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license loco

32. A county authority may from time to time Act 78, s. 32. make, alter, and repeal bye-laws (d) for granting Power of annual licenses to locomotives (e) used within their thority to county, and the fee (not exceeding ten pounds) to be motives. paid in respect of each license; and the owner of any locomotive for which a license is required under any bye-law so made who uses or permits the same to be used in contravention (f) of any such bye-law shall be liable to a fine not exceeding forty shillings for every (g) day on which the same is so used.

All fees received under this section shall be carried to and applied as part of the county rate.

This section shall not apply to any locomotive used solely for agricultural purposes.

(d) See note (a), supra.

(e) The license, it will be observed, will be granted to the locomotive, and not to its owner. It will, consequently, pass with the locomotive, and will continue in force during the year, notwithstanding any number of changes in the ownership of the engine. It will not be required in the case of a locomotive used solely for agricultural purposes.

(f) Using the locomotive in contravention of the bye-law means, it is presumed, using it without a license.

(g) See sect. 30, note (z), supra.

Part II. of

Act.

33. This part of this Act shall remain in force so Duration of long only as the Locomotive Act, 1865, continues in force (h).

(2) The Locomotive Act, 1865, is continued in force by 41 & 42 Vict. c. 70, up to 31st December, 1879.

28 & 29 Vict.

c. 83.

Act '78, s. 34.

Confirmation of provi

sional order.

Confirmation of bye-laws.

Recovery of

penalties and expenses.

PART III.

PROCEDURE AND DEFINITIONS.

34. It shall be lawful (i) for the Local Governnment 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.

(i) Although these words are permissive, it is nevertheless imperative on the Local Government Board to submit such orders to Parliament for confirmation, unless, perhaps, it can be shown that there are special reasons which, if known at the time of the making of the order, would have prevented its being made at all. (See Maxwell on the Interpretation of Statutes, pp. 218-224.) The 16th section is the only provision in the Act to which this section applies.

35. A bye-law (j) 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 (k) 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.

(3) The only sections under which bye-laws can be made are the 26th, 31st, and 32nd.

(k) This means" calendar month” (13 & 14 Vict. c. 21, s. 4.)

36. All offences, fines, and expenses under this Act (1), or any bye-law made in pursuance of this Act (1), may be prosecuted, enforced, and recovered before a

court of summary jurisdiction in manner provided by Act '78, s. 36. the Summary Jurisdiction Acts.

The expression "the Summary Jurisdiction Acts" means the Act 11 & 12 Vict. c. 43, "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 information 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.

(7) This section is confined to offences, &c., "under this Act," and consequently is not applicable to offences, &c., under any other Highway or Locomotive Act. There is no provision in the Act, as in 27 & 28 Vict. c. 101, s. 2, and in 28 & 29 Vict. c. 83, s. 13, requiring it to be construed as one Act either with the Highways, or Locomotives Acts, and therefore, no difficulty can arise on that account.

peal to quar

37. If any party thinks himself aggrieved by any Form of apconviction or order made by a court of summary juris- ter sessions. diction on determining any information or complaint under this Act (1), the party so aggrieved may appeal

Act '78.s.37. therefrom, subject to the conditions and regulations

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(1.) The appeal shall be made to the next practicable

court of quarter sessions for the county or

place where the

decision appealed from was

given holden not less than twenty-one days after the decision of the court from which

the appeal is made; and

(2.) The appellant shall, within ten days after the
pronouncing by the court of the decision ap-
pealed from, give notice to the other party
and to the court of summary jurisdiction of
his intention to appeal and of the ground
thereof; such notice of appeal shall be in
writing signed by the person or persons
giving the same, or by his, her, or their
solicitor on his, her, or their behalf; and
(3.) The appellant shall, within three days after such

notice, enter into a recognizance before a
justice of the peace, with two sufficient
sureties, conditioned personally to try such
appeal, and to abide the judgment of the
court thereon and to pay such costs as may
be awarded by the court, or give such other
security by deposit of money or otherwise as
the justice may allow ; and

(4.) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody.

(5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the

court of summary jurisdiction, or remit the Act '78, s. 37.
matter to the court of summary jurisdiction
with the opinion of the court of appeal
thereon, or make such other order in the
matter as the court thinks just, and if the
matter be remitted to the court of
summary
jurisdiction the said last-mentioned court
shall thereupon re-hear and decide the in-
formation or complaint in accordance with
the opinion of the said court of appeal.
The court of appeal may also make such
order as to costs to be paid by either party
as the court thinks just.

(7) This section, like the 36th, is confined to proceedings "under this Act," and does not apply to convictions or orders made under the other Highway or Locomotives Acts.

38. In this Act

Interpretation.

c. 61.

101.

"County" has the same meaning as it has in the 25 & 26 Vict. Highway Acts, 1862 and 1864, except that every 27 & 28 Vict. liberty not being assessable to the county rate of c. the county or counties within which it is locally situate shall, for the purposes of this Act other than those relating to the formation and alteration of 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: "Borough" means any place for the time being subject to the Act 5 & 6 Will. 4, c. 76, "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

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