LICENSING LOCOMOTIVES; AND TOLLS ON TURNPIKE ROADS, &c. locomotives. A county authority may from time to time make, Act '78, s. 32. alter, and repeal bye-laws for granting annual li- License to censes to locomotives (not being locomotives used solely for agricultural purposes) used within their county, and the fee (not exceeding £10), to be paid in respect of each license. The owner of any locomotive for which a license is required under any bye-law so made, who uses or permits it to be used in contravention of any such byeław, is liable to a fine, not exceeding 40s., for every day on which it is so used. All fees received under this section are to be carried to and applied as part of the county rate. Tolls to be taken for locomotives. Trustees, corporations, commissioners, and other Act '61, s. 1. persons acting under and in execution of any general or local Turnpike Road Act, or Public Bridge Act existing on the 1st of August, 1861, shall demand and take tolls not exceeding the following; that is to say: For every locomotive propelled by any power, containing within itself the machinery for its own propulsion, such a toll for every two tons weight, or fractional part of every two tons weight that such locomotive shall weigh as shall be equal to the toll or tolls by their respective Acts, made payable for every horse drawing any waggon, wain, cart, or carriage, with wheels of a width similar to those of such locomotive; or in the case of a toll charged on the horse or horses drawing any such waggon, wain, cart, or carriage, without reference to the width of the wheels thereof, then such a toll for every two tons or fractional part thereof, that such locomotive shall weigh, as shall be Act '61, s. 1. equal to one horse drawing such waggon, wain, cart, 126, s. 9. or carriage. These tolls are payable so often as tolls made payable for such waggon, wain, cart, or carriage are payable at the same gate; With a proviso that if the wheels of the locomotive rest upon any shoe or other bearing, the surface of which bears upon the ground so as to prevent the wheels coming in contact therewith, the same tolls only shall be payable as if the wheels thereof were of a width similar to such shoe or bearing. For every waggon, wain, cart, or carriage drawn or propelled by any locomotive, for each pair of wheels thereof such a toll as shall not exceed the toll by the respective Acts made payable for two horses drawing any waggon, wain, cart, or carriage with wheels of a similar width, and for every additional wheel thereof one half toll in addition to the said toll. Or in the case of a toll charged on the horse or horses drawing any such waggon, wain, cart, or carriage, without reference to the width of the wheels thereof, then such a toll for each wheel as shall be equal to one horse drawing such waggon, wain, cart, or carriage. These tolls are payable so often as the toll made payable for such waggon, wain, cart, or carriage, drawn by horses is payable at the same gate. With a proviso that in every case where the wheels of any waggon, wain, cart, or carriage are not 3 Geo. 4, c. cylindrical, as described in the Act 3 Geo. 4, c. 126, s. 9, the toll payable in respect thereof shall be one half more.. All waggons, wains, carts, or carriages, drawn by from toll of any locomotive, and loaded with any materials such as on the 1st August, 1861, were exempt from toll under the provisions of any General or Local Act, are Act '81, s. 10. waggons, &c., continued. entitled to the same exemption as if drawn by animal Act’61, s. 10. power. Id. s. 4. Weight to be No waggon, wain, cart, or carriage drawn or propelled as aforesaid, not having cylindrical wheels, can carried. carry any greater weight than is permitted by the General Turnpike Act. And no waggon, wain, cart, or carriage having cylindrical wheels can carry over and 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 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 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 may carry one sixth more weight in addition to the abovementioned weights upon each pair of wheels: Provided that the regulation of weight herein Exceptions mentioned 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 or 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. Act '61, s. 6. of use over suspension and other bridges. Id. s. 7. Damage caused by locomotives be made good by owners, &c. INSUFFICIENCY OF BRIDGE TO CARRY WEIGHT; No owner or driver of any locomotive can drive it over any suspension bridge, nor over any 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 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. Where any turnpike or other roads upon which locomotives are used, pass, or are carried over or across to bridges to any stream or watercourse, navigable river, canal, or railway by means of any bridge or arch (whether stationary or moveable), and such bridge or arch, or any of the walls, buttresses, or supports thereof are damaged by reason of any locomotive or any waggon or carriage drawn or propelled 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 person interested in or having the charge of such navigable river, canal, or railway, or the tolls Act '61, s. 7. thereof, or of such bridge or arch, are liable to repair or make good any damage so occasioned, or to make compensation to any person for any obstruction, interruption, or delay which may arise therefrom to the use of such bridge or arch, navigable river, canal, or railway; but every such damage must 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 owners and persons having the charge of such locomotive are also liable, both jointly and severally, to reimburse and make good as well to the proprietors, undertakers, directors, conservators, trustees, commissioners, and other persons interested in or having the charge of any such navigable river, canal, or railway, or the tolls thereof, or of such bridge or arch, as to all persons navigating on or using, or who but for such obstruction, interruption, or delay would have navigated on or used the same, all losses and expenses which they or any of them may sustain or incur by reason of any such obstruction, interruption, or delay, such losses and expenses to be recoverable by action at law; which action, in case of such proprietors, undertakers, directors, conservators, trustees, commissioners, or other persons so interested as aforesaid, may be brought in the name or names of their agent or agents, clerk or clerks for the time being, or by any person or persons legally authorized to act in their behalf. |