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note (d), it has been considered unnecessary to print the section, Act '81, s. 8. although it still applies to Ireland.
Exemption 10. All waggons, wains, carts, or carriages, as
from tolls of herein before described, drawn (k) by any locomotive, wagsons,
&c., now exand loaded with any materials such as are now exempt empt under from toll under the provisions of any general or local or local Act. Act, shall be entitled to the same exemption as they would be if drawn by animal power.
(k) The waggons, &c., here referred to are those described in the 3rd par. sect. 1, ante, p. 231. That section, however, includes waggons, &c.,“ drawn or propelled” by a locomotive; whereas sect. 10 only applies to waggons, &c., "drawn” by a locomotive. Consequently waggons which are propelled by a locomotive seem to be excluded from the benefit of the exemption which would attach to them if they were drawn, instead of being propelled,
12. All the clauses and provisions of any general or Provisions local Acts relating to turnpike roads or highways shall, Acts relating
to Turopike so far as the same are not expressly altered or repealed Roads by or are not inconsistent with the provisions of this apply toeloAct, apply to all locomotives propelled by other than animal power (m), and to all waggons, wains, carts, and carriages of any other description drawn (n) by such locomotive, and to the owners, drivers, and attendants thereof, in like manner as it drawn by animal power: provided (o) always, that the weight of every locomotive and the name of the owner or owners thereof, shall be conspicuously and legibly affixed thereon ;
any owner not having affixed such weight and such name shall, upon conviction thereof
Act '61, s. 12. before two justices, forfeit any sum not exceeding £5;
and any owner who shall fraudulently affix thereon any incorrect weight shall, upon conviction thereof, forfeit any sum not exceeding £10.
(m) The locomotives on which toll is imposed by sect. 1, are those“ propelled by any power, containing within itself the machinery for its own propulsion.” Sect. 12 extends beyond this, and applies the provisions of the Turnpike Acts to all locomotives whatsoever propelled" by other than animal power,” no matter whether that power does or does not“ contain within itself the machinery for its own propulsion.” In point of fact, it seems difficult to understand how the power can contain within itself the machinery for its own propulsion, although one could have well understood bow the locomotive might have contained such machinery.
A locomotive, propelled by its own steam power, having on it gear necessary for working a plough, passed through a turnpike gate on its way to a farm not occupied by the owner of the engine, and more than three miles from the gate, to drive a plough which, from its construction, could not be used without a steam engine and gear. And it was held that the locomotive was liable to toll, under sect. 1, being only exempt under 3 Geo. 4, c. 126, 8.32, like a horse, when it had not gone more than two miles on the road : Skinner v. Visger, L. R. 9 Q. B. 199, 24 J.P. 534.
The case of Reg. v. Matty, 22 J. P. 575, 27 L. J. m. 59, illustrates the state of the law before the passing of this section. In that case the keeper of a turnpike gate had been convicted of taking toll in respect of a moveable steam engine exclusively employed for the purpose of working a threshing machine. The steam engine was drawn by horses, and was following a threshing machine, also drawn by horses, and both were going along a turnpike road to a farm, to be employed there in threshing corn. Exemption was claimed for both as implements of husbandry, but the toll taker demanded and received the toll in respect of the steam engine, demanding none in respect of the threshing machine.
The sessions, having on appeal, confirmed the conviction, subject to a case, it was held by the Court of Queen's Bench, that as the steam engine was to be employed to work the threshing machine, it must be considered as part of the threshing machine, and therefore was free from toll, and consequently that the conviction was right.
And Lord Campbell, C. J., added, that “if the steam engine had been going along the road by itself for the sole purpose of working the threshing machine, it may be that it would also be exempt. If it had been going along the road for the purpose of being employed for some other purpose as well as
moving a threshing machine, it may be that it would not be Act '61, s. 12. exempt."
(n) The power to take toll under sect. 1, extends to waggons, &c. “ drawn or propelled” by any locomotive, but this section only applies to those which are drawn by locomotives.
(0) Affixing the weight of the locomotive and the name of the owner appears to be a condition precedent to the application of the clauses and provisions of the general Turnpike Acts. The liability to the penalty for default seems to be a cumulative punishment which attaches to the owner independently of the non-applicability of such clauses and provisions. The name and residence of the owner are also required to be affixed to the locomotive under a penalty not exceeding £2 (See 28 & 29 Vict. c. 83, s. 7.)
13. Nothing in this Act contained shall authorize Right of acany person to use upon a highway a locomotive engine oi nuisance. which shall be so constructed or used as to cause a public or private nuisance; and every such person
; so using such engine shall notwithstanding this Act, be liable to an indictment or action, as the case may be, for such use, where, but for the passing of this Act, such indictment or action could be maintained.
14. This Act may be cited as the “ Locomotive Short title: Act, 1861."
LOCOMOTIVES ACT, 1865.
28 & 29 VICT. c. 83.
An Act for further regulating the Use of Locomotives
on Turnpike and other Roads for agricultural and other Purposes.
[5th July, 1865.]
24 & 25 Vict. WHEREAS by the Locomotives Act, 1861, certain
provision was made for regulating the use of locomotives on turnpike and other roads, and it is expedient that further and fuller provision should be made for that object: 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:
Commencement of Act.
1. This Act shall not come into operation till the 1st September, 1865, which day is hereinafter referred to as the commencement of the Act, and shall cease and determine on the 1st September, 1867 (a).
(a) The Act has since been continued by the 41 & 42 Vict. c. 70, and previous continuance Acts, to the 31st December, 1879.
Certain sections of 24 &
2. After the commencement of this Act, and so long 25 Vict.c.70 as the same shall continue in force, the 5th, 9th, 11th, repealed.
and 15th sections of the said recited Act, and all orders made in pursuance of the said 5th section, are hereby repealed.
3. Every locomotive propelled by steam or any Act '65, s. . other than animal power on any turnpike road or Rules for public highway shall be worked according to the of working following rules and regulations, viz. :
roads and 1st. At least three persons shall be employed to drive hizlways
or conduct such locomotive, and if more than
take charge of such waggons or carriages :
much space as possible for the passing of other
sounded for any purpose whatever : nor shall
upon the road :
5th. Every such locomotive shall be instantly
stopped on the person preceding the same, or
require such locomotive to be stopped :
shall provide two efficient lights to be affixed
Penalty on In the event of a non-compliance with any of the non-com
pliance with provisions of this section, the owner of the locomotive rules.