C. 70.

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.

Certain sec

tions of 24 &

repealed.

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.

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11th, and 15th sections of the said recited Act, and all orders made in pursuance of the said 5th section, are hereby repealed.

the manner

3. Every locomotive propelled by steam or any Act '65, s. 3. 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. :

locomotives on turnpike roads and

herein

stated.

1st. At least three persons shall be employed to drive highways or conduct such locomotive, and if more than two waggons or carriages be attached thereto, an additional person shall be employed, who shall take charge of such waggons or carriages :

2nd. (b)

3rd. The drivers of such locomotives shall give as much space as possible for the passing of other traffic:

4th. The whistle of such locomotive shall not be sounded for any purpose whatever nor shall the cylinder taps be opened within sight of any person riding, driving, leading or in charge of a horse upon the road; nor shall the steam be allowed to attain a pressure such as to exceed the limit fixed by the safety valve, so that no steam shall blow off when the locomotive is upon the road:

5th. Every such locomotive shall be instantly stopped on the person preceding the same, or

any

other person with a horse or carriage drawn by a horse, putting up his hand as a signal to require such locomotive to be stopped :

6th. Any person in charge of any such locomotive shall provide two efficient lights to be affixed conspicuously, one at each side on the front of the same, between the hours of one hour after sunset and one hour before sunrise:

Penalty on

pliance with

In the event of a non-compliance with any of the non-comprovisions of this section, the owner of the locomotive rules.

R

Act 55, s. 3. shall, on summary conviction thereof before two justices, be liable to a penalty not exceeding £10; but it shall be lawful for such owner on proving that he has incurred such penalty by reason of the negligence or wilful default of any person in charge of or in attendance on such locomotive, to recover summarily from such person the whole or any part of the penalty he may have incurred as owner.

Limit of speed of

(b) This paragraph is repealed, as to Scotland by 41 & 42 Vict. c. 58, s. 4; and as to England, by 41 & 42 Vict. c. 77, s. 29, and another paragraph substituted for it (ante, p. 203 ). As it now only applies to Ireland, it has been omitted as inapplicable to an edition intended merely for the use of English readers.

It should, however, be mentioned that the repeal is only temporary, as that part of 41 & 42 Vict. c. 77, which amends the Locomotive Acts, 1861 and 1865, is only operative so long as this Act continues in force, viz., until the 31st December, 1879. (See 41 & 42 Vict. c. 77, s. 33.)

4. Subject and without prejudice to the regulations locomotives hereinafter authorized to be made by local authorities, on turnpike it shall not be lawful to drive any such locomotive along

roads and

highways.

Restrictions

as to the use

any turnpike road or public highway at a greater speed than four miles an hour, or through any city, town or village at a greater speed than two miles an hour; and any person acting contrary thereto shall for every such offence, on summary conviction thereof, forfeit any sum not exceeding £10.

(c) 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, and other provisions substituted for it. Similar remarks to those already made in note (b), supra, apply to this section and account for its omission.

6. Any provision in any Act contained (d) prohibiting, of steam en- under penalty, the erection and use of any steam engine, 25 yards of gin, or other like machine, or any machinery attached roads not to thereto within the distance of twenty-five yards from

gines within

apply to

used for

purposes.

any part of any turnpike road, highway, carriageway, Act '65, s. 6. or cartway, unless such steam engine, gin, or other locomotives like engine or machinery be within some house or ploughing other building, or behind some wall, fence, or screen sufficient to conceal or screen the same from such turnpike road, highway, carriageway, or cartway, shall not extend to prohibit the use of any locomotive steam engine for the purpose of ploughing within such distance of any such turnpike road, highway, carriageway, or cartway, provided a person shall be stationed in the road, and employed to signal the driver when it shall be necessary to stop and to assist horses, and carriages drawn by horses, passing the same, and provided the driver of the engine do stop in proper time.

(d) The provisions here referred to are contained in 5 & 6 Will. 4, c. 50, s. 70, with regard to highways; and in 27 & 28 Vict. c. 75, s. 1, which made similar but amended provisions, with respect to turnpike roads.

1n Smith v. Stokes, 32 L. J., m., 199, 27 J. P., 535, it was held that a portable engine on wheels drawn by horses from place to place and used to drive a threshing machine within a barn without being fixed into the ground, is a steam engine within the meaning of 5 & 6 Will. 4, c. 50, s. 70. But the owner of such an engine let out to hire cannot be convicted if he was not present and took no part in fixing the engine within the prohibited distance (Harrison v. Leaper, 26 J. P., 373).

residence of

affixed to

7. The name and residence of the owner of every Name and locomotive shall be affixed thereto in a conspicuous owner to be If it is not so affixed the owner shall, on locomotives. summary conviction, be liable to a penalty not exceeding £2 (e).

manner.

(e) The 12th section of 24 & 25 Vict. c. 70 also requires the owner to affix the weight of the engine and his own name, under a penalty of £5 in case of failure to do so.

(f) This section is repealed as to Scotland by 41 & 42 Vict. c. 58, s. 5; and as to England by 41 & 42 Vict. c. 77, s. 31, and

Art65, s. 8. other provisions substituted for it. Similar remarks to those already made in note (b), supra, apply to this section, and account for its omission.

Sect. 41 of 25 & 26 Vict. c. 93, not to be affected.

Saving as to

action. at

law.

Short title,

(g) This section applies to Ireland only, and is consequently

omitted.

11. Nothing in this Act contained shall repeal, alter, or in any way affect the provisions of the 41st section of the Thames Embankment Act, 1862.

12. Nothing in this Act contained shall authorize any person to use a locomotive which may be so constructed or used as to be a public nuisance at common law, and nothing herein contained shall affect the right of any person to recover damages in respect of any injury he may have sustained in consequence of the use of a locomotive (h).

(h) In Watkins v. Reddin, 2 F. & F. 629, an action was maintained by a person who had sustained an injury through his horse being frightened by a traction engine used on a highway, under 24 & 25 Vict. c. 70, the jury finding that the engine was likely to frighten horses, and that the defendant knew it: and semb. the scienter is not material. In instructing the jury, Erle, C. J., said " The plaintiff is entitled to your verdict, if the engine was calculated by its noise or appearance to frighten horses, so as to make the use of the highway dangerous to persons riding or driving horses. For the defendant has clearly no right to make a profit at the expense of the security of the public."

13. This Act may be cited as The Locomotives Act, 1865; and The Locomotives Act, 1861, and this Act, shall be construed together as one Act.