It will, of course, be competent to any Local Authority to apply to the Board under this enactment to make Regulations of a local nature as to the speed of Light Locomotives if they consider that the circumstances of their district render further Regulations necessary, but the Board would suggest that any such application should be deferred until some experience has been obtained of the working of the general Regulations on the subject. Effect of Regulations. All Regulations made by the Board under the Act will, under section 6 (2) have full effect, notwithstanding anything in any other Act, whether general or local, or any bye-law or regulations made thereunder; but they will not exempt a Light Locomotive, or the owner or person in charge of it, from the operation of any statutory provision or bye-law applicable thereto, and such provision will apply as if the Regulations had not been made. Regulations of Secretary of State. Section 5 of the Act provides that the keeping and use of petroleum or of any other inflammable liquid or fuel for the purpose of Light Locomotives shall be subject to Regulations made by a Secretary of State, and that Regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881. The Secretary of State has made Regulations under this provision and copies of them are enclosed at his request. They have been placed on sale, so that they will shortly be obtainable in the same way as the Regulations made by the Board. Byelaws by Council of County or County Borough. Under proviso (a) to section 1 (1) of the Act the council of any county or county borough are empowered to make byelaws preventing or restricting the use of Light Locomotives upon any bridge within their area, where the council are satisfied that such use would be attended with damage to the bridge or danger to the public. Byelaws made under this provision will not require sanction or confirmation by the Board or by any other authority. Fines. A breach of any byelaw or Regulation made under the Act, or of any provision of the Act, may, on summary conviction, be punished by a fine not exceeding £10. (Section 7.) DRIVING WHEELS OF LOCOMOTIVES OTHER THAN LIGHT LOCOMOTIVES. The provisions of the Act for the most part relate to Light Locomotives as thereby defined, but it contains one section which applies to other locomotives on roads. Sub-section (4) of section 28 of the Highways. and Locomotives (Amendment) Act, 1878, provides that the driving wheel of a Locomotive shall be cylindrical and smooth-soled, or shod with diagonal cross-bars of not less than three inches in width nor more than three-quarters of an inch in thickness, extending the full breadth of the tyre, and that the space intervening between each such cross-bar shall not exceed three inches. Section 9 of the new Act provides that these requirements may be from time to time varied by Order of the Board. As section 28 of the Act of 1878 is included in Part II. of that Act, and Light Locomotives are exempted from this Part, neither sub-section (4) of section 28 of the Act of 1878 nor section 9 of the Act of 1896 will apply to these Locomotives. The Clerk to the County Council, I am, Sir, Your obedient Servant, Secretary. or other Local Authority. General Order, 26th November, 1897, varying Provisions as to To the County Councils of the several Administrative Counties in To the Councils of the several County Boroughs in England and Wales; To the Sanitary Authorities of the several Sanitary Districts in the Administrative County of London ; To the Urban District Councils of the several Urban Districts in England and Wales; To the Rural District Councils acting as the Highway Authorities in Rural Districts in England and Wales; And to all others whom it may concern. Whereas by section 28 of the Highways and Locomotives (Amendment) Act, 1878, it is enacted that it shall not be lawful to use on any turnpike road or highway a Locomotive constructed otherwise than in accordance with the provisions therein set forth, and by sub-section (4) of that section it is provided as follows; that is to say, "The driving wheels of a locomotive shall be cylindrical and smooth-soled, or shod with diagonal cross-bars of not less than three inches in width nor more than three-quarters of an inch in thickness, extending the full breadth of the tyre, and the space intervening between each such cross-bar shall not exceed three inches." And whereas by section 9 of the Locomotives on Highways Act, 1896, it is enacted that the requirements of the above-cited sub-section (4) of section 28 of the Highways and Locomotives (Amendment) Act, 1878, may be from time to time varied by Order of the Local Government Board: (a) This Order does not apply to "Light Locomotives." See note, ante, p. 844, and the last paragraph of the above circular. Now therefore, in pursuance of the powers given to Us in that behalf, We, the Local Government Board, hereby vary the provisions of subsection (4) of section 28 of the Highways and Locomotives (Amendment) Act, 1878, as follows: A locomotive may be used the driving wheels of which instead of being smooth-soled or shod with cross-bars are shod with wooden blocks, subject to the following conditions: 1. No block shall be less than five inches in width measured along the circumference of the wheel. 2. The blocks shall not be more than two inches apart similarly measured. 3. The blocks shall be arranged in two or more rows, and so that a straight line drawn through the middle of each block shall pass through the middle of the interval between the blocks of the next row. 4. The width of each block measured across the circumference of the wheel shall be such that the sum of the widths of the blocks shall not be less than the width prescribed by the Act for the tire; provided that no block shall be less than five inches in width measured as last-mentioned. 5. The blocks shall work on efficient springs or other elastic material so as to yield with the pressure of the weight of the Locomotive; but not so that the surface of the wood block shall be at any time level with or depressed below the tire of the wheel. 6. No such wheel shall be used any block of which is so worn that Given under the Seal of Office of the Local Government Board, (L.S.) HUGH OWEN, HENRY CHAPLIN, President. SIR, Secretary. The following circular was issued with the foregoing Order. Local Government Board, Whitehall, S.W., 27th November 1897. I AM directed by the Local Government Board to advert to section 28 of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77) which makes it unlawful to use on any highway a locomotive constructed otherwise than in accordance with the provisions of the section. One of these provisions is contained in sub-section (4), Order, which directs that the driving wheels of the locomotive shall be cylindrical and smooth-soled, or shod with diagonal cross-bars of not less than three inches in width nor more than three-quarters of an inch in thickness, extending the full breadth of the tire, and that the space intervening between each such cross-bar shall not exceed three inches. Section 9 of the Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36), however, enacts that the requirements of sub-section (4) of section 28 of the Act of 1878 may be from time to time varied by Order of the Board, and representations have been made to the Board as to the expediency of their exercising the power thus conferred upon them. The Board, after communicating with a number of local authorities and other bodies and persons concerned, and considering the suggestions thus obtained, have issued an Order varying the provisions of subsection (4) of section 28 of the Act of 1878, so that, subject to the conditions specified in the Order, a locomotive may be used on a highway if the driving wheels, instead of being smooth-soled or shod with cross-bars, are shod with wooden blocks. It will be understood that the Order does not affect the requirements of section 28, except those contained in sub-section (4), and that the other requirements must still be complied with. Copies of the Order are enclosed. It has been placed on sale and will shortly be obtainable from Messrs. Eyre and Spottiswoode, East Harding Street, Fleet Street, London, E.C., either directly or through any bookseller. I am, Sir, Your obedient Servant, The Clerk to the County Council, or other Local Authority. See Secretary. PARISH COUNCILS. 'BORROWING," ante, p. 761; "LAND: COMPULSORY HIRING AND PURCHASE OF," ante, pp. 798-831. avoidance of office by, 275, 276. disqualification by involves fine, 275. when not a disqualification for occupation franchise, 525. ACCEPTANCE OF OFFICE. See OFFICE, DECLARATION. by member of county council, time limited for, 144. by guardians and district councillors, 638. by parish councillor, 659. declaration of, when to be made by county councillor, 539. declaration of, by mayor of borough, 256. form of declaration of, 341. ACCOUNTS. See AUDIT. audit of, in county and in borough, 266, 267. in borough, audit of, 265, 266. of county council, return of, to Local Government Board, 136, 137. deposit of before audit, 138. when to be made up, 136, 140. stamp duty on, 204. of hospital committee, 592. by county officers, what to be rendered, 259. of treasurer, right to inspect, 323. time for making up in county and in borough, 266. what to be kept by county council, 131. ADJUSTMENT, between county and smaller quarter session boroughs, 85. between boroughs and counties on alteration of boundaries, 321. borrowing, for purposes of, 121. commissioners for, under Local Government Act, 1888...118, 119. local authorities may agree as to, 119. new, how may be effected from time to time, 70. of financial relations between counties and county boroughs, 68. of financial relations, principles of, 69, 70, 749. of liabilities on alteration of areas, 116, 647. |