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Id. s. 37.
less than 21
notice to be
prosecuted, enforced, and recovered before a court of Act '78, 6.36, summary jurisdiction in manner provided by the of summary
jurisdiction. Summary Jurisdiction Acts. If any party thinks himself aggrieved by any con
Appeal to viction 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: (1.) The appeal shall be made to the next practic- Appeal to
able court of quarter sessions for the county ticable
which the appeal is made; and (2.) The appellant shall, within ten days after the Written pronouncing by the court of the decision given within
10 days to appealed from, give notice to the other the other party and to the court of summary jurisdiction of his intention to appeal and of the
jurisdiction, ground thereof; such notice of appeal shall % intention be in writing signed by the person or and of the 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 Within 3
such notice, enter into a recognizance before notice, appel. a justice of the peace, with two sufficient into resureties, conditioned personally to try such cienzance appeal, and to abide the judgment of the Sureties, or
give court thereon, and to pay such costs as may deposit or
security by be awarded by the court, or give such other money, &c, security by deposit of money or otherwise as the justice may allow; and
party and to court of summary
thereof signed by appellant or solicitor.
lant to enter
adjourn appeal and confirm, &c., the decision, or remit the matter to court of summary jurisdiction with opinion of court of appeal, &c. Il 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
Scale of tolls to be
passing of this Act.
on turnpike and other roads should be regulated by aniform general provisions, and that tolls should be levied upon such locomotives and the waggons or carriages drawn by such locomotives upon turnpike roads : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 (a). From and after the passing of this Act all taken after trustees, corporations, commissioners, and other per
sons acting under and in execution of any existing general or local Turnpike Road Act or public
Act shall demand and take tolls not exceeding the tolls following; that is to say :For every locomotive (b) 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 by any such Act made payable being charged on the horse or horses drawing any such waygon, 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 equal to one horse drawing such waggon,
, wain, cart, or carriage; which tolls respectively shall be payable so often as tolls made payable as aforesaid for such waggon, wain, cart, or carriage
Act '81, s. J. shall be payable at the same gate: provided always, that if the wheels of such locomotive shall rest upon any shoe or other bearing the surface of which shall bear upon the ground so as to prevent the wheels coming in contact therewith, such and the same tolls only shall be demanded and payable as if the wheels thereof
were of a width similar to such shoe or bearing: For every waggon, wain, cart or carriage drawn (6)
or propelled by any locomotive, for each pair of
payable at the same gate :
(a) This section, it will be observed, is confined to roads which are governed by General or Local Turnpike Road Acts or Public Bridge Acts. Consequently in all other cases locomo