necessary to stop, and to assist horses, and carriages Act '65, s.6. drawn by horses, passing the same, and provided the driver of the engine do stop in proper time. Indictment case of No person is authorized by the Locomotive Act, Act '61, s. 13. 1861, to use upon a highway a locomotive engine so or action in constructed or used as to cause a public or private nui- nuisance. sance ; and every person so using such engine is liable to indictment or action for such use, where, but for the passing of that Act, such indictment or action could be maintained. Actions for or damage. No person is authorized by the Locomotives Act, Act'65, s. 12. 1865, to use a locomotive so constructed or used as to nuisance be a public nuisance at common law; and nothing therein contained shall affect the right of any person to recover damages in respect of any injury he may have sutsained in consequence of the use of a locomotive. BYE-LAWS. of Act '78, s. 31, the Local autho rities may make bye the laws as to hours during Jocomotives roads. The mayor, aldermen, and commons in the city London, and the Metropolitan Board of Works in metropolis, exclusive of the city of London, and council of any borough which has a separate court of which quarter sessions, and the county authority of any may not county, may make bye-laws as to the hours during pass over which locomotives are not to pass over the turnpike roads or highways situate within the areas respectively above-mentioned the hours being in all cases consecutive hours, and no more than 8 out of the 24, and for regulating the use of locomotives upon any highway, or preventing such use upon every bridge where such Preventing authority is satisfied that such use would be attended bridges. with danger to the public; Any person in charge of a locomotive acting con use on Act '78,5,81, trary to such bye-laws is liable to a fine not exceeding £5. Id. s. 32. County authority may make A county authority may from time to time make, alter, and repeal bye-laws for granting annual licenses bye-laws to locomotives used within their county, and the fee for licensing (not exceeding £10) to be paid in respect of each license; locomotives. Id. s. 35. Confirmation. Notice of intention to apply for confirma tion. Id. s. 36: Fines and expenses recoverable 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 of any such bye-law shall be liable to a fine not exceeding 40s. for every day on which the same is so used. All fees received under this section are to be carried to and applied as part of the county rate. This section does not apply to any locomotive used solely for agricultural purposes. A bye-law made under the Highways and Locomotives (Amendment) Act, 1878, and any alteration made therein, and any repeal of a bye-law, is of no validity until it has been submitted to and confirmed by the Local Government Board. No such bye-law, nor any alteration, addition, or repeal, can be confirmed until the expiration of one month 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. RECOVERY OF PENALTIES AND APPEAL UNDER All offences, fines, and expenses under the Highways and Locomotives (Amendment) Act, 1878, or before court any bye-law made in pursuance of that Act, may be prosecuted, enforced, and recovered before a court of Act '78, s.36, summary jurisdiction in manner provided by the of summary Summary Jurisdiction Acts. jurisdiction. Id. s. 37. Appeal to sessions. If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdic- quarter tion on determining any information or complaint under this Act, the party so aggrieved may appeal therefrom, subject to the conditions and regulations following: next prac sessions (1.) The appeal shall be made to the next practic- Appeal to able court of quarter sessions for the county ticable or place where the decision appealed from holden not was given holden not less than twenty-one days after days after the decision of the court from which the appeal is made; and less than 21 decision. notice to be 10 days to party and to summary (2.) The appellant shall, within ten days after the Written pronouncing by the court of the decision given within appealed from, give notice to the other the other party and to the court of summary jurisdic- court of tion of his intention to appeal and of the jurisdiction, ground thereof; such notice of appeal shall to appeal be in writing signed by the person or and of the persons giving the same, or by his, her, or thereof their solicitor on his, her, or their behalf; appellant or and of intention ground signed by solicitor. after Within 3 days after notice, appel before lant to enter (3.) The appellant shall, within three days such notice, enter into a recognizance a justice of the peace, with two sufficient into resureties, conditioned personally to try such with 2 appeal, and to abide the judgment of the sureties, or cognizance give other security by court thereon, and to pay such costs as may deposit of be awarded by the court, or give such other money, &c, security by deposit of money or otherwise as the justice may allow; and Act '78, s. 37. Appellant may be liberated from custody on entering into recognizance, &c Court may adjourn appeal and confirm, &c., the decision, or remit the matter to court of summary jurisdiction with opinion of court of appeal, &c. If matter remitted court of summary jurisdiction to rehear and decide according to opinion of court of appeal. Court of appeal may make order as to costs. (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 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 information 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. N.B.-The foregoing provisions only apply to offences, &c., under 41 & 42 Vict. c. 77. Penalties incurred under 24 & 25 Vict. c. 70, s. 12, and 28 & 29 Vict. c. 83, ss. 3, 4, 7, must consequently still be recovered under 11 & 12 Vict. c. 43, and the Acts amending that Act; and there is no appeal from the conviction. LOCOMOTIVES ACT, 1861. 24 & 25 VICT. C. 70. An Act for regulating the Use of Locomotives on Turnpike and other Roads, and the Tolls to be levied on such Locomotives and on the Waggons and Carriages drawn or propelled by the same. [1st August, 1861.] WHEREAS the use of locomotives is likely to become common on turnpike and other roads: and whereas the general Turnpike and Highway Acts and many of the local Turnpike Acts do not contain any provisions for regulating the use of locomotives on the roads to which they respectively apply, nor do they authorize the levying of tolls upon or in respect of any locomotive using the roads, or upon or in respect of any waggon or carriage drawn by locomotives: and whereas under and by virtue of certain local Turnpike Acts tolls may be levied upon locomotives and other engines drawing or propelling waggons or carriages, or upon the waggons or carriages so drawn or propelled, which are or may be prohibitory of the use of locomotives on the roads to which the said Acts respectively apply: and whereas the weighing clauses in the general Turnpike Acts have not been framed in anticipation of traffic by locomotives, and are in many respects ill adapted to the profitable carrying of goods, or to the levying of just and adequate tolls upon waggons or carriages drawn by locomotives: and whereas it is desirable that the use of locomotives |