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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.
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.
(6) 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.
Repeal of former
as to tolls
2. All clauses and provisions in any local or general enactments Turnpike Road Act or public Bridge Act authorizing to be taken tolls to be demanded or taken upon locomotives or car
riages drawn by steam or any other than animal power, different to the tolls herein provided for, shall so far as the 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.
(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.
4. It shall not be lawful for any waggon, wain, cart, As to the
weight on 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 '01, 6. 4. carry 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 shall be allowed to carry one-sixth more weight in addition to the above mentioned weights upon each pair of wheels : Provided (f) 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.
(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.
Use of locomotives restricted over suspen. sion and other bridges.
6. It shall not be lawful for the owner or driver of 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
taining the consent of the surveyor of the road or Act ’61, s. 6. 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, shall 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.
7. (h) Where any turnpike or other roads, upon Damage which locomotives are or hereafter may be used, pass locomotives
to bridges or are or shall be carried over or across any stream or to be mado watercourse, navigable river, canal, or railway, by Swners
good 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, shall be 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 thereof, or of such bridge or arch, shall be liable to repair or make good any damage so to be 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 shall be forthwith repaired to the satisfaction of the proprietors, undertakers, direc
Aet '61, s. 7. tors, 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 owner and owners, person and persons, having the charge of such locomotive as aforesaid, shall also be 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.
(h) This section does not apply to county bridges, Reg. v. Kitchener, L. R. 2 C. C. 88, 34 J. P. 134. It is confined to bridges in the nature of private property.-Id.
(ë) Repealed by 41 & 42 Vict. c. 77, s. 30, so far as relates to England, and other provisions made on the same subject as to England. The substituted provisions, however, are only temporary. But, for reasons already mentioned, ante p. 233, sect. 3,