It will be perceived that the law in relation to public high- Glen's Law ways has been treated of in this chapter only so far as Local of Highways. Boards of Health have special duties cast upon them by the Public Health and Local Government Acts. The Law of Highways is too extensive to be entirely dealt with in a work to which it is only incidental; but those who may desire fuller information on the subject are referred to the second edition of Glen on the Law of Highways, and to the third edition of Glen's Highway Acts, 1862, 1864. § 2. LOCOMOTIVES ON HIGHWAYS. In connection with the subject of highways in Local Board districts, it is necessary to refer to the use of locomotives on turnpike and other roads, which is regulated by the Locomotive Act, 1861, and the Locomotive Act, 1865, which are to be con- 28 & 29 Vict. strued together as one Act. The former Act came into opera- c. 83, s. 13. tion on the day of its passing, and the latter on the 1st of ment of Acts. September, 1865, which day is hereinafter referred to as the Ib. s. I. commencement of the Act, and it shall cease and determine on 34 & 35 Vict. the 1st of September, 1872, and end of then next Session of c. 95. Parliament. Commence c. 70, s. 15. The Locomotive Act, 1861, applied to Great Britain only; Extent of but section 15 of that Act having been repealed by the amend- Acts. ing Act, both Acts now apply to Great Britain and Ireland. 24 & 25 Vict. Every locomotive propelled by steam or any other than Size and animal power, not drawing any carriage, and not exceeding in weight of weight three tons, shall have the tires of the wheels thereof not locomotives. less than three inches in width, and for every ton or fractional Ib. s. 3. part thereof additional weight, the tires of the wheels thereof shall be increased one inch in width; and every locomotive drawing any waggon or carriage shall have the tires of the wheels thereof not less than nine inches in width; but no locomotive shall exceed seven feet in width or twelve tons in weight, except as hereinafter provided; and the wheels of every locomotive shall be cylindrical and smooth soled, or used with shoes or other bearing surface of a width not less than nine inches; and the owner or owners of any locomotive used contrary to the foregoing provisions shall for every such offence, on summary conviction, forfeit any sum not exceeding five pounds: Provided always, that whereas it may be desirable that locomotives of a greater width than seven feet and of a greater weight than twelve tons should be allowed to be used under certain circumstances, any person desiring to use any such locomotive on any street or public highway within the limits of the metropolis as defined by the Act of the eighteenth and nineteenth years of her present Majesty, for the better local management of the metropolis, any city or municipal or parliamentary borough, or any turnpike road or other public highway, shall apply to the corporation, commissioners, trustees, and surveyors, or other Size and weight of locomotives. Weight on wheels. c. 70, s. 4. Size and weight of locomotives which may be used. persons having the charge of any such street, highway, turnpike, or other road over which it may be proposed to work such locomotive, for permission to use the same; and such corporation, commissioners, trustees, surveyor, and other persons as aforesaid, shall have power to authorize such locomotive to be used on such road or roads, or part of any road or roads, and under such condition or conditions as to them may appear desirable; but in the case of the surveyor or surveyors of any highway in England no such permission shall be valid without also it be approved by the justices acting in petty sessions for any petty sessional division within which it is proposed to use such locomotive. It shall not be lawful for any waggon, wain, cart or other carriage so drawn or propelled as aforesaid, not having cylindri cal 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; provided always, that the regulation of weight herein mentioned and provided shall not extend to any waggon, wain, cart or other carriage carrying only one tree or one log of timber, or one block of stone, or one cable of rope, or one block, plate, roll, or vessel of iron or other metal, or compounded of any two or more metals cast, wrought, or united in one piece. Subject to the provisions of this Act, any locomotive which shall not exceed nine feet in width or fourteen tons in weight may be used on any turnpike road or public highway, provided that the wheels of such locomotive be constructed according to 28 & 29 Vict. the requirements of the said recited Act; and no locomotive c. 83, s. 5. exceeding nine feet in width or fourteen tons in weight shall be used on any such road, except subject to the provisions contained in the third section of the said Act as to the use of locomotives exceeding seven feet in width and twelve tons in weight. Every locomotive propelled by steam or any other than steam to consume their animal power to be used on any turnpike road or public high- Locomotives way shall be constructed on the principle of consuming and so propelled by as to consume its own smoke; and any person using any locomotive not so consuming its own smoke, shall on conviction own smoke. thereof before any two of Her Majesty's justices of the peace, 24 & 25 Vict. forfeit any sum not exceeding five pounds for every day during c. 70, s. 8. which such locomotive shall be used on any such turnpike road or public highway. The name and residence of the owner of every locomotive Name and shall be affixed thereto in a conspicuous manner. If it is not residence of so affixed, the owner shall, on summary conviction, be liable to owner to be a penalty not exceeding two pounds. affixed to locomotives. Every locomotive propelled by steam or any other than 28 & 29 Vict. animal power on any turnpike road or public highway, shall be c. 83, s. 7. worked according to the following rules and regulations, viz. the manner locomotives roads and Firstly, at least three persons shall be employed to drive or Rules for conduct such locomotive, and if more than two waggons or carriages be attached thereto, an additional person shall of working be employed, who shall take charge of such waggons or on turnpike carriages: Secondly, one of such persons, while any locomotive is in highways. motion, shall precede such locomotive on foot by not less Ib. s. 3. than sixty yards, and shall carry a red flag constantly displayed, and shall warn the riders and drivers of horses of the approach of such locomotive, and shall signal the driver thereof when it shall be necessary to stop, and shall assist horses, and carriages drawn by horses, passing the same: Thirdly, the drivers of such locomotive 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. In the event of a non-compliance with any of the provisions of Penalty on this section, the owner of the locomotive shall, on summary non-comconviction thereof before two justices, be liable to a penalty pliance with not exceeding £10; but it shall be lawful for such owner, on proving that he has incurred such penalty by reason of the P rules. Ib. Limit of Use of locomotives re suspension and other bridges. 24 & 25 Vict. c. 70, s. 6. negligence or wilful default of any person in charge of or in attendance on such locomotive, to recover summarily from such person the whole or any part of the penalty he may have incurred as owner. Subject and without prejudice to the regulations hereinafter authorized to be made by local authorities, it shall not be lawful to drive any such locomotive along any turnpike road or public highway 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 £10. It shall not be lawful for the owner or driver of any locomotive to drive it over any suspension bridge, nor over any stricted over 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; and. in case such owner of the locomotive and surveyor of the road or bridge, or bridgemaster, shall differ in opinion as to the sufficiency of any bridge to sustain the transit of the locomotive, then the question shall be determined by an officer to be appointed, on the application of either party, by one of Her Majesty's Principal Secretaries of State, whose certificate of sufficiency of such bridge shall entitle the owner of the locomotive to take the same over such bridge. Restrictions as to the use of steamengines within 25 yards of roads not to apply to locomotives used for ploughing purposes. Any provision in any Act contained prohibiting, under penalty, the erection and use of any steam-engine, gin, or other like machine, or any machinery attached thereto, within the distance of twenty-five yards from any part of any turnpike road, highway, carriageway, or cartway, unless such steamengine, gin, or other like engine or machinery be within some house or other building, or behind some 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 Local autho- the engine do stop in proper time. 28 & 29 Vict. c, 83, s. 6. rities to make orders as to hours, etc., locomo tives may The following are the local authorities under the Act in England beyond the limits of the Metropolis, namely:In any borough in England the population of which shall have exceeded five thousand at the last census, the council of the borough; In any borough or town in England the population of which shall have exceeded five thousand at the last census, not within the jurisdiction of a council, but within the jurisdiction of any trustees or improvement commissioners appointed under any public or private Act of Parliament, the trustees or commissioners; orders. who may make orders as to the hours during which (and as to Penalty on the speed, not in any case to exceed two miles an hour, at acting conwhich) locomotives are to pass through the city or place sub- trary to such ject to their respective jurisdictions; and any person in charge 28 & 29 Vict. of a locomotive acting contrary to such regulations shall, on c. 83, s. 6. summary conviction, be liable to a penalty not exceeding £10. Every order made in pursuance of this section shall be reduced into writing, and shall have affixed thereto the common seal of the local authority, where they have a common seal, and shall be signed by the members of the local authority, or any two of them, where they have not a common seal. A copy of such order shall be affixed to some public place within the jurisdiction of the local authority, and advertised in some newspaper circulating within the jurisdiction of the local authority, and the production of a newspaper containing such advertisement shall be evidence of the copy having been advertised in pursuance of this Act. locomotives Where any turnpike or other roads, upon which locomotives Damage are or hereafter may be used, pass or are or shall be carried caused by over or across any stream or watercourse, navigable river, to bridges to canal, or railway, by means of any bridge or arch (whether be made good stationary or moveable), and such bridge or arch, or any of the by owners. walls, buttresses, or supports thereof shall be damaged by reason 24 & 25 Vict. of any locomotive or any waggon or carriage, drawn or pro- c. 70, s. 7. pelled 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 persons 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, interrruption, 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 as the pro |