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Act '61

Scale of

tolls to be

passing of this Act.

on turnpike and other roads should be regulated by uniform 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 persons acting under and in execution of any existing general or local Turnpike Road Act or public Bridge 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 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 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

shall be payable at the same gate: provided Act '61, s. J. 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 (b) or propelled by any locomotive, for each pair of wheels thereof such a toll as shall not exceed the toll by their 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 by any such Act made payable being 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; which said toll or tolls shall be payable so often as the toll made payable as aforesaid for such waggon, wain, cart, or carriage drawn by horses shall be payable at the same gate:

Provided always that in every case where the wheels of any waggon, wain, cart, or carriage shall not all be cylindrical, as described in the Act 3 Geo. 4, c. 126, s. 9, the toll payable in respect thereof shall be one half more.

(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

Act '61, s. 1. tives can be used on highways like any other description of traffic without any payment whatever. To meet in some degreethe injustice arising from this state of things, power is now conferred upon the justices in quarter sessions by the 32nd section of the recent Act, 41 & 42 Vict. c. 77 (ante, p. 205) to license locomotives upon payment of a fee not exceeding £10, which is to be carried to and applied as part of the county rate. Locomotives used solely for agricultural purposes are, however, excepted from this provision.

Repeal of former

enactments

as to tolls

to be taken

for locomotives.

To a certain extent this, no doubt, is a palliation of the evil arising from the unrestricted use of locomotives upon ordinary highways. But it is obvious that the real sufferer, viz., the parish or highway district, gets little or no benefit from the fee, and consequently will practically be no better off than before, unless it avails itself of the power conferred by the 23rd section of the same Act of recovering compensation for extraordinary expenses incurred in repairing the highway by reason of the damage caused by excessive weight passing over it.

It must, however, be borne in mind that both the power to license locomotives and that of recovering compensation are temporary, and merely remain in force so long as the Locomotive Act, 1865, continues in force, viz., until the 31st December, 1879 (see 41 & 42 Vict. c. 77, s. 33). And it may also be remarked that the license applies to any locomotive "propelled by steam or by any other than animal power" (Id. s. 38), whereas toll is only payable under sect. 1 of the Locomotive Act, 1861, upon every locomotive "propelled by any power containing within itself the machinery for its own propulsion," whatever that may mean.

(b) See sect. 10 as to the exemption from toll of waggons, &c., "drawn by any locomotive;" and sect. 12 as to the application of the provisions of general Acts to "locomotives propelled by other than animal power, and to all waggons . . . drawn by such locomotive." Neither of these provisions applies to waggons, &c., "propelled by any locomotive." They are consequently not co-extensive with the provision in this section, whilst the description of the power of propulsion in sect. 12 also varies from that contained in the 1st section.

2. All clauses and provisions in any local or general Turnpike Road Act or public Bridge Act authorizing tolls to be demanded or taken upon locomotives or carriages drawn by steam or any other than animal power, different to the tolls herein provided for, shall so far asthe same relate to such tolls, be and the same are hereby repealed: Provided always, that this enact-

ment shall not be deemed or construed to extend to Act 61, s. 2. any tolls authorized to be taken in respect of any private roads or private bridges, or to the roads comprised in "The Commercial Roads Continuation Act, 1849" (c).

(c) 12 & 13 Vict. c. lxxvi. See also Rapley v. Richards, 28 J.P. 486, as an instance of a local turnpike Act authorizing toll to be demanded for a locomotive different from that mentioned in sect. 1 supra.

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(d) This section is repealed as to Scotland by 41 & 42 Vict. c. 58, s. 3, and as to England by 41 & 42 Vict. c. 77, s. 28. But as that part of the latter Act which amends the Locomotive Acts, 1861 & 1865, is only operative so long as the Locomotive Act, 1865, continues in force, viz., until the 31st December, 1879, the repeal is only temporary. In all probability, however, that part of the Act will be further continued, and as it contains substituted provisions as to England for those in 24 & 25 Vict. c. 70, s. 3, there seems to be no other reason for printing the latter section than that it still applies to Ireland.

Two decisions have been given on the provisions of the section, viz., Stringer v. Sykes, 2 Ex. D. 240, and Body v. Jeffery, 3 Ex. D. 95. But as they relate to provisions which have been altered by the recent Act and are, no longer operative in England, it is considered sufficient to refer to them in general terms.

weight on

wheels.

4. It shall not be lawful for any waggon, wain, cart, As to the or other carriage so drawn or propelled as aforesaid, each pair of not having cylindrical wheels, to carry any greater weight than is permitted in such waggon, wain, cart, or carriage by the general Turnpike Act (e); 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

Act '61, s. 4. carry a greater weight than three tons for each pair of

Use of locomotives

over suspen

sion and other bridges.

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 (ƒ) 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 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.

(e) 3 Geo. 4, c. 126, ss. 12-16, both inclusive.

(f) The exemptions contained in the proviso are the same as in 3 Geo. 4, c. 126, s. 16, and 4 Geo. 4, c. 95, s. 21.

5. (g) *

*

*

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(g) The 5th, 9th, 11th, and 15th sections of this Act are repealed by 28 & 29 Vict. c. 83, s. 2, so long as that Act continues in force. Originally the duration of the latter Act was limited to the 1st September, 1867; but the Act has since been continued by the 41 & 42 Vict. c. 70, and previous continuance Acts, to the 31st December, 1879.

6. It shall not be lawful for the owner or driver of restricted any locomotive to 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 ob

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