expense of repairing highways in the neighbourhood, extraordinary expenses have been incurred by such authority in repairing any highway by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, such authority may recover in a summary manner from any person by whose order such weight or traffic has been conducted, the amount of such expenses as may be proved to the satisfaction of the court

to have been incurred by such authority by reason of the damage arising from such weight or traffic as aforesaid.” This, no doubt, will in many instances be a very useful provision. But, as pointed out in a note, post, p. 191, some difficulty will probably be found in carrying it into operation. This consideration, it may be presumed, will furnish a strong ground for inducing road authorities to act liberally in coming to an agreement as to the composition which the same section enables them to accept.

Fresh provisions are also made by section 24 as to the discontinuance of unnecessary highways, which appear to supersede those contained in the 21st section of the Highway Act, 1864, so far as relates to parishes which are situate in a petty sessional division, but leaves them untouched as to other parishes. An entirely new provision is also introduced by the 26th section, enabling the county authority to make bye-laws for prohibiting or regulating the use of waggons, &c., with wheels of which the fellies or tires are not of the prescribed width, and for other matters there mentioned.

The foregoing include the principal changes effected by the Act, so far as regards highways, but by no means exhaust the list. For the others it must suffice to refer the reader to the Act itself, which will be found more fully explained in the

notes which accompany it. Coupled with the Consolidated Abstract, there can be little difficulty in ascertaining in what those changes consist.

As regards the amendment of the Locomotive Acts, 1861 and 1865, a similar course has been adopted to that which has been followed in the case of highways. The provisions of those Acts have been incorporated with such of the enactments of the Highways and Locomotives (Amendment) Acts, 1878, as relate to locomotives. And in order to make the Abstract complete in itself, some of the enactments are set out at length, although they are common to both highways and locomotives, and are therefore included in the Highway Abstract also. Although this increases the length of the Abstract to some extent, it dispenses with the necessity for reference to another document, and thereby more than counterbalances the inconvenience arising from the trifling addition to length. By this means also each Abstract contains the whole law on the subject to which it relates, and {is perfectly independent of the other.

The principal alterations made with respect to locomotives consist in a re-modelling of the regulations with respect to the weight of locomotives and the construction of their wheels (section 28), an alteration as to the making of bye-laws relating to the hours during which locomotives may pass over turnpike roads and highways (section 31), and the power conferred on the county authority to license locomotives, excepting such as are used solely for agricultural purposes (section 32).

These alterations, however, will only remain in force so long as the Locomotive Act, 1865, continues in force; that is to say, until the 31st December, 1879, or any other date to which that Act


be continued.

In preparing the Abstracts many sections of the Acts which admit of division have been so arranged as to separate the various enactments they contain, and place them before the reader in the form of distinct paragraphs. By this means, it is believed, they will be more readily comprehended than in the statutable form, and many of their provisions which might otherwise escape notice will be brought distinctly under the reader's eye. In addition to this, marginal notes have been added, so as to make the paragraphs more easily intelligible. Many of these notes vary considerably from those contained in the Acts themselves, in consequence of their being so framed as to explain the contents of the various paragraphs, whereas those appended to the Acts, for the most part, merely indicate, in general terms, the subject matter of the entire section. The precise language of the Acts, too, has been occasionally deviated from, so as to give the provisions of an enactment in more colloquial phraseology, but without altering their import.

In the Acts themselves, where other Acts are referred to, the

year and chapter of those Acts are substituted for the fuller and more formal description commonly used.

J. A. F.


5, December, 1878.

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