, her, or their abode, or the Christian and surname and place of abode of the principal partner or owner thereof, at full length, in large legible letters not less than 1 inch in height, and continue the same thereupon so long as such waggon, wain, cart, or other such carriage shall be used upon any turnpike road " Penalty, on the owner (r) using or allowing to be used without such descriptions, or painting or causing to be painted any false name or abode, not exc. £5 (7).] 130. [One person may drive two carts on any turnpike road, Driver of 2 carts. if they are not drawn by more than one horse each, and the horse of the hinder cart be attached by reins to the back of the foremost Penalty on driver not having them so attached 20s. (7); but this shall not extend to carts on turnpike roads within 10 miles of London or Westminster.] 131. No cart or waggon travelling on any turnpike road, Children not to shall be driven by any person or persons who shall not be of drive. the full age of 13 years [Penalty on owner not exc. 10s. (1).] 132. If the driver of any waggon or cart of any kind shall Offences by ride upon any such carriages in any turnpike road (u), not Drivers (8), (t}. having some other person on foot or on horseback to guide the same (such light carts as are usually driven with reins, and &c. (4) Procedure.-See note (g), ante, p. 789. (s) Absconding drivers.-Penalties on absconding drivers may be levied on the owners (4 Geo. 4, c. 95, s. 73). (t) Railway carts, &c.-By 4 Geo. 4, c. 95, s. 16, amending this Act, it is enacted that "if any waggon or cart, built or constructed to be and usually used on any railway or tramroad, shall be drawn or pass loaded on any turnpike road, out of or away from such railway or tramroad, for the distance of more than 100 yards," Penalty on the owner, 40s., and on the driver, not being the owner, 20s. (u) No driver is to be liable to a penalty for riding on the carriage, provided that he does not ride on the shafts, but drives carefully with reins held in his hands, attached to every horse drawing the same (30 & 31 Vict. c. 121, s. 4). Riding on carts, Offences by damage; carriage; driving without owner's name; 3 Geo. 4, c. 126. are then conducted by some person holding the reins of the horse or horses, not being more than two, drawing the same, excepted),- -or if the driver of any carriage whatsoever on any part of any turnpike road shall, by negligence or wilful misbehaviour, cause any hurt or damage to any person or carriage quitting road or passing or being upon such road, or shall quit the road, and go on the other side the hedge or fence inclosing the same,or wilfully be at such distance from such carriage, or in such a situation whilst it shall be passing upon such turnpike road that he cannot have the direction and government of the horses or cattle drawing the same; or if any person shall drive, or act as the driver of any such coach, postchaise, or other carriage let for hire, or waggon, wain, or cart, not having the owner's name as hereby required painted thereon, or shall refuse to discover the true Christian and surname of the owner or prinnot keeping to the cipal owners of such respective carriage; or if the driver of any waggon, cart, coach, or other carriage whatsoever, meeting any other carriage, shall not keep his or her carriage on the left or near side of the road,—or if any person shall in any manner wilfully prevent any other person or persons from passing him or her, or any carriage under his or her care upon such road, or by negligence or misbehaviour prevent, hinder, or interrupt the free passage of any carriage, or of His Majesty's subjects, on any turnpike road near side; interrupting passage. Officers refusing to execute the Act. [Penalty not exc. 40s.,-or if the offender be the owner not exc. £5—in default, in either case, Imprisonment not exc. 1 month (x). Every driver offending may be apprehended by any person who shall see such offence committed, and if any such driver shall refuse his name the justice may commit him for not exc. 3 months, or proceed against him for the penalty, by a description of his person and the offence only, expressing that he refused his name.] 133-135. [Prosecutions; awards; see note (g), ante, p. 789.] 136. [Every constable, headborough, or tithingman refusing or neglecting to put this Act into execution, or to account for and deliver any forfeiture or penalty according to the directions of this Act, and every surveyor of any turnpike road, and every toll collector, and all other persons employed or to be employed by any trustees or commissioners appointed or to be appointed for the repairing roads, who do or shall receive salaries or rewards, who shall wilfully neglect, for the space of 1 week after any offence being to their knowledge committed, to lay such information upon oath before one or more of His Majesty's justices of the peace for the limit wherein such offence was committed, as by this Act is directed— Penalty £5 (x).] 789.] (c) Procedure.-See note (g), ante, p. 789. 139. In case any person or persons shall resist or make 3 Geo. 4, c. 126. forcible opposition against any person or persons employed in the due execution of this Act, or any particular Act made for Resisting the Act; amending any turnpike road,— -or shall assault any surveyor, Offences. assaulting col or any collector or collectors of the tolls, in the execution of lectors, &c.; his or their office or offices, or shall pass through any turn- evading toll; pike gate or gates, rail or rails, chain or chains, or other fence or fences set up or to be set up by authority of Parliament, without paying the toll appointed to be paid at such gate or other fence, or shall hinder or make any rescue of cattle or rescuing distress. other goods distrained by virtue of this Act [Penalty not exc. £10 (y).] 140-153 (z). [Procedure, &c.; see note (g), ante, p. 789.] () Procedure.-See note (g), ante, p. 789. (*) Sect. 142, which authorized the mitigation of penalties, is repealed by 4 Geo. 4, c. 95, s. 85, and there is now no power under these Acts to mitigate penalties. Notice to parents Vaccination. 30 & 31 VICT. c. 84; 31 & 35 VICT. c. 98 (a) (amended by 37 & 38 VICT. c. 75). 1-13. [Vaccination districts; public vaccinators; fees; contracts (b).] 14. [Repealed, 34 & 35 Vict. c. 98, s. 17.] 15. [The registrar of births shall, within 7 days after regis&c. by registrar. tration of birth of any child not already vaccinated, give notice, in the form in the schedule, to the parent (c) or person having custody of such child, if known to him, requiring such child to be duly vaccinated according to this Act, and specifying the days, hours, and places where the public vaccinator of the district wherein such child resides, or the vaccinator of any station duly authorized by council (d), will attend for the operation, to which notice forms as in the schedule marked B., C., and D., and also the address of such registrar, shall be attached.] Vaccination to be 16. The parent of every child born in England shall within within 3 months. 3 months after the birth of such child, or where, by reason of the death, illness, absence, or inability of the parent, or other cause, any other person shall have the custody of such child, such person shall, within 3 months after receiving the custody of such child, take it or cause it to be taken to the public vaccinator of the vaccination district in which it shall be then resident, according to the provisions of this or any other Act, to be vaccinated, or shall within such period as aforesaid cause it to be vaccinated by some medical practitioner (e); and the public vaccinator to whom such child shall be so brought is hereby required, with all reasonable despatch, subject to the conditions herein-after mentioned, to vaccinate such child— [Penalty not exc. 20s. (f) (s. 29) (g).] (a) To be construed as one Act (34 & 35 Vict. c. 98, s. 3). (b) See also 34 & 35 Vict. c. 98, s. 14. (c) "Parent" includes the father and mother of a legitimate child and the mother of an illegitimate child (s. 35), and any person having the custody of the child (34 & 35 Vict. c. 98, s. 4). (d) Now the local government board, under 34 & 35 Vict. c. 70. (e) "Medical practitioner" means a registered medical practitioner (s. 35; and see Cromack v. Brennand, 37 J. P. 276). (f) Procedure (s. 33, under 11 & 12 Vict. c. 43).—Within 12 months (34 & 35 Vict. c. 98, s. 11, overriding the Metropolitan Police Acts, see Miller v. Rhind, 37 J. P. 376; 29 L. T. N. S. 29); 1 justice (Introd. p. 23) where offence is committed, or if the union or parish is comprised in several jurisdictions, in any one of them (s. 33). Penalties enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to the county treasurer (Introd. p. 38). Prosecutions to be by vaccination officers appointed for that purpose, and the costs may be defrayed by the guardians out of the poor rate as in 7 & 8 Vict. c. 101, s. 59, or the common fund in unions as in 28 & 29 Vict. c. 79, s. 9 (s. 33; 34 & 35 Vict. c. 98, s. 5; 37 & 38 Vict. c. 75). Appeal, none. (g) On a prosecution for this offence it is not necessary to prove that 17. [Upon the day week after the operation such parent or 30 & 31 Vict. person shall again cause the child to be taken to the vaccinator c. 84. or his deputy that he may inspect it, and ascertain the result, Inspection of and take lymph (h) for other vaccinations; and if the vaccina- vaccination. tion be unsuccessful the child shall be forthwith again vaccinated and inspected as on the previous occasion.] vaccination. 18. [Any public vaccinator or medical practitioner may Unfitness for deliver a certificate of unfitness for successful vaccination (i), to remain in force for 2 months, and be renewable for successive periods of 2 months until a public vaccinator or medical practioner shall deem the child fit for vaccination, when the child shall, with all reasonable despatch, be vaccinated.] 19. [At the end of each successive period the parent or other Successive cerperson shall cause the child to be taken to some public vacci- tificates. nator or medical practitioner, who shall then examine the child, and give the certificate as he deems requisite.] of vaccination. 20. [If any public vaccinator or medical practitioner shall Insusceptibility find that a child whom he has three times unsuccessfully vaccinated is insusceptible of successful vaccination, or that a child has already had the smallpox, he shall deliver a certificate (i) to that effect, and the parent or such person as aforesaid shall not be required to cause the child to be vaccinated.] 21. [Certificate of successful vaccination, see now 34 & 35 Vict. c. 98, s. 7, infra.] 22. [No fee shall be charged by the public vaccinator for any Fees. such certificate or duplicate, nor for any vaccination under his contract, nor shall he be entitled to payment under his contract for any vaccination for which he is paid by the person for whom it is performed; and if he receive payment under his contract he shall not be entitled to recover from any other person.] 23. [Repealed, see 34 & 35 Vict. c. 89, s. 17.] 24-28. [Register of vaccination (k); expenses.] 29. Every parent or person having the custody of a child who Neglecting shall neglect to take such child or to cause it to be taken to be vaccination. vaccinated, or after vaccination to be inspected, according to the defendant had notice; but if he produce a certificate or the register of successful vaccination it shall be a sufficient defence for him (s. 34). As to the bona fides of the giving of the certificate, see Allen v. Worthy, 39 L. J. M. C. 36; L. R. 5 Q. B. 163; 21 L. T. N. S. 665; 34 J. P. 263. (h) Preventing the taking of lymph, Penalty not exc. 20s. (see 34 & 35 Vict. c. 98, s. 10, infra). (Transmission of certificates, see 34 & 35 Vict. c. 98, s. 7, infra. The register shall be open for search at all reasonable times on a fee of 6d. for each search (except from a public vaccinator or an officer of the guardians), and a copy of any entry shall be given under the hand of the registrar or his deputy on a fee of 3d. (s. 24). The duties of registrars under this Act are now transferred to the vaccination officers (34 & 35 Vict. c. 98, s. 6). |