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Act '85, 8. 8. shall, on summary conviction thereof before two jus

tices, 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.

(6) This paragraph is repealed, as to Scotland by 41 & 42 Vict.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.) Limit of 4. Subject and without prejudice to the regulations speed of iocomotives hereinafter authorized to be made by local authorities, on turnpike

it shall not be lawful to drive any such locomotive along highways.

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.

5. (C)

(c) This section is repealed as to Scotland by 41 & 42 Vict.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 (6), 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

thereto within the distance of twenty-five yards from apply to

roads and

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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.

In 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).

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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 summary conviction, be liable to a penalty not exceeding £2 (e).

(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.

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8. (f.)

(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

AC166, s. 8. other provisions substituted for it. Similar remarks to those

already made in note (6), supra, apply to this section, and account for its omission.

9. (9.)

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10. (g.)

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

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

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.

Saving as to actions at law.

12. Notuing 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 main. tained 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.”

Short title,

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.

INDE X.

Accounts, provision to be made for adjustment, on alteration of

district, 18, 112. Local Government Board may provide for adjustment, on

alteration of boundaries of rural sanitary district, 38, 170. of expenses of maintenance of main roads, how to be kept

and audited, 47, 186 ; in default, county authority may

withhold contribution, 47, 187. of highway districts and parishes to be made up and

balanced to 25th March, and audited by auditor of poor law district, 67, 173; books open to inspection, 68, 147 ;

reference to arbitration on appeal as to, 71, 150. Action, for using locomotive so constructed as to cause nuisance,

225, 239, 244. Addition of parishes to highway district, 17, 112. Adjustment of accounts, provision to be made for, on alteration

of district, 18, 112. Alteration of highway districts, 17, 112; by addition or sub

traction of parishes, 17, 112; forming new, by union of existing districts, 17, 112; dissolution, 17, 112 ; must be by provisional and final orders, 17, 112 ; other provisions relating to formation of districts to apply, 17, 112; adjustment of accounts, 18, 112 ; of part, residue not

affected, 19, 131. Appeal against order of court of summary jurisdiction, as to un

necessary highways, 53, 194 ; against order respecting

highways repairable ratione tenurce, 58, 110. against determination of petty sessions as to rateable value of

property, 63, 141. to special sessions, 68, 147; grounds of appeal, incorrectness

in valuation, inclusion or omission of persons, inequality

or unfairness, 68, 147, to quarter sessions, 68, 148 ; waywarden or ratepayer may

appeal in respect of order for repair of highways, &c.,

Appeal-continued.

68, 148; or of items of expense and expenditure, &c.,
69, 148 ; notice to be served on clerk within two months
after order, 70, 149 ; or within one month after state-
ment of account, 70, 149; contents of notice, 70, 150;
board may serve counter notice requiring appellant to
appear and support appeal, 70, 150; board may rectify
matter complained of, and on tender of costs of attend-
ance, appellant cannot proceed with appeal, 70, 150 ; on
proceeding with appeal, costs of attendance on board
deemed costs of appeal, 70, 150 ; matter of account may
be referred to arbitration, 71, 150 ; award enforceable
like order of court, 71, 151 ; provisions of 17 & 18 Vict.
c. 125, as to compulsory references, incorporated, 71, 151;
procedure on question whether road is or is not a high-
way, &c., 71, 151 ; court may confirm, &c., order of
board, or rectify account, 71, 151 ; costs to be paid by
board if appellant successful, 72, 152; how to be
charged, 72, 152 ; how costs to be paid and charged if
appellant unsuccessful, 72, 152 ; jursdiction of justices
as to places situate in different counties, &c., but united

in one district, 72, 152.
to quarter sessions in respect of penalty under 25 & 26 Vict.

c. 61, exceeding £5, 74, 119; in manner provided by

24 & 25 Vict. c. 96, s. 110, 74, 119.
to quarter sessions against conviction or order under 41 & 42

Vict. c. 77, 74, 207, 226 ; to sessions holden not less
than twenty-one days after decision, 74, 208, 227 ; writ-
ten notice, with grounds, to be given withir ten days
to the other party and to court of summary jurisdic-
tion, 75, 208, 227 ; within three days after notice,
recognizance with two sureties, or other security to
be given, 75, 208, 227 ; on entering into recognizance,
&c., appellant may be liberated from custody, 75, 208,
228; court may adjourn appeal, and confirm, &c., the
decision, or remit to court of summary jurisdiction
with opinion, 75, 208, 228 ; if matter remitted, court of
summary jurisdiction to re-hear and decide according to
opinion of court of appeal, 76, 209, 228 ; court of appeal

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may make order as to costs, 76, 209, 228.
Application of 41 & 42 Vict. c. 77, 2, 165 ; by rural sanitary

authority to exercise powers of highway board, 36, 167.
Appointment of officers, by writing under seal, 32, 94 ; on re-

moval, death, or resignation, 32, 94; may be by minute
of board, 32, 140; no appointment, except first, without
written notice to every member of board, 32, 95; by

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