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Roworth, GREAT NEW STREET, FETTER LANE, E.c. i 2 * ~ 2-/- 2 7 PREFA CE. —Q- THE object of this Book is to lay before the reader in a concise form the Law relative to all matters concerning the use of Locomotives, Carriages, and other Vehicles upon Highways. The recent legislation in regard to Motor Cars has drawn particular attention to this class of carriage, but the bulk of the Law applicable to them is equally applicable to vehicles of other classes, and it is hoped that this Book may be found to be a sufficient statement of the Law affecting the use of all vehicles. The First Chapter is devoted to the Locomotives on Highways Act, 1896, the latest addition to the number of already existing Statutes dealing with locomotives. Together with the sections of the Act will be found the Regulations of the Secretary of State, and of the Local Government Board, which, by Section 7 of the Act, have statutory force. In the Second Chapter the Statutes relating to vehicles generally are digested, including the Regu- lations of the Commissioner of Metropolitan Police. a 2 iv. PREFACE. The later Chapters of the Book deal with the principles of the Law of Negligence, Nuisance, Excessive Traffic, and of Carriers so far as they affect travellers or persons using the highways. References to the principal decided cases are in- serted in order that the legal practitioner may find in one volume all the Law, required in connection with the subject of the Book, in a concise form. The Appendix contains all the important Statutes applicable to the use of vehicles of every class upon the highways. To show the number of Statutes on this subject, it may be noted that it has been neces- sary to refer to nearly sixty Statutes. The bringing together of the principal Statutes into the Appendix of one volume will, it is hoped, be of convenience to practitioners, and to other persons interested in this subject. G. A. BONNER. 4, CROWN OFFICE Row, TEMPLE, April, 1897. TABLE OF CONTENTS. —º- Page PREFACE - - - - - - asºs - iii TABLE OF CASES - - - - *- * - - vii TABLE OF STATUTES - * - - * - xi Chap. I.—LIGHT LOCOMOTIVES ON HIGHWAYS – -> - - 1 II.—HACKNEY AND OTHER CARRIAGES - - - – 51 III.-NEGLIGENCE - - - - - - - 92 IV.-NUISANCE, AND EXCESSIVE TRAFFIC - {- – 114 W.—BAILMENT, AND CARRIERS e- ºr - – – 123 WI.-ORDINARY LOCOMOTIVES ON HIGHWAYS – sº - 133 APPENDIX. Hackney Carriage (Metropolis) Act, 1831 – - - - 139 Stage Carriages Act, 1832 - * - em - - - 148 Metropolitan Police Act, 1839 – - - * - 153 Highways Act, 1835 - - *- - * - - 155 Stage Carriages Act, 1842 – - * - *- - 159 Hackney Carriages (London) Act, 1843 *º- wº - - 162 Towns Police Clauses Act, 1827 – - - e- - 174 Metropolitan Carriages Act, 1850 º- - - - - 183 Hackney and Stage Carriages (London) Act, 1853 {- - 184 Hackney Carriages (London) Act, 1853 iº - - - 190 VI TABLE OF CONTENTS. 4 Page Metropolitan Streets Act, 1867 - - - º - 191 Metropolitan Public Carriage Act, 1869 - - - - 196 Towns Police Clauses Act, 1889 – tºº tº- º - 201 London Cab Act, 1896 - mºs t- - - - 202 Inland Revenue Act, 1869 &- -> - wº – 203 Inland Revenue Act, 1876 - * - ºm - - 208 Inland Revenue Act, 1888– º -> - º - 209 Public Health Act, 1875 tº- * - º - - 210 Infectious Diseases Act, 1890 * - - tº t – 211 Public Health (London) Act, 1891 - - *- - - 211 Locomotive Act, 1861 - º - - tºº – 212 Locomotives Act, 1865 - º - - - - 216 Highways and Locomotives Act, 1878 - - sº - 218 Locomotive Threshing Engines Act, 1894 - - - - 223 Locomotives on Highways Act, 1896 - *- mº - 224 Regulations as to Petroleum, 1896 - - ima - - 226 Light Locomotives Regulations, 1896 - *- ºt – 228 Public Authorities Protection Act, 1893 - sº - - 232 INDEX – - - Gº - - º – 235 ( vii ) TABLE OF CASES. —(?– PAGE FAGE ARMSTRONG v. Lancs. & Yorks. Coats v. Chaplin. . . . . tº t e g º ºr tº a tº 132 Rail. Co. . . . . . . . . . . . . . . . . . . 103 || Coggs v. Bernard. . 123, 124, 126, 132 Aston v. Heaven. . . . . . . . . . 128, 129 Cook v. North Metrop. Tram. Co. 111 Aveland (Lord) v. Lucas . . . . . . 119 | Cork Distilleries Co. v. Great S. & W. Rail. Co. . . . . . . . . . . . . 132 Cotton v. Wood . . . . . . . . . . . . 95, 96 Coupé Co. v. Maddick . . . . . . . . 124 Baldwin v. L. C. & D. Rail. Co.. 129 || Cox v. Burbidge. . . . . . . . . . . . . . 99 Barber v. Callow . . . . . . . . . . . . 4 v. Penley. . . . . . . . . . . . . . 118 Barnett v. Hoo Local Board ... 120 Bather v. Day. . . . . . . . . . . . . . . . 127 Batson v. Donovan. . . . . . . . . . . . 130 Baxendale v. G. E. Rail. Co. . . 130 Belt v. Lawes. . . . . . . . . . . . . . . . 101 Benjamin v. Storr . . . . . . . . . . . . 115 Blake v. M. Rail. Co. . . . . . . . . 110 Blakemore v. Bristol and Exeter Rail. Co. . . . . . . . . . . . . . . . . . . 125 Blower v. G. W. Rail. do." . . . . 129 Blyth v. Birmingham Water- works Co. . . . . . tº s e º 'º e º e s - e. 93, 99 Boss v. Litton . . . . . . . . . . . . . . 95, 96 Bradburn v. G. W. Rail. Co. . . 110 Brind v. Dale . . . . . . . . . . . . . . . . 129 Bringloe v. Morrice . . . . . . . . . . 124 Brocklehurst v. Manchester, &c. Tramways Co... . . . . . * & e º 'º - e 100 Brotherton v. Tittensor. . . . . . . . 117 Brown v. Eastern and Midlands Rail. Co. . . . . . . . . . . . . . . 100, 116 Butterworth v. Brownlow . . . . . 130 Caley's case. . . . . . . . . . . . . . . . . . 127 Case v. Storey. . . . . . . . . . . . . . . . 60 Chaplin v. Hawes . . . . . . . . . . 95, 96 Chattock & Co. v. Bellamy & Co.. 129 Chisholm v. Doulton . . . . . . . . 5, 136 Christie v. Griggs ...... . . . . . . 128 Clark v. Chambers . . . . . . . . . . . . 99 Claridge v. S. Staffordshire Tramways Co. . . . . . . . * tº e º 'º º 124 Clements v. L. & N. W. Rail. Co. . . . . . . . . . . . . . . . . . . . . . . . 118 Dalton v. S. E. Rail. Co. , , , , , , 110 Danby v. Hunter . . . . . . . . . . . . 8, 51 Davies v. Mann . . . . . . . . . . . . . . 105 Dawson v. Chamney . . . . . . . . . . 127 Dean v. Keate . . . . . . . . . . . . . . . 124 Doorman v. Jenkins . . . . . . . . . . 123 Dublin, &c. Rail. Co. v. Slattery. 94, 96, 97, 104 Duckworth v. Johnson . . . . . . . . 110 Ellis v. Hulse . . . . . . . . . . . . . . . . 136 Englehart v. Farrant . . . . . . . . 107 Etherley Grange Coal Co. v. Auckland District Highway Board . . . . . . . . . tº e º & G tº a º e s tº 120 Farrant v. Barnes . . . . . . . . 125, 130 Fenna v. Clare . . . . . . . . . . . . . . 117 Fletcher v. Rylands . . . . . . . . . . 100 Foster v. Tucker. . . . . . . . . . . . . . 137 Franklin v. S. E. Rly. , , , , , , , , 110 Garton v. Bristol and Exeter Rail. Co. . . . . . tº e º 'º tº a t t e s is is e 129 Gas Light and Coke Co. v. Vestry of St. Mary Abbotts, Ken- sington . . . . . . . . . . . . . . . . . . . I00 Gatty v. Farquharson . . . . . . . , 101 George and Richard, The . . . . . . 1 10 Griffiths v. Earl of Dudley .... 113 TABLE OF CASES. PAGE Hammack v. White , , , , , , , , , , 94 Harris v. Mobbs . . . . . . . . . . 100, 116 Harrison v. L. B. & S. C. Rail. Co. e e º tº t t e º 'º e º is a º º G & © ſo tº 132 Hart v. Baxendale. . . . . . . . . . . . 129 Hawkins v. Cooper . . . . . . . . . , 96 Heath v. Brewer. . . . . . . . . . . . . . 62 Heaven v. Pender . . . . . . . . . . . . 94 Henderson v. Stephenson . . . . . . 130 Betherington v. N. E. Rail. Co. 110 Hickman v. Birch . . . . . . . . . . . . 7, 47 Hill v. New River Co. . . . . . . . . 116 — v. Thomas . . . . . . . . . . . . . . 120 Hinton v. Dibbin . . . . . . . . . . . . 132 Hyman v. Nye . . . . . . . . . . . . . . 128 Jeffrey v. St. Pancras Vestry 115, 116 Johnson v. Mayor of Croydon. , 91 w. Midland Rail. Co. . . 129 Jones v. Marshall . . . . . . . . . . . . 124 – v. Tyler . . . . . . . . . . . . . . . . 127 Keen v. Henry . . . . . . . . . . . ,63, 108 Relly v. Metrop. Rail. Co. . . . . 106 IKent County Council v. Vidler... 120 Ring v. London Improved Cab Company . . . .63, 107, 108 v. Spurr . . . . . . . . . . . . 107, 108 Kippins, Ex parte . . . . . . . . . . 60, 66 Lapthorne v. Harvey . . . . . . . . 120 Leck v. Maester . . . . . . . . . . . . . . 126 Liver Alkali Co. v. Johnson. . . . 129 Lloyd v. Ogleby. . . . . . . . . . . . . . 16 Lynch v. Nurdin . . . . . . . . . . . . . 99 Martin v. Great Indian Penin. Rail. Co. . . . . . . . . . . . . . . . . . . 130 Medawar v. Grand Hotel Co. . , 127 Metcalfe v. L. & B. Rail. Co. . . 131 Metrop. Rail. Co. v. Jackson . . 94 Mills v. Armstrong (The Ber- nina). . . . . . . . . . . . . , 103, 104, 107 Mitcham, Ex parte. . . . . . . . . . . . 62 Moorcock, The . . . . . . . . . . . . . . 126 Morgan v. L. G. O. Co. . . . . . . 111 Mulliner v. Florence . . . . . . . , , , 128 Notting Hill, The . . . . . . . . . . . . 102 Nugent v. Smith . . . . . . . . . . . . 129 JPAGE Parker v. S. E. Rail. Co. . . . . . , 130 Phillips v. L. & S. W. Rail. Co. 101 Phythian v. Baxendale. . . . . . 52, 117 Pickford v. Grand Junction Rail- Poole, &c. Highway Board v. Gunning . . . . . . . . . . . . . . . . . . 121 Port Glasgow, &c. Rail. Co. v. Caledonian Rail. Co. . . . . . . . . 135 IPowell v. Fall . . . . . . . , 33, 100, 135 Powles v. Hider . . . . . . . . . . 63, 107 Praed v. Graham . . . . . . . . . . . , 100 Priestly v. Fowler . . . . . . . . . . . . 111 Quarman v. Burnett . . . . . . . . . . 104 Radley v. L. & N. W. Rail. Co... 98, 105, 130 Rapier v. London Tramways Co. 115 Readhead v. M. Rail. Co... 128, 129 Reedie v. L. & N. W. Rail. Co... 104 R. v. Aden . . . . . . . . . . . . . . . . . . 126 — v. Bunkall . . . . . . . . . . . . . . . , 126 — v. Chittenden. . . . . . . . . . . . . . 115 – v. Cross . . . . . . . . . . . . . . . . . . 115 — v. Kerswill. . . . . . . . . . . . . . . . 55 — v. Longton Gas Co. . . . . . . . . 115 – v. Pease . . . . . . . . . . . . . . . . . . 100 – v. Pratt . . . . . . . . . . . . . . . . . , 52 — v. Russell . . . . . . . . . . . . . . . . 115 Ricket v. Metropolitan Rail. Co. 92 Robertson v. Birkett . . . . . . . . . . 51 Rogers v. Macnamara. . . . . . . . . 62 Ross v. Hill. . . . . . . . . . . . . . . . . . 129 Scott v. London Dock Co. . . . . . 94 — v. Shepherd . . . . . . . . . . . . 99 Searle v. Laverick . . . . . . . . . . . . 126 Sharp v. Powell . . . . . . . . . . . . 92, 99 Shaw v. G. W. Rail. Co. . . . . . . 131 Shepherd v. Bristol and Exeter Rail. Co. . . . . . . . . . . . . . . . . . . 130 Skelton v. T. & N. W. Rail. Co.. 123 Smith and Wife v. Bailey... 108, 134 — v. Baker . . . . . . . . . . . . . . . . 112 — v. S. E. Rail. Co. ........ 97 Sneesby v. Lancs. & Yorks. Rail. Co. . . . . . . . . . . . . . . tº tº º tº e º g ºn 102 Speak v. Powell . . . . . . . . . . . . . . 46 Stables v. Eley . . . . . . . 4 tº t e º e e 108 Storey v. Ashton . . . . . . . . . . . . . . 107 Strauss v. County Hotel Co. . . 127 Strickland v. Hayes . . . . . . . . . . 91 TABLE OF CASES. IX IPAGE Taylor v. Goodwin. . . . . . . . . . . . v. M. S. & L. Rail. Co... Thomas v. Quartermaine ... 112, Thorogood v. Bryan . . . . . . . . . . Tottenham Urban District Coun- cil v. Williamson & Sons . . Trent Navigation Co. v. Ward.. Tuff v. Warman . . . . . . . . . .98, TJltzen v. Nicols & C & & ſº & O & C G & C is & Wandenburgh v. Truax. . . . . . . . Vaughan v. Taff Vale Rail. Co. Vaughton v. L. & N. W. Rail. Co. m e º ºs e º 'º º e º º tº ſº tº º 'º e º e º s º Venables v. Smith . . . . . . . . . . . . Victorian Rail. Commissioners v. Coultas. . . . . . . . . . * G & ſº s º 101, B. 52 106 113 103 ... 118 130 105 127 102 I00 131 107 102 PAGE Wakelin v. L. & S. W. Rail. Co. 94, 96, 104 "Walker v. York & N. Midland Rail. Co. . . . . . ſº e º e º is a tº ſº e º ſº e 130 Wallasey Local Board v. Gracey. 118 Wallington v. Hoskins. . . . . . . . 119 Watkins v. Rymill. . . . . . . . . . . . 130 Wayde v. Carr . . . . . . . . . . . . . . 128 White v. Humphrey . . . . . . . . . . 126 Wilkins v. Day . . . . . . . . . . . . . . 116 Williams v. Evans. . . . . . . . . . . . 52 — v. Richards. . . . . . . . . . 95 Wilson v. Brett . . . . . . . . . . 124, 125 Wright v. L. G. O. Co. . . . . . . . . 6 Wyld v. Pickford . . . . . . . . . . . . 130 Yarmouth v. France . . . . . . 112, 113 Yungmann v. Brieseman . . . . . . 124 ( xi ) 6 3 6 Vict. 7 Wict. 1 C 19 & 20 Vict. _ 20 & 21 Vict. – 21 & 22 Vict. 24 & 25 Vict. 25 6 & & 7 & 28 & 30 & 32 & 33 & —= ~C. C. t. C C C C 1 Vict. 3 Vict. 34 Vict. 34 & 35 Vict. 35 & 36 Vict. 38 & 39 Vict. 41 & 42 Vict. TABLE OF STATUTES. -º- . 44 (The Metropolitan Police Act). Will. 4, c. 68 (The Carriers Act, 1830). C 2 (The London Hackney Carriages Act, 1831). 20 (The Stage Carriages Act, 1832). 0 ... 2 . 1 . 50 (The Highway Act, 1835). . 47 (The Metropolitan Streets Act, 1839). . 9 ... 7 ... 8 i i (City of London Police Act, 1839). 4 9 (The Stage Carriages Act, 1842). 6 (The London Hackney Carriages Act, 1843). 0 Vict. c. 93 (Lord Campbell’s Act, 1846). 89 (The Towns Police Clauses Act, 1847). 92 (Act for the Prevention of Cruelty to Animals, 1849). . 43 §: Summary Jurisdiction Act, 1848). . 7 (The London Hackney Carriage Act, 1850). . 33 (The London Hackney Carriages Act, 1853). . 127 (The London Hackney Carriages (Charge for Hire) Act, 1853). 128 (The Smoke Nuisance (Metropolis) Act, 1853). 2 (The Metropolitan Police Act, 1856). . 43 (The Summary Jurisdiction Act, 1857). . 73 (The Stipendiary Magistrates Act, 1858). . 70 (Locomotives Act, 1861). 96 (The Larceny Act, 1861). 100 (An Act to consolidate the Law relating to Offences against the Person, 1861). 93 (The Thames Embankment Act, 1862). . 41 (The Innkeepers' Liability Act, 1863). . 95 (Lord Campbell’s (Amendment) Act, 1864). 83 (The Locomotives Act, 1865). 94 (The Carriers (Amendment) Act, 1865). . 134 (The Metropolitan Streets Act, 1867). 14 (The Customs and Inland Revenue Act, 1869). 115 (The Metropolitan Public Carriages Act, 1869). 78 (The Tramways Act, 1870). 105 (The Petroleum Act, 1871). 94 (The Intoxicating Liquors Act, 1872). 55 (The Public Health Act, 1875). 12 (An Act for the Prevention of Accidents by Threshing Machines, 1878). 38 (The Innkeepers Act, 1878). 58 (The Locomotives Amendment (Scotland) Act, 1878). . 90 º Employers and Workmen Act, 1875). XII TABLE OF STATUTES. 41 & 42 Vict. 42 & 43 Wict. ** 43 & 44 Vict. 44 & 45 Vict. 45 & 46 Vict. 47 & 48 Vict. 51 & 52 Vict. ~ * 52 & 53 Viot. 53 & 54 Vict. 54 & 55 Vict. 56 & 57 Viot. 57 & 53 vict. 59 & 60 Vict. . I4 . 34 (The Infectious Disease (Prevention) Act, 1890). . 76 (The Public Health (London) Act, 1891). . 61 (The Public Authorities Protection Act, 1893). , 77 º Haw ays and Locomotives (Amendment) Act, 1878 .47 (The Éetroleum Act, 1879). . 49 (The Summary Jurisdiction Act, 1879). . 57 (Public Health (Ireland) Act, 1879). 42 (The Employers' Liability Act, 1880). . 67 (The Petroleum (Hawkers) Act, 1881). 50 (The Municipal Corporations Act, 1882). 25 (The Customs and Inland Revenue Act, 1884). 43 (The Summary Jurisdiction Act, 1884). 8 (The Customs and Inland Revenue Act, 1888). 41 §. Local Government Act, 1888). The Towns Police Clauses Act, 1889). 73 (The Local Government Act, 1894). . 22 (The Injured Animals Act, 1894). 37 (The Locomotive Threshing Engines Act, 1894). . 57 (The Diseases of Animals Act, 1894). . 27 (The London Cab Act, 1896). . 36 (The Locomotives on Highways Act, 1896). TELE LAW OF MOTOR CARS, HACKNEY AND O'DHER CARRIAGES, CELAPTER I. LIGHT LOCOMOTIVES ON HIGHWAYS, —º- THE LOCOMOTIVES ON HIGHWAYS ACT, 1896 (59 & 60 WICT. c. 36). EE it enacted as follows:— 1.—(1) The enactments mentioned in the schedule to this Act, and any other enactment restricting the use of locomo- tives on highways and contained in any public, general, or local and personal Act in force at the passing of this Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause ; and vehicles so exempted, whether locomotives or drawn by locomotives, are in this Act referred to as light locomotives. Provided that— (a) the council of any county or county borough shall have power to make bye-laws preventing or re- stricting the use of such locomotives upon any bridge within their area, where such council are B. B 2 MOTOR CARs. [$ 1. satisfied that such use would be attended with damage to the bridge or danger to the public. (b) a light locomotive shall be deemed to be a carriage within the meaning of any Act of Parliament, whether public, general or local, and of any rule, regulation, or byelaw made under any Act of Par- liament, and, if used as a carriage of a particular class, shall be deemed to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly. (2) In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accu- mulators used for the purpose of propulsion, shall not be included. “The enactments mentioned . . . shall not apply . . .” (a) The effect of this Act is to legalise the use of light locomotives, or, as they are more popularly called, motor cars or horseless carriages, upon highways in a manner hitherto forbidden, or rather freed from the restrictions formerly imposed by the various Highways and Locomotives Acts. Light locomotives are deemed to be carriages within the meaning of all Acts of Par- liament (b). Such vehicles as come within the meaning of the word “vehicle” in this Act, later on called light locomotives, are subject to the provisions of this Act, and the rules and regulations issued thereunder. The enactments relating to the use of loco- motives (other than light locomotives within the meaning of this Act) are set out in the schedule to the Act (c), but all light loco- motives are exempted from the provisions of the scheduled Acts. The following extract from a letter from the Secretary to the Local Government Board, dated 10th November, 1896, and directed to the various local authorities will be found to be very clear and instructive upon the point:— “LIGHT LOCOMOTIVES. “Exemption of certain Enactments. “Sub-sect. (1) of sect. 1 of the Act provides that the enact- ments mentioned in the schedule, and any other enactment § For these enactments, see the schedule to the Act, post, p. 49. (b) See post, p. 6, note on Sub-sect. (1)(b). * (c) See post, p. 49. § 1.] MOTOR. CARS, 3 restricting the use of locomotives on highways, and contained in any public, general, or local and personal Act in force at the passing of the new Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause. Vehicles so exempted, whether locomotives or drawn by locomotives, are in the Act referred to as light locomotives. “In calculating for the purposes of the Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators, used for the purpose of propulsion, is not to be included. (Sect. 1 (2).) “The enactments which are mentioned in the schedule to the Act, and which are not to apply to light locomotives, are the Locomotives Act, 1861 (24 & 25 Wict. c. 70), sect. 41 of the Thames Embankment Act, 1862 (25 & 26 Wict. c. 93), the Loco- motives Act, 1865 (28 & 29 Wict. c. 83), and Part II. of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Wict. c. 77). An exception is, however, made as regards so much of sect. 1 of the Locomotives Act, 1861, as relates to tolls on locomotives, as regards sect. 7 of that Act, which requires damage caused by locomotives to bridges to be made good, and as regards sect. 13, which provides that nothing in the Act shall authorize ‘any person to use upon a highway a locomotive engine which shall be so constructed or used as to cause a public or private . nuisance, and directs that every person using a locomotive engine on a highway shall, notwithstanding the Act, be liable to an indictment or action for such use where, but for the passing of the Act, such indictment or action could be maintained. Light locomotives will not be exempted from these enactments. “Among the enactments from which light locomotives will be exempted, and which are included in the schedule to the new Act, special attention may be directed to the provisions of sect. 28 of the Highways and Locomotives (Amendment) Act, 1878, regu- lating the weight of locomotives and the construction of wheels, and to sects. 31 and 32 of the same Act, under which various bodies may make bye-laws as to certain matters relating to the use of locomotives. These provisions will not apply to light locomotives, and no licence from the council of any county or county borough will be required for the use of these locomo- tives.” “Any vehicle propelled by mechanical power” The first qualification to enable a light locomotive to be claimed as being within the scope of this Act, is that it must be propelled by mechanical power. There are other qualifications, which will be dealt with later on, as to weight and construction. B 2 4 MOTOR CARS. [$ 1. The mechanical power may be produced by steam, oil, gas, air, electricity, or any other motive power that may be devised; this mechanical power is presumably opposed to power produced by any animal power, which may be transferred to the wheels of a vehicle by a system of chains or levers, as in the case of an ordinary bicycle or tricycle, which class of machine is obviously not intended to be brought within the Act (d). It does not appear from the Act that there is any limitation to the number of wheels of such a vehicle, the only section dealing with wheels being the ninth, which contemplates the issue of regulations by the Local Government Board as to the construc- tion and size of wheels to be used (e). The Act is silent as regards the shape of the vehicle, or as to the mode of construc- tion, these matters being left to the discretion of the builder and Owner, subject to such regulations as may be issued from time to time by the Local Government Board (f) under the powers con- ferred by sect. 6. “Under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons)" This is a condition precedent to the vehicle claiming any benefits under the statute. The question of weight will be dealt with under sub-sect. 2 (g). “So constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause ’’ The Act excuses a mere temporary or accidental emission of Smoke or visible vapour. It is curious that while smoke or visible vapour are forbidden, the Act is silent as to any noxious or offensive vapour which may be emitted; it is assumed that in the case of noxious or offensive vapour the ordinary law will apply (h). Whether in any particular case, which may arise, the cause of the smoke or visible vapour is temporary or accidental will be a question of fact for the Court before which the matter may be heard. (d) See also note upon sect. 5 (petroleum), p. 19. The use of petroleum for light locomotives is subject to regulations of the Secretary of State. (e) 59 & 60 Vict. c. 36, s. 9. “The requirements of sub-sect. (4) of sect. 28 of the Highways and Locomotives Amendment Act, 1878, may from time to time be varied by order of the Local Government Board.” See Local Government Board Regulations, 1896, Article I. Sect. 3. This section (9), however, is not intended to and does not relate to light locomotives, but only to ordinary locomotives: see note to sect. 9. (f) 59 & 60 Vict. c. 36, s. 6 (1); see Local Government Board Regula- tions, 1896, and see note to sect. 6, p. 27. (g) Post, p. 9. Local Government Board Regulations, 1896. The words in the definition clause (Art. 1) are exactly similar, as also are the following words of the statute dealing with “smoke” or “visible vapour.” (h) See sect. 13, Locomotives Act, 1861 (24 & 25 Vict. c. 70). § 1.] MOTOR CARS. à A somewhat similar provision is to be found in sect. 30 of the Highways and Locomotives Amendment Act, 1878 (?). By that section any person using any locomotive not consuming, “so far as practicable,” its own smoke, is rendered liable to a fine of 5l. It has been held under that section that, where the issue of black Smoke is proved, the onus is upon the defendant to prove that the engine consumes its own smoke as far as possible (k). Under the Smoke Nuisance (Metropolis) Act, 1853 (!), it has been held that the owner of a factory was not (criminally) liable to a penalty for negligently using a furnace so that the smoke was not effec- tually consumed, when the furnace was properly constructed, but the emission of smoke was caused by carelessness on the part of a stoker (m). It is assumed that the above three regulations as to mechanical power, weight, and non-emission of Smoke or vapour are condi- tions precedent to the user of a locomotive vehicle as a light locomotive under this Act. If any one of these conditions is dis- obeyed, then the vehicle is not a light locomotive, but comes within the Acts and Regulations applying to ordinary locomotives on the highway. “(a) The council of any county or county borough shall have power . . . .” As to these councils, see the Local Government Act, 1888. The county boroughs are set out in Schedule III. of that Act. The only bye-laws which such councils have the power of making with regard to light locomotives are for the protection of bridges (n). The following extract is taken from the letter, dated 10th November, 1896, directed by the Secretary of the Local Government Board to the clerks to the various local authorities:— “Bye-laws 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 bye-laws 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. (i) 41 & 42 Vict. c. 77, s. 30. (k) Pitt Rivers v. Glasse, 55 J. P. 663. (l) 16 & 17 Vict. c. 128, s. 1. (m) Chisholm v. Doulton, 22 Q. B. D. 736. (n) As to the making of bye-laws by a county or borough council, see Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 23); Public Health Act, 1875 (38 & 39 Vict. c. 55); and Local Government Act, 1888 (51 & 52 Vict. c. 41, s. 16). Cf. also restrictions as to bridges under the Locomotive Act, 1861, SS. 6 and 7. , 6 MOTOR CARS. * [$ 1. -*. “Bye-laws made under this provision will not require sanction or confirmation by the Board or by any other authority.” “(b) A light locomotive shall be deemed to be a carriage within the meaning of any Act of Parliament, whether public, sº or local, and of any rule, regulation, or bye- law, , , , (0).” By this sub-section every light locomotive within the meaning of this Act, whether called auto-car, motor car, horseless car- riage, motor cycle, hackney carriage, omnibus, stage coach, or by any other name, and whether used as a private, tradesman's, or public conveyance, is to be deemed a carriage within the meaning of any and all Acts of Parliament which deal with carriages, for all purposes. Carriages may be divided for the purpose of definition into several classes—private carriages, public carriages (stage or hackney carriages, &c.), tradesman’s carts, agricultural waggons, &c. But these definitions will be more conveniently dealt with later on. The following extract is taken from a letter from the Local Government Board, addressed to the clerks to the various local authorities (p), and accompanying the Local Government Board Regulations:— “Light Locomotive to be deemed a Carriage. “A light locomotive is to be deemed a carriage within the meaning of any Act of Parliament, whether public, general, or local, and of any rule, regulation, or bye-law made under any Act of Parliament, and if used as a carriage of any particular class, is to be deemed to be a carriage of that class, and the law applying to carriages of that class is to apply accordingly. (Section 1 (1)(b).) Consequently, if, e.g., a light locomotive is used as a hackney carriage, all statutory provisions and bye- laws with regard to hackney carriages in force in the place in which the light locomotive is used will apply to it.” A definition of what is deemed to be “a carriage” will be found in the Revenue Act, 1888 (g), under which Act light loco- motives have to pay duty in addition to the duty payable under sect. 8 of the present Act (r) whenever the Revenue Act applies. “If used as a carriage of any particular class, shall be deemed (o) Local Government Board Regulations, 1896, Art. I. The expression “carriage” includes a waggon, cart, or other vehicle. (p) Dated 10th November, 1896. (g) 51 & 52 Vict. c. 8, s. 4 (3). (r) See note on sect. 8, post, p. 44. § 1.] MOTOR. CARS, 7 to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly.” The following definitions of “carriages” may be usefully referred to :— Sect. 4 of the Customs and Inland Revenue Act, 1888, defines the duties of excise which are payable in respect of all carriages and hackney carriages. Sub-sect, 3 defines what is the meaning of a carriage in the following words:–“ Carriage means and includes any carriage (except a hackney carriage) drawn by a horse or mule, or horses or mules, or drawn or propelled upon a road or tramway, or elsewhere than upon a railway, by steam or electricity, or any other mechanical power, but shall not include a waggon, cart, or other such vehicle, which is con- structed or adapted for use, and is used, solely for the convey- ance of any goods or burden in the course of trade or husbandry, and whereon the christian name and surname, and place of abode, or place of business, of the person, or the name and style and principal or only place of business of the company or firm keep- ing the same shall be visibly and legibly painted in letters of not less than one inch in length.” . The sub-section then continues:—“Hackney carriage means any carriage standing or plying for hire, and includes any car- riage let for hire by a coachmaker or other person whose trade or business is to sell carriages or to let carriages for hire, pro- vided that such carriage is not let for a period amounting to three months or more ”(s). As to the duties payable in respect of light locomotives, this will be dealt with later under sect. 8. Further definitions of what is a stage carriage, hackney car- riage, omnibus, or public carriage, &c., are to be found in the Stage Carriages Act, 1832 (t), in the Towns Police Clauses Act, 1847, s. 38 (w), and in the Towns Police Clauses Act, 1889, ss. 3 and 4 (a). With regard to all such vehicles (y), when “public” or “plying for hire,” the Acts just referred to make provision for the mode in which licences, if required, shall be obtained for such vehicles, and for the rules and regulations under which such vehicles shall be allowed to ply for hire; and where these Acts, or parts of them, are still in force, the laws applicable to such vehicles will be applicable to all such light locomotives as come (s) Under this sub-section an omnibus has been held to be a hackney carriage while plying along a fixed route: Hickman v. Birch, 24 Q. B. D. 172. (t) 2 & 3 Will. 4, c. 120, s. 5. N.B.-This section has been repealed by sect. 39, Customs and Inland Revenue Act, 1869. (u) 10 & 11 Vict, c. 89. (a) 52 & 53 Vict. c. 14. (y) See also p. 28, note on Art. 1 of the Local Government Board Regu- lations, 1896. 8 MOTOR CARS. [$ 1. within those Acts (2). In the metropolis the Acts regulating vehicles of all kinds which ply for hire, now including all light locomotives which are carriages plying for hire, and in which definitions, penalties, duties, and rules are laid down, are the London Hackney Carriages Act, 1831 (a), the London Hackney Carriages Act, 1843 (5), the London Hackney Carriages Act, 1853 (c), the London Hackney Carriages (Charge for Hire) Act, 1853 (d), the Metropolitan Public Carriages Act, 1869 (e), the London Cab Act, 1896 (f). It will be seen from the above Acts that in the case of all public vehicles (i.e., plying for hire) the name and address of the owner or owners must be painted legibly and conspicuously upon the vehicle (g), while in the case of hackney carriages a numbered plate may be required to be fixed (h). Where the light locomotive is a private vehicle, but is used as a waggon, Wain, cart, car, dray, or other such carriage within the metropolis, the name and address of the owner or owners must also be painted in a legible manner (?). Outside the metropolis the vehicle upon which a similar liability is imposed, to have the name and address of the owner or owners painted legibly upon it in letters one inch in length, is defined rather more shortly than in the last- mentioned Act as a “waggon, cart or other such carriage” (k); it has been decided that the “cart” or “carriage ’’ contemplated by this section is ejusdem generis with “waggon,” and that a light spring cart, though frequently used for the conveyance of agricultural implements, does not come within the section (!). In addition to the carriages of the above descriptions, it is clear that any other kind of vehicle, not included in those descriptions, will be a light locomotive within the meaning of ( 2) See pp. 51 et seq. a) 1 & 2 Will. 4, c. 22. b) 6 c) 1 * * d) 16 & 17 Vict. c. 127. (e) 32 & 33 Vict. c. 115. This is the important Act under which the regulations are issued. (f) 59 & 60 Vict. c. 27. (g) Stage Carriages Act, 1832, s. 36. Stage carriage letters one inch in length : The London Hackney Carriages Act, 1843, ss. 4, 5. (h) Cf. Towns Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 38; Metro- politan Streets Act, 1867 (30 & 31 Vict. c. 134), s. 17, sub-s. 2; Metropolitan Public Carriages Act, 1869, ss. 6, 7. (i) London Hackney Carriages Act, 1831, ss. 59, 60 ; and see Local Government Board Regulations, 1896, Art. II. sub-sect. 6. (k) Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 76. See also Local Government Board Regulations, 1896, Art. II. sub-sect. 6, for rules as to painting of name of owner in certain cases. (l) Danby v. Hunter, 5 Q. B. D. 20; 49 L. J. M. C. 15. In this case a duty had been paid for the cart under 32 & 33 Vict. c. 14, s. 19, sub-sect. 6, which is repealed by sect. 26, and is replaced by sect. 4, sub-sect. 3, of the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8). & 7 Vict. c. 86. 6 & 17 Vict. c. 33. | § 1.] MOTOR CARs. 9 the Act whenever propelled by mechanical power. Thus cycles of any kind, bath chairs, or tradesmen's cycles or barrows, if driven or propelled by mechanical power, such as electricity, steam, oil, gas, or air, will come within the definition of light locomotives, and be subject to the rules or regulations applicable to vehicles of that class. It will be noticed that in the case of a private vehicle or carriage (not being a cart), no name is required to be painted thereon (m). There is yet another class of public vehicles to which as yet no reference has been made, but among which light locomotives will probably soon be found working, viz., tramcars. Tramcars are, by sect. 3 of the Towns Police Clauses Act, 1889 (n), specially excluded from the provisions of that Act, which was passed for the purpose of bringing omnibuses within certain provisions of the various Hackney Carriage Acts. Tramcars are regulated by the Tramways Act of 1870 (o), which provides for the construction, mode of user, and regula- tions for the user of all tramways, for their continuance, discon- tinuance, future purchase by local authorities, byelaws, &c., and to which no further reference need be made in the present work. All light locomotives being carriages within the meaning of the Highways Acts (p), the drivers and owners must conform with those Acts, and are liable for all offences thereunder. In the same way, in the case of all light locomotives used as hackney or stage carriages, those particular Acts will also apply (q). “(2) In calculating, for the purposes of this Act, the weight of a vehicle unladen, the weight of any water, fuel, or accu- mulators, used for the purpose of propulsion, shall not be included ” (r). This refers back to that part of sub-sect. (1) which deals with the weight of the light locomotive either with or without one vehicle attached to it. The actual weight of the locomotive is in no case to exceed three tons, but it may be infinitely less in weight, as for instance, (m) Exceptions under Local Government Board Regulations, 1896, Art. II. sub-sect. 6. A light locomotive drawing another vehicle, or used for the carriage of goods, or weighing one ton and a half or upwards, must have the owner's name and the weight painted thereon in a conspicuous manner on the right or off side, in letters not less than one inch in length : see also Art. W. (n) 52 & 53 Vict. c. 14. (o) 33 & 34 Vict. c. 78. (p) Bicycles, tricycles, velocipedes and similar vehicles, are carriages within these Acts: 51 & 52 Vict. c. 41, s. 85. (q) See Chap. II., p. 51. (r) similar words used in Local Government Board Regulations, 1896, t. I. 10 : MOTOR CARS, [$2. in the case of a motor cycle. In no case may the locomotive draw more than one vehicle after it, the total weight of the two together being limited to four tons. The Act does not state anywhere upon whom the onus is cast of showing that the locomotive is within the prescribed limits of weight. Presumably the onus is thrown upon the owner who claims the benefit of the Act, as in the case of a locomotive not consuming its own Smoke (s). Apparently, in reckoning the weight of a vehicle, the dead weight of the actual machine (or of the two machines) alone is to be considered; for, in the first place, by sub-sect. (1), the vehicle is to be weighed unladen; and in the second place, in calculating the weight of a vehicle, the weight of any water, fuel, or accumulators used for the purpose of propulsion, shall not be included (t). With regard to the weight of fuel or water no difficulty should arise ; but with regard to the weight of accumulators it is not made quite clear what is to be included in the word “accumulator.” Probably it is intended that the actual accumulator, that is to say, the case, plates, and acids, which can and often would be removed, should be excluded from calculation, but that the fittings in the vehicle for the purpose of receiving and securing the accumulator, and which are actually part of the vehicle, should be included. In building any such vehicle of a weight so near the limits fixed by the Act as to give rise to a possibility of the question being raised, it would be wise to build it in such a way that the actual accumu- lator can be easily removed, either for the purpose of weighing, or for the purpose of providing evidence, if the question should be tested in a court of law. 2. During the period between one hour after sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regu- lations to be made by the Local Government Board (u). The penalty for an infringement of this (or any) section is fixed 'by sect. 7 as a fine not exceeding 101. The lamp must be constructed and used so as to conform in every respect with the regulations made by the Local Government Board. Ordinary vehicles, not within this Act, are required to (s) Pitt Rivers v. Glasse, 55 J. P. 663. (t) Sub-sect. (2). (w). For regulations, see p. 11, Local Government Board Regulations, Art. II. sub-sect. 9. Regulations as to bicycles, &c. made by local autho- rities under the Local Government Act, 1888, are superseded when the bicycle is a “light” locomotive. § 2.] r MOTOR, CARS. 11 carry certain lights by the Towns Police Clauses Act, 1889, sect. 6 (a), the London Hackney Carriages Act, 1853, sect. 14 (y), and the Metropolitan Public Carriages Act, 1869, sect. 9, restric- tion (3) (z). The following are the regulations provided by the Local Government Board, 1896:— ART. II.-(9) The lamp to be carried attached to the light locomotive in pursuance of sect. 2 of the Act shall be so constructed and placed as to exhibit, during the period between one hour after sunset and one hour 'before sunrise, a white light visible within a reasonable distance in the direction towards which the light locomotive is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp shall be placed on the extreme right or off side of the light locomotive in such a position as to be free from all obstruction to the light. Provided that this regulation shall not apply to any bicycle, tricycle, or other machine to which sect. 85 of the Local Government Act, 1888, applies. Bicycles, tricycles, and similar machines are required to carry lights as provided for by the Local Government Act, 1888 (a). Sect. 85, sub-sect. 1, of that Act provides in effect that— Bicycles, tricycles, velocipedes, and similar machines are declared to be carriages within the meaning of the High- way Acts, and subject to the following regulations: (a) During the period between one hour after sunset and one hour before sunrise, every person riding or being upon such a carriage shall carry attached to the carriage a lamp, which shall be so constructed and placed as to exhibit a light in the direction in which he is proceeding, and so lighted as to afford adequate means of signalling the approach or position of the carriage. (b) Use of bells or whistles (b). (3) 52 & 53 Vict. c. 14. See also power to make bye-laws as to lights under the Local Government Act, 1888, sect. 16, and the Municipal Corpo- rations Act, 1882, sect. 23. (y) 16 & 17 Vict. c. 33. (2) 32 & 33 Vict. c. 115, s. 9, Restriction 3. (a) 51 & 52 Vict. c. 41, s. 85. (b) See note to sect. 3, post, p. 13. 12 MOTOR CARS. [$ 3. (c) Penalty for offences against regulations, forty shillings (not exceeding). Volunteer cyclists are bound to carry the regular lights and are not exempt by reason of being employed on duty (c). Any breach of the rules or regulations as to the carrying Of light is punishable by fine on summary conviction under sect. 7. 3. Every light locomotive shall carry a bell or other in- strument capable of giving audible and sufficient warning of the approach or position of the carriage. The Local Government Board Regulations, 1896, Article IV., provide a supplement to this section. ART. IV.-Every person driving or in charge of a light locomotive when used on the highway shall comply with the regulations hereinafter set forth, namely:— (7.) He shall, whenever necessary, by sounding the bell or other instrument required by sect. 3 of the Act, give audible and sufficient warning of the approach or position of the light locomotive. This last section (7) of the regulations differs considerably from the section (sect. 85 (b)) of the Local Government Act, 1888, which relates to bicycles, tricycles, velocipedes, and other similar vehicles. By that Act such vehicles are required to, “by sounding a bell or whistle or otherwise, give audible and suffi- cient warning of the approach of the carriage.” Those words seem wide enough to embrace a warning by word of mouth; but it must be remembered that, where the words “ or otherwise” occur in Acts of Parliament, the tendency of the Courts is to construe them as though the means to be used are ejusdem generis, or of some such similar means as previously described in the Act. In the Act now under review, the light locomotive is definitely required, however, to carry a bell or “other instru- ment,” these words being much narrower than those in the Local Government Act of 1888, and no doubt light locomotives must carry some instrument capable of giving both audible and suffi- cient warning to all persons, animals, or vehicles upon the highway, (c) A volunteer cyclist on duty was fined at the Marylebone Police Court for not carrying a light on July 31st, 1890. This seems now to be the ordinary practice before magistrates. § 4.] MOTOR CARS. 13 By sub-section (b) of sect. 85 of the Local Government Act, 1888, in the case of bicycles, tricycles, velocipedes, and other similar vehicles, the following regulations as to the use of a bell or whistle are to be followed :- - “Upon overtaking any cart or carriage, or any horse, mule, or other beast of burden, or any foot passenger, being on or proceeding along the carriage way, every such person shall, within a reasonable distance from and before pass- ing such cart or carriage, horse, mule, or other beast of burden, or such foot passenger, by sounding a bell or whistle, or otherwise, give audible and sufficient warning of the approach of the carriage.” (Sub-sect. 2.) Penalty for breach of regulations 40s. (not exceeding). The effect of sect. 1, sub-sect. (1)(b), of the Act of 1896 is to provide regulations in addition to, and not in qualification of, any regulations duly made under any Act dealing with vehicles of a particular class. Thus, it must be remembered that the penalty under the Local Government Act, 1888, for a breach of the regulations as to cycles is only 40s., yet under this Act the penalty is one not exceeding 10!, (d). In cases of personal injury being caused by any light locomo- tive, the question of bell or no bell will always have a most important bearing, as negligence in not carrying, or failure to use a bell when carried, would go a long way towards satisfying any Court of the liability of the owner of the light locomotive to indemnify the person injured, or the owner of property injured, whether cattle or goods, for the result of such negligence. 4. No light locomotive shall travel along a public highway at a greater speed than fourteen miles an hour, or than any less speed that may be prescribed by regulations of the Local Government Board. The following are the Local Government Board Regulations, 1896, dealing with the question of speed:— ART. IV.-Every person driving or in charge of a light locomotive (e) when used on any highway, shall comply with the regulations hereinafter set forth, namely:— (1.) He shall not drive the light locomotive when used on (d) 59 & 60 Vict. c. 36, s. 7. (e) By Art. II. (8), the driver is to be oompetent to control and direct the use and movement of a light locomotive. 14 MOTOR CARS. te [$4. (2.) any highway at any speed greater than is reasonable and proper, having regard to the traffic on the high- way, or so as to endanger the life or limb of any person, or to the common danger of passengers (f). He shall not under any circumstances drive the light locomotive at a greater speed than twelve miles an hour. If the weight unladen of the light locomotive is one ton and a half, and does not exceed two tons, he shall not drive the same at a greater speed than eight miles an hour, or, if such weight exceeds two tons, at a greater speed than five miles an hour: Provided that whatever may be the weight of the light locomotive, if it is used on the highway to draw any vehicle, he shall not, under any circumstances, drive it at a greater speed than six miles an hour: Provided also that this regulation shall only have effect during six months from the date of this order, and thereafter until we otherwise direct. This regulation reduces the outside speed of any light looc- motive from the fourteen miles limit permitted by sect. 4 of the Act to a twelve miles limit per hour. The following table of rates of speed allowed to the different classes of carriages or vehicles upon highways will be found useful:— Light locomotives (unladen)— TJnder l; tons, speed not to exceed 12 miles per hour. TJnder 2 tons but over 1% tons, not to exceed 8 miles per hour. TJnder 3 tons but over 2 tons, not to exceed 5 miles per hour. When drawing a vehicle— TJnder any circumstances not to exceed 6 miles per hour. Locomotives (other than light)— TJnder any circumstances not to exceed 4 miles per hour. Passing through any city, town or village, not to exceed 2 miles per hour. See Locomotives Act, 1865 (28 & 29 Vict. c. 83, s. 4). (f) Compare sect. 78 of the Highways Act, 1835, as to regulations of traffic and penalties for furious driving, or negligently causing injury to persons, cattle, &c. on the highway, at p. 52. § 4.] Motor cars. * 15 Carriages of all kinds (other than light locomotives)– May not be driven furiously so as to endanger life or limb of any passenger. See Highways Act, 1835 (5 & 6 Will. 4, c. 50, s. 78). Bicycles, tricycles and velocipedes (other than light locomotives), same as carriages. These are the speeds allowed under general Acts, and are subject to bye-laws in municipal boroughs, &c. It does not necessarily follow that a driver will be enabled to drive his vehicle at the prescribed rates of speed; the only effect of the regulations is that those rates must not be exceeded. The driver must also drive at such less speed than those limits as will enable him to comply with sub-sect. (1) of Art. IV., and to avoid anything like an unreasonable and improper speed, having regard to the traffic on the highway. In the case of all carriages of a particular class, drivers must be careful to comply with any Acts or regulations dealing with the question of speed, as though the new regulations have full effect, yet they do not exempt either a light locomotive, the owner, or the driver (or person in charge), from the operation of any other statutory provision or bye-law, such provisions applying still as though the Regulations of 1896 had never been made. (3.) He shall not cause the light locomotive to travel back- wards for a greater distance or time than may be requisite for the purposes of safety. This regulation must be compared with Art. II. (1), which provides that all light locomotives exceeding 5 cwt. in weight unladen, shall be capable of being worked so as to travel back- wards as well as forwards. This goes to show that, though the regulations contemplate the capability of the locomotive to work in either direction, yet it is only intended that locomotives should be so worked for the purpose of avoiding danger either to themselves or to other car- riages, or cattle, or passengers on the highway. In the interpre- tation of this regulation, regard must always be paid to the surrounding circumstances, and to the danger which it is intended to avoid. The driver must act in a reasonable and prudent manner, and exercise all ordinary care and caution. (4) He shall not negligently or wilfully cause any hurt or damage to any person, carriage, horse, or cattle, or to any goods conveyed in any carriage on any highway (g), (g) Cf. Highways Act, 1835, sect. 78, which imposes a penalty of 57. on the driver of any carriage for wilful misbehaviour or negligence. 16 MOTOR CARS. [$4. or, when on the light locomotive, be in such a position that he cannot have control over the same, or quit the light locomotive without having taken due precautions against its being started in his absence, or allow the light locomotive or a vehicle drawn thereby to stand on such highway so as to cause any unnecessary ob- struction thereof (h). Whenever damage is done negligently or wilfully, the driver or owner, as the case may be (or possibly in some cases both), in addition to the penalties to which they may be liable, are also liable to an action at law by the person who has suffered the injury for damages. It appears that under a very similar section of the London Hackney Carriages Act, 1843 (?), where the magistrate, before whom the case may come, has power, in addition to inflicting a penalty, to award compensation, such adjudication will bar any future action at law (k); but the person suffering such injury may refuse to accept such adjudication, and so reserve his right to sue in the civil Courts for compensation. Therefore, when- ever any person may receive any damage or injury in consequence of the negligent user or wilful misuser of a light locomotive, which may come within some particular class of carriage gov- erned by the earlier Acts (i.e., London Hackney Carriages Act, 1843), he will do well to see that, if proceedings are taken against the owner or driver to recover penalties under such earlier Act, his own rights to greater compensation are reserved; if, however, such proceedings for penalties are taken under sect. 7 of this Act, then in that case he will still be entitled to sue by action at law for compensation, without distinct reserva- tion of his rights. (5.) He shall when meeting any carriage, horse, or cattle (!) keep the light locomotive on the left or near side of the road, and when passing any carriage, horse, or cattle proceeding in the same direction, keep the light locomotive on the right or off side of the same (m). (h) Cf. Towns Police Clauses Act, 1847, sects. 61, 62, 64; London Backney Carriages Act, 1831, sect. 56; London Hackney Carriages Act, 1843, sects. 28–33. (i) 6 & 7 Vict. c. 86. (k) Wright v. L. G. O. Company, 2 Q. B. D. 271. (l) Art. I. The expression “horse’’ includes a mule or other beast of draught or burden; “cattle” includes sheep. - (m) The mere fact of driving on the wrong side is not, by itself, evidence of negligent driving : Lloyd v. Ogleby, 5 C. B. N. S. 667. § 4.] MOTOR CARS. 17 (6.) He shall not negligently or wilfully prevent, hinder, or interrupt the free passage of any person, carriage, horse, or cattle on any highway (n), and shall keep the light locomotive and any vehicle drawn thereby on the left or near side of the road for the purpose of allowing such passage. The above regulations as to passing and meeting are in ac- cordance with the common practice, though it has been no uncommon thing to hear it (wrongly) laid down in some Courts that “there is no right or wrong side of the road.” It appears from the Highways Act, 1835, that, from that date at all events, there has been, for certain purposes, a right and a wrong side. But still, whenever the road is clear, a vehicle of any kind is entitled to use any part of the road. This new regulation, how- ever, introduces nothing new, even in the case of foot passengers, by declaring that the light locomotive shall be kept on the left or near side of the road for the purpose of allowing the passage of “any person,” as the very same words are used in the seventy- eighth section of the Highways Act, 1835. (7.) [Use of bell or other instrument. See note upon sect. 3..] (8.) He shall, on the request of any police constable or of any person having charge of a restive horse, or on any such constable or person putting up his hand as a signal for that purpose, cause the light locomotive to stop and to remain stationary so long as may be reasonably necessary. Refusal would, in addition to the liability to a penalty, possibly entail upon the driver, or owner, liability to pay damages for any injury received by a person in an accident resulting from negligence in refusing to obey such a signal to stop. The following extract, relating to the speed of light locomo- tives, is made from the letter of the Secretary to the Local Government Board (0) addressed to the clerks of the various local authorities:— “Sect. 4 of the Act directs that no light locomotive shall travel along a public highway at a greater speed than fourteen miles an hour, or than any less speed that may be prescribed by regu- lations of the Board. There is considerable difficulty in laying down definite rules as to the speed of light locomotives at the n) Cf. Highways Act, 1835 (5 & 6 Will. 4, c. 50, s. 78). o) 10th November, 1896. 18 MOTOR CARS. [$4. present time, as no experience has been obtained of their use in this country; but the Board have been strongly urged to make . Some general regulations on the subject, and they have dealt with it by Art. IV. of the Order. That article directs that a person driving or in charge of a light locomotive when used on any highway shall not drive it at any speed greater than is reasonable and proper, regard being had to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers. “Regulation (2) of the article further provides that he shall not under any circumstances drive the light locomotive at a greater speed than twelve miles an hour. The Board have con- sidered that some further restrictions should be placed on the speed of light locomotives of considerable weight. The article accordingly provides that if the weight of the light locomotive unladen is one ton and a half, and does not exceed two tons, it shall not be driven at a greater speed than eight miles an hour, or if such weight exceeds two tons, at a greater speed than five miles an hour. A low rate of speed is specially necessary where a light locomotive is used on any highway to draw another vehicle, and the article directs that in this case the light locomo- tive shall not, under any circumstances, be driven at a greater speed than six miles an hour. “The Board are aware that experience may render it desir- able that modifications should be made in the rules on this subject, and they have accordingly provided that Regulation (2) of Article IV, shall only have effect for six months from the date of this Order, and thereafter until they otherwise direct. “It will be understood, that a person driving a light loco- motive will not necessarily be entitled to drive it at the rates of speed mentioned in this Regulation (2). He cannot drive at a greater speed than is prescribed by the regulation, but he must drive at such less speed as is required to enable him not to contravene Regulation (1) of Article IV., which prohibits him from driving at any greater speed than is reasonable and proper, regard being had to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers. “The regulations which the Board have made are of general application, but sub-sect. 2 of sect. 6 of the Act provides that regulations under the section may, if the Board deem it neces- sary, be of a local nature, and limited in their application to a particular area, and may, on the application of any local autho- rity, prohibit or restrict the use of locomotives for purposes of traction in crowded streets, or in other places where such use may be attended with danger to the public. “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 gº § 5.] MOTOR CARS. 19 that the circumstances of their district render further regulations necessary, but the Board would suggest that any such applica- cation should be deferred until some experience has been ob- tained of the working of the general regulations on the subject.” 5. The keeping and use of petroleum, or of any other inflammable liquid or fuel for the purpose of light loco- motives, shall be subject to regulations made by the Secretary of State, and regulations so made shall have effect notwith- standing anything in the Petroleum Acts, 1871 to 1881. The use of petroleum and other inflammable liquid or fuel will still be subject to the Petroleum Acts. The regulations of the Home Secretary are framed for the purpose of limiting and regulating the mode of user or storing of petroleum, &c. The Petroleum Acts will still apply, save in so far as the new regula- tions affect the keeping or use of petroleum for the purpose of light locomotives, and are inconsistent with the Petroleum Acts. The following are the regulations issued by the Home Secre- tary, and dated 3rd November, 1896, together with the following note from the Home Office:— In promulgating the following regulations relating to the keeping, conveyance, and use of petroleum in connection with light locomotives, the Secretary of State for the Home Depart- ment desires to call public attention to the dangers that may arise from the careless use of those more volatile descriptions of petro- leum to which these rules apply, being petroleum to which the Petroleum Act, 1871, applies, and commonly known as “mineral spirit.” Not only is the vapour therefrom, which is given off at ordinary temperature, capable of being easily ignited, but also, when mixed with air, of forming an eaglosive mixture. Hence the necessity for strict precautions in dealing with and handling the same, and for the employment of thoroughly Sound and properly closed vessels to contain the same, the importance of avoiding the use of naked lights in dangerous proacimity to the same or to any place where such petroleum may be kept, and generally of taking precautions to prevent contact of the highly inflammable vapour of this very volatile liquid with any form of artificial light. c 2 20 MOTOR CARS. [Š 5. REGULATIONS. By virtue of the powers conferred on me by the fifth section of the Locomotives on Highways Act, 1896, I hereby make the following regulations for the keeping and use of petroleum for the purposes of light locomotives:— Save as herein provided, the provisions of the Petroleum Acts shall apply to all petroleum kept or used or sold for the purposes of light locomotives (p). In these regulations, the expression “petroleum ” shall mean the petroleum to which the Petroleum Act, 1871, applies, provided that when any petroleum other than that to which the Petroleum Act, 1871, applies, is on or in any light locomotive, or is being conveyed or kept in any place on or in which there is also present any petroleum as above defined (q), the whole shall be deemed to be petroleum as above defined. 1. Petroleum shall not be kept, used, or conveyed, except in tanks or cases of metal so made and closed that no leakage, whether of liquid or vapour, can take place therefrom, and so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken, or become defective or insecure in course of conveyance or use (r); and every air-inlet in any such tank or case shall be at all times, except when the valve, if any, is required to be removed for immediate use or repair, pro- tected by securely affixed wire gauze, the openings in which shall not be less in number than 400 to the square inch. (p) I.e., the new regulations are in addition to, and not in diminution of, the rules as to keeping and storing of petroleum under the Petroleum Acts, and apply only to petroleum to be used for light locomotives. (g) I.e., petroleum to which the Petroleum Act, 1871 (34 & 35 Vict. c. 105), applies. For definition of petroleum in that Act, see post. (r). As to storage and conveyance, see also 34 & 35 Vict. c. 105, ss. 4–9, and 44 & 45 Vict. c. 67, SS. 2, 3, post, pp. 21, 22, 23. § 5.] MOTOR CARS. 21 The Petroleum Aets, 1871 and 1879. Petroleum in the Act of 1871, as amended by the Act of 1879, is defined to be or include (s) any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any products of petroleum, or of the above-mentioned oils. The petroleum to which the Petroleum Acts apply means such petroleum as, when tested in the manner described in the schedule to the Act of 1879, gives off an inflam- mable vapour at a temperature less than seventy-three degrees of Fahrenheit's thermometer. The regulations under the Petroleum Act, 1871, as to the mode in which the petroleum is to be kept, used, or conveyed are more stringent than those prescribed by the regulations. Sects. 4 and 5 of the Act of 1879 deal with the mode in which petroleum is to be carried on board ship, subject to bye-laws to be issued by the Board of Trade (t). Sect. 6 provides that where any petroleum is kept— (a) at any place, except for seven days after importation; (b) is conveyed by land or water between any two places in the United Kingdom; (c) is sold or exposed for sale; the vessel containing it shall have a label attached containing a description of the petroleum, and also the words “highly inflammable” thereon, together with the addition— (a) where a vessel is kept, of the name and address of the consignee as owner: (b) where a vessel is sent or conveyed, of the name and address of the sender: (c) In the case of sale or exposure for sale, of the name and address of the vendor. The penalty for breach of any of the above conditions or rules is forfeiture of the vessel and contents, and a fine not exceed- ing 5l. §. 7 provides that petroleum shall only be stored in pursu- ance of a licence to be obtained by a local authority (see sect. 8), except where— (1) It is kept in separate glass, earthenware, or metal vessels, each containing not more than one pint, and securely stoppered; (2) The aggregate amount, assuming all the vessels to be in , does not exceed three gallons. The penalty for storing petroleum without a licence under this section (7) is not to exceed 201, a day for the period during which it is so stored. The two sub-sections are intended to enable s) 34 & 35 Vict. c. 105, s. 3, and 42 & 43 Vict. c. 47, s. 2. t) See Board of Trade Regulations. 22 Motor CARs. [$ 5. private consumers to keep small quantities stored without any licence. Sect. 8 gives the definition of the local authorities, referred to in the previous section, upon whom power to grant licences under the Act is conferred. (1) City of London; the Court of the Lord Mayor and Alder- men; (2) Metropolis; under the Act the Board of Works: power is now transferred to the County Council (u); (3) Municipal Boroughs; the Mayor, Aldermen, and Burgesses in Council; (4) Any town or place within jurisdiction of Trustees or Im- provement Commissioners; the Trustees or Improvement Commissioners; District Councils now have these powers transferred to them (w); (5) In any other place in England within the jurisdiction of a local board; the local board: District Councils now have these powers transferred to them (a); (6) and (7) relate to Scotland; (8) Within the jurisdiction of any harbour authority; the harbour authority; (9) In any place in England or Ireland where there is no local authority (y); the justices in petty sessions; in Scotland, two or more justices. Sect. 9 defines the conditions under which the above authori- ties shall grant such licences; such conditions may relate to the duration of the licence, the mode of storage, the nature and situation of the premises, the nature of other goods stored with the petroleum, the facilities for testing, and generally as to the safe keeping of the petroleum; such conditions may be such as seem expedient to such local authorities. The charge for the licence is not to exceed five shillings. If a licensee violates any of the conditions, he is to be deemed an unlicensed person, and as such is liable, under sect. 7, to a penalty not exceeding 201. for each day during which he is guilty of such violation. If an application for a licence is refused by a local authority, the applicant may demand the grounds of refusal in writing, and thereupon memorialise, within ten days, the Secretary of State in England or Scotland, or the Lord Lieutenant in Ireland, who may within their discretion grant or refuse a valid licence; this is a provision of sect. 10. By sect. 11 any duly authorized officer may purchase and test any petroleum, or examine the store and take samples. (u) Local Government Act, 1888 (51 & 52 Vict. c. 41, s. 40 (8)). (a) See Local Government Act, 1894 (56 & 57 Vict. c. 73), ss. 21, 25. See also Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 6. (y) Powers of justices transferred to the district councils by Local Govern- ment Act, 1894 (56 & 57 Vict. c. 73), s. 27 (f). § 5.] MOTOR CARS. 23 Sect. 12 provides a penalty not exceeding 207, in any case of obstruction to such an officer. By sect. 13 any court of summary jurisdiction is empowered to grant a warrant, on reasonable grounds, to any person to search for petroleum, and to take samples, seize, and detain it, or the vessels in which it is contained, until a court of summary jurisdiction shall have decided whether any petroleum so found is liable to forfeiture or not. Any person obstructing a person so authorized is liable to a penalty not exceeding 201. Sect. 15 summarizes the mode in which all penalties under the statute may be recovered before a court of summary jurisdic- tion. The schedule to the Petroleum Act, 1879, gives in detail the directions for testing petroleum, in order to ascertain the tem- perature at which it gives off vapour. The Petroleum (Hawkers) Act, 1881 (2) makes the following regulations with respect to the hawking of petroleum, to which the Petroleum Act, 1871, applies:— Sect. 2-(1) Quantity to be conveyed in one carriage, limited to twenty gallons; (2) Wessel in which petroleum is conveyed must be closed and free from leakage; (3) Carriage in which vessels are conveyed must be ventilated, so as to prevent evaporation such as may produce an ex- plosive mixture; (4) No fire or light, &c., to be brought into or dangerously near such carriage; (5) Such carriage to be so constructed that petroleum cannot escape in liquid form; (6) Care to be taken to prevent escape of petroleum into any part of a house, building, drain, or sewer; (7) Petroleum to be stored in licensed premises, and in accord- ance with the licence, whenever it is not in the course of being hawked; (8) Due precautions to be taken to prevent accidents, and to prevent unauthorized persons from having access to the vessels; (9) No article of an explosive or inflammable character, other than petroleum, to be in carriage while used for hawking petroleum. Penalty for breach of any of the above regulations—petroleum, vessels, and carriage liable to forfeiture, and the licensee liable to penalty not exceeding 201. On Summary conviction. (2) 44 & 45 Vict. c. 67, 24 MOTOR CARS. [$ 5. If a servant of the licensee, or other person, commits any of the above offences, he is liable to the same penalty as the licensee. And where the licensee is charged with an offence, he is entitled to have the actual offender brought before the Court; if he proves satisfactorily his own due diligence to enforce execu- tion of these regulations, and that the other person committed the offence without his knowledge or consent, then he, the licensee, shall be exempt from liability, and such other person shall be summarily convicted. By sect. 6 it is declared that— The expression “carriage * includes any carriage, waggon, cart, truck, vehicle, or other means of conveyance by land, in whatever manner the same may be drawn or propelled; and A person shall be deemed, for the purposes of this Act, to hawk petroleum if, by himself or his servants, he goes about carrying petroleum to sell, whether going from town to town or to other men's houses, or selling it in the streets of the place of his residence or otherwise, and whether with or without any horse or beast bearing or drawing burden. The above are the regulations and Acts in force with regard to the Ordinary user of petroleum, and appear to be conveni- ently placed immediately under Regulation (1) of the Home Office Regulations, 1896, having regard to the necessity of ascertaining exactly what petroleum is, and how it can be dealt with under the Petroleum Acts, 1871 to 1881. The following are the remaining Home Office Regulations:— 2. Every such tank or case shall be clearly stamped or securely labelled with a legible metallic or enamelled label with the words, “mineral spirit, highly inflammable, for use with light locomotives.” The above regulation may be compared with sect. 6 of the Petroleum Act, 1871. It will be noticed that the character of the label is defined, and the words to be placed thereon are altered. 3. The amount of petroleum to be in any one such tank or case at one time shall not exceed twenty gallons. It does not appear from the regulations that owners of light locomotives are in any way exempted from the necessity of obtaining a licence to keep petroleum under the Petroleum Act of 1871. It therefore follows that whenever a larger quantity is kept than that allowed by sect. 7 of that Act, the owner must obtain a licence from the local authority, except so far as amended by Regulation (6). Such tanks as are referred to in the previous, § 5.] MOTOR CARS. 25 p- present, and following regulations are presumably tanks either for storage of petroleum intended to be used for light locomo- tives, or tanks intended to be carried in or upon light locomotives for use. (See also Regulation 6.) 4. There shall not be at the same time on or in any one light locomotive more than two of such tanks as aforesaid. This regulation makes the total quantity which may be carried forty gallons. But if the tanks so carried contain less than twenty gallons, still the number of tanks must not exceed two, as the words “such tanks” refer to tanks constructed in accordance with Regulation (1). 5. Before repairs are done to any such tank or case, that tank or case shall, as far as practicable, be cleaned by the removal of all petroleum and of all dangerous vapours derived from the same. There is no similar regulation to be found in the Petroleum Acts. 6. When petroleum for use in, or in connection with, any light locomotive is not being so used, it shall be kept either in accordance with the provisions of the Petroleum Acts (a), or in such tanks aforesaid; provided that the amount of petro- leum which may be so kept in tanks or cases as aforesaid shall not exceed the amount of the petroleum which may be kept on or in any one light locomotive at the same time, and that the tanks or cases shall be kept in the open air, or in some suitably ventilated place. This regulation affords relief from the necessity of the keeping of petroleum only in pursuance of a licence under the Petroleum Act of 1871. Under that Act the only exception to the necessity for a licence is (sect. 7) in the case of the aggregate amount not exceeding three gallons. Now, when an owner keeps petroleum for the purposes of his light locomotive, he may elect either to keep it in accordance with the provisions of the Petroleum Acts (i.e., in pursuance of a licence), or he may keep it without a (a) See 34 & 35 Vict. c. 105, ss. 6, 7, 9. 26 Motor CARs. [$ 5. licence, in pursuance of the regulations, subject to the conditions laid down:- y (a) The tanks or cases must be such as are described in Regulations (1) and (2). (b) The amount of petroleum so kept must not exceed forty gallons in the aggregate, in accordance with Regula- tions (3) and (4). (c) The tanks or cases must be kept either in the open air or in a suitably ventilated place. The effect of these conditions is, that if an owner keeps several light locomotives driven by petroleum, he must take out a licence if he desires to keep a larger quantity of petroleum than may be carried on or in any one locomotive. 7. The filling or replenishing of a tank with petroleum shall not be carried on, nor shall the contents of any such tank be exposed by artificial light, except a light of such construction, position, or character as not to be liable to cause danger, and no artificial light shall be brought within dangerous proximity of the place where any tank containing petroleum is being kept. The danger attaching to the filling or replenishing of tanks does not appear to have been directly dealt with in the Petroleum Acts, although the other danger from artificial lights, when used in connection with the carriage or storage of petroleum, has been recognized in sect. 2 of the Petroleum Act, 1881, and left to be dealt with by local authorities under sect. 9 of the Act of 1871. The question when an artificial light is such as to be liable to cause danger, or when a light is “within dangerous proximity of a place” where petroleum is stored or kept, is one of fact for the consideration of the Court before whom the question is raised. 8. In the case of all petroleum kept or conveyed for the purpose of, or in connection with, any light locomotive— (a) all due precautions shall be taken for the prevention of accidents by fire or explosion, and for the prevention of un- authorized persons having access to any petroleum kept or conveyed, and to the vessels containing, or intended to con- tain, or having actually contained the same; and (b) every person managing or employed on or in connection with any light locomotive shall abstain from every act whatever which § 6.] - Motor CARs. 27 tends to cause fire or explosion, and which is not reasonably necessary, and shall prevent any other person from committing such act. . The above regulation may be compared with those issued by the various local authorities (6), on whom the power of granting licences upon conditions is conferred; and also with sect. 2 of the Petroleum Act, 1881 (c). . All the above regulations are to be enforced in the same manner and by the same officers as under the Petroleum Acts (d). The penalty for the breach of any of the above regulations or bye-laws issued by the Home Secretary is a fine, upon summary conviction, not exceeding 10l. (e). There is no right of appeal from such a conviction, save upon a point of law by case stated for the decision of the High Court (f). In all other cases of breach of any of the Petroleum Acts, or of regulations there- º the penalties enforceable are those to be found in those cts. 6,-(1.) The Local Government Board may make regula- tions with respect to the use of light locomotives on highways and their construction, and the conditions under which they may be used. Regulations in accordance with this section have been issued, and dated 9th November, 1896 (g). Any breach of these regulations is punishable, under sect. 7, by a fine not exceeding 104. (h). The regulations are addressed to the various local authorities in England and Wales. Regula- tions, &c., under this Act in Scotland and Ireland, are dealt with by sects. 10 and 11. All regulations under this Act made by the Local Government Board will, under sect. 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 (b) Under sect. 9 of the Petroleum Act, 1871 (34 & 35 Vict. c. 105). (c) 44 & 45 Vict. c. 67. (d) See sects. 11, 12, 13, of the Petroleum Act, 1871, ante, pp. 22, 23. (e) Locomotives on Highways Act, 1896, sect. 7. (f) See post, p. 42, note on sect. 7. (g) Together with the regulations an explanatory letter has been issued from the Local Government Board to the clerks to local authorities through- out England and Wales, from which extracts are given under the appropriate sections. (h) See note to sect. 7, post, p. 42. 28 - MOTOR CARS. [$6. the operation of any statutory provision or byelaw applicable thereto, and such provision or byelaw will apply as if these regulations had not been made. - REGULATIONs, 1896. ART. I.-In this Order— The expression “carriage other vehicle (). The expression “carriage” in this Order is, by its interpreta- tion, wide enough to include any kind of vehicle to which the Acts cited under sect. 1 of the Act of 1869 could possibly apply. All such carriages as are specified in this Order will be subject to any statutes, regulations, or byelaws, applying to all or any particular class or classes of carriages, in addition to the regula- tions issued by the Local Government Board with respect to light locomotives. ° includes a waggon, cart, or The expression “horse” includes a mule or other beast of draught or burden, and the expression “cattle” includes sheep. .* This interpretation will be more particularly applicable in the consideration of any set of circumstances which may arise under Article IV. of these regulations (k), which relates more generally to the manner in which a light locomotive may be driven along the highway. The owners and drivers of light engines will have their attention particularly called (l) to the manner in which they are required to meet or pass persons, horses, carriages, or cattle. This regulation, with others dealing with the question, may be usefully compared with sect. 78 of the Highways Act, 1835 (m). - The expression “light locomotive” means a vehicle pro- pelled by mechanical power which is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not exceeding in weight, unladen, four (i) See sect. 1 (1)(b) of the Act of 1896, and the Acts cited in the notes thereon, ante, pp. 6–9. (k) Ante, p. 13. (l) Art. IV. (4), (5), (6), and (8), ante, pp. 15–17. (m) See Appendix. § 6.] Motor CARs. 29 tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any tem- porary or accidental cause. This regulation is nothing more than a repetition of sect. 1 (1) in almost the same words (n). In calculating for the purposes of this Order the weight of a vehicle unladen, the weight of any water, fuel, or accumulators used for the purpose of propulsion shall not be included. The words of this regulation are identical with those used in sect. 1 (2) of the Act (o). ART. II-No person shall cause or permit a light loco- motive to be used on any highway, or shall drive or have charge of a light locomotive when so used, unless the condi- tions hereinafter set out shall be satisfied, namely,– It will be noticed that under this regulation both the owner and the driver or servant may be liable to a conviction for one and the same offence whenever there is a breach of any of these conditions. But there is no provision by which the owner is rendered liable for the penalties incurred by the driver or servant as under the Hackney and Stage Carriages Acts is at times provided (p). Discovery of the name and address of the owner, or driver, or person in charge of the light locomotive is dealt with by Art. W. (1.) The light locomotive, if it exceeds in weight unladen five hundredweight, shall be capable of being so worked that it may travel either forwards or backwards. In the various Locomotive Acts there is no suggestion as to construction in the manner contemplated by this regulation, which is obviously intended to afford a means of precaution and safety. Compare with this Art. IV. (3), by which it is made an offence to travel backwards for a greater distance or time than may be requisite for purposes of safety. (n) See note to sect. 1 (1), ante, p. 4. (o) See ante, p. 9. (p) See p. 54. 30 MOTOR CARS. [$ 6. (2) The light locomotive shall not exceed six and a half feet in width, such width to be measured between its extreme projecting points. This is not one of the questions of construction referred to in sect. 1, and therefore, if a vehicle were to exceed the limits pro- vided by this regulation, but complied with all the rules as to construction and weight provided in sect. 1, the vehicle will still loe a light locomotive, though subject to a penalty for breach of the regulation as to width. The width of a locomotive, under the Highways and Locomotives Amendment Act, 1878 (q), is limited to nine feet. (3.) The tyre of each wheel of the light locomotive shall be smooth, and shall, where the same touches the ground, be flat and of the width following, namely,– (a) if the weight of the light locomotive exceeds fifteen hundredweight, but does not exceed one ton, not less than two and a half inches; (b) if such weight exceeds one ton, but does not exceed two tons, not less than three inches; (c) if such weight exceeds two tons, not less than four inches (r). - The width of the tyres is arranged in proportion to the weight of the light locomotive, but there is no regulation at all as to the width required where the light locomotive in under fifteen hundredweight unladen. A comparison of these regulations with those applying to ordinary locomotives shows that the pro- portion is practically the same (s); but whereas the tyre of a light locomotive is required to be smooth and flat, the tyre of the driving-wheel of an ordinary locomotive (i.e., over three tons in weight) may be either cylindrical and smooth-soled, or shod with diagonal cross-bars (t) 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, the intervening space between each such cross-bar not to exceed three inches. As will be seen from the following proviso, however, light locomotives need not always have their tyres flat, where the same (g) 41 & 42 Vict. c. 77, s. 28 (3). (r). The extreme weight of a light locomotive is not to exceed three tons unladen : see sect. 1. (s) Highways and Locomotives Amendment Act, 1878 (41 & 42 Vict. c. 77), s. 28, post, p. 135. (t) Id. s. 28 (4). § 6.] MOTOR CARS. + 31 touch the ground, if and when the material is either pneumatic, or of a soft and elastic material. In such cases the tyre may be round or curved, and also may have upon its surface projections or bosses, provided such projections or bosses are of a similar material to that of which the tyre is made. Provided that where a pneumatic tyre or other tyre of a soft and elastic material is used, the tyre may be round or curved, and there may be upon the same projections or bosses rising above the surface of the tyre if such projections or bosses are of the same material as that of the tyre itself, or of some other soft and elastic material. The width of the tyre shall, for the purpose of this proviso, mean the extreme width of the soft and elastic material on the rim of the wheel when not subject to pressure. The measurement, to comply with this regulation, will be most easily made when the wheel is off the ground, and the tyre thereby relieved from all the weight of the vehicle. (4.) The light locomotive shall have two independent brakes in good working order, and of such efficiency that the application of either to such locomotive shall cause two of its wheels on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the light locomotive as if such wheels were so held. Provided that, in the case of a bicycle, this regula- tion shall apply as if, instead of two wheels on the same axle, one wheel was therein referred to. It will be seen, when dealing with Article III., that the vehicle drawn by a light locomotive is required to have one brake only, of efficient power, in all ways in a similar manner to the brakes on the locomotive, unless the rate of speed does not exceed four miles an hour, in which case the vehicle drawn by the light loco- motive need not have a brake. There is nothing in the regulation to say whether the brakes on the locomotive are to be applied to the driving-wheels or not; this is a matter which is left to the discretion of the owner or builder. 32 MOTOR CARS. [$6. (5.) The light locomotive shall be so constructed as to admit of its being at all times under such control as not to cause undue interference with passenger or other traffic on any highway. The question of control is one which is more conveniently dealt with when considering the rate of speed at which a locomo- tive may travel on the highway. This has been already dis- cussed in connection with sect. 4 and Article IV. (u). In this connection it must also be remembered that every light locomotive on a highway must be under the control of a competent person in accordance with Regulation (8) of the Article II, now under discussion. This regulation seems, to a considerable extent at least, to be an amplification of the previous Regulation (4) as to the requisite brake power to be used, the control more especially referred to being that affected by the mode of construction. (6.) In the case of a light locomotive drawing or con- structed to draw another vehicle, or constructed or used for the carriage of goods, the name of the owner and place of his abode or business, and in every such case, and in the case of every light locomotive weigh- ing unladen one ton and a half or upwards, the weight of the light locomotive unladen shall be painted in one or more straight lines upon some conspicuous part of the right or off side of the light locomotive in large legible letters in white upon black or black upon white, not less than one inch in height. In a tabulated form the following light locomotives must have the owner's name painted on the right or off side, and also the weight— (a) A light locomotive drawing a vehicle; b) A light locomotive constructed to draw a vehicle; (c) A light locomotive constructed or used for the conveyance of goods; (d) A light locomotive weighing one ton and a half or upwards, weight only ; (e) And under Art. III., a vehicle constructed to carry goods. Whenever a light locomotive is being used as a carriage of a particular class, which class is required by any statute, regula- tion, or bye-law to have any name or number painted thereon, w (w) Ante, pp. 13–19. § 6.] MOTOR CARS. 33 or any plate with a name or number attached thereto, then the light locomotive is required to comply with any such statute, regulation, or bye-law. The size and mode of painting the letters upon such a light locomotive are similar to those provided in other similar and earlier Acts dealing with public and private vehicles (a). Where there is no such name painted, or the particulars are omitted as required, then the person driving or in charge of the light locomotive is bound, on request, to give both his own and the owner's name and address (y). (7.) The light locomotive, and all the fittings thereof, shall be in such a condition as not to cause, or be likely to cause, danger to any person on the light locomotive or on any highway. This regulation may be compared with sect. 12 of the Locomo- tives Act, 1865 (z), which forbids the construction or use of a locomotive so as to be a public nuisance, and also reserves the right of any person to recover damages for any injury he may have sustained in consequence of the use of the locomotive (a). Compare it also with Art. IV. (4) of these regulations. This regulation applies only to dangers caused or likely to be caused to persons, and not to animals or property or goods. For in- stance, under this regulation, a light locomotive used with a defective safety-valve, in the case of steam being adopted as the motive power, the owner would be liable to a penalty as provided by sect. 7. It will be for the Court before whom the question is raised to decide whether the particular fitting complained of is such as to be likely to cause danger ; and the question, ap- parently, must always be one of fact. The persons contemplated by the section are not only the public on the highway, but also the individuals on the light locomotive, including the driver or person in charge. Where the danger has actually happened, and caused injury, the Employers' Liability Act, 1880, will apply, whenever the person so injured is a workman within the mean- ing of the Act (b). (8.) There shall be in charge of the light locomotive, when (a) See note to sect. 1 (b), ante, pp. 6–9; and the Highways Act, 1835; and the various Hackney Carriages Acts alluded to there. (y) See Art. V., post, p. 35. (z) 28 & 29 Vict. c. 83. See also 24 & 25 Vict. c. 70, s. 13. (a) See Powell v. Fall (5 Q. B. D. 597; 49 L. J. Q. B. 428), owner liable for damage caused by sparks from a traction engine, on the ground that it is a dangerous machine, even if properly constructed. (b) 43 & 44 Vict. c. 42. - B. - D 34 - MOTOR CARs. [$6. used on any highway, a person competent to control and direct its use and movement. - Compare also Art, III. (3), which requires that the vehicle drawn by a light locomotive shall, under certain circumstances, carry a person competent to apply the brake. The competency, necessary for compliance with this regulation, must be construed in a reasonable manner by the Court, and is a question of fact. (9.) Tamps. [See note to sect. 2 (c).] ART. III. No person shall cause or permit a light locomo- tive to be used on any highway for the purpose of drawing any vehicle, or shall drive or have charge of a light locomo- tive when used for such a purpose, unless the conditions here- inafter set forth shall be satisfied, namely— (1.) Regulations (2), (3), (5), and (7) of Art. II. of this Order shall apply as if the vehicle drawn by the light locomotive was therein referred to instead of the light locomotive itself, and Regulation (6) of the article shall apply as if such vehicle was a light locomotive constructed for the carriage of goods. - The above regulation puts vehicles drawn by light locomotives into the same category, for the purposes of the regulations, as light locomotives, so far as regards width, tyres of wheels, con- trol, condition of fittings, and name and address of the owner. These regulations have been dealt with in the notes upon Art. II. (2.) The vehicle drawn by the light locomotive, except where the light locomotive travels at a rate not ex- ceeding four miles an hour, shall have a brake in good working order of such efficiency that its application to the vehicle shall cause two of the wheels of the vehicle on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the vehicle as if such wheels were so held. - This is very similar to Regulation (4) of Art. II., with the (e) Ante, p. 11. § 6.] MOTOR CARs. 35 exception that by this regulation only one brake is required to be used, in the place of two independent brakes which are re- quired in the case of light locomotives. This regulation does not contemplate the use of bicycles at all as vehicles to be drawn by a light locomotive. Probably the only two-wheeled vehicles, if any, used in this manner, will be built with parallel wheels like ordinary two-wheeled carriages or carts, in which case both wheels must be affected by the brake. (3.) The vehicle drawn by the light locomotive shall, when under the last regulation a brake is required to be attached thereto, carry upon the vehicle a person com- petent to apply efficiently the brake (d); Provided that it shall not be necessary to comply with this regulation if the brakes upon the light locomotive by which the vehicle is drawn are so constructed and arranged that neither of such brakes can be used without bringing into action simultaneously the brake attached to the vehicle drawn, or if the brake of the vehicle drawn can be applied from the light locomo- tive independently of the brakes of the latter. The question of the competency of the person required to apply the brake upon a vehicle is one of fact, as in the case of the driver or person in control of the light locomotive. When the brake of the vehicle can be applied directly from the light locomotive, the necessity for the presence of a brakesman on the vehicle is dispensed with. ART. TV. [This article is dealt with under sect. 4, and regulates the speed of all light locomotives (e).] ART. W. If the light locomotive is one to which Regula- tion (6) of Art. II. applies, and the particulars required by that regulation are not duly painted thereon, or if the light locomotive is one to which that regulation does not apply, the person driving or in charge thereof shall, on the request of any constable, or on the reasonable request of any other - º Cf. Art. II. (8). e) Ante, pp. 13–19. D 2 36 MOTOR CARS. [$6. person, truly state his name and place of abode, and the name of the owner, and the place of his abode or business. A similar provision is to be found in sect. 78 of the Highways Act, 1878. A reasonable request appears to include any occa- sion when the driver or person in charge of the light locomotive has infringed any of the regulations, or may be reasonably sup- posed to have caused, or contributed to, any accident by either wilful or negligent misconduct. This Order may be cited as “The Light Locomotives on Highways Order, 1896.” The following extracts are made from a letter from the Secre- tary of the Local Government Board (f), and addressed to the clerks of the various local authorities; these extracts refer to, and are explanatory of, the regulations:— REGULATIONS OF BOARD AS TO LIGHT LOCOMOTIVES, Section 6 of the Act empowers the Board to make regula- tions with respect to the use of light locomotives on highways, and their construction, and the conditions under which they may be used. The Board, after communicating with other. Government Departments interested, and with a large number of local authorities, manufacturers of locomotives, and other persons and bodies concerned, and considering the suggestions thus obtained, have issued an Order making regulations in pursuance of the power conferred upon them by the section, and copies of the Order are enclosed. In the Act, as already explained, the term “light loco- motive ’’ includes vehicles which are exempted from the enactments in the schedule, whether they are locomotives or are drawn by locomotives. For the purposes of the Order, however, it has been found convenient not to include in the term any vehicle drawn by a locomotive. Article I. accordingly provides that in the Order the eaſpression “light locomotive ’’ shall mean a vehicle propelled by mechanical power which is under three tons in weight wnladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not eacceed- Żng in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom eacept from any temporary or accidental cause. In the part of this circular dealing with regulations made (f) 10th November, 1896. § 6.] MOTOR CARS, 37 by the Board under the Act, the term “light locomotive" is used in this sense. In calculating for the purposes of the Order the weight of a vehicle unladen, the weight of any water, fuel, or accumu- lators used for the purpose of propulsion is not to be included. Article II. prohibits any person from causing or permitting a light locomotive to be used on any highway, or from driving or having charge of a light locomotive when so wsed, unless certain conditions are satisfied. These conditions' require that the light locomotive, if it eaceeds in weight wnladen 5 cwt., shall be capable of being so worked that it may travel either forwards or backwards, and relate to the width of the light locomotive, the smoothness and width of the tyres of the wheels and to the brakes. They also require that the light locomotive shall be so constructed as to admit of its being at all times under such control as not to cause wndue interference with passenger or other traffic on any highway, that the light locomotive and all its fittings shall be in such a condition as not to cause, or to be likely to cause, danger to any person on the light locomotive or on any high- way, and that there shall be in charge of the light locomotive, when used on any highway, a person competent to control and direct its use and movement. Regulation (6) of Article I. (g) requires that the name of the owner and the place of his abode or business, and the weight of the light locomotive unladen, shall, in the case of a light locomotive drawing or constructed to draw another vehicle, or constructed or used for the carriage of goods, be painted wn one or more straight lines upon some conspicuous part of the right or off side of the light locomotive in large legible letters, in white upon black or black upon white, not less than one inch in height. Moreover, the weight of the light loco- motive must in every case, where unladen it amounts to a ton and a half or upwards, be painted on it in a similar manner. It will be observed that this regulation will not extend to all light locomotives. So far as it relates to the name of the owner and the place of his abode or business, it will only apply to the case of any light locomotive drawing or constructed to draw another vehicle, or constructed or used for the carriage of goods, whilst as regards the weight of the light locomotive *t will apply to these cases and also to the case of any light locomotive weighing a ton and a half or upwards. If the light locomotive is one to which the regulation applies, and the particulars required are not duly painted on it, or if the light locomotive is not one to which the regulation applies, the person driving or in charge of it is required by (g) This should be Art. II. 38 MOTOR CARS. [$ 6. Article V. of the Order, on the request of any constable, or on the reasonable request of any other person, to truly state his name and place of abode, and the name of the owner, and the place of his abode or business. Section 2 of the Act directs that during the period between one hour after sunset and one hour before sunrise the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to eachibit a light in accordance with the regulations to be made by the Board. Regulation (9) of Article I. of the Order accordingly makes ?t one of the conditions upon which a light locomotive can be wsed on a highway that the lamp to be carried attached to it fin pursuance of section 2 of the Act shall be so constructed and placed as to eachibit, during the period between one hour after sunset and one hour before sunrise, a white light visible within a reasonable distance in the direction towards which the light locomotive is proceeding or is intended to proceed, and to exhibit a red light, so visible in the reverse direction. The lamp must be placed on the extreme right or off side of the light locomotive in such position as to be free from all obstruction to the light. The regulation will not eatend to bicycles, tricycles, velocipedes, or other similar machines. Section 85 of the Local Government Act, 1888, contains provisions as to the lamp to be carried by these machines. Article III, of the Order deals with any vehicle drawn by a light locomotive, and prohibits any person from causing or permitting a light locomotive to be used on a highway for the purpose of drawing any vehicle, or from driving or having charge of a light locomotive when used for this purpose, wnless certain conditions are satisfied. The effect of the article is to make applicable to a vehicle drawn by a light locomotive the conditions in Article II. with respect to the width of the light locomotive, and to the tyres of the wheels, with respect to the construction of the light locomotive so as to secure its being under such control as not to cause undue interference with passenger or other traffic on any highway, and with respect to the light locomotive and its fittings being in such a condition as not to cause, or to be likely to cause, danger to any person on the light locomotive or on any highway. The regulations in Article II. on these subjects will apply as if the vehicle drawn by a light locomotive was therein referred to instead of the light locomotive itself. Moreover the name of the owner, and the place of his abode or business, and the weight of the vehicle, must be painted on it in the manner directed by Regulation (6) of Article II. in the case of a light locomotive constructed for the carriage of goods. Article III. also directs that any vehicle drawn by a light locomotive, eaccept where the light locomotive travels at a rate § 6.] MOTOR CARS. 39 not exceeding four miles an hour, must have a brake of a prescribed efficiency, and requires that the vehicle shall carry upon it a person competent to apply the brake efficiently. It will not, however, be necessary to comply with this last con- dition, if the brakes upon the light locomotive by which the vehicle is drawn are so constructed and arranged that neither of them can be used without bringing into action simul- taneously the brake attached to the vehicle drawn, or ºf the brake of the vehicle drawn can be applied from the light locomotive independently of the brakes of the latter. By Article IV. regulations are made with which every person driving or in charge of a light locomotive when used on any highway is required to comply. These regulations are intended to prevent injury being caused by any light Jocomotive to any person, carriage, horse, or cattle, or to any goods conveyed in any carriage on a highway, and also to prevent obstruction of the highway by light locomotives or vehicles drawn by them, or undue interference with the ordinary traffic. The usual rules applicable where carriages meet or pass each other are required to be observed in the case of light locomotives, and any person driving or in charge of a light locomotive must, on the request of any police constable or of any person having charge of a restive horse, or on the constable or person putting up his hand as a signal for that purpose, cause the light locomotive to stop, and to remain stationary so long as may be reasonably necessary. The provision in section 3 of the Act that every light łocomotive shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage is supplemented by Regulation (7) of Article IV., which directs that the person driving or in charge of the light locomotive shall, whenever necessary, by sounding such bell or other instrument, give audible and sufficient warning of the approach or position of the light locomotive. SPEED of LIGHT LOCOMOTIVEs. Section 4 of the Act directs that no light locomotive shall travel along a public highway at a greater speed than 14 miles an hour, or than any less speed that may be prescribed by regulations of the Board. There is considerable difficulty tº laying down definite rules as to the speed of light loco- motives at the present time, as no eacperience has been obtained of their use in this country; but the Board have been strongly wrged to make some general regulations on the subject, and they have dealt with it by Article IV. of the Order. That article directs that a person driving or in charge of a light locomotive when used on any highway shall not drive it at any speed greater than is reasonable and proper, regard being had to the traffic on the highway, or so as to endanger the 40 MOTOR CARS. [$6. life or limb of any person, or to the common danger of passengers. Regulation (2) of the article further provides that he shall not under any circumstances drive the light locomotive at a greater speed than 12 miles an hour. The Board have considered that some further restrictions should be placed on the speed of light locomotives of considerable weight. The article accordingly provides that if the weight of the light locomotive unladen is one ton and a half, and does not eacceed two tons, it shall not be driven at a greater speed than eight miles an hour, or if such weight exceeds two tons, at a greater speed than five miles an hour. A low rate of speed is specially necessary where a light locomotive is used on any highway to draw another vehicle, and the article directs that in this case the light locomotive shall not, under any circumstances, be driven at a greater speed than six miles an hour. The Board are aware that eaſperience may render it desirable that modifications should be made in the rules on this subject, and they have accordingly provided that Regu- lation (2) of Article IV, shall only have effect for six months from the date of the Order, and thereafter until they otherwise direct. It will be understood that a person driving a light loco- motive will not necessarily be entitled to drive it at the rates of speed mentioned in this Regulation (2). He cannot drive at a greater speed than is prescribed by the regulation, but he must drive at such less speed as is required to enable him not to contravene Regulation (1) of Article IV., which prohibits him from driving at any greater speed than is reasonable and proper, regard being had to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers. The regulations which the Board have made are of general application, but sub-section (2) of section 6 of the Act pro- vides that regulations under the section may, if the Board deem it necessary, be of a local nature and limited in their application to a particular area, and may, on the application of any local authority, prohibit or restrict the use of loco- motives for purposes of traction in crowded streets, or in other places where such use may be attended with danger to the public. 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 ºregulations necessary, but the Board would suggest that any such application should be deferred until some eaſperience has been obtained of the working of the general regulations on the subject, § 6.] MOTOR CARS. 41 (2) Regulations under this section may, if the Local Government Board deem it necessary, be of a local nature, and limited in their application to a particular area; and may, on the application of any local authority, prohibit or restrict the use of locomotives for the purpose of traction in crowded streets, or in other places where such use may be attended with danger to the public. Reference has been made, immediately above this section, to the letter of the Local Government Board, which states that applications under this section should be deferred until expe- rience of the working of the regulations has been gained. All regulations under this section shall have full effect, notwithstanding anything in any other Act, whether general or local, or any bye-laws or regulations made thereunder. Every regulation purporting to be made in pursuance of this section shall forthwith be laid before both Houses of Parliament. - Compare with this part of the section sub-sect. 1 (b) of sect. 1. As to the effect of these regulations, the following concise state- ment appears in the letter from the Local Government Board, referred to previously (h):— “All regulations made by the Board under the Act will, under sect. 6 (2), have full effect, notwithstanding anything in any other Act, whether general or local, or any bye-law or regu- lations 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.” References have already been made to the more important statutes, regulations and bye-laws, which may or do apply to light locomotives, in the note to sect. 1 (1) (b)(i), and in Chap- ter II., where the material parts will be found (k). 7. A breach of any bye-law or regulation made under this h) 10th November, 1896. i) See ante, p. 6. And see also Appendix. (k) Page 51. 42 MOTOR CARS. [S 7. Act, or of any provision of this Act, may, on summary con- viction, be punished by a fine not exceeding ten pounds. Summary convictions are obtained before justices of the peace, acting under the Summary Jurisdiction Acts of 1848 and 1879. With regard to appeals from summary conviction, these are dealt with under the provisions of the Summary Jurisdiction Act, 1857. A metropolitan or stipendiary magistrate has, under sect. 33 of the Summary Jurisdiction Act, 1848 (!), and the Stipen- diary Magistrates Act, 1858 (m), s. 1, power to act alone wher- ever any act is authorized to be done by one, two, or more justices of the peace. - There is no appeal allowed under this Act from a summary con- viction (n), except by a case stated for the opinion of the High Court of Justice under the provisions of the Summary Jurisdic- tion Act, 1857 (o), the Summary Jurisdiction Act, 1879 (p), and subject to the Summary Jurisdiction Rules, 1886 (q). A case may only be stated on behalf of an aggrieved party when dissatisfied with the determination as being erroneous in point of law (r), or on the ground of excess of jurisdiction (s). The justices, however, may refuse to state a case whenever an application is made which they consider frivolous, subject, how- ever, to the right of the person dissatisfied applying to the High Court for a rule compelling the justices to state a case. The procedure before courts of summary jurisdiction, together with the procedure applying to appeals (if any), and the stating of cases, will be found in the text-books dealing with those subjects; the scope of such subjects is too wide and too full of detail to be usefully condensed in this work (t). A light locomotive, and the owner or driver or person in charge thereof, may also be subject to penalties for breach of regula- tions, or bye-laws, or statutes relating to carriages of any par- ticular class (u). 8.—(1) On and after the first day of January next (a) after the passing of this Act, there shall be granted, charged, (l) 11 & 12 Vict. c. 43. (m) 21 & 22 Vict. c. 73. (n). Cf. 42 & 43 Vict. c. 49, s. 19. Appeal where sentence of imprisonment. (0) 20 & 21 Vict, c. 43. (p) 42 & 43 Vict. c. 49, s. 33. (g) See Chitty’s Statutes, vol. vi. (1895), “Justices.” (r) 20 & 21 Vict. c. 43, s. 2. s) 42 & 43 Vict. c. 49, s. 33. § See Chitty’s Statutes, tit. “Justices; ” Stone's Practice for Justices of the Peace; Atkinson’s Magistrates’ Annual Practice, &c. (w) See note to sect. 1 (1)(b). (a) 1st January, 1897. § 8.] MOTOR CARS. 43 and paid in Great Britain for every light locomotive which is liable to duty, either as a carriage or as a hackney carriage, under section 4 of the Customs and Inland Revenue Act, 1888, an additional duty of excise at the following rate, namely:- £ 8. d. If the weight of the locomotive exceeds one ton unladen, but does not exceed two tons unladen 2 2 0 If the weight of the locomotive exceeds two tons 3 3 0 (2) Every such duty shall be paid together with the duty on the licence for the locomotive as a carriage or a hackney carriage, and shall in England be dealt with in manner directed with respect to duties on local taxation licences within the meaning of the Local Government Act, 1888, and in Scotland be paid into the Local Taxation (Scotland) Account, and be dealt with as part of the residue within the meaning of section 2, sub-section (3), of the Local Taxation (Customs and Excise) Act, 1890. Sub-sect. (1) provides that the additional duty shall be payable in respect of any light locomotive which is already chargeable with a duty under sect. 4 of the Customs and Inland Revenue Act, 1888 (y), either as a carriage or hackney carriage. The following are the duties payable under that section, which provides— The Customs and Inland Revenue Act, 1888. 4.—(1) The duties of excise for carriages now payable in Great Britain shall cease to be payable on and after the 1st day of January, 1889, and on and after that day there shall be granted, charged, and paid in Great Britain the following duties of excise, that is to say:— For every carriage as hereinafter defined— £ s. d. If such carriage shall have four and more wheels, and shall be drawn, or be adapted or fitted to be drawn, by two or more horses or mules, or shall be drawn or propelled by mechanical power. . . . . . . . . . . . . . 2 2 0 (y) 51 & 52 Vict. c. 8, s. 4. 44 MOTOR CARS, [$8. If such carriage shall have four or more wheels, and £ s. shall be drawn or be adapted to be drawn by one horse or mule only . . . . . . . . . . . . . . . . . . . . . . . . . . 1 If such carriage shall have less than four wheels . . 0 15 For every hackney carriage as hereinafter defined. . 0 15 1 d. 0 0 0 and such duties shall be paid annually upon licences to be taken out under the provisions of the Act of the thirty-second and thirty-third years of her Majesty’s reign, chapter four- teen, as amended by any enactment; and in the construction of that Act as applicable to a licence for a carriage or hackney carriage under this Act, the term “carriage,” as therein used, shall embrace a “hackney carriage * as well as a “car- riage” as herein defined. (2) Where a person commences to keep or use a carriage or a hackney carriage on or after the first day of October in any year, he shall, upon delivering a declaration in writing signed by him to that effect, be entitled to take out a licence for such carriage or hackney carriage upon payment of one- half of the amount of the duty which would otherwise be payable in respect thereof. The effect of sect. 8, with which we are now dealing, when read with the two above sub-sections, is, that a light locomotive is liable, firstly, to a duty as a light locomotive, and secondly to a duty as a carriage or hackney carriage. But before any light locomotive becomes so chargeable or liable, it must be a carriage or hackney carriage within the meaning of the Customs and Inland Revenue Act, 1888; if it is not so chargeable, then it will not be chargeable as a light locomotive. The definition of what is a “carriage” or “hackney carriage” within that Act is found in sect. 4, sub-sect. 3, which is as follows (z):— (3) In the construction of this section each of the following terms has the meaning hereby assigned to it:— “Carriage” means and includes any carriage (except a hackney carriage) drawn by a horse or mule, or horses or mules, or drawn or propelled upon a road or tramway, or (z) See ante, note to sect. 1 (1)(b), p. 6. § 8.] MOTOR CARS. 45 elsewhere than upon a railway, by steam or electricity, or any other mechanical power (a), but shall not include a waggon, cart, or other such vehicle, which is constructed or adapted for use, and is used, solely for the conveyance of any goods or burden in the course of trade or husbandry, and whereon the christian name and surname, and place of abode, or place of business of the person, or the name or style and principal or only place of the company or firm, keeping the same, shall be visibly and legibly painted in letters of not less than one inch in length. The above part of this sub-section deals with what may be termed private carriages, whether owned by individuals, or firms, or companies, as distinguished from hackney carriages, which are defined in the later part of the sub-section. So far as light locomotives are concerned, it is only necessary to consider that part only which relates to carriages drawn or propelled upon a road or tramway, or elsewhere than upon a railway, by steam or electricity or any other motive power. The duty payable in respect of such a carriage as is within the definition and is a light locomotive can only be either the higher one, amounting to two guineas, or the lowest one, amounting to fifteen shillings; the reason for this is, that the intermediate duty of one guinea is payable in respect only of a carriage drawn or adapted or fitted to be drawn by one horse or mule only, while all mention of propulsion of such a carriage by mechanical power is omitted, probably because such a carriage as a light locomo- tive was not contemplated at that time; while under the previous Act (b) the test as to the liability of a carriage to duty was by weight. # will be observed that, by reason of the words of this sub- section, a bicycle, or tricycle, or any similar vehicle, when pro- pelled by steam, electricity, or any other mechanical power, so as to come within the definition of a light locomotive, and enjoying the benefits of, and subject to the penalties or liabilities imposed by this Act, will be liable to pay duty as a carriage on the scale applying to the number of wheels which such bicycle, tricycle, or similar vehicle may have. The carriages exempted from duty by this sub-section (as being used solely for conveyance of goods, &c.) are also exempted from payment of duty as light locomotives when used as such, and no duty whatever is payable in respect of them. (a) Cf. exemption of “any vehicle propelled by mechanical power” from locomotive statutes by sect. 1 (1) of the Act under discussion. (b) Customs and Inland Revenue Act, 1869 (32 & 33 Vict. c. 14), s. 18. 46 MOTOR CARS. [S 8. Sect. 8 (1) and (2) provides for payment of a duty in respect of every light locomotive which is liable to duty either as a carriage or hackney carriage under sect. 4 of the Customs and Inland Revenue Act, 1888, above quoted; and it further pro- vides that the duty payable in respect of a light locomotive shall be in addition to the duty payable in respect of it as a carriage under the Revenue Act, 1888; but no part of sect. 8 provides for payment of any duty at all by light locomotives, which are exempted by sect. 4 of the Revenue Act, 1888. Such vehicles, to be within the exemption, must be used “solely” for the conveyance of goods or burden, and in addi- tion the name and address of the owner must be painted on such vehicles. The words of this section, which deal with the exemp- tion of these trade or agricultural carts, are almost identical with those contained in sect. 19 (6) of the Customs and Inland Revenue Act, 1869 (c). The Local Government Board Regula- tions, 1896 (d), deal with the mode of painting the owner's name and address upon trade carts in the shape of light locomotives, and the subject has been already discussed (e). Under the Act of 1869, it has been decided that the business of a travelling circus is not a trade, and that carriages belonging to the circus, and used for carrying the band and other performers round a town in a parade, are not carriages “solely” used for the con- veyance of any goods and burden in the course of trade, so as to be exempt from duty (f). It follows that, in order to claim exemption, a light locomotive, or vehicle drawn by a light loco- motive, must be bond fide used exclusively and solely for the conveyance of goods or burden in the course of trade or hus- bandry. The remaining portion of the sub-section deals with the definition of hackney carriages, and is as follows:— “Hackney carriage * means any carriage standing or ply- ing for hire, and includes any carriage let for hire by a coachmaker or other person whose trade or business is to sell carriages, or to let carriages for hire, provided that such carriage is not let for a period amounting to three months OT IOlCTé. - The above is substituted in the place of sect. 3 of the Customs and Inland Revenue Act, 1884 (g). - º 32 & 33 Vict. c. 14, s. 19 (6). Sub-sect. (6) repealed by Customs and Inland Revenue Act, 1888, sect. 26. (d) Art. II. (6), and Art. III. (1). (e) See p. 32, note to Art. II. (6). (f) Speak v. Powell, L. R. 9 Exch. 25. (g) 47 & 48 Vict. c. 25, s. 3, which refers to a hackney carriage as defined § 8.] MOTOR CARS. 47 By sect. 27 of 33 & 34 Wict. c. 14, a penalty was imposed on every person keeping a carriage without a licence ; and further, by sect. 11 of 38 & 39 Wict. c. 23, it is provided that “every person who shall let a carriage for hire for any period less than one year shall, for the purposes of the said Act, be deemed to be the person keeping such carriage.” The following case has been decided upon these two sections:—A coachbuilder, by an agree- ment in writing, let out to another person two cabs on hire at the rate of 30s. per week. It was agreed that, upon regular weekly payment of this sum for a fixed period, and upon further pay- ment of a fixed sum of money on the expiration of such period, the cabs should become the property of the hirer; otherwise, on default in any payment, the coachbuilder was to be allowed to repossess himself of the cabs. It was held that this was not letting the cabs for hire for any period less than one year so as to render the coachbuilder liable to be deemed to be the person keeping such cabs (h). It has also been decided under the above sub-section (3) that an omnibus plying for hire on a fixed route is to be deemed a hackney carriage within the meaning of the Act, and liable to duty as such (?). The following is an extract from the letter from the Secretary to the Local Government Board to the clerks of local authorities relating to the excise duties to be levied upon light locomotives:— “ Under section 4 of the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), certain excise duties are payable for every carriage and every hackney carriage as thereby defined . . .” The letter then sets out the definition, already given, and pro- ceeds:— “The duties imposed by the section will be payable for light locomotives, which are carriages or hackney carriages as above defined; but besides these, where a light locomotive is liable to duty, either as a carriage or as a hackney carriage, under sect. 4 of the Customs and Inland Revenue Act, 1888, an additional excise duty will, on and after the 1st of January next, be payable for it under sect. 8 of the new Act, at the following rate, namely”(k). The letter continues:—“Every such duty must be paid together with the duty on the licence for the locomotive as a carriage or a hackney carriage, and it will be dealt with in manner directed with respect to duties on local taxation licences within the mean- ing of the Local Government Act, 1888. The duty will accord- by the Metropolitan Public Carriages Act, 1869, and the Towns Police Clauses Act, 1847. See note to sect. 1 (1) (b). (h) Barber v. Callow, 2 C. P. D. 558; 37 L. T. 130. (i) Hickman v. Birch, 24. Q. B. D. 172. It will be remembered that by the Towns Police Clauses Act, 1889, sect. 4, “hackney carriage” includes “omnibus.” for the purposes of that Act: see p. 56. (k) Set out in sect. 8, ante, p. 43. 48 - MOTOR CARS. - [$ 9. ingly be collected by the Inland Revenue Commissioners, and be paid with the proceeds of the duties on local taxation licences into the Local Taxation Account.” 9. The requirements of sub-sect. (4) of sect. 28 of the Płighways and Locomotives Act, 1878, may be from time to time varied by order of the Local Government Board. The regulations as to the wheels, and construction thereof, of light locomotives have been dealt with in the note to sect. 6 (1), and to Art. II. (3) (!). This section (9) does not apply to light locomotives at all, as sect. 28 of the Highways and Locomotives Act, 1878, is included in Part II. of that Act, and Part II. of that Act is one of the enactments from which light locomotives are exempted by sect. 1, and by the schedule. The following extract from the letter of the Secretary to the Local Government Board refers to this section :- “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-sect. (4) of sect. 28 of the Highways and Locomotives (Amendment) Act, 1878, pro- vides 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. Sect. 9 of the new Act provides that these requirements may be from time to time varied by order of the |Board. As sect. 28 of the Act of 1878 is included in Part II. of that Act, and light locomotives are exempted from this Part, neither sub-sect. (4) of sect. 28 of the Act of 1878, nor sect. 9 of the Act of 1896, will apply to these locomotives.” 10. [This section deals only with the application of the Act to Scotland, and the author does not propose to deal with it further than to point out that the only difference in its application is, as regards the authority to make regulations under the Act, being vested in the Secretary for Scotland.] 11. [This section deals with the application of the Act to Ireland, and provides for the substitution of certain Irish authorities for the equivalent authorities in England or Wales, as regards the making of regulations under the Act.] (l) See ante, p. 30. § 12.] MOTOR CARS, - 49 12. This Act may be cited as the Locomotives on High- ways Act, 1896, and shall come into operation on the expira- tion of three months from the passing thereof (m). SCEIEDULE, ENACTMENTs which ARE NOT TO APPLY TO LIGHT LocoMoTIVEs. The Locomotives Act, 1861 (24 & 25 Wict. c. 70), except so much of section one as relates to tolls on locomotives, and Sections seven and thirteen, Section forty-one of the Thames Embankment Act, 1862 (25 & 26 Wict. c. 93). The Locomotives Act, 1865 (28 & 29 Wict. c. 83). The Locomotives Amendment (Scotland) Act, 1878 (41 & 42 Wict. c. 58). Part II. of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77). Section six of the Public Health (Ireland) Amendment Act, 1879 (42 & 43 Wict. c. 57). All the above scheduled Acts are inoperative as regards light locomotives, but are still in force as regards locomotives outside the scope of the present Act (n). It will be observed that por- tions of sect. 1, and the whole of sects. 7 and 13, of the Locomo- tives Act, 1861, are left unrepealed. Sect. 1 of that Act requires trustees, &c., acting in execution of any existing general or local turnpike road, or public bridge Act to demand certain tolls in respect of every locomotive pro- pelled by any power, and containing within itself the machinery for its own propulsion. The tolls to be according to weight, and to be equal to the tolls payable in respect of waggons, wains, or carts of a similar size or with similar wheels, in the proportions there laid down. - Sect. 7 renders the owner of a locomotive liable to repair, and make good the damage to, any bridge or part thereof which may be injured by a locomotive. It also provides for compensation being paid by such owner to reimburse and make good all losses and expenses incurred by the trustees, conservators, or other managers of such a bridge, as well as by any person obstructed, (m) I.e., 14th November, 1896. (n) See note to sect. 1 (1), ante, p. 2. 50 MOTOR CARS. [SCHED. delayed, or interrupted by such injury; all such damages or compensation are to be recovered by action at law. Sect. 13 provides that nothing in the Act shall authorize any person to use upon a highway a locomotive engine which shall be so constructed or used as to cause a public or private nuisance; and that every such person so using such engine shall be liable to an indictment or action, as the case may be (notwithstanding the Act), for such use wherever, but for the Act, an indictment or action might be maintained. The section of the Thames Embankment Act, 1862, which is repealed as regards light locomotives, forbade the use of locomo- tives in streets made under that Act. The other Acts repealed call for no particular notice, relating, as they do, wholly to locomotives as distinguished from light locomotives. ( 51 ) CELAPTER II. HACKNEY AND OTHER CARRIAGES ON HIGHWAYS. ALL stage, hackney, and other carriages or carts, and all light locomotives, being carriages within the Highway Acts (a), have to conform with those Acts, and the drivers will be subject to all regulations under and held liable for all offences under those Acts. The following are offences relating to riding and drivin upon highways under the General Highway Act, 1835 (b), for which the owner or driver respectively are liable:– A (under sect. 76). The owner is liable to a fine of 40s. for allowing any waggon, cart, or other such carriage to be used without the name and description of the owner being painted thereon, together with his address, in legible letters at least one inch in length. A driver of a waggon, &c., which has not the owner's name painted thereon as required, is subjected to a penalty if he refuses to disclose such name (c). B (sect. 78). A driver may only act as driver of two carts, if each is drawn by one horse only, and if the horse of the hinder cart shall be attached by a rein in length not exceeding four feet to the back of the foremost cart. If the driver infringe this section he is liable to a penalty of 20s. (d). C (sect. 78). The driver of any carriage whatsoever, by negligence or misbehaviour, causing any hurt or dam- (a) Bicycles, tricycles, velocipedes and similar vehicles, are carriages within the Highway Acts: 51 & 52 Vict. c. 41, s. 85. (b) 5 & 6 Will. 4, c. 50. Cf. with this Act the Local Government Board Begulations, 1896, Arts. TV. and V., ante, pp. 13, 35. (c) The section applies to all carriages ejusdem generis. A light cart, used occasionally to carry agricultural implements, is not within the section: Danby v. Hunter, 5 Q. B. D. 20; 49 L. J. M. C. 15; 41 L. T. (N.S.) 622. (d). Wide a similar provision in the Towns Police Clauses Act, 1847 (10 & 11 Vict. c. 89, s. 28). As to what is a compliance with the section, see Robertson v. Birkett, 32 L. T. (O.S.) 105. E 2 52 HACKNEY AND STAGE CARRIAGES. age to any person, horse, cattle, or goods conveyed in any carriage passing on the highway, is liable to a penalty not exceeding 5l. in the case of the driver, or 10l. if the driver is also the owner. D. The driver of a carriage quitting the same, and going behind the hedge or fence of the highway, is liable to a similar penalty as in C. E. The driver of a carriage, negligently or wilfully being at such a distance from such carriage, or in such a situa- tion that he cannot have control of the horses or cattle drawing the same, is liable to a similar penalty as in C. (e). F. The driver of a carriage leaving the carriage on the highway so as to obstruct the same, is liable to a similar penalty as in C. G. The driver of a waggon, cart, or carriage meeting another waggon, &c., and not keeping on the left or near side, is liable to a similar penalty as in C. H. The driver of a waggon, cart, or carriage wilfully inter- rupting the free passage of a highway, is liable to a similar penalty as in C. J. Any person driving any sort of carriage furiously, so as to endanger the life or limb of any passenger, is liable to a similar penalty as in C. (f). Where in the case of furious driving the person having charge of the carriage has actually caused bodily harm, he is liable to commitment for trial for an in- dictable misdemeanour under 24 & 25 Wict. c. 100, S. 35. K (sect. 72). If a person wilfully drives any carriage upon a footpath or causeway by the side of the road, and set apart for the use and accommodation of foot pas- sengers, he is liable to a penalty not exceeding 40s. (g). L (35 & 36 Vict. c. 94, s. 12). Every person who, in any highway or public place, is drunk while in charge of any carriage or steam engine, is liable to a penalty of (e) See Phythian v. Bawendale, (1895) 1 Q. B. 768, driver leaving carriage by side of road. & (f) A bicycle is a carriage for the purposes of this section: Taylor v. Goodwin, 4 Q. B. D. 228; 40 L. T. (N. S.) 458. (g) As to what is the meaning of ‘‘ by the side of a road,” see Reg. v. Pratt, L. R. 3 Q. B. 64; 37 L. J. M. C. 23. Driver includes “rider”: Williams v. Evans, 1 Ex. D. 277; 35 L. T. 864. HACKNEY AND STAGE CARRIAGES, 53 forty shillings, or to imprisonment with or without hard labour for a term not exceeding one month. The penalties payable under the headings A to K, inclusive, are to be paid to the surveyor of highways under sect. 103 (half being payable to the informer); there is a right of appeal to Quarter Sessions conferred by sect. 105. Somewhat similar provisions as to offences on highways or in streets by drivers or owners of carts and carriages are found in the Towns Police Clauses Act, 1847 (h), and the various Metro- politan Management or Police Acts (?). As to the powers of boroughs and county councils to make general bye-laws in relation to the regulation of traffic, and carriages generally, these are exercised by them respectively under sect. 23 of the Municipal Corporations Act, 1882 (k), and under the Highways and Locomotives (Amendment) Act, 1878 (l), and under the Local Government Act, 1888 (m). These bye-laws may be made to affect carriages of all classes, and the latter two Acts refer especially to bicycles, and to other carriages of that class. Under these powers, in the counties of Middlesex and Surrey, bye-laws have been issued compelling the drivers of all vehicles, between one hour after sunset and one hour before sunrise, to carry attached to vehicles a lamp or lamps constructed and placed so as to exhibit a light (white) in the direction in which the vehicle is proceeding, and so as to form an adequate signal of the approach of the vehicle (n). Light locomotives used as public stage or hackney carriages and plying for hire will be subject to the laws appropriate to those classes of vehicles. The Acts relating to these classes are cited with references to the sections, and with the full effect of those sections in a condensed form, so far as these sections appear to affect the user of any vehicles, including light locomotives, upon the highway (o). The Stage Carriages Act, 1832 (p). TJnder this Act the following are the requirements in regard to stage carriages (the section (5) defining what is a stage (h) 10 & 11 Vict. c. 89. i) See Metropolitan Police Act, 1839, sects. 52–54, and Metropolitan Streets Act, 1867. (k) 45 & 46 Vict. c. 50, s. 23. !) 41 & 42 Vict. c. 77, s. 26. m) 51 & 52 Vict. c. 41, ss. 16, 85. n) Cf. Art. II, (9) of the Local Government Board Regulations (1896) applying to light locomotives. (o) For definitions, see note to sects. I., IV., supra, Chap. I. (p) 2 & 3 Will. 4, c. 120. 54 HACKNEY AND STAGE CARRIAGES. carriage in that Act, is repealed by the Inland Revenue Act of 1869), which are relevant to the present subject:— Sect. 36.—The name of the proprietor to be painted conspicu- ously on each side of the stage carriage. Penalty for breach, 5l. Sects. 37 and 43.−Regulations as to passengers or luggage to be carried outside. Penalty for breach, 5!. Sect. 47–Driver or conductor using abusive language or assault- ing a passenger. Penalty for breach, 5l. Driver per- mitting another person to drive, same penalty. Sect. 48.-Driver or guard endangering safety of any person or . property by furious driving, negligence, &c. Penalty, 57 Sect. 49-The owner is liable for all penalties under this Act if the driver or guard cannot be found. Under the Stage Carriages Act, 1842(q). Sects. 13, 14, 15, 16, 17, 18, require that particulars of the number of passengers to be carried shall be painted up, and that no passengers in excess of that number be carried. Penalty for not painting up particulars, 10l. ; for other offences, 57. The information is to be laid within ten days from the offence. Under the Towns Police Clauses Act, 1847 (r). Sect. 45.-Proprietor allowing hackney carriage to ply for hire without a licence. Penalty, 40s. (s). N.B.-The earlier sections deal with the granting of licences (s). Sect. 47.-Driver acting without a licence. Penalty, 20s. Sect. 48,-Proprietor to retain licences of drivers in his employ, and to produce same when necessary. Penalty for neglect, 40s. Sect. 49.-Proprietor to return licence to driver on quitting service. Compensation if licence wrongfully withheld. Sects. 51 and 52.—Number of persons to be carried is to be painted on the hackney carriage ; and that number must be carried, if required. Penalty, 40s. (not ex- ceeding). % 5 & 6 Wict. c. 79. These sections also apply to the metropolis. +) 10 & 11 Vict. c. 89. The sections dealing with hackney carriages are, so far as relate to urban districts, incorporated by sect. 171 of the Public Health Act, 1875. - ſº (8) See sects. 37–44. HACKNEY AND STAGE CARRIAGES. 55 Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. 53.−Driver refusing to drive without reasonable cause. Penalty, 40s. (not exceeding). 54.—Proprietor or driver demanding more than agreed, though less than legal, fare. Penalty, 40s. (not ex- ceeding). 55.-Agreement to pay more than legal fare is not binding, and the excess paid may be recovered back in addition to penalty of 40s, being imposed on the driver. 57.-Driver refusing to wait or to account for deposit made or paid for waiting. Penalty, 40s. (not exceeding). 58.--Overcharge by proprietor or driver. Penalty, 40s. (not exceeding), and overcharge to be returned. 59.-Proprietor or driver allowing any person to be carried on hackney carriage without leave of hirer. Penalty, 20s. (not exceeding). 60.—No person to act as driver without consent of owner. Penalty, 40s. (not exceeding). 61.-Intoxication, wanton or furious driving, or other wilful conduct endangering life, limbs, or property. Penalty, 5l. (not exceeding), or committal to prison (not exceed- ing two months) in default of payment. 62.-Driver of hackney carriage leaving same unattended in street or public place. Penalty, 20s. 63.−Damages done by the driver may be recovered by the person to whom they are done from the proprietor, and then by the proprietor from the driver (t). 64.—Driver improperly standing with hackney carriage, obstructing, depriving, or endeavouring to deprive, another driver of his fare. Penalty not to exceed 20s. 65.--Where a complaint against a driver is not substantiated, compensation may be ordered. 66.—Refusal to pay fare by the hirer; this, with costs, may be recovered as a penalty (u). 67.—Hirer doing wilful damage to a hackney carriage. Penalty is not to exceed 5!. ; but, in addition, reason- able satisfaction may be ordered. 68.—The Commissioners may make bye-laws for the follow- ing purposes:— Eor regulating the conduct of proprietors and drivers; for determining whether drivers shall wear badges; for regulating hours. (t) See also Chap. III., p. 92, as to the remedy of the private individual by action at law for damages. (u). A civil debt only; non-payment is not an offence: Reg. v. Kerswill, (1895) 1 Q. B. l. It is recoverable as a civil debt under sect. 35 of the Summary Jurisdiction Act, 1879. 56 HACKNEY AND STAGE CARRIAGES. For regulating the manner in which the number of the carriage, corresponding with that on the licence, shall be shown. tº For regulating the number of persons to be carried, and in what way such number to be shown ; for regulating the number of horses, the placing of check-strings, and the furnishing of such carriages. Tor fixing stands, and compulsory distances to which passengers shall be taken. For fixing rates or fares, and for publishing the Sal Cl6), Eor securing the safe custody and re-delivery of lost property. Towns Police Clauses Act, 1889 (a). Sect. 3.-Definition of the word “omnibus.” Sect. 4.—The terms “hackney carriage,” “hackney coach,” “carriages,” and “carriage,” when used in sects, 37, 40 to 52 inclusive, 54, 58, and 60 to 67 inclusive, of the Towns Police Clauses Act, 1847, are to be deemed to include every omnibus. The word “driver’’ in the above sections is to include “conductor.” Sect. 6.—Enables the Commissioners to make bye-laws (y). In the metropolis hackney carriages are required to be licensed and to be used subject to the statutes applying solely to the metropolis, and to the rules made under an Order of the Secre- tary of State pursuant to the statute (z). Under these statutes and rules it is necessary, first, that the proprietor obtain a licence for the hackney carriage or stage car- riage. To do this it is necessary that the person applying shall be more than twenty-one years of age; but he must not have been convicted of felony; if he has been guilty of a misde- meanour, or of cruelty to animals, or if a former licence has been revoked, he must state the fact in his application, and in his discretion the Commissioner of Police may grant or refuse the licence. The application for a licence must be made in the forms provided in the schedule to the Order for a hackney or stage carriage respectively (a). At the time of the application the price of the licence, 2., must also be paid. The carriage for (a) 52 & 53 Vict. c. 14. By sect. 2 deemed to be incorporated with the Public Health Act, 1875. (y) The sections of all the Acts above which are now in force are set out at length in the Appendix. One Commissioner alone acts; 19 & 20 Vict. c. 2, s. 5. z) Rules issued in 1896 under 32 & 33 Vict. c. 115, s. 9. a) See Order, Part I., rules 1, 2. HACKNEY AND STAGE CARRIAGES. 57 which a licence is sought must be brought to the district police- station by the applicant for examination, together with the form of application and the receipt for 21. If the inspector, after examination, is satisfied, a metal “number " plate and “approval mark’ is to be affixed to the carriage, and a certificate, in the form in the schedule, is to be signed by him; the “number" plate is to be affixed, in the case of a four-wheeled carriage, to the back, and in the case of a two-wheeled carriage under the driver's seat at the back, and in the case of a stage-carriage at the back; in every case a number plate is to be affixed inside the carriage also (b). A fare plate, containing particulars of the fares, is to be placed inside a four-wheeled hackney carriage, and on the inside of the splash-board of a two-wheeled hackney carriage (c). In the case of stage carriages a table of fares is required to be painted up, on the inside, in a conspicuous manner (d). The form of licences to be granted in the case of hackney and stage carriages respectively is provided in the schedule to the rules (e). Applications for licences by co-partnerships, or by companies, should be made by the senior partner or by the secretary or manager, and the licence will be issued in his name, and he will be responsible in all cases as the proprietor. In case of death of a proprietor during the existence of his licence, it may be trans- ferred to the personal representative, widow, or child (not a minor); in the case of a female proprietor, the licence may be transferred to her husband on marriage; and in the case of a company it may be transferred to the successor of the secretary or manager. If a licence is erased or defaced it becomes void; while it is also liable to revocation or suspension by the Commissioners in the events laid down in Rule 15, or in case of a breach of any of the rules laid down in the Order, or in any case in which it might have been suspended at the time of the passing of the Act of 1869 (f), or in the case of a conviction for a felony or a misde- Illea,DOlli’. The proprietor is also bound to see that the driver or conductor of any stage or hackney carriage is possessed of a licence; if he knowingly allows such carriage to be driven or conducted by an unlicensed person, he is liable to a penalty of 40s. (g); if he b) Rule 6. c) Rule 7. d) 1 & 2 Will. 4, c. 22, s. 41. (e) Rule 10. (f) 32 & 33 Vict, c. 115. E.g., unfitness for use after notice in writing. Also after a conviction for endangering life or limbs by furious driving, &c., intoxication, or assault, under 1 & 2 Will. 4, c. 22, s. 56. (g) 32 & 33 Vict. c. 115, s. 8. 58 IHACKNEY AND STAGE CARRIAGES. allows a hackney or stage carriage to ply for hire or to be on a stand without any licence, the proprietor is liable to a penalty of 5l. ; if such a carriage plies for hire without the prescribed distinguishing mark, it is to be deemed an unlicensed carriage (h). Eſaving obtained his licence for a hackney or stage carriage, the proprietor must be careful to observe all the conditions laid down in Rule 12, as to not using the carriage for an illegal pur- pose, &c., production or delivering up of his licence when required, giving of free access for the purpose of inspection of the carriage, horses, and harness, &c. He is forbidden to erase or deface the licence, or to remove, alter, or obliterate the number plate or mark. He is also bound to see that the particulars, as to the number of persons to be carried, are painted up as required (?). In hackney carriages a check-string is to be provided (k), and in stage carriages a lamp must be placed as directed by the Com- missioners (l), while in no case may any printed, written, or other matter be placed inside or outside a public carriage by way of advertisement, except when approved of by the Commissioners (m). IFor the special statutes relating to public processions, cruelty to animals, the carrying of persons suffering from contagious dis- eases, &c., the reader is referred to the short abstract of those statutes (n). Whenever any injury or damage is caused by the neglect or misbehaviour of the driver or conductor, the proprietor may be ordered to pay compensation to the amount of 10!. by the magistrate; he may recover the amount himself from the driver or conductor (o). In addition to the carriage licence payable in respect of all public carriages, it is necessary for drivers of hackney carriages, and for drivers and conductors of stage carriages within the Me- tropolis, to obtain licences from the Commissioners of Police (p). The applicant must be not less than twenty-one years of age (q), and must pay for his licence, which is to be in one of the forms in the schedule to the Order, and which is to be in force for one year, unless revoked or suspended, the sum of 5s. (r). To every such applicant, together with the licence, must be de- livered an abstract of the laws, a metal ticket, and number (h) 32 & 33 Vict. c. 115, s. 7. tº (a) Rules 19, 20; 2 & 3 Will. 4, c. 120, ss. 36, 105; 5 & 6 Wict. c. 79, S. 14. k) 1 & 2 Will. 4, c. 22, s. 48. l) 16 & 17 Vict. c. 33, ss, 14–19. m) Rule 12. m) See pp. 75, 76. & § 6 & 7 Vict. c. 86, s. 28; and see note to that section, p. 63. As to his liability at common law, see also Chap. III. (p) 32 & 33 Vict. c. 115, s. 8, &c., except in case of proof of unavoidable necessity under 6 & 7 Vict. c. 86, s. 10. (g) Rule 16. (r) Rule 17. HACKNEY AND STAGE CARRIAGES. 59 corresponding with the number on the licence (s). Such driver's or conductor's licence is liable to suspension or revocation at any time by any magistrate in any of the events in which a licence might have been revoked at the time of the passing of the Act of 1869 (t), or in the case of any breach of these orders, or of the Act (u); the conviction must be indorsed upon the licence. In order to obain a licence the applicant must sign a requisi- tion for such licence (a), which must be accompanied by a certifi- cate of good character and fitness (y); any such person using forged recommendations, making false representations, or not truly answering questions, is liable to a penalty of 5!. The ticket which is delivered to such a person, with the licence, is to be worn conspicuously upon the breast during employment or before the magistrate, and must be produced for inspection when required (z); if the ticket is lost, mislaid, or defaced, a new one may be granted upon payment of a sum of 3s., subject to the delivery up of the defaced one, or of the one lost whenever it is found (a). Upon the expiration of any licence it must be delivered up within three days together with the metal ticket (b). The forgery of either a licence or ticket is a misdemeanour punishable by fine or imprisonment, and it is equally an offence to utter a forged licence or ticket knowingly (c). The penalties, to which both drivers and conductors are liable, are to be found in the different sections of the various Acts, and include obstruction, loitering, leaving carriage unattended, in- toxication, wanton or furious driving, abusive language, assault, &c. It should be remembered that such a person may be awarded compensation by the magistrate if the complaint against him is . dismissed (d). The driver of a hackney carriage is subject to the same penal- ties when conveying persons suffering from contagious diseases as his employer, and must provide for the disinfection of the carriage (e). The driver of a hackney carriage has a right to compensation from the hirer, if he refuse to pay the fare or deface or injure (s) 6 & 7 Vict. c. 86, s. 8. (t) 32 & 33 Vict. c. 115. (w) 6 & 7 Vict. c. 86, s. 25. I.e., “upon conviction for an offence under this or any other Act.” Indorsement of licence under sect. 21. § Id, sect. 14. 9) Id. sect. 8. (2) Id. sect. 17. He must also within two days give notice of any change of abode, and his licence must be indorsed accordingly: 6 & 7 Vict. c. 86, S. 15. (a) Id. sect. 19. b) Id. sect. 18. c) Id. sect. 20. d) 1 & 2 Will. 4, c. 22, s. 57. (e) See Public Health Act, 1875, sects. 126, 127; Public Health (London) Act, 1891, sect. 70. And see pp. 75, 76. 60 HACKNEY AND STAGE CARRIAGES. the carriage (f); in default the offender is liable to imprison- ment with hard labour for one month. Any person hiring a cab, knowing that he cannot pay, or with intent to avoid payment, or fraudulently endeavouring to avoid payment of a fare lawfully due, or having refused to pay refuses to give his address, or with intent gives a wrong address, is liable to a penalty of 40s., or, in the alternative, imprisonment for 14 days under the London Cab Act, 1896. Other offences entailing penalties upon drivers or conductors, such as refusing to wait, carrying an excessive number of pas- sengers, refusing to take a reasonable quantity of luggage, &c., will be found under the separate sections of the Acts or rules of the Order which are set out (g). Tules 21 to 28 relate to the question of fares to be payable within or without the “four mile radius” respectively. The rules as to lost property, which is to be taken to the police station under the provisions of the London Hackney Carriage Act, 1853, will be found in rules 29 to 31 of the Order of 1896. The penalty for breach of any of the rules or regulations issued by the Secretary of State is fixed at a sum not exceeding 40s. by rule 32. The following are the Acts, and the abstracts of the sections, relating solely to the metropolis; only those sections which are now material are referred to in this chapter:— The London Hackney Carriages Act, 1831 (h). Sect. 4.—Hackney carriage defined. Sect. 18.-Carriages, horses, harness, &c., liable to, and charge- able with all duties and penalties. Sect. 27.—All pecuniary penalties and costs, if not paid by driver, may be recovered from the proprietor by distress. Sect. 28.—Penalties paid by proprietor to be recovered by him from the driver. * Sect. 35.—Hackney carriages standing in street or place (?) deemed to be plying for hire. Driver compellable to drive any person requiring him. Penalty, 40s. Sect. 36.—If improperly summoned under sect. 35, a driver may be given compensation. Sect. 41.—Persons improperly refusing to pay a driver his fare or injuring carriage may be ordered to pay compensa- tion, and on refusal may be committed to prison for a period not exceeding one month. (f) 1 & 2 Will. 4, c. 22, s. 41. (g) See also Appendix. (h) 1 & 2 Will. 4, c. 22. * (2) Place does not include railway station: Case v. Storey, L. R. 4 Exch. 319; 38 L. J. M. C. 113. But a station is a place nnder 16 & 17 Vict. c. 33, s. 17; Ex parte Kippins, (1897) 1 Q. B. 1. HACKNEY AND STAGE CARRIAGES. 61 * Sect. 43.—An agreement to pay more than the legal fare is not binding, and any sum so paid may be recovered back. Penalty in addition, 40s. (not exceeding). Sect. 44.—Driver may not charge more than agreed fare. Penalty 40s. (not exceeding). Sect. 45.—Demanding more than agreed, though less than legal fare. Penalty 40s. (not exceeding). Sect. 47.—A driver refusing to wait for fare or to account for deposit made for waiting. Penalty 40s. (not exceed- 1Il Q ). Sect. * to be provided. Penalty 20s. (not exceeding). Sect. 50,—Permitting strangers to be carried without leave of hirer. Penalty 20s. (not exceeding). Sect. 51.-Allowing hackney carriage to stand improperly, feeding horse, obstruction to another driver, depriving another driver of his fare. Penalty 20s. (not exceeding). Sect. 55.—Carriages left unattended in street, &c. Penalty 20s. (not exceeding) and expenses incurred. Sect, 56.—Intoxication, or furious driving, or wilful misconduct injuring or endangering any person. Abusive language or assault, &c. Penalty 5l., and liability to have licence revoked. Sect. 57.—If complaint dismissed, then driver may be compen- sated. Sects. 59 and 60.—Names of owners of waggons, wains, carts, cars, drays, and other such carriages to be painted thereon. Penalty 5!. Sect. 71.—Application of penalties: half to Crown and half to informer. The mode of procedure under this and other Acts may be found by reference to the several Acts (k). The London Hackney Carriages Act, 1843(2). Sect. 2.-Definitions of “hackney carriage,” “metropolitan stage carriage,” “conductor,” and “passenger.” Limits within which the Act applies defined as “the City of London and the Liberties thereof, and Metropo- litan Police District.” Sect. 7.—Particulars to be painted on the inside and outside of ** every metropolitan stage carriage. A list of fares to be painted inside. Penalty 20s. (k) See Chitty’s Statutes. (l) 6 & 7 Vict. c. 86. 62 HACKNEY AND STAGE CARRIAGES. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect. Sect, 8.—Granting of licences (m). An abstract of the laws is to be given at the same time, and also a metal ticket (n). 10.-Persons acting as drivers or conductors without a licence and ticket. Penalty 57. Proprietors knowingly permitting such persons so to act. Penalty 10!. - Exception for twenty-four hours upon proof of un- avoidable necessity. 14.—A requisition must be signed by all persons applying for a licence, setting forth particulars truly. In case of false representations, forged recommendations, or untrue answers to questions, such person is liable to be fined. Penalty 5l. (o). . 15.-Notice of change of abode by driver or conductor to be given within two days, and memorandum to be indorsed on the licence. Penalty 20s. 16.-Particulars of licences to be entered in books at the office; all certified copies to be received in evidence. 17-Licensed drivers and conductors must wear ticket (usually called a badge) upon breast, conspicuously, during employment, and also when attending before a magistrate. Penalty 40s. 18.-On expiration of licence, the licence and ticket must be given up. Penalty 5!. 19.-If ticket is defaced, lost, or mislaid, a new one shall be issued upon proof thereof and production of the licence, and upon payment of a fee of 3s. * - If such ticket is subsequently found, it must be delivered up within three days. Penaly 40s. 20.-Forgery of, or uttering of, a forged licence or ticket; knowingly being in possession thereof; aiding and abetting therein. Misdemeanour, punishable by fine or imprisonment, or both. 21.—Proprietor is to retain, and produce when required, the licences of drivers and conductors in his service. Upon conviction of a driver or conductor for any offence, such conviction is to be indorsed upon the licence by the magistrate (p). Penalty 31. (m) Ticences now granted by the Commissioners of Police, to whom the office S. 2. of Registrar of Public Carriages is transferred: 13 & 14 Vict. c. 7, (n) Abstract published by Messrs. Eyre and Spottiswoode in 1896. (0) The powers of the Commissioners are discretionary under this section and sect. 8: Ea: parte Mitcham, 33 T. J. Q. B. 325. - (p) No other person than magistrate may indorse a licence: Rogers v. 803, Macnamara, 23 L. J. C. P. 1; 14 C. B. 27; Heath v. Brewer, 15 C. B. N. S. 1HACKNEY AND STAGE CARRIAGES. 63 Sect. 22.—All disputes between proprietors and drivers or con- ductors as to wages, or as to compensation, &c., to be determined by justices. Sect. 23.—No payment of money is to be claimed by the pro- prietor from the driver or conductor on account of earn- ings, unless under an agreement in writing. No stamp duty is payable in respect of such an agreement. Sect. 24.—Proprietor is to deliver licence up to a driver or con- ductor on quitting his service, unless he has a complaint; if so, then he must apply for summons and deposit licence within twenty-four hours. In case of neglect, proprietor is liable, upon a sum- mons before a magistrate, to pay reasonable compen- sation. Sect. 25.—Upon conviction of a driver or conductor for any offence, a magistrate may revoke the licence, and re- quire the same to be delivered up for cancellation by the Commissioners, or the licence may be suspended. Penalty for neglect to deliver up the licence 5l. Sect. 27.—No person, whether licensed or not, to act as driver or conductor without the consent of the proprietor. Penalty on person acting, and on person suffering him to act, 40s. Driver or conductor must give true name of person so acting, when required. Penalty 40s. Sect. 28.—Furious driving or wilful misbehaviour causing hurt or damage to any person, intoxication or abuse. Penalty 3!., or imprisonment for a period not exceed- ing two months. º magistrate may adjudge compensation up to 10l. (q). ~, The proprietor may be ordered to pay such compen- sation and costs, but may recover the same from the driver or conductor who is in default (r). Sect. 29.-Commissioners of Police to make regulations as to places where stage carriages may ply for hire, and as to time during which stage carriages may remain at such place. Penalty 40s. Sect. 32.-Such last-mentioned regulations to be made in the City of London by the Lord Mayor and aldermen. (g) Adjudication bars any future action; but person injured may refuse to accept such adjudication, and reserve his rights at common law to com- pensation, if he is not the informant: Wright v. L. G. O. Co., 2 Q. B. D. 271 ; 46 L. J. Q. B. 429. (r) The proprietor is answerable for the negligence of his servant: King v. London Improved Cab Co., 23 Q. B. D. 281; Powles v. Hider, 25 L. J. Q. B. 331; Keen v. Henry, (1894), 1 Q. B. 292. The liability is that of master and servant, even though that relationship does not exist. The proprietor cannot escape liability by letting out the hackney carriage on hire, 64 HACKNEY AND STAGE CARRIAGES. Sect. 33.-Drivers and conductors of hackney or stage carriages must not loiter or cause obstruction, or wilfully deceive as to the route or destination of a stage carriage, or refuse to carry passenger for whom there is room in a stage carriage, or demand more than the legal fare, or, except in case of necessity, stop at the end of a street, or upon a crossing, or use horns or noisy instruments. A conductor of a stage carriage must not allow any other person upon the step. No driver of a hackney carriage shall permit any other person on the box, except the hirer or person employed by him. No driver or con- ductor of a stage carriage shall smoke after objection taken by a passenger, Penalty 20s. Sect. 35.-In case of any complaint under the Act, the proprietor may be summoned to produce the driver or conductor. On failure, proprietor may be adjudged to pay the penalty and costs. On failure without lawful excuse. Penalty 40s. Notice is to be served by the proprietor on the driver or conductor; on failure to attend a warrant may be issued. Neglect or refusal to attend is punishable. Penalty 40s. Sect. 38.—All complaints under this Act, or under 1 & 2 Will. 4, c. 22, except where a special limitation is fixed, must be made within seven days. There is a further exception in favour of the Commissioners of Stamps and Taxes. Sects. 36, 37, 39, 40, 41, 42, and 43, deal with questions of pro- cedure, and are set out at length in the Appendix. Sect. 44.—Where there is more than one proprietor, it is suffi- cient to take proceedings against one only as sole proprietor (s). Consolidation Act, 1850 (£). Sect. 2.-Powers and duties of Registrar of Metropolitan Public Carriages transferred to the Commissioners of Police. Sect. 4.—Commissioners to make regulations as to standings for hackney carriages within Metropolitan Police District. Orders and regulations to be published in the London - Gazette, and at the Commissioners’ office, and at each Police Court. Sect. 7.—One Commissioner may act alone, as appointed by the Secretary of State. (s) But see Order, 1896, Tule 10. Licence to be in name of secretary or manager of company, and of Senior partner only. (t) 13 & 14 Vict. c. 7. HACKNEY AND STAGE CARRIAGES. 65 The London Hackney Carriage Act, 1853 (u). Sect. 1,–Applications for a licence to keep, use, or let for hire any stage or hackney carriage must be made to the Commissioners of Police in writing. Thereupon an inspection of such carriage is to be made, and a certifi- cate given as provided. Sect. 2.-Inspection of such carriage and horses to be made as often as necessary. If such carriage or horses are un- fit for use, a notice to that effect is to be given to the proprietor; if after notice such carriage or horses are used, the licence may be suspended. Sect. 3.-In case of the use of any such carriage in an unfit con- dition, or not certified to be in fit condition. Penalty 3!. for each day on which used. Sect. 4.—As to rates and fares (a). Sect. 5.-A table of fares is to be put both inside and outside a hackney carriage. Sect. 6.-In case of dispute as to distances, all tables of distances signed by the Commissioners of Police are to be con- clusive. Sect. 7.—Driver, unless with reasonable excuse, must drive six miles or for one hour. Sect. 8.—Driver of hackney carriage to give the hirer a ticket(y). Sect. 9.—Number of persons allowed to be carried must be painted on a hackney carriage; such number must be carried if required. Sect. 10.—Driver of hackney carriage must take a reasonable quantity of luggage without additional charge (z). Sect. 11.—Property left in hackney carriages must be deposited at nearest police office, and a description, &c., be entered in a book there. Reward to be paid to the driver by the owner. If owner not found, then to be sold subject to reward to be paid to driver. Similar regulations as to stage carriages. If property not handed over as required; penalty, 10!. Or im- prisonment for one month (a). Sect. 14.—Proprietor must place lamp inside metropolitan stage carriage; the driver or conductor must keep such lamp lit, when the carriage is used, after sunset or before sunrise (ö). w) 16 & 17 Vict. c. 33. One Commissioner only under 19 & 20 Vict. c. 2, s. 5. a) As to fares, see Order, 1896, rules 21–28, inclusive. g) See Order, 1896, rule 28. 2) Subject to Order, 1896, rule 25 (1). a) See also Order, 1896, rules 30, 31, as to lost property. b) See 32 & 33 Vict. c. 115, s. 9 (3), as to lamps required for a hackney | B. F 66 HACKNEY AND STAGE CARRIAGES. Sect. 15.—No notices or printed bills, &c., to be placed inside or outside so as to obstruct light or ventilation. . Sect. 16.-No picture, placard, or notice, &c., to be carried on any carriage, or horse, or on foot so as to cause obstruc- tion or annoyance. Sect. 17.—Penalty on driver or conductor, not exceeding 40s. in the following cases:— . . (1) Demanding more than proper fare; refusing to carry the number of passengers as authorized by certificate in respect of the carriage; refusing to carry reason- able amount of luggage. (2) Refusing to drive carriage six miles to any place within the limits of the Act ; for one hour; or at reasonable pace (c). (3) Plying for hire with carriage or horse unfit for use; or re- - fusing to deliver to hirer a ticket (as required by sect. 8). Sect. 18.—One magistrate at any Metropolitan Police Court may hear complaints and disputes; if the offence, &c., arises outside the places comprised in police court districts, two justices for the county may hear and determine; in the City of London one justice may hear and deter- mine ; in case of dispute the hirer may require driver to drive forthwith to the nearest police court; in such case no summons is required. . Sect. 19.—Where no penalty is specially fixed, the offender is liable to a penalty of 40s., or in default to imprison- ment (d). - Sect. 20.—Any act, authorized to be done by the Commissioners of Police, may be done by such one as shall be ap- pointed by the Secretary of State; the words “limits of this Act” include the Metropolitan Police District and the City of London. The schedule of rates and fares, as amended by 16 & 17 Vict. c. 127, are the minimum fares which can be enforced. Such fares may be raised by order of the Secretary of State under 32 & 33 Vict. c. 115, s. 9. An order has been made as to such fares, and is set out hereafter (e). - Amendment Act, 1853 (f). Sect. 13.−Beyond a radius of four miles from Charing Cross a driver of a hackney carriage is entitled to 1s. per mile (g). º A railway station is a “place”: Ex parte Kippins, (1897) 1 Q. B. 1. d) As to term of imprisonment in default, see Summary Jurisdiction Act, 1879, sect. 5. (e) Order, 1896, rules 21–28. f) 16 & 17 Vict. c. 127. § See Order, 1896, rules 24–28. HACKNEY AND STAGE CARRIAGES. 67 Sect. 14.—Where more than two persons are carried in a hackney carriage, a sum of 6d. extra may be demanded in - respect of each such person (h). Sect. 15.--Where such carriage is hired by time, the fare over one hour shall be 6d. for each fifteen minutes or portion thereof. Sect. 16.-Proprietor may not withdraw hackney or stage car- riage from hire for two consecutive days, or for any two days in one week, without good cause, except upon ten days' notice to the Commissioners of Police. Penalty, 20s. for each day; and suspension or revocation of licence. Sect. 17.-Limits of the Act, the Metropolitan Police District and the City of London. Metropolitan Streets Act, 1867 (). Sect. 17, sub-sect. (2).-The Commissioner of Police of the Metropolis may from time to time cause to be affixed such plate or mark, in such position as he thinks expe- dient, to any hackney carriage certified by him to be in a fit condition for public use, and may cause to be re- moved such plate or mark whenever such carriage has, after notice to the owner thereof, been determined by him to be in a condition unfit for public use. If any plate or mark adopted by the said Commissioner of Police of the metropolis for distinguishing hackney carriages that are fit for public use is affixed to any hackney carriage without his authority, or if any plate or mark counterfeiting or resembling such authorized plate or mark is affixed to any hackney carriage, the owner of the carriage, and also the driver (unless such owner or driver proves that he was ignorant of the plate or mark being affixed to the carriage in contra- vention of this section) shall be liable for each offence to a penalty not exceeding 40s. (j). This Act, by sect. 8, makes special regulations as to taking up or setting down passengers on the near side only and close to the curb subject to a penalty of 40s. Sects. 10 to 14 deal with the power of the Commissioner of Police to make special limits as to streets and regulations as to routes with regard to all carts and carriages. (h) See Order, 1896, rules 24–28. (i). 30 & 31 Vict. c. 134. (j) The Hackney Carriage Acts alluded to in the section are those already set out. F 2 68 HACKNEY AND STAGE CARRIAGES. The Metropolitan Public Carriage Act, 1869 (k). Sect. 2.-Limits of Act, Metropolitan Police District and the City of London (l). Sect. 4.—In this Act “stage carriage ’” shall mean any carriage for the conveyance of passengers which plies for hire in any public street, road, or place within the limits of this Act, and in which the passengers, or any of them, are charged to pay separate and distinct, or at the rate of separate and distinct, fares for their respec- tive places or seats therein (m). “Hackney carriage” shall mean any carriage for the conveyance of passengers which plies for hire within the limits (n) of this Act, and is not a stage carriage. Sect. 5.—A “stage carriage” which on every journey goes to or comes from some town or place beyond the limits of this Act shall not be deemed a carriage plying within the limits of this Act (o). Sect. 6.-Hackney and stage carriages to be licensed to ply for hire by a Secretary of State, and to be distinguished in a prescribed manner, and licences to be granted on prescribed conditions, provided that (p)— (1) Duration of licence to be one year, for which a fee is to be paid to the receiver of the Metropolitan Police ; the fee is to be a uniform sum, as prescribed by the Secretary of State, not exceeding two guineas. (2) Provision for transfer of licence on death of licensee, or to the husband of any woman, who has a licence, on her marriage, is to be made. Sect. 7.—Owner of unlicensed carriage plying for hire, subject to penalty of 5l. The driver subject to the like penalty unless he proves his ignorance of the fact that the carriage was un- licensed. Any carriage without the prescribed distinguishing mark is deemed to be unlicensed. Sect. 8.-All drivers of hackney carriages to have a licence to drive. Penalty 40s. (not exceeding). The like licence for driver and conductor of stage carriages, subject to the same penalty. The like penalty upon an owner unless he can prove (k) 32 & 33 Vict. c. 115. (l) The limits of the Metropolitan police district are defined by the Metro- politan Police Act, 1829 (10 Geo. 4, c. 44), ss. 4, 34, and by the Schedule. (m) I.e., Omnibuses. (n) See sect. 2. Metropolitan police district and the City of London. (o). I.e., a stage coach running between London and Brighton. (p) See Order of Secretary of State, 1896. HACKNEY AND STAGE CARRIAGES. 69 that the driver or conductor was acting without his privity or consent. Licences to be issued only upon conditions pre- scribed by the Secretary of State. Fee to be paid to the receiver of Metropolitan Police, and not to exceed 5s. Sect. 9.—The Secretary of State may issue regulations as to— (1) Number of passengers to be carried. (2) Fixing stands of hackney carriages, and the distances to which they must carry passengers. (3) Fixing fares, and the publication of fares. (4) Forming a table of distances. (5) Securing the safe custody of and re-delivery of any property accidentally left in any hackney or stage carriage. Restrictions in forming regulations— (1) Stands in the City of London only to be fixed with the consent of the Lord Mayor and Aldermen. (2) No hackney carriage driver to be compelled to take a passenger more than six miles in one drive. (3) During prescribed hours, between sunset and sunrise, no driver to ply for hire unless the hackney carriage be provided with a lamp trimmed and lighted as pre- scribed. Sect. 10.—Penalties for breach of any regulations or orders under the Act, not to exceed 40s. Sect. 11.—Licences, grantable by the Secretary of State, to be granted by the Commissioner of Metropolitan Police, or such other person as may be appointed. Sect. 12.—Power for the Secretary of State to appoint persons to carry Act into execution. Sect. 13.—All penalties to be recovered summarily, as provided by the Summary Jurisdiction Act, 1848 (q). Sect. 15.-All existing Acts to continue in force subject to this §: or any order or regulation of the Secretary of tate. The London Cab Act, 1896 (r). Sect. 1.-If any person commits any of the following offences with respect to a cab, namely:- (a) hires a cab, knowing or having reason to believe that q) 11 & 12 Vict. c. 43, amended by Summary Jurisdiction Act, 1879 42 & 43 Vict. c. 49), and by the Summary Jurisdiction Act, 1884 (47 & 48 ict. c. 43). See also the Summary Jurisdiction Rules, 1886. (r) 59 & 60 Vict. c. 27. 70 HACKNEY AND STAGE CARRIAGES. he cannot pay the lawful fare, or with intent to avoid payment of the lawful fare; or, (b) fraudulently endeavours to avoid payment of a fare lawfully due from him; or, (c) having failed or refused to pay a fare lawfully due from him (s), either refuses to give to the driver an address at which he can be found, or, with intent to deceive, gives a false address, he shall be liable, on summary conviction, to pay, in addition to the lawful fare, a fine not exceeding 40s. (£), or, in the discretion of the Court, to be imprisoned for a term not exceeding fourteen days (u); and the whole or any part of any fine imposed may be applied in com- pensation to the driver. Sect, 3.—In this Act the expression “cab' shall mean any hackney carriage within the meaning of the Metro- politan Public Carriage Act, 1869. In addition to the special Acts above referred to, proprietors, drivers, and conductors of all vehicles must, in the metropolis, bear in mind the power of the Commissioner of Police to make regulations as to traffic during public processions, &c., under the Metropolitan Police Act, 1839 (a), and also as to the prevention of nuisances in any thoroughfare or public place by cleaning horses and carriages, furious driving, causing obstruc- tion, riding or driving upon footways and such like offences. Attention should also be called to the Act for the Prevention of Cruelty to Animals, 1849 (y), to the Injured Animals Act, 1894 (z), and also to the Diseases of Animals Act, 1894 (a), and the orders or regulations of the Board of Agriculture issued by virtue of the last-mentioned Act, and dealing with the separation, movement, slaughter, &c., of such diseased animals. In London the County Council also have issued such orders, all existing regulations by local authorities being recognised by Article 26 of the Order of 1894 issued by the Board of Agriculture (b). (s) This excludes the case of a cabman demanding more than the legal fare, in which case a passenger appears to be entitled to refuse his address. (f) No appeal on facts; appeal by case stated under the Summary Juris- diction Acts: see 42 & 43 Vict. c. 42, s. 33. (u) Person convicted, if sentenced to imprisonment, can appeal to the Court of Quarter Sessions under 42 & 43 Wict. c. 49, s. 32. (a) 2 & 3 Vict. c. 47, ss. 52–54; and also 30 & 31 Vict. c. 134 (Metro- politan Streets Act, 1867). And as to the City of London, also see 2 & 3 Vict. c. 94, ss. 20–22, 35. (Local and Personal.) (y) 12 & 13 Vict. c. 92. z) 57 & 58 Vict. c. 22. º 57 & 58 Vict. c. 57. (b) For schedule of orders, &c., see Abstract of Laws pursuant to 6 & 7 Vict. c. 86, S. 8, issued by the Commissioner of Police, and published by Messrs. Eyre and Spottiswoode (1896). * HACKNEY AND STAGE CARRIAGES, 71 It is most important to notice also the law affecting the exposure of persons suffering from dangerous infectious diseases in public vehicles. Any person who, when so suffering, wilfully enters a public conveyance without notifying the same to the conductor, driver, or owner; or who, being in charge of any person so suffering, exposes him or her in the like manner, is liable to a penalty of 5l. ; he may also be ordered to pay to the owner, in such a case, the amount of loss or expense incurred in the disinfection of the vehicle under the Act (c). The owner or driver of a public conveyance is required, immediately upon discovering the fact that he has conveyed such a person, to provide for the disinfec- tion of the vehicle or conveyance, and in default is liable to a penalty of 57. ; but no owner or driver can be compelled to convey any such person until he has been paid a sufficient sum to cover the loss or expense incurred by him in the disinfection of the conveyance (d). Where any public conveyance is hired or used for the purpose of removing the dead body of such a person, the hirer is required to notify the fact of the infectious disease, and the owner or driver of the conveyance is required to provide for its disinfec- tion, as under the previous Act, and the penalty in default is 5!. (e). In the metropolis, under the Public Health (London) Act, 1891 (f), it is unlawful for any owner or driver knowingly to convey, or for any other person knowingly to place, in a public conveyance, a person suffering from any dangerous infec- tious disease, or for any person so suffering to enter a public conveyance; the penalty is a fine not exceeding 10!. In case such a person should be carried, the owner or driver must give notice to the sanitary authority, and must cause the conveyance to be disinfected, otherwise he is liable to a penalty of 5l. The owner or driver is entitled to recover from the person so con- veyed, or from the person causing him or her to be so conveyed, a sum sufficient to cover any loss or expense (g) incurred by him in connection with such disinfection. The sanitary authority is required, on request, to provide for the disinfection of the con- veyance, and may do so free of charge. There is a similar provision in the case of the dead bodies of persons who have died from dangerous infectious diseases (h). Proceedings under this Act (c) Public Health Act, 1875 (38 & 39 Vict. c. 55, s. 126). (d) Id. sect. 127. (e) * Disease (Prevention) Act, 1890 (53 & 54 Vict. c. 34, ss. 11, 16–18). (f) 54 & 55 Vict. c. 76, s. 70. (g) This would include the damages for loss of use of the vehicle while being so disinfected. (h) Id. sect. 74. 72 HACKNEY AND STAGE CARRIAGES. are to be taken as provided (?), and subject to the Summary Jurisdiction Acts, and there is an appeal to the Quarter Sessions upon a question either of fact or law. Pursuant to the powers conferred by the Metropolitan Public Carriage Act, 1869, the Secretary of State has published the following order regulating hackney and stage carriages in the metropolis, the granting of licences in respect thereof, and the fares to be charged; while the Commissioner of Police has issued the following notices:— ORDER made in pursuance of “The Metropolitan Public Carriage Act, 1869,” 32 & 33 Vict. c. 115, by the Rt. Hon. Sir MATTHEw WHITE RIDLEY, Baronet, one of H.M. Principal Secre- taries of State. 1896. PART I.—Licensing of Hackney and Stage Carriages. In pursuance of sect. 6 of the above-mentioned Act, I hereby pre- scribe as follows:— 1. A hackney carriage licence or a stage carriage licence may be granted to any person by the Commissioner of Police of the Metropolis, hereinafter referred to as the Commissioner, subject to the following exceptions : — (a.) A licence shall not be granted to any person under the age of 21 years, or to any person who shall have been previously convicted of felony; and any licence so granted shall be void. (b.) The Commissioner may at his discretion refuse a licence to any person who has been convicted of a misdemeanour or of cruelty to animals, or who, having previously held a licence for a hackney or stage carriage, has had such previous licence revoked or suspended. 2. A person desirous of obtaining a hackney carriage licence, or a stage carriage licence, shall make application at the office of the Com- IOllSS1OD162T. Such application, if for a hackney carriage licence, shall be in the form contained in Schedule A. hereto; or, if for a stage carriage licence, shall be in the form contained in Schedule B. hereto. 3. The price of a hackney carriage licence or a stage carriage licence is 27. 4. The applicant, on presenting his application for a licence, shall pay the said sum of 21. to the Receiver for the Metropolitan Police District, or to some person whom such Receiver shall appoint. 5. The said Receiver shall then cause such application to be returned to the applicant, together with a receipt for the sum of 21. 6. The applicant shall then bring the carriage, to which he desires the licence shall attach, to the police station of the district for exami- nation by the Inspector of Public Carriages; and shall, at the same (i) Sects. 117–119, 125. IIACKNEY AND STAGE CARRIAGES. 73 time, deliver to the said inspector the said application and receipt. The said inspector, if he shall find such carriage fit for public use, shall cause a metal plate, bearing the number which is to distinguish such carriage, and hereinafter called the number plate, to be affixed thereto in his presence, together with such approval mark as the Commis- sioner may from time to time direct, and shall sign a certificate in the form contained in Schedule C. hereto. Such number plate shall be fixed, in the case of a four-wheeled hackney carriage, on the back thereof; in the case of a two-wheeled hackney carriage, on the spring-block on the back, under the driver's seat. A number plate shall also be fixed on the inside of every such carriage. In the case of a stage carriage the number plate shall be affixed on the back thereof. 7. In the case of a hackney carriage, the said inspector shall at the same time cause to be affixed to the carriage a plate (hereinafter called the Fare Plate) setting forth such particulars as to fares as are to be set forth upon the obverse side of the ticket hereinafter required to be delivered by the driver to the hirer. Such fare plate shall be affixed in the case of a four-wheeled hackney carriage inside in the most convenient and conspicuous place, and in the case of a two- wheeled hackney carriage on the inside of the splashboard. 8. A licence (subject to the conditions hereinafter specified) shall thereupon be issued to the applicant. 9. A hackney carriage licence shall be in the form contained in Schedule D. hereto ; and a stage carriage licence shall be in the form contained in Schedule E. hereto. 10. An application for a licence on behalf of any co-partnership or company shall be made by, and such licence shall be issued to the senior partner, or to the secretary or manager of the company, as the case may be ; and the person to whom a licence shall be so issued shall be responsible for the observance of the conditions under which the licence is granted, and shall be liable to all penalties for breaches of such conditions as if he were the person solely interested in the licence. 11. In the case of the death of any proprietor during the currency of his licence, the licence may be brought to the office of the Commis- sioner, and the Commissioner may by indorsement thereon transfer the licence to the personal representatives of the deceased proprietor, or to his widow or child, if such child is of age. In like manner, in case of the marriage of a female proprietor during the currency of her licence, her licence may be transferred to her husband. In the case of a company, the licence may be transferred from the secretary or manager to his successor. 12. A licence granted in respect of any public carriage under this part of the Order shall be subject to the following conditions:— (a.) The proprietor thereof shall not permit or suffer the carriage to be sub-let. (b.) The proprietor shall, if during the currency of the licence he changes, his address, within seven days from such change bring his licence to the office of the Commissioner, and the Commissioner shall thereupon indorse the licence with the new address, and erase the former address therefrom. The address mentioned in or last indorsed upon the licence shall, for all purposes connected with the licence, be deemed to be 74 HACKNEY AND STAGE CARRIAGES. the address of the proprietor of the public carriage to which such licence refers. (c.) The proprietor— (1.) Shall not knowingly permit his carriage to be used for an illegal purpose. (2.) Shall not erase or deface his licence. (3.) Shall at all times, when required, produce his licence to the Commissioner. (4.) Shall at all reasonable times allow to all persons appointed by the Commissioner to be inspectors of public carriages, free access to his premises and stables for the purpose of inspecting the public carriage to which the licence relates, the horses used for drawing the same carriage and their harness. (5.) Shall within three days after a notice shall have been delivered to him personally, or left at the address mentioned in or last indorsed upon his licence, deliver up his licence to the inspector of public carriages at the police station of the district within which the place of his address so mentioned or indorsed is situate, and shall bring the public carriage to the same police station in order that the plates may be unfixed and delivered up to the inspector of public carriages. (d.) The proprietor, or driver, or conductor of any stage carriage, and the proprietor or driver of any hackney carriage, shall not conceal or remove any plate affixed to such carriage in pur- suance of this order, or alter or obliterate any number or mark thereupon, or any mark placed on such carriage by the authority of the Commissioner. The proprietor shall not permit or suffer any person, except such as are authorized by the Commissioner, to alter or remove any of the plates or marks required by this Order. (e.) The proprietor shall keep the carriage and all its furniture and appointments, and the harness of the horse or horses drawing the same, in perfect order and repair, and shall not suffer any printed, written, or other matter to appear on the outside or inside of the carriage by way of advertisement, except such, if any, as shall be approved by the Commissioner. 13. The proprietor of a public carriage shall within three days after the expiration of the period for which his licence shall have been granted deliver up his licence to the inspector of public carriages at the police station of the district within which the place of his address mentioned in or last indorsed upon the licence is situate, and shall bring the public carriage to the same police station in order that the number plate may be unfixed and delivered up to the inspector of public carriages. 14. Any licence erased or defaced shall be void. 15. Licences granted under this part of the Order shall be liable to revocation or suspension by the Commissioner in the following events:— (i.) If the proprietor fails to comply with the conditions on which the licence is granted as prescribed in sect. 12 of this Order; (ii.) In any of the events in which a hackney or stage carriage licence might have been revoked or Suspended at the time of the passing of the Metropolitan Public Carriage Act, 1869; HACKNEY AND STAGE CARRIAGES. 75 (iii.) If the proprietor commits a breach of the said Act or of this Order, or is convicted of felony or a misdemeanor, PART II.-Licensing of Drivers of Hackney Carriages and of Drivers and Conductors of Stage Carriages. In pursuance of sect. 8 of the above-mentioned Act, I hereby prescribe as follows:— * 16. Licences to act as driver or conductor of a stage carriage, or as driver of a hackney carriage, may be granted by the Commissioner, provided that the applicant be not less than twenty-one years of age. 17. Licences so granted shall be respectively in the forms contained in the Schedules F., G., H. and I. to this Order, and shall, if not re- voked or suspended, be in force for one year from the date thereof; and for every such licence there shall be paid to the Receiver of the * Metropolitan Police, or to such person as he shall appoint, the sum of 5s. 18. Every licence granted to a driver or conductor shall be subject to revocation or suspension for any period of time by any justice of the peace in any of the events in which a licence granted to a driver or conductor of a hackney or stage carriage in pursuance of any Act of Parliament might, at the passing of the Metropolitan Public &: Act, 1869, be revoked or suspended, and shall also be subject to revo- cation or suspension by any justice of the peace in the event of any breach of this Order or of the said Metropolitan Public Carriage Act, 1869. PART III.-Regulations as to Hackney and Stage Carriages. . In pursuance of sect. 9 of the above-mentioned Act, I hereby make the following regulations:— 19. The proprietor shall cause to be painted at the back of the hack- ney carriage, on the outside, the number of persons which the hackney carriage is licensed to carry. If the proprietor suffers his hackney carriage to ply for hire without such number so painted, he shall be deemed to have committed a breach of this Order. 20. If a hackney carriage carry a greater number of persons than the number which it is licensed to carry, the driver, and also the pro- prietor, if he be cognisant of the fact, shall be deemed to have com- mitted a breach of this Order. IFor the purpose of this regulation two children under ten years of age shall count as one person. 21. The hiring shall be by distance, or by time, as the hirer may express at the commencement of the hiring; but unless so expressed to be by time, shall be taken to be by distance. 22. The fare for the hiring of a hackney carriage which is both hired and discharged within a circle (hereinafter referred to as the four mile circle) the centre of which is Charing Cross, and the circumference is 76 HACKNEY AND STAGE CARRIAGES. described by a radius of four miles in length, shall be regulated as follows:— (1.) When the hiring is by distance, then, whether the hackney carriage is a four-wheeled carriage or a two-wheeled carriage, the fare shall be— (a) If the distance does not exceed two miles— S. d. For the whole distance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 (b) If the distance exceeds two miles— For each mile of the whole distance . . . . . . . . . . . . . . . . 0 6 For any part of a mile over and above any number of miles completed . . . . . . . . . . tº e º & © tº g º e º e º e º ºs e tº e º 'º º tº O together with such extra payments (if any) as the driver may under this Order be entitled to charge in the cases hereinafter mentioned. (2.) When the hiring is by time the fare shall be— For a For a, 4-wheeled 2-wheeled carriage. Carriage. (a) If the time does not exceed one hour— S. d. s. d. For the whole time . . . . . . . . . . . . . . . . . . . . 2 0 2 6 (b) If the time exceeds one hour— IFor each quarter of an hour of the whole time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 6 O 8 IFor any period of less than fifteen minutes which is over and above any number of periods of fifteen minutes completed . . . . 0 6 0 8 together with such extra payments (if any) as the driver may under this Order be entitled to charge in the cases hereinafter mentioned. 23. The fare for the hiring of a hackney carriage hired without the four mile circle shall (whether such carriage is a four-wheeled carriage or a two-wheeled carriage, and whether the discharge takes place within or without the four mile circle) be regulated as follows: (1.) When the hiring is by distance the fare shall be- (a) If the distance does not exceed one mile— S. d. For the whole distance . . . . . . . tº e º 'º e º ſº e º a tº e º t t c s g º e . 1 0 (b) If the distance exceeds one mile— IFor each mile of the whole distance . . . . . . . . . . . . . . . . 1 0 For any part of a mile over and above any number of miles completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 together with such extra payments (if any) as the driver may under this Order be entitled to charge in the cases hereinafter mentioned. (2.) When the hiring is by time the fare shall be— (a) If the time does not exceed one hour— S. d. For the whole time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 (b) If the time exceeds one hour— IFor each quarter of an hour of the whole time . . . . . . 0 8 For any period of less than 15 minutes which is over and above any number of periods of 15 minutes completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 8 together with such extra payments (if any) as the driver may under this Order be entitled to charge in the cases hereinafter mentioned. HACKNEY AND STAGE CARRIAGES. 77 24. The fare for the hiring of a hackney carriage which is hired within, but discharged without, the four mile circle shall be regulated as follows: (1.) When the hiring is by distance, then, whether the hackney carriage is a four-wheeled carriage or a two-wheeled carriage, the fare shall be— (a) If the distance does not exceed one mile— 8. d. For the whole distance . . . . . . . . . . g tº s tº e º a tº s tº e º 'º . . . . . 1 0 (b) If the distance exceeds one mile— For each mile ended within the four mile circle . . . . . . 0 6 For each mile ended without the four mile circle 1 0 For any part of a mile ended without the four mile circle over and above any number of miles com- pleted . . . . . . tº º e º e g º e s e s a e e s ∈ a c e º 4 e s e º O is a e s e º a s 1 0 together with such extra payments (if any) as the driver may, under this Order, be entitled to charge in the cases hereinafter mentioned. (2.) When the hiring is by time the fare shall be the same as if the hackney carriage had been hired without the four mile circle. 25. Whether the hiring be by distance or by time, the driver shall be entitled to charge, in addition to what is due to him for distance or time, as the case may be, the following extra payments in the following cases respectively:— (1.) If any luggage is carried outside the hackney carriage, he shall be entitled to an extra payment of 2d. for every package carried outside, whatever may be the number of persons carried : (2.) If at any time during the hiring more than two persons are carried together, he shall be entitled to an extra payment of 6d. for every person above two persons so carried. Provided, that two children under the age of 10 years shall count as one person. 26. If a hackney carriage is hired by distance, and in the course of the hiring is at the request of the hirer made to wait, the driver shall be entitled to charge (in addition to what is due to him for distance) an extra payment as follows:– For a four-wheeled carriage|* ºr. carriage *º hired within ed within or for the four mile circle. any carriage hired without the four mile circle. For each period of 15 minutes completed, whether in one stop- 6d. 8d. page or in several stoppages . . . . . . . . . . | The driver shall not be entitled to any extra payment for waiting any less period than fifteen minutes (whether such less period be com- pleted in one stoppage or in several stoppages) which is over and above any number of completed periods of fifteen minutes. The driver shall not be entitled to receive any extra payment for waiting, if such waiting has not amounted in the whole to fifteen minutes. 78 HACKNEY AND STAGE CARRIAGES. 27. A driver if hired by distance shall not be compelled to drive more than six miles; and, if hired by time, shall not be compelled to drive for more than one hour. 28. The driver shall, if so required, deliver to the hirer a ticket of the following form :— OBVERSE SIDE. HACKNEY CARRIAGE LIGENSED TO CARRY [ . ] PERSONs. (a) If hired and discharged within four mile circle:– (1) If by distance— Not exceeding two miles ........................... 18. Lxceeding two miles— For each mile or part of a mile .................. 6d. (2) If by time— For one hour or less................................. 2s.(?) Above one hour— For every fifteen minutes ........................ 63. 3. For any less period ................................. 6d. (4 (b) If hired without the four mile circle wherever dis- charged:— (1) If by distance— Not exceeding one mile ........................... 18. Exceeding one mile— For each mile or part of a mile .................. 18. (2) If by time— For one hour or less................................. 2s. 6d. Above one hour— For every fifteen minutes ........................ 80. For any less period ................................. 8d. (c) If hired within but discharged without four mile circle:– (1) If by distance— Not exceeding one mile ........................... 18. Exceeding one mile— I'or each mile ended within circle ............... 6d. For each mile ended without circle ............ 18. Por any part of a mile over ..................... 18. (2) If by time —Payment as if carriage hired with- out circle. EXTRA PAYMENTS. (a) Whether hired by distance or by time:— Luggage— - For each package carried outside ............... 2d. Extra persons— For each person above two ........................ 6d. Two children under ten years to count as one person. By distance—Waiting:— Eor every fifteen minutes completed— If hired within circle ........................... ... 6d.(?) If hired without circle.............................. 86. (*) The number mentioned in the licence. (*) In the case of a two-wheeled carriage, 2s. 6d. (*) In the case of a two-wheeled carriage, 8d. (*) In the case of a two-wheeled carriage, 8d. (*) In the case of a two-wheeled carriage, 8d. HACKNEY AND STAGE CARRIAGES. 79 REVERSE SIDE. * EIACKNEY CARRIAGE, No. Proprietor's Name Address Reference in case of complaints, or of property being left in the car- Tiage, to be made either to the proprietor at the above address or to a police Station. 29. Immediately after the termination of any hiring, the driver of a hackney carriage, and immediately after the completion of any journey, the conductor of a stage carriage shall carefully search the carriage for any property which may have been accidentally left therein. 30. If any property found in a hackney or stage carriage and brought to any police station by the driver, or by the driver or conductor thereof respectively, under the statute 16 & 17 Vict. c. 33, s. 11, be not, within three months, claimed and proved to the satisfaction of the Commissioner to belong to the claimant, the Commissioner shall forth- with sell such property, and out of the proceeds shall award to such driver or conductor as follows:— For property consisting of or com-Y prising any gold or silver money, A sum equal to 38. in the 1. On bank notes, jewellery, or watch, the value of the property. and being of less value than 101. For property of any other kind and | A sum equal to 2s. 6d. in the 17. being of less value than 10!....... on the value of the property. For property of the value of 101. or ) Such a sum as the Commis- upwards .............................. sioner shall deem reasonable. Provided that the Commissioner may, if he think fit, at the expiration of the said period of three months, deliver the property to such driver or conductor, instead of awarding to him a sum of money. 31. If the property which shall have been so brought to a police station be claimed before the expiration of the said period of three months, and the claimant prove to the satisfaction of the Commissioner that he is entitled thereto, the same shall be delivered to him on pay- ment by him of all expenses incurred, and of a remuneration to the driver or conductor. The amount of such remuneration shall be determined by the Commissioner, with reference to the character and value of the property, in accordance with the foregoing section. 32. In pursuance of section 10 of the above-mentioned Act, I hereby annex a penalty, not exceeding 40s., for the breach of any regulation or regulations made by Part III. of this Order. 33. The Orders made by the Right Honourable Henry Austin Bruce and the Right Honourable Eſerbert Benry Asquith, in virtue of the said Metropolitan Public Carriage Act, 1869, dated respectively the 10th day of March, 1871, and the 23rd day of March, 1893, are hereby revoked, provided that every licence already granted in pursuance of the said Orders shall be as valid as if it had been granted in pursuance of and in accordance with the provisions of this Order. 1 34. This Order shall come into force on the 1st day of September, 896, gºº 80 HACKNEY AND STAGE CARRIAGES. SCHED ULES, SCHEDULE A. “Metropolitan Public Carriage Act, 1869.” (32 & 33 Vict, cap. 115). FORM OF APPLICATION FOR A HACKNEY CARRIAGE LICENCE. I (a) , residing at (b) , hereby apply for a licence to let a carriage for the purpose of plying for hire as a hackney carriage within the Metropolitan and City Police Districts, under the provisions of “The Metropolitan Public Carriage Act, 1869.” I hereby declare that no former licence of mine has ever been revoked * or suspended, and that I have never been convicted of felony or a misdemeanor, t and that I am not under twenty-one years of age. Signature in full º Dated To the Commissioner of Police of the Metropolis. (a) Insert christian name and surname in full. If a member of a partner- ship, say senior partner of the firm of . If a company is the applicant, say I, , secretary or manager of company. (b) If a partnership or company, say carrying on business. If a company, say where the chief office is. The words “residing at ”..may then be omitted. (b) Insert the number of the house, the street, and the parish. * If a former licence has been revoked or suspended, the date and cause of such revocation or suspension are to be stated. f If the applicant has been convicted of a misdemeanor, the date of con- viction is to be stated. SCHEDULE B. “Metropolitan Public Carriage Act, 1869° (32 & 33 Vict, cap. 115). FORM OF APPLICATION FOR A METROPOLITAN STAGE CARRIAGE LICENCE. I (a) , residing at (b) , hereby apply for a licence to let a carriage for the purpose of plying for hire as a stage carriage within the Metropolitan and City Police Districts, under the provisions of “The Metropolitan Public Carriage Act, 1869.” I hereby declare that no former licence of mine has ever been revoked" or suspended, that I have never been convicted of felony or a misdemeanor, f and that I am not under twenty-one years of age. Signature in full, º Dated To the Commissioner of Police of the Metropolis. (a) Insert christian name and surname in full. If a member of a partner- ship, say senior partner of the firm of ... If a company is the applicant, say I (A. B.) , secretary or manager of company. (b) If a partnership or company, say carrying on business. If a company, say where the chief office is. The words “residing at ” may then be omitted. (b) Insert the number of the house, the street, and the parish. * If a former licence has been revoked or suspended, the date and cause of such revocation or suspension are to be stated. t If the applicant has been convicted of a misdemeanor, the date of conviction is to be stated. HACKNEY AND STAGE CARRIAGES. 81 SCHEDULE C. “Metropolitan Public Carriage Act, 1869.” (32 & 33 Vict, cap. 115). CERTIFICATE OF INSPECTOR OF PUBLIC CARRIAGES. I certify that I have examined the carriage submitted with this application, and find the same FIT for public use, and constructed to carry passengers inside and outside, and that the number of the number plate affixed to the same is º , Inspector of Public Carriages. Dated tº SCHEDULE D. “Metropolitan Public Carriage Act, 1869” (32 & 33 Vict, cap. 115). HACKNEY CARRIAGE LICENCE, No. e In consideration of a sum of two pounds paid to the Receiver for the Metropolitan Police District, I hereby license , residing at , to let the carriage distinguished by the number given in the margin hereof, for the purpose of plying for hire as a hackney carriage within the limits of the above-mentioned Act for one year, unless this licence shall be previously revoked or suspended, subject to the provisions of the Acts now in force as to hackney carriages, and subject to any order made by Her Majesty's Principal Secretary of State by virtue of the “Metropolitan Public Carriage Act, 1869.” And I certify with regard to the said carriage that the number of j. which it is licensed to carry is (a) inside, and (a) outside. By order of Her Majesty’s Principal Secretary of State. Dated e , Commissioner of Police of the Metropolis. (a) Insert the numbers respectively given in the certificate of the Inspector of Public Carriages. See Schedule C. SCHEDULE E. “Metropolitan Public Carriage Act, 1869° (32 & 33 Vict. cap. 115). STAGE CARRIAGE LICENCE, No. . In consideration of a sum of two pounds paid to the Receiver for the Metropolitan Police District, I hereby license , residing at , to let the carriage distinguished by the number given in the margin hereof, for the purpose of plying for hire as a Metropolitan stage carriage within the limits of the above-mentioned Act for one year, unless the licence shall be previously revoked or suspended, subject to the provisions of the Acts now in force as to Metropolitan stage carriages, and subject to any Order made by Her Majesty's Principal Secretary of State by virtue of the “Metropolitan Public Carriage Act, 1869.” And I certify with regard to the said carriage that the number of persons which it is licensed to carry is (a) inside and (a) outside. Dated By order of Her Majesty’s Principal Secretary of State. ate º , Commissioner of Police of the Metropolis. (a) Insert the numbers respectively given in the certificate of the Inspector of Public Carriages. See Schedule C. 1B. G. 82 HACKNEY AND STAGE CARRIAGES. SCHEDULE F. Torervº OF METROPOLITAN STAGE CARRIAGES. 32nd $ 33rd Victoria, cap. 115. LICENCE. No, º 189 . Description. * To , of , to act as a driver of #ght § Metropolitan stage carriages for one year, Eyes ſº unless this licence be sooner revoked or sus- |Pſair © pended. Complexion * By order of Her Majesty’s Principal Secretary of State. PoſMCE OFFICE, , Commissioner of Police of the Metropolis. New Scotland Yard. fºr This Licence is issued subject to the conditions of 32 & 33 Vict, cap. 115, and of all Orders made by Her Majesty's Principal Secretary of State in pursuance thereof, and if not sooner revoked, suspended, or renewed, must be delivered up at this office on the day of ſº Dat Memorandum of Change Fntered 8, C6. of Abode. at the Office. ENTRIES as required by the Act 6 & 7 Vict, cap. 86, sect. 8, and by the 32 & 33 Vict, cap. 115, and the Orders made in pursuance thereof, tncorporating the said requirements, are to be made by proprietors in the respective columns beneath. Date when within- Name of the Address of the named Licensed Date of Broprietor. Proprietor. Person entered quitting Service. Proprietor's service. HACKNEY AND STAGE CARRIAGES. 83 SCHEDULE G. IDRIVER OF METROPOLITAN STAGE CARRIAGES. 32nd & 33rd Victoria, cap. 115. LICIENCE. No. . . . 189 Description. TO , of ; to act as Age º-ºº-ººººº a driver of metropolitan stage # ht, carriages propelled by mechanical E . 9 e power and none other, for one year, #. º unless this licence be sooner revoked Complexion, or suspended. By order of Her Majesty's Principal Secretary of State. , Commissioner of Police of the Metropolis. PolicE OFFICE, New Scotland Yard. §3. This Licence is issued subject to the conditions of 32 & 33 Wict, cap. 115, and of all Orders made by Her Majesty's Principal Secretary of State in pursuance thereof, and if not sooner revoked, suspended, or renewed, must be delivered up at this Office on the day of Q Memorandum of Change Entered Date. of Abode. at the Office. ENTRIES as required by the Act 6 & 7 Vict, cap. 86, sect. 8, and by the 32 & 33 Vict, cap. 115, and the Orders made in pursuance thereof, incorporating the said requirements, are to be made by Proprietors in the respective columns beneath. Date when within- Name of the Address of the named Licensed Date of Proprietor. Proprietor. Person entered quitting Service. Proprietor's service. G 2 84 HACKNEY AND STAGE CARRIAGES. SCHEDULE H. CONTIDUCTOR OF METROPOLITAN STAGE CARRIAGES. 32nd & 33rd Victoria, cap. 115. LICENCE. No. Descri 189 'ption. escriptwon TO , of , to act as Age, e a conductor of metropolitan stage Height, º carriages for one year, unless this Eyes, º licence be sooner revoked or sus- Hair, e pended. Complexion, By order of Her Majesty’s Principal Secretary of State. PolſoE OFFICE, New Scotland Yard. , Commissioner of Police of the Metropolis. fºr This Licence is issued subject to the conditions of 32 & 33 Vict, cap. 115, and of all Orders made by Her Majesty's Principal Secretary of State in pursuance thereof, and if not sooner revoked, suspended, or renewed, must be delivered up at this Office on the day of Memorandum of Change Entered T)ate. of Abode. c at the Office. ENTRIES as required by the Act 6 & 7 Vict, cap. 86, sect. 8, and by the 32 & 33 Vict, cap. 115, and the Orders made in pursuance thereof incorporating the said requirements, are to be made by Proprietors in the respective columns beneath. Date when within- Name of the Address of the named Licensed Date of Proprietor. Proprietor. Person entered quitting Service. Proprietor's service. HACKNEY AND STAGE CARRIAGES. 85 SCHEDULE I. IDEIVER OF HACKNEY CARRIAGES. 32nd & 33rd Victoria, cap. 115. LICIENCE. No. & 189 ‘O Description. #. ht To , of , to act as a driver of #: hackney carriages for one year, unless this EHair tº licence be sooner revoked or suspended. Complexion tº By order of Her Majesty’s Principal Secretary of State. PolicE OFFICE, New Scotland Yard. , Commissioner of Police of the Metropolis. ſºr This Licence is issued subject to the conditions of 32 & 33 Vict, cap. 115, and of all Orders made by Her Majesty's Principal Secretary of State in pursuance thereof, and if not sooner revoked, suspended, or renewed, must be delivered up at this office on the day of Memorandum of Change Entered Date. of Abode. at the Office. ENTRIES as required by the Act 6 & 7 Vict, cap. 86, sect. 8, and by the 32 & 33 Vict. cap. 115, and the Orders made in pursuance thereof, incorporating the said requirements, are to be made by Proprietors in the respective columns beneath. Date when within- Name of the Address of the named Licensed Date of Proprietor. Proprietor. Berson entered quitting Service. Proprietor's service. 86 . HACKNEY AND STAGE CARRIAGES. HACKNEY CARRIAGES. NoTICE to Proprietors as to Conditions for obtaining Certificate of * Pitness. Hackney carriages must be submitted for inspection in a thoroughly good condition, and no hackney carriage will be certified fit for public use unless it is newly painted and varnished. The following con- ditions must also be strictly complied with:— *1. That the number of persons to be carried be distinctly painted on Some part of the back of the carriage. 2. That 16 inches at least, measuring in a straight line, are allowed on the seats for each person, and also room for the legs and feet. 3. That all hansom cabs, constructed to carry two persons, shall be at least 40 inches in width, measuring under each window, and 28 inches from the back of the seat to inside of the door pillar. 4. That there is sufficient height inside; not less than 40 inches from the seat to the roof, or, in the case of hansom cabs, to the window frames, measuring from the top of the cushion. 5. That all carriages fitted with noiseless or rubber-tyred wheels have bells affixed either to the carriage, or to the harness of the horse drawing the same. 6. That each four-wheeled carriage has a check string. 7. That straps with holes are placed on the window frames (where considered necessary), and that metal or bone knobs are fixed inside the carriage, to enable the windows to be partially closed. 8. That carriages, the floors of which are above 18 inches from the ground, have steps. 9. That an iron frame and chains, or some equally efficient means for securing luggage carried on the roof, are fixed on the outside of all four-wheeled carriages. 10. That the floor be covered with rope or coir mats, or some other proper material. f 11. That the seats, cushions, &c. are stuffed with horsehair, wool, or flock, and not with hay, straw, Seaweed, or whalebone shavings. 12. That the doors, windows, seats, roof, springs, wheels, cushions, lining, panels, &c., and all furniture and appointments of the carriage and the harness of the horse or horses used in drawing the same, are in perfect order and repair; the paint and warnish bright and in good condition, and the inside perfectly clean. 13. That some effectual remedy be adopted to prevent the rattling of window frames and glasses. 14. That no printed, written, or other matter be allowed to appear on the outside or inside of the carriage by way of advertisement. NOTE.—Though the above conditions may have been complied with, yet if there be anything in the construction, form, or general appear- ance which, in the opinion of the Commissioner, renders the carriage unfit for public use it will not be licensed. E. R. C. BRADFORD, PUBLIC CARRIAGE OFFICE, Commissioner of Police of the 21st August, 1896, Metropolis, HACKNEY AND STAGE CARRIAGES. 87 METROPOLITAN STAGE CARRIAGES. NOTICE to Proprietors as to Conditions for Obtaining a Certificate of Fitness. Metropolitan stage carriages must be submitted for inspection in a thoroughly good condition, and no stage carriage will be certified fit for public use unless it is newly painted and varnished. The following conditions must also be strictly complied with :— 1. That 16 inches, measuring in a straight line, are allowed for each passenger on every seat, which must be fit and proper and con- venient for sitting on. 2. That the number of passengers which the vehicle is licensed to carry is painted legibly on the outside and inside. 3. That the fares are legibly painted on the inside, also the words “Metropolitan Stage Carriage,” and the number of the number plate. Tramway cars must have the fares painted both inside and outside. 4. That the words “Metropolitan Stage Carriage,” with the number of the number plate, are legibly painted on the outside, behind the carriage on the near side. 5. That the Christian name and 8wrname of proprietor, and the names of extreme places are painted on each side of the carriage, clear of the wheel. 6. That a lamp is placed inside. 7. That no printed or written matter be allowed to appear on the outside or inside of the carriage by way of advertisement, except such, if any, as shall be approved by the Commissioner. 8. That there is proper ventilation without opening the windows. 9. That there is sufficient height for each passenger inside when sitting, not less than 40 inches from the seat to the spring of the roof, measuring from the top of the cushion. 10. That the carriage is of sufficient width inside (not less than 54 inches from the back of one seat to the back of the one opposite), to allow persons to pass up and down. 11. Carriages with “cross” or “garden” seats on the roof must have at least 26 inches clear from the inside back of one seat to the back of the seat in front of it, so that there shall be room for the knees. 12. That the roof, seats, cushions, linings and panels, &c. are clean and in good repair; the springs, wheels, doors and windows in good repair and working order, and the paint and varnish bright and in good condition. 13. That the steps for getting inside, on roof, &c. are safe and con- venient, and that efficient means are provided by rails or straps to assist passengers entering and leaving. 14. That some efficient means (battens or otherwise) be provided to raise the feet from the bed of the carriage. Clean straw may be used in wet or cold weather. 15. That the harness of the horses drawing the carriage is in perfect order and repair. 16. That the seats, cushions, &c. are stuffed with horsehair, wool, or flock, and not with hay, straw, seaweed, or whalebone shavings. 17, All stage carriages must be provided with sufficient brake-power, and tramway cars must have in addition a guard or fender, placed in such a position as to be effective in removing or pushing aside any- thing that may fall in front of the wheels. 18. Carriages impelled by mechanical means will be required to 88 HACKNEY AND STAGE CARRIAGES. produce a certificate from the Board of Trade to the effect that their requirements have been complied with. NoTE.—Though the above conditions may have been complied with, yet if there be anything in the construction, form, or general appear- ance which in the opinion of the Commissioner renders the carriage unfit for public use, it will not be licensed. E. R. C. BRADFORD, |PUBLIC CARRIAGE OFFICE, Commissioner of Police of the 21st Awgust, 1896. Metropolis. INSPECTION OF METROPOLITAN STAGE AND HACKNEY CARRIAGES. On and after 1st April next Metropolitan Stage and Hackney Carriages will be inspected at the undermentioned Police Stations, on the days named, and between the hours stated— District Poli Foliº iºns Hours. 1St IIC OJICe 8t, Whic No. Divisions. Carriages are Days of Attendance. [...T. pected. a.m. p.m. 1 A. and B. . . Rochester Row . . [Mondays, Tuesdays and 11 || 2 Thursdays. 2 C. andle.with Bow Street. . . . . . Mondays and Fridays ..., | 11 2 that part of Albany Street ...|Tuesdays and Thursdays 11 2 S. and Y. south of the Regent's Canal. 3 |D. and X. . . [Molyneux Street..|Tuesdays . . . . . . . . . . . . . 11 2 Carlton Terrace. . [Mondays and Thursdays 11 2 Laling . . . . . . . . . . [Last Friday in each 10 | 12 month. IlOOIl. 4 |F. and T. ... Paddington Green|Mondays and Thursdays 11 2 Walham Green ...|Fridays . . . . . . . . . . . . . . 9 || 11 8. Iſl. Hammersmith . . [Fridays . . . . . . . . . . . . . . . 12 || 2 IlOOIl. Twickenham .... |Fourth Tuesday in each 11 || 1 month. 5 G. and N. . . King's CrossIroad|Mondays, Tuesdays and 11 || 3 Eridays. Kingsland Road..|Wednesdays . . . . . . . . . . . 9 || 11 8. Iſl. Upper Street, Thursdays . . . . . . . . . . . . 10 | 12 Islington. IlOOOl. HACKNEY AND STAGE CARRIAGES. 89 I)istrict Poli Folºne Hours. º Diºs, cº: £MI6 Days of Attendance. From To inspected. a.m. p.In , 6 |H. J. K. and Arbour Square ... [Mondays and Fridays ... 11 | 1 City. Victoria Park. ... [Tuesdays . . . . . . . . . . . . . 11 || 1 West Ham...... Thursdays & E º e g º O ſº e º a tº 12 2 1100]] 7 |L. . . . . . . . . [Kennington Lane Mondays, Tuesdays and 11 || 3 Fridays. 8 |M. R. and P. Southwark. . . . . . [Mondays and Fridays ... 11 || 3 Woolwich ......|First Tuesday in each | 12 2 month. IClOOIA. Blackheath Road First and Third Thurs- 12 || 2 days in each month. noon. Penge . . . . . . . . . . [Second and Fourth 10 | 12 Thursdays in each IlOOLl. month. Bromley . . . . . . . . [Second and Fourth 1 || 2 Thursdays in each p.m. month. 9 That portion|Kentish Town ...|Mondays and Thursdays 11 || 3 of S. and Y. Caledonian Road Tuesdays . . . . . . . . . . . . 11 || 2 north of the Portland Town . . [Fridays . . . . . . . . . . . . . . . 10 | 12 Regent's In OOIl. Canal. 10 |V. and W. . . [Brixton . . . . . . . . Mondays and Thursdays 11 2 Croydon . . . . . . . . Last Tuesday in each 10 | 12 month. IlOOLl. |Richmond . . . . . . [First and Third Tuesdays 10 | 12 in each month. Il OOIl. Wimbledon .... Second Tuesday in each; 9 10 Imonth. 3. DOl. Kingston ... . . . [Second Tuesday in each 12 | 1 month. IlOOIl. Battersea Bridge|Fridays ..... . . . . . . . . . . 12 2 |Road. Il OOIl. N.B.-Special arrangements will be made for the inspection of Hackney and Stage Carriages standing at a greater distance than three miles from the Inearest police station of the district, on application being made to the Superintendent of the Public Carriage Office for that purpose. The inspection to take place at the police station nearest to the yard at which the carriages stand. E. B. C. BRADFORD, Commissioner of Police of Metropolis. METROPOLITAN POLICE OFFICE, March, 1896. 90 HACKNEY AND STAGE CARRIAGES. In addition to the above statutes the following enactments will also apply in the case of the use of light locomotives upon highways, and of all other carriages or vehicles. An Act to consolidate and amend the Law relating to Offences against the Person (k), which by sect. 35 provides—“Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being con- victed thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.” An Act of somewhat similar nature, in so far as it regulates the conduct of drivers of vehicles upon highways, is the— Intowicating Liquors Act, 1872 (l), which provides that—“Every person who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam-engine, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the Court to imprisonment, with or without hard labour, for any term not exceeding one month. Where the Court commits any person to prison for non-payment of any penalty under this section the Court may order him to be imprisoned with hard labour.” It will have been observed that the statutes relating to highways and hackney carriages, which have been already referred to, only deal in a general manner with the regulation of traffic upon highways. But it should be remembered that boroughs have power under the Municipal Corporations Act, 1882 (m), to make bye-laws for the purpose of regulating traffic within the limits of their authority, and for the prevention and suppression of nuisances. These or similar powers are conferred upon County Councils by the Local Government Act, 1888 (n), which further provides that such bye-laws must be submitted for approval to the Local Government Board under the provisions of the Public Health Act, 1875 (o). The County Councils apparently also have transferred to them the administrative business of county authorities (i.e., justices) as to bye-laws and regulations affecting the use of Waggons, carts, and carriages, in relation to the width, or construction, or number of wheels, K) 24 & 25 Vict. c. 100, s. 35. § 35 & 36 Vict. c. 94, s. 12. (m) 45 & 46 Vict. c. 50, s. 23. See also Traffic Regulation, Metropolis, Act, 1867. See Appendix. (n) 51 & 52 Vict. c. 41, s. 16. (o) 38 & 39 Vict. c. 55, s. 187. HACKNEY AND STAGE CARRIAGES. 91 and the locking of, or affixing of a skid or shoe to the wheels of any such waggon, cart, or carriage under sect. 26 of the High- ways and Locomotives Act, 1878 (p). Any bye-laws or regulations made under the above statutes must be strictly within the authority under which they are made, and in addition must also be reasonable (7). All summary proceedings by way of information or complaint under the various Hackney Carriage Acts are regulated by the Summary Jurisdiction Acts, 1848 to 1884 (r). Sect. 5 of the Act of 1879 fixes the scale of imprisonment to be imposed in default of payment of the Imoney or fine adjudged to be paid on conviction; such imprisonment is to be without hard labour. The Excise duties payable in respect of all carriages will be found dealt with, so far as light locomotives can be concerned, in the note to sect. 8 in Chapter I. The Inland Revenue Acts are set out in the Appendix. (p) 41 & 42 Vict. c. 77, s. 26. For transfer to County Council, see 51 & 52 Vict. c. 41, Ss. 3, 11. (g) Strickland v. Hayes, (1896) 1 Q. B. 290; Johnson v. Mayor of Croydon, 16 Q. B. D. 708. (r) 11 & 12 Vict. c. 43; 42 & 43 Vict. c. 49; 47 & 48 Vict. c. 43. See also the Summary Jurisdiction Rules, 1896. ( 92 ) CELAPTER III. NEGLIGENCE. ExCEPT so far as the Light Locomotives Act and the regulations thereunder provide special rules as to the use of light locomotives upon the highway, these vehicles will be subject to the ordinary rules of law applicable to all vehicles. And, except where specially mentioned, the following rules as laid down will apply generally to all vehicles. It must, however, be understood that, in the case of light locomotives, locomotives, and hackney car- riages, or bicycles, special regard must be paid to the special Acts or regulations affecting those particular classes of vehicles. Except where specially mentioned, the law, as laid down in the following chapter, applies to the use of all vehicles upon highways. Where the use of a vehicle of any class on a highway or public place is such as to be not merely a public nuisance, for which the owner or driver may be liable to penalties on conviction, but also such as to cause an injury to a private individual, such private individual has his remedy by bringing an action at law for damages (a). Remote consequential damage will not give rise to a cause of action (b). This is illustrated by a case in which the defendant’s servants washed a van in a public high- way, in contravention of the Metropolitan Police Act (c); the water ran by the gutter to the mouth of a sewer, where it was choked, so that the water accumulated on the road, where it froze. The plaintiff’s horse slipped on the ice, and was injured. In an action to recover damages for the injury to the horse, it was held that, though the defendant was generally answerable for the natural consequences of his negligence, yet that he was not liable for the injury in question, because the proximate cause of such injury was not such as might have been reasonably expected to result from such negligence, and that the damage was too remote (d). (a) See Pollock's Law of Torts; Smith's Law of Negligence; Beven’s Negligence in Law. (b) Cf. Ricket v. Metropolitan Rail. Co., L. R. 2 H. L. 175; 36 L. J. Q. B. 205; 16 L. T. (N.S.) 542. (c) 2 & 3 Vict. c. 47, s. 54. (d) Sharp v. Powell, 7 C. P. 253; 41 L. J. C. P. 95; 26 L. T. (N.S.) 436. NEGLIGENCE. 93 It is not feasible, in a short work like the present, to do more than give a general view of the law of negligence, of nuisance, or of contract respectively. All these are more properly and more conveniently dealt with in the leading text books upon those subjects. There are, however, certain general rules and certain well-known cases which may be usefully referred to, though only, it may be, for the purpose of enabling the reader to ascertain the proper place in which to find the law affecting any particular question which may arise. First of all, it is well to consider shortly what constitutes negligence for which an owner of a vehicle is responsible. Negligence is the omission to do something which areasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing something which a prudent and reasonable man would not do; if by such omission, or by such act, mischief is caused, though not inten- tionally, an action will lie at the suit of the person suffering such mischief (e). Certain duties are imposed upon all persons with regard to their conduct so far as regards all other persons. Mr. Horace Smith, in his book on Negligence, says (f) these duties are divided into three heads: (1) duties which arise out of rights, (2) duties which arise out of employment, (3) duties imposed by statutes. With regard to these three heads, Mr. Smith con- tinues: (1) Men are put by the law in possession of rights, and the law imposes upon all men in the exercise of any rights a duty not to interfere with the equal rights of another, apart from any agreements which they may have made between them- selves. If, in the exercise of a right which a man has by law, he unintentionally breaks, or omits the duty of not interfering with the equal rights of another, which is imposed by law, and thereby injures another, he is guilty of a tort called negligence. (2) So, also, where two persons assume relations towards each other of employer and employed, involving the performance of services, there the law implies or imposes the conditions that the performance must be carefully carried out. These are, strictly speaking, contracts, and the law imposes certain terms as apper- taining to these contracts. (3) And, lastly, where a statute directs a person to perform a duty, and he omits to perform that duty with care, he is guilty of negligence. The above rules, as stated by Mr. Horace Smith, will be found to be the foundation underlying the whole law relating to neg- ligence. The present Master of the Rolls (Lord Esher) has laid down the following definition :-Actionable negligence consists in the neglect of the use of ordinary care or skill towards a (e) Blyth v. Birmingham Waterworks Co., 11 Exch. 781; 25 L. J. Exch. 212, per Alderson, B. (f) Smith on Negligence, Chap. I., p. 9. 94 NEGLIGENCE. person to whom the defendant owes the duty of observing ordinary care and skill, by which the plaintiff, without contributory negligence on his part, has suffered injury (g). The burden of proof of the negligence, which, it may be alleged, is the cause of the injury complained of, is in all cases upon the plaintiff; and nothing can be inferred from the mere fact that the plaintiff has suffered injury unless he can show positively a want of skill or care or an act of negligence (h). It is not enough to show a state of things which is equally consistent with negligence or the absence of negligence (i). On the other hand, it has been dis- tinctly laid down by the House of Lords(k) that there is no onus upon the plaintiff to show that he himself was using due care. But where a thing is under the control or management of a defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care (!). Having ascertained in a general way what constitutes negli- gence in law, it is necessary to ascertain how the principles are applied in practice. The most usual tribunal before which any case involving a question of negligence will come consists both of a judge and jury. In such a case the question whether there is any evidence to support the charge of negligence is for the judge; the ques- tion of whether the facts, on the evidence given, do or do not amount to negligence is one for the jury, and is one of fact, of which the jury are the sole judges. Upon the judge is cast the duty of deciding the law; upon the jury is cast the duty of de- ciding the facts. Where, however, the judge is sitting alone, he decides both law and facts. The above principles have been stated by the House of Lords by Lord Cairns (m) in the follow- ing language :-‘‘The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether, from those facts when submitted to them, negli- gence ought to be inferred. It is, in my opinion, of the greatest importance in the administration of justice that these separate functions should be maintained, and should be maintained (g) Heaven v. Pender, 11 Q. B. D. p. 507; 52 L. J. Q. B. 702. (h) Hammack v. White, 11 C. B. (N.S.) 588; 31 L. J. C. P. 129; Wakelin v. L. & S. W. Railway, 12 App. Cas. 41 ; 56 L. J. Q. B. 229. (i) Manzoni v. Douglas, 6 Q. B. D. 145; 50 L. J. Q. B. 289. (k) Wakelin v. L. & S. W. Railway, supra; Dublin, &c. Rail. Co. v. Slattery, 3 App. Cas. 1169. (l), Scott v. London Dock Co., 3 H. & C. 596; 34 L. J. Exch. 220. (m) Metropolitan Rail. Co. v. Jackson, 3 App. Cas. 193; 47 L. J. C. P. 303, NEGLIGENCE. 95 distinct. It would be a serious inroad on the province of a jury if, in a case where there are facts from which negligence may reasonably be inferred, the judge were to withdraw the case from the jury upon the ground that, in his opinion, negligence ought not to be inferred; and it would, on the other hand, place in the hands of the jurors a power which might be exercised in the most arbitrary manner, if they were at liberty to hold that negli- gence might be inferred from any state of facts whatever.” In the same case Lord Blackburn said:—“It has always been considered a question of law to be determined by the judge, subject of course to review, whether there is evidence which, if it is believed, and the counter evidence, if any, not believed, would establish the facts in controversy. It is for the jury to say whether, and how far, the evidence is to be believed. And if the facts as to which evidence is given are such that from them a further inference of fact may legitimately be drawn, it is for the jury to say whether that inference is to be drawn or not. But it is for the judge to determine, subject to review, as a matter of law, whether from those facts that further inference may legitimately be drawn.” Probably the most difficult class of case, though far from un- common, is to be found where accidents have resulted at railway crossings. These are, to some extent, parallel with any cases in which a passenger crossing a highway may, by some mis- chance, be knocked down or injured by a motor car, hackney carriage, or other vehicle. In such a case the question of contributory negligence may, and probably does, arise; and although at present the subject to be discussed is negligence, yet it is impossible to entirely sepa- rate the question of contributory negligence. So far as foot passengers are concerned, the law is that such a person, though infirm, has a right to walk in the carriage way, which exists equally for foot passengers and carriages, and he is entitled to the exercise of reasonable care on the part of drivers of vehicles upon any highway (n). But at the same time such a person is bound to take reasonable care to avoid a vehicle, in the same way as the driver of the vehicle is bound to take reasonable care to avoid a foot passenger (o). To a great extent the law, as laid down in “level crossing” cases, is applicable to such cases as those in which a foot pas- senger is injured by a vehicle upon a high road; and it is im- portant to see what are the rules as to negligence and contributory negligence in these “level crossing” cases. (n) Boss v. Litton, 5 C. & P. 407. (o) Cotton v. Wood, 8 C. B. (N. S.) 568; 29 L. J. C. P. 333. See also Chaplin v. Hawes, 3 C. & P. 554; Williams v. Richards, 3 C. & K. 81. 96 NEGLIGENCE. Lord Halsbury, in a case of this class, said (q): “It is in- cumbent upon the plaintiff to establish by proof that her husband's death has been caused by some negligence of the defendants, some negligent act, or some negligent omission, to which the injury complained of, in this case the death of the husband, is attributable. That is the fact to be proved. If the fact is not proved the plaintiff fails, and if, in the absence of direct proof, the circumstances which are established are equally consistent with the allegation of the plaintiff as with the denial of the defendants, the plaintiff fails, for the very simple reason that the plaintiff is bound to establish the affirmative of the proposition, E. Qui affirmat non eſſ qui negat incumbit probatio. If the simple proposition with which I started is accurate, it is manifest that the plaintiff, who gives evidence of a state of facts which is equally consistent with the wrong of which she com- plains having been caused by—in this sense that it could not have occurred without—her husband’s own negligence as by the negligence of the defendants, does not prove that it was caused by the defendants' negligence.” • Lord Watson in the same case says: “Mere allegation or proof that the company were guilty of negligence is altogether irrelevant ; they might be guilty of many negligent acts or Omissions, which might possibly have caused injury to somebody, but had no connection whatever with the injury for which redress is sought, and therefore the plaintiff must allege and prove, not merely that they were negligent, but that their neg- ligence caused or materially contributed to the injury.” In an earlier case than the above it was held that, where there is contradictory evidence as to the facts, it is for the jury and not for the judge to decide upon them; in that case, as Lord Cairns pointed out, it was not a question of a new trial on the ground of the verdict being against the weight of evidence, but of whether the judge should have taken the case out of the hands of the jury in the first instance (r). Lord Hatherley in the same case expressed approval of the ruling of Mr. Justice Barry, in the Court below, to the following effect: “When once a plaintiff has adduced such evidence as, if uncontradicted, would justify and sustain a verdict, no amount of contradictory evidence will justify the withdrawal of the case from the jury.” In the result, the defendants' appeal was dismissed by a majority of the House of Lords, with an intimation that, at the same time, they were of opinion that the verdict of the jury in favour of the plaintiff was a wrong one. (q) Wakelin v. L. & S. W. Railway, 12 App. Cas. 41 ; 56 L. J. Q. B. 229. As to street crossings, see Boss v. Litton, 5 C. & P. 407; Hawkins v. Cooper, 8 C. & P. 473; Cotton v. Wood, 8 C. B. (N. S.) 568; 29 L. J. C. P. 333; Chaplin v. Hawes, 3 C. & P. 554. - (r) Dublin, Wicklow and Wexford Rail. Co. v. Slattery, 3 App. Cas. 1155. NEGLIGENCE, - 97 The border-line between the cases, cited above, upon the questions to be decided respectively by judge or jury, and cases involving contributory negligence is very narrow indeed. In fact in most, if not in all, of the above cases the question of contributory negligence was discussed, especially in Slattery’s Case, where the question introduced considerable complication. The most recent case under the head of “level crossings” is that of Smith v. South Eastern Railway Co. (s). In that case the plaintiff’s husband was run over and killed under the follow- ing circumstances. The defendants' line crossed a highway at a point where the defendants kept a gatekeeper's lodge ; it was the duty of the gatekeeper to open and shut the gates as required, and to give warning, either by flag or light, to the public when the line was clear; if the gates were closed to the public, as when a train was coming, they exhibited a red light as a warning to the public. The deceased had occasion to go to the lodge to make some inquiries, and upon leaving the gate- keeper, although the latter was aware of the approach of a train, he gave no intimation or warning to that effect. It was night, but it was proved that the lights of an approaching train could be seen in each direction for some considerable distance. There was evidence from which it appeared that the deceased, on leaving the lodge, attempted to cross the line, but while so doing was caught by the train and killed, his body being found on the rails. There was also evidence that the whistle of the engine was sounded before reaching the crossing (t). The jury having found a verdict for the plaintiff, the defendants appealed. Lord Esher, in his judgment, said (u): “Assuming that all the legal proposi- tions contended for by the defendants were true—which Imust not be taken to admit—in my opinion it is clear that, upon the facts proved in evidence in this case, the judge could not have with- drawn the case from the jury. It seems to me that the main stress of the argument for the defendants was with regard, not so much to the question whether there was evidence of negligence on the part of the defendants, as to the question whether there was contributory negligence on the part of the deceased. On whomsoever the burden of proof may lie, it cannot be doubted that, although the defendant has been guilty of negligence, if the person to whom the accident has happened was also guilty of contributory negligence, no action can be maintained (a). (s) (1896) 1 Q. B. 178; 65 L. J. Q. B. 219. (t) Cf. Local Government Board Regulations, 1896, Art. II. (9), light on light locomotive, and sects. 2 and 3 of the Act (1896), as to lights and whistles. (w) (1896) 1 Q. B. 182. (a) This seems to be reconcilable with the view of Lord Blackburn in Slattery’s Case, 3 App. Cas, at p. 1207, who said:—“The usual way of directing a jury . . . is to say that if the plaintiff could by the exercise of B. H 98 - NEGLIGENCE. That proposition may be expressed in various ways. ... It may be said that it is not made out that the defendants’ negligence was the sole cause of the accident, or that the negligence of the defendants was not the cause of the accident, because it was caused by the joint negligence of the defendants and the person to whom the accident happened. The question in this case seems to reduce itself to this: Could the judge have properly directed the jury, as a matter of law, that negligence on the part of the deceased was proved? It is an admitted proposition of law that, if there is no evidence of some material fact which forms an essential part of the plaintiff’s case, then the judge is bound to withdraw the case from the jury.” Lord Esher then set out the facts proved and proceeds: “If that be so, there was evidence for the jury upon the question whether there was any want of reasonable care on his (deceased's) part. In saying this, I think I am acting on the view expressed by Tord Cairns in Slattery’s Case. He seems in that case to have thought that, if a man had a right to suppose from his knowledge of the practice at the station that an approaching train would whistle, the jury might come to the conclusion that the absence of whistling had thrown him off his guard, and had produced in him a state of mind in which he might not unreasonably suppose that it was unnecessary for him to look out before crossing to see whether a train was coming. So here, I think, in the case of a man who knew the practice at the crossing, the jury might say that the fact that the signalman remained in his house produced in his mind a sense of security which would prevent its being a want of reason- able care not to look up and down the line to see whether a train was coming. I think the considerations which I have mentioned are sufficient to determine this case, and to entitle the judge at the trial to decline to withdraw the case from the jury.” Iſaving shortly discussed the principles of the law relating to negligence, it becomes necessary to consider further when, and under what circumstances, the person suffering an injury is entitled to claim damages by way of compensation for such injuries from the person whose negligence caused them. Shortly, it may be said that the liability must be founded on some act which is usually termed the “immediate cause ’’ of the injury complained of. In other words, the person charged with an act of negli- gence may set up the defence that the consequences of his act were too remote to entitle the person complaining to establish a right to damages. The maxim which is most commonly used is that “a man is presumed to intend the natural consequences of such care and skill as he was bound to exercise, have avoided the consequence of the defendant’s negligence, he cannot recover’’: see also Tuff v. Warman, 2 C. B. (N.S.) 740; 5 C. B. (N. S.) 573; Radley v. L. & N. W. Rail. Co., i App. Cas. 754; 46 L. J. Exch. 573, - NEGLIGENCE. 99 his own act.” The “immediate’’ or “proximate ’’ cause is that which, as it is necessary to prove, caused the damage complained of, and must be the probable or natural consequence of the act of the person whom it is sought to render liable (y). The ques- tion to a great extent overlaps the wider question of negligence, and most of the cases, dealing with definitions of negligence, deal with the present subject also (z). The following case illustrates this:—A cart and horse were left unattended in a street, and thereupon some children, play- ing near, climbed into the cart, one pulling the bridle, which caused the horse to move on, and in consequence of this one child fell down under the wheel and was hurt; it was held that the owner was liable, because it was for the jury to say whether, upon all the circumstances, the defendant’s conduct was wanting in ordinary care, and whether the harm to the plaintiff was such a result of it as might have been expected (a). A decision, which apparently to some extent conflicts with that given in the case of Sharp v. Powell (referred to at the commencement of this chapter), really lays down that in a case of active wrong- doing (a barrier of spikes placed in a highway) the rule should be a different one ; and that if persons obstruct a road with instruments (or vehicles) dangerous to people lawfully using it, and thereby damage is caused, not proximately, but through the intervention of other circumstances, then the plaintiff is entitled to recover damages (b). Sir Frederick Pollock, in commenting on the decision in this case (c), says: “The Court did not dispute the correctness of the judgments in Sharp v. Powell ‘as applicable to the circumstances of the particular case,’ but their final observations certainly tend to the opinion that in a case of active wrong-doing the rule is different. Such an opinion, it is submitted, is against the general weight of authority, and against the principles underlying the authorities. However, their conclusion may be supported, and may have been to some extent determined, by the special rule imposing the duty of what has been called ‘consummate caution’ . On persons dealing with dangerous instruments.” It seems, however, that there may be another explanation than that of Sir F. Pollock, namely, the tendency of the Courts to construe the law most strictly as against a defendant who uses either dangerous instruments, or instruments or things of any (y) Cf. Scott v. Shepherd, 1 Sm. L. C. ; Sharp v. Powell, L. R. 7 C. P. 259; . P. 95. 41 L. J. C ) Cf. Blyth v. Birmingham Waterworks Co., 11 Exch. 781 ; 25 L. J. Exch. (z 212. (a) Lynch v. Wºrdin, L. R. 1 Q. B. 29; 10 L. J. Q. B. 73: cf. also Coa, v. Burbidge, 13 C. B. (N.S.) 430; 32 L. J. C. P. 89; the latter is a case where a horse kicked the plaintiff, after escaping into a high road. (b) Clark v. Chambers, 3 Q. B. D. 327; 47 L. J. Q. B. 427. (c) The Law of Torts (2nd edit.), p. 44. H 2 100 NEGLIGENCE, kind, which are nuisances at common law, but are suffered to be used upon public highways by statute, subject to certain restric- tions. Thus in Powell v. Fall (d) it was laid down by Justice Mellor (and upheld in the Court of Appeal) that where a rick of hay, belonging to the plaintiff, had been set fire to by sparks from a traction engine, propelled by steam power upon a high- Way, the owner of the engine was liable on the ground that it was a dangerous machine, even though properly constructed, and used without any negligence (e). Where a van attached to a steam plough was left by the side of a highway at night, along which a mare and trap were being driven, and the mare (a kicker, though, there being no knowledge of vice, there was no contributory negligence,) shied, and ran away, and kicked and killed the driver, it was held that the representatives of the de- ceased were, under Lord Campbell's Act (f), entitled to compen- sation, as the unreasonable and dangerous user of the highway were the proximate cause of the injury (g). The next question to be considered is, how damages, when the defendant is liable, are to be assessed. It can hardly be ex- pected that juries will measure the amount as carefully as in cases of breach of contract, but still their duty is only to award such reasonable damages as may naturally be expected to result from the injuries caused. It is almost impossible to lay down general rules as to what are reasonable damages; these must necessarily almost entirely depend upon the circumstances of each particular case (h). Lord Esher, M. R., in the Court of Appeal, has, however, laid down a rule to be applied in cases where a new trial is asked for on the ground that the damages given are excessive (). He says as follows:—“I think that the rule of conduct is as nearly as possible the same as where the Court is asked to set aside a verdict on the ground that it is against the weight of evidence. If the Court, having fully con- sidered the whole of the circumstances of the case, come to this conclusion only :-We think that the damages are far larger than we ourselves should have given, but not so large as that twelve reasonable men could not reasonably have given them;- (d) 5 Q. B. D. 597; 49 L. J. Q. B. 428; cf. also Gas Light and Coke Co. v. Westry of St. Mary Abbotts, Kensington, 15 Q. B. D. 1 ; Brocklehurst v. Manchester, &c. Tramways Co., 17 Q. B. D. 118. (e) See also Fletcher v. Rylands, L. R. 1 Exch. 265; 37 L. J. Exch. 161 ; 3 H. L. 330; Vaughan v. Taff Vale Rail. Co., 5 H. & N. 679; 29 L. J. Exch. 247; Rez v. Pease, 4 B. & Ad. 30. (f) 9 & 10 Vict. c. 93, s. 1. (g) Harris v. Mobbs, 3 Exch. D. 268. See also Brown v. Eastern and Midlands Rail. Co., 22 Q. B. D. 391; 58 L. J. Q. B. 212. In this case it was held that a heap thrown up by the roadside, and likely to cause horses to shy, was a nuisance. (h) See Mayne on Damages. (i) Praed v. Graham, 24 Q. B. D. at p. 55; 59 L. J. Q. B. 230. NEGLIGENCE. 101 then they ought not to interfere with the verdict. If, on the other hand, the Court thinks that, having regard to all the cir- cumstances of the case, the damages are so excessive that no twelve men could reasonably have given them, then they ought to interfere with the verdict.” Under certain circumstances the Court will also interfere on the ground of insufficiency of the damages awarded (k). The Court of Appeal have also at times interfered by reducing the damages, though refusing a new trial (!). It is a very common thing to hear, in cases of personal injury, of claims, in addition to compensation for what may be termed the “objective” injuries received (i.e., broken leg and loss of wages, &c., during incapacity), to be awarded something extra because of a “shock to the system ’’; this can only be dealt with by the evidence of the doctors, and no doubt a jury is entitled to consider such a claim in making their award. The whole ques- tion as to assessing damages for personal injuries—a very fruitful source of litigation in the case of all vehicles upon highways— was discussed in the Privy Council in 1888 in the case of The Victorian Railways Commissioners v. Coultas (m). In that case. the evidence was to the effect that, while crossing a railway in a carriage, the plaintiffs (respondents) were, owing to the negli- gence of the defendant company (appellants), placed in imminent danger of being killed by a passing train, though no actual col- lision or impact took place. The medical evidence showed that the female plaintiff received a severe nervous shock from the fright, and that she afterwards suffered from an illness which was the result of the fright, one witness saying that the shock from which she suffered would be a natural consequence of the danger. At the trial, in the Colony of Victoria, the jury found negligence on the part of the defendants’ servants, and awarded damages. Three points were then reserved for argument before the full Court— (1) Whether the damages awarded by the jury to the plaintiffs, or either of them, are too remote to be re- covered 2 (2) Whether proof of “impact” is necessary in order to entitle plaintiffs to maintain the action ? (3) Whether the female plaintiff can recover damages for physical or mental injuries, or both, occasioned by fright caused by the negligent acts of the defendants 2 The judgment of the Privy Council (n), after setting out the (k) Phillips v. L. & S. W. Railway, 5 Q. B. D. 78; 49 L. J. Q. B. 233. () See Belt v. Lawes, 12 Q. B. D. 356; Gatty v. Farquharson, 9 Times Bep. 593. (m) 13 App. Cas. 222; 57 L. J. P. C. 69. The Notting Hill, 9 P. D. 105, was approved of in this case. g (n) Delivered by Sir Richard Couch, 13 App. Cas, at p. 225. 102 NEGLIGENCE, facts, proceeds—“The rule of English law as to the damages which are recoverable for negligence is stated by the Master of the Rolls in The Notting Hill (o), a case of negligent collision. It is that the damages must be the natural and reasonable result of the defendant’s act; such a consequence as in the ordinary course of things would flow from the act . . . According to the evidence of the female plaintiff, her fright was caused by seeing the train approaching, and thinking they were going to be killed. Damages arising from mere sudden terror, unaccom- panied by any actual physical injury, but occasioning a nervous Or mental shock, cannot under such circumstances be considered a consequence which, in the Ordinary course of things, would flow from the negligence of the gate-keeper. If it were held that they can, it appears to their lordships that it would be extending the liability for negligence much beyond what that liability has hitherto been held to be. Not only in such a case as the present, but in every case where an accident caused by negligence had given a person a serious nervous shock (p), there might be a claim for damages on account of mental injuries. The difficulty which now often exists, in case of alleged physical injuries, of determining whether they were caused by the negli- gent act, would be greatly increased, and a wide field opened for imaginary claims. The counsel for the respondent was unable to produce any decision of the English Courts in which, upon, such facts as were proved in this case, damages were recovered. The decision of the Supreme Court of New York, which he referred to (g) in support of his contention, was a case of a palpable injury caused by a boy, who was frightened by the defendant’s violence, seeking to escape from it, and is like the case of Sneesby v. Lancashire and Yorkshire Rail. Co. (r). It is remarkable that no precedent has been cited of an action similar to the present having been maintained or even instituted, and their lordships decline to establish such a precedent. They are of opinion that the first question, whether the damages are too remote, should have been answered in the affirmative, and on that ground, without saying that “impact” is necessary, that the judgment should have been for the defendants.” At one time, in negligence cases, a rule was laid down by which a person travelling on a vehicle, or vessel, and to whom an injury was caused by the negligence of the person in charge of the vehicle, was deprived of his right of action on the ground that the negligence of the person in charge was the negligence (o) 9 P. D. 105. (p). I.e., “a shock apart from any physical injuries.” Where the phy- sical injuries are accompanied by a nervous shock, a jury may take both into their consideration in assessing damages. (q) 4 Denio, Sup. Ct. N. Y. Rep. 464, Wandenburgh v. Truax. (r) 1 Q. B. D. 42. NEGLIGENCE. 103 of the person injured; in other words, the person injured was considered to have identified himself with the owner of the yehicle and his servants in such a manner as to be a party himself to the act of negligence (s), the relation between them being deemed, by some extraordinary process of reasoning, to be in a manner that of principal and agent. The two cases referred to in which this doctrine was laid down have, however, now been overruled by the case of Mills v. Arm- strong (The Bernina) (t). In that case the representatives of the deceased brought actions against the owners of The Bernina to recover damages for negligence causing their death from injuries incurred during a collision which occurred, and in which both The Bernina and the other vessel were in default. The House of Lords, affirming the judgment of the Court of Appeal, over- ruled both the cases referred to, and finally exploded the doctrine of identification, Lord Herschell declaring such a doctrine to be unreasonable. Lord Esher, M.R., at the commencement of his exhaustive judgment in the Court of Appeal (u), which is ex- pressly approved of by the House of Lords, lays down a number of instances or illustrations of cases in which the person injured has his remedy at law; these are as follows:— (1) If no fault can be attributed to the plaintiff, and there is negligence by the defendant, and also by another independent person, both negligences partly directly causing the accident, the plaintiff can maintain an action for all the damages occasioned to him against either the defendant or the other wrongdoer. (2) If in the same case the negligence is partly that of the defendant personally and partly that of his servants, the plaintiff can maintain an action either against the defendant or his servants. (3) If in the same case the negligence is that of the defen- dant’s servants, though there be no personal negligence by the defendant, the plaintiff can maintain an action either against the defendant or his servants. (4) If in the same case the negligence, though not that of the defendant personally or of a servant of the de- fendant, consists in an act or omission by another, done or omitted to be done in the way in which it is done or omitted to be done by the order or direction or authority of the defendant, the plaintiff can maintain an action either against the defendant or the person personally guilty of the negligence. (s) Thorogood v. Bryan, 8 C. B. 115; 18 L. J. C. P. 336; Armstrong v. Lancashvre and Yorkshire Rawl. Co., 44 L. J. Exch. 89; L. R. 10 Exch. 47. (t), 12 P. D. 58; 13 App. Cas. 1, action under Lord Campbell’s Act, 9 & 10 Vict. c. 93. Also reported 56 L. J. P. 38; 57 L. J. P. 65. (u) 12 P. D. at p. 61. 104. NEGLIGENCE. (5) If, although the plaintiff has himself or by his servants been guilty of negligence, such negligence did not directly partly cause the accident, as if, for example, the plaintiff or his servants having been negligent, the alleged wrongdoers might by reasonable care, have avoided the accident, the plaintiff can maintain an action against the defendant. (6) If the plaintiff has been personally guilty of negligence which has partly directly caused the accident, he cannot maintain an action against anyone. (7) If, although the plaintiff has not been personally guilty of negligence, his servants have been guilty of negli- gence which has partly directly caused the accident, the plaintiff cannot maintain an action against anyone. (8) If, although the defendant or his servants has or have been guilty of negligence, the plaintiff or his servants could by reasonable care have avoided the accident, the plaintiff cannot maintain an action against anyone. In all the propositions thus laid down, the persons named were confined to the plaintiff, the defendant, and their servants, and in one case (4) an agent. The Master of the Rolls proceeds to cite and approve other cases (w) in which it was laid down that a defendant is liable only for the negligence of those who have the relation of servants to him as master, upon the principle “qui facit per alium facit per se.” He then proceeds again (y), “It may be well to observe that in cases of injury by negligence the first point usually dealt with is whether there has been, in fact, any negligence by the defendant personally; secondly, or by his servants; thirdly, whether that negligence, if any, has been either wholly or partly directly a cause of the accident; fourthly, has the plaintiff personally or by his servants been guilty in fact of any negligence; fifthly, has such negligence, if any, either wholly or partly directly been a cause of the acci- dent.” This last case, and more especially the last four of the eight illustrations given by the Master of the Rolls, brings up the subject, to which allusion has been already frequently made in setting out the cases upon negligence, of contributory negli- gence. The cases upon both are to a very large extent mixed up together, and the reader is referred to the cases already cited (z). If the original negligence of the defendant be remote, and the proximate cause is the plaintiff's own negligence, then (a) Quarman v. Burnett, 6 M. & W. 499; Reedie v. L. & W. W. Railway, L. R. 4 Exch. 244. % 12 P. D. p. 63. 2) Wakelin v. L. & S. W. Railway; Dublin, &c. Railway v. Slattery; and other similar cases. NEGLIGENCE. 105 in law the plaintiff is said to be guilty of contributory negligence, and not entitled to recover damages. In practice it will be found that, as a rule, juries make up their minds to find a verdict directly for the plaintiff or defendant respectively; but, if and when possible, it is wise for the defendant’s adviser to ask for separate questions to be addressed to the jury, and upon the findings he can then, possibly, argue that the plaintiff is disentitled by reason of his contributory negligence. In addition to the cases already cited in this chapter, the following may with advantage be referred to. In the well-known “ donkey’’ case (a), it was held to be a proper direction to the jury to say that whatever might be the conduct of the plaintiff in turning the donkey loose on the highway with hobbles on, yet he was entitled to his remedy if the accident might have been avoided by the exercise of ordinary care on the part of the driver of the cart which ran over the donkey. In the case of Tuff v. Warman (5), the Court of Exchequer Chamber stated that the proper question to be left to the jury was, “whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence, or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened. In the first case the plaintiff would be entitled to recover; in the latter not, as, but for his own misconduct, the misfortune would not have happened.” It has been held to be a misdirection to tell a jury that the plaintiffs must satisfy them that the accident complained of happened “by the negligence of the defendant's servants, and without any contributory negligence of their own ; in other words, that it was solely by the negligence of the defendant’s servants” (c). When this direction to the jury was discussed (a new trial being granted) in the House of Lords, Lord Penzance referred to two propositions as being well-established law (d). “The first proposition is a general one, to this effect, that the plaintiff in an action for negligence cannot succeed if it is found by the jury that he himself has been guilty of any negligence or want of ordinary care which contributed to cause the accident. But there is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff (a) Davies v. Mann, 10 M. & W. 546; 12 L. J. Exch. 10. (b) 2 C. B. (N.S.) 740; 5 C. B. (N.S.) 573; 27 L. J. C. P. 322. (c) Radley v. L. & N. W. Rail. Co., L. R. 9 Exch. 71; 10 Exch. 100; 1 App. Ca. 754; 46 L. J. Exch. 573. (d) 1 App. Ca. at p. 759. 106 NEGLIGENCE. may have been guilty of negligence, and although that negli- gence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff’s negligence will not excuse him.” These propositions point to the argument previously suggested that the real test, in cases of contributory negligence, is, whether the negligence of the plaintiff is the proximate cause of the injury (e). A question has before now arisen in actions by passengers against railway companies, alleging negligence, as to whether the action should be framed in contract or in tort (f). There is a debateable ground between contracts and torts, and in some cases a cause of action might be treated as either a breach of contract or as a tort. However, the law upon this point appears to have been settled now by two recent cases in the Court of Appeal; and it is now laid down that where a passenger takes a ticket, thereby creating a contract with a railway company, or other person, who agrees to carry him, such company or person is liable in tort for personal injuries caused by negligence, whether that negligence be active or passive, a misfeasance or a negligent omission (g). In the second of the two cases referred to, Lord Esher, M. R., says a passenger “might allege a contract by the railway Company to carry him with reasonable care and skill, and a breach of that contract ; and, on the other hand, he might allege that he was being carried by the railway company to the knowledge of their servants, who were bound not to injure him by any negligence on their part, and if they were negligent, that was a matter on which an action of tort could be brought. At the present time a plaintiff may frame his pleadings in either way, but he is not bound by his pleadings, and if he puts his claim on one ground and proves it on another, he is not now embarrassed by any rules as to departure. The question to be tried is the same in either case. The plaintiff must rely on and prove negligence, and whether that negligence is active or passive seems to me to be immaterial.” Before dismissing finally the question of negligence, it may be shortly stated that every man is liable for the acts of his servant or agent while acting within the scope and in the course of his e) See ante, p. 104. | f) More especially in connection with sect. 116 of the County Courts Act, 1888; this section deals with the question of costs where the action, being brought in the High Court, might have been brought in the County Court, the amount recovered in contract being under 50l., and in tort under 20/. respectively. (g) Taylor v. M. S. & L. Rail. Co., (1895) 1 Q. B. 134; 64 L. J. Q. B. 6; Iſelly v. Metropolitan Rail. Co., (1895) 1 Q. B. 944; 64 li. J. Q. B. 568. NEGLIGENCE. 107 employment; in other words, “Qui facit per alium facit per se” (h). If the original negligence of a servant is an effective cause of the damage complained of, then there is no rule of law to protect the master from liability for the negligence of his servant where the damage is immediately produced by the negligent or wrongful act of a third person, to whom an opportunity has been given by such servant. The real test in such a case is, whether the Original negligence of the servant is an effective cause of the damage complained of; this is a question of fact only (i). For full details of the law relating to the responsibility of a master for his servant's negligence, the practitioner is referred to the text-books upon the subject. There are, however, in con- nection with this last topic, recent decisions, with regard to the liabilities of owners of hackney cabs and also ordinary loco- motives, which should be referred to. It will be remembered, that in discussing the latter part of sect. 1 of the Light Loco- motives Act, 1896, reference was made to the statutes relating to hackney carriages, and that under certain statutes (especially 6 & 7 Vict. c. 86) the proprietor is made liable, both civilly and penally, for certain defaults of the driver. In the case of hackney carriages or cabs, it has frequently occurred, that when an accident has happened the registered proprietor has attempted to escape liability to make compensation by setting up the defence that the driver was not a servant of his. Thus, as recently as 1881, in King v. Spurr (k), it was held, that there was nothing in the provisions of the Metropolitan Hackney Carriage Acts (1 & 2 Will. 4, c. 22, and 6 & 7 Vict. c. 86) to make the defendant-proprietor liable for the negligence of the driver, who hired the cab from the proprietor for a weekly payment, the driver finding the horse, while the proprietor simply received the weekly payment for the use of the cab. The Court in that case appeared to have considered the position of the proprietor and driver to have been that of bailor and bailee, and not that of master and servant (!). In 1889, however, the question was raised again in the case of King v. London Improved Cab Co., Ltd. (m), which was argued in the Court of Appeal. In this case the facts were as follows:—The plaintiff brought an action to recover damages for personal injuries sustained by him owing to the negligence of a man, alleged to be a servant of the (h) The Bernina, 12 P. D. at p. 63. And see Storey v. Ashton, L. R. 4 Q. B. 476; 38 L. J. Q. B. 223. (i) Englehart v. Farrant & Co., (1897) 1 Q. B. 240. (k) 8 Q. B. D. 104; 51 L. J. Q. B. 105. (l) See Venables v. Smith, 2 Q. B. D. 279; 46 L. J. Q. B. 70; Powles v. IIider, 6 E. & B. 207; 25 L. J. Q. B. 331. (m) 23 Q. B. D. 281 ; 58 L. J. Q. B. 456. Venables v. Smith, supra, was approved. 108 NEGLIGENCE. defendants, while driving a cab belonging to them; and the jury found both these facts in favour of the plaintiff. It was urged by the defendants that the driver was not a servant, the terms on which he drove the cab being that he should pay a certain sum daily for the use of the horse and cab, and that he should retain any surplus earnings, but that the engagement should be a daily one only, without necessity for any notice to terminate it on either side. It was held that, on the construction of the Metropolitan Hackney Carriage Act, 1843 (n), it was a necessary implication from the various sections that the Act was made in favour of the public irrespective of the agreement that might subsist between the proprietor and the driver, and that the public were entitled, whether as between the proprietor and the driver the relationship of master and servant exists or not, to say that the relationship must be deemed to exist. This question was settled finally in the case of Keen v. Henry (o), in which the law is thus stated (p):—“If the driver had been the servant of the defendant, his negligence would, at common law, have given the plaintiff a right of action against the driver's master in the ordinary sense of that word. . . . . . But under the Act he is entitled also to bring an action against the regis- tered proprietor of the cab. . . . . . The proprietors of hackney carriages cannot, by letting their carriages, escape from their liability under the statute.” It was then definitely stated that Iſing v. Spurr (q) had been overruled by the case of King v. The London Improved Cab Co. (r). - A somewhat similar point has been decided also in the case of traction engines, which are subject to the Locomotives Acts, being let out to hire. In the case of Smith and Wife v. Bailey and Another (s), the plaintiff having been injured while driving in a carriage upon the highway, owing to the negligent management of a traction engine upon the highway by the hirer of it, brought an action to recover compensation against the owner of the engine, upon which his name and address were painted or affixed as required by the Locomotives Act, 1865 (t). It was argued on the part of the plaintiffs that the legislation with regard to loco- motives on highways was analogous to that with regard to hackney carriages, and the case of King v. London Improved Cab Co. was relied upon. The Court of Appeal, however, decided that the construction placed upon the Hackney Carriage Acts (n) 6 & 7 Vict. c. 86. & (o) (1894) 1 Q. B. 292; 63 L. J. Q. B. 211. (p) Page 294, supra. (g) 8 Q. B. D. 104. (r) 23 Q. B. D. 281. - (s) (1891) 2 Q. B. 403; 60 L. J. Q. B. 779. See also Stables v. Eley, 1 C. & P - - ) . 614. - (t) 28 & 29 Wict. c. 83, s. 7. NEGLIGENCE. 109 was no authority for the construction of the Locomotives Act, and that there was nothing in the Locomotives Act to show that the Legislature intended that, if a traction engine was let out and negligently used by the hirer, the owner was to be liable to compensate any person injured by the hirer's negligence. There are two further classes of cases which require notice while dealing with the subject of negligence, but which do not need to be exhaustively dealt with in the present work; viz., actions by the representatives of deceased persons, where such persons have met their death owing to the negligence of the defendants; these are dealt with under a statute known as Lord Campbell's Act, 1846 (u). And secondly, actions by workmen against their employers, where the workman is injured in the course of his employment; these latter actions are brought under the provisions of the Employers' Liability Act, 1880 (z). Previously to Lord Campbell's Act it was held, Actio personalis mortur cum persona, and that though a man injured through the negligence of another could maintain an action if he survived, yet in case of his death from the injuries his family had no remedy whatever. By this Act, which is entitled “An Act for compensating the families of persons killed by accidents,” it is recited that, “Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, &c.” The Act then goes on to say that where, if death had not ensued, the party injured would have been entitled to recover damages, then in such case the person who would have been liable but for the death, shall be liable, notwithstanding the fact of the death of the person injured. Sect. 2 enacts that the action shall be for the benefit of the wife, husband, parent, or child of the deceased, and shall be brought by and in the name of the executor or ad- ministrator; and that the jury may give such damages as they may think proportioned to the injury resulting from the death to the parties for whose benefit the action may be brought, and that the amount so recovered shall be divided as the jury shall direct. By sect. 3 only one action shall lie in respect of the same subject-matter of complaint, and every action is to be commenced within twelve months from the death of the injured person. By sect. 4 full particulars are required to be given. Sect. 5 defines the meaning to be attached to the word “person,” which is to include bodies politic and corporate ; “parent,” which is to include father, mother, grandfather and grandmother, stepfather and stepmother; “child,” which is to include son, daughter, grandson, granddaughter, stepson and stepdaughter. In 1864 (w) 9 & 10 Vict. c. 93. See Appendix. (2) 43 & 44 Wict. c. 42. See Appendix. 110 NEGLIGENCE. an amending Act was passed (y) to enable all or any of the persons for whose benefit an action would lie, to sue in their own names when either there is no executor or administrator, or when such executor or administrator has failed to bring any such action within six months from the date of death. The second Section provides that in such actions the defendant may pay money into Court, as compensation, in one sum to all persons entitled, without specifying the shares into which it is to be divided by the jury; if the plaintiff or plaintiffs take an issue thereon, and the jury find such sum as paid in sufficient, then the defendant is entitled to a verdict on that issue. The remedy given by the principal Act is not quite the same as that which would have been secured to the deceased if he had survived. For instance, the personal representatives must prove some actual pecuniary loss to the persons to be benefited (2), and they are not entitled to recover sentimental damages for the pain and suffering of the deceased person, nor by way of compensation for their own grief (a). There must be some reasonable expectation of pecuniary benefit to be derived from the deceased if he had survived, otherwise the representatives have suffered no pecuniary loss which would justify the action (b). However, where evidence was given that a son had at one time contributed to the support of his father, even though the father had had no support from him for some years, it was held that there was evidence of pecuniary injury to the father in an action under Lord Campbell's Act for compensation for the death of the son (c). Funeral expenses have been held to be items which cannot be recovered in such an action (d). Where the relatives have received money under a policy of insurance upon the life of the deceased, this should be taken into account in assessing the damages to be recovered (e). A child en ventre sa mère at the time of the death of the person in respect of which the action is brought, is entitled to maintain such an action (f). The next subject to be dealt with is that dealing with the -relationship of master and servant, and which is now governed by the Employers' Liability Act, 1880 (g). The master was always liable to his servants for the results of his own personal (y) 27 & 28 Vict. c. 95. (2) Duckworth v. Johnson, 4 H. & N. 653; 29 L. J. Exch. 25, and other cases, cited presently, as to pecuniary loss. (a) Blake v. M. Rail. Co., 18 Q. B. 93; 21 L. J. Q. B. 233. (b) Franklin v. S. E. Railway, 3 H. & N. 211. (e) Hetherington v. W. E. Rail. Co., 9.Q. B. D. 160; 51 L. J. Q. B. 495. See also the cases cited in the course of the argument in that case. (d) Dalton v. S. E. Rail. Co., 27 L. J. C. P. 227. (e) Bradburn v. G. W. Rail. Co., L. R.10 Exch. 1; 44 L. J. Exch. 9. (f) The George and Richard, 24 L. T. (N. S.) 717. (g) See Appendix. NEGLIGENCE. 111 negligence, but for the acts of fellow-servants, under the doctrine of “common employment,” apart from the statute, he was not liable; this doctrine appears to have been first judicially recog- nized as long ago as 1837 (h) by Chief Baron Abinger. The effect of the Act, now referred to, is to confer upon a “workman.” a prima facie right to recover damages for injuries sustained, not only when the master has been personally guilty of negligence, but also when he has delegated his duties or powers of superim- tendence to other persons, and when such duties have been so negligently performed that injury has resulted from such negligence to the workman. The damages recoverable are limited by sect. 3 to a sum equivalent to the estimated earnings during the period of three years preceding the injury sustained. Whether any person who may be employed as driver of a light locomotive is, or can be considered, a “workman’ within the meaning of the Act will probably be a question to be decided before long, and turns upon the construction of sect. 8 of the Employers' Liability Act, and of sect. 10 of the Employers and Workmen Act, 1875 (?), in which the word “workman” includes “any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under twenty-one years or not, has entered into, or works under, a contract with an employer, whether such contract be express or implied, oral or in writing, and be a contract of service, or a contract personally to execute any work or labour.” It is only necessary here to say that it has been held from time to time that the words “ or otherwise engaged in manual labour” have been held to mean ejusdem generis with the manual labour exercised by the workmen more particularly defined in the section (k). TJnder this section it has been held that the driver of a tram- car is not engaged in manual labour so as to come within the definition of “workman' within the meaning of the Act (!). It may well be that, whenever the question here alluded to does arise, the Courts will hold that the driver of a light locomotive is an “artificer,” and therefore a workman (m) within the meaning of the Act. One other interesting question, which arises out of the Employers' Liability Act, may with advantage be alluded to here ; that is, whether, and when, a workman voluntarily incurs a risk arising from his employer's non-fulfilment of the duties (h) Priestly v. Fowler, 3 M. & W. 1. (i) 38 & 39 Vict. c. 90. (k) Morgan v. L. G. O. Co., 13 Q. B. D. 832; 53 L. J. Q. B. 352. (l) Cook v. North Metropolitan Tramways Co., 18 Q. B. D. 683; 56 L. J. Q. B. 309. (m) See Ruegg on the Employers' Liability Act, 1880. 112 NEGLIGENCE. imposed on him by law, and thereby loses his right of action; this is commonly spoken of as the doctrine of “Volent; non fit &njuria.” In Thomas v. Quartermaine(n), the following facts were found: (1) that there was a defect in the works by reason of there being no sufficient fence round the vat ; (2) that the defendant was guilty of negligence in not having fenced the vat ; (3) that the accident was caused by such defect; (4) that both the plaintiff and defendant knew of the defect; (5) that the plaintiff was not guilty of contributory negligence. Upon these findings, the majority of the Court of Appeal held that the doctrine applied, and that the plaintiff, having voluntarily incurred the risk of injury, could not recover, and in the course of his judgment, Bowen, L. J., pointed out that the words were, not “scienti,” but “volent; non fit injuria,” and that where the injured person, knowing and appreciating both risk and danger, voluntarily incurs them, there is no right of action. Probably, the above rule is beyond question, and the only difficulty arising with regard to the expressions used is their application to particular facts, which differ as a rule in every case (o). The real question will always turn upon what is the right inference to be drawn from the facts. In the case of Smith v. Baker, which came before the House of Lords in 1891 (p), the doctrine was most fully discussed, and in the particular circum- stances was held not to apply. Lord Halsbury, L. C., said in his judgment (q): “For my own part, I think that a person who relies on the maxim must show a consent to the particular thing done. Of course, I do not mean to deny that a consent to the particular thing done may be inferred from the course of conduct as well as proved by express consent ; but if I were to apply my proposition to the particular facts of this case, I do not believe that the plaintiff ever did or would have consented to the particular act done under the particular circumstances . . . . . . It appears to me that the proposition upon which the defendants must rely must be a far wider one than is involved in the maxim ‘volent; non fit injuria.’ I think they must go to the length of saying that wherever a person knows there is a risk of injury to himself, he debars himself from any right of complaint if an injury happens to him in doing anything which involves that risk. For this purpose, and in order to test this proposition, we (n) 17 Q. B. D. 414; 18 Q. B. D. 685; 56 L. J. Q. B. 341. Plaintiff fell into a cooling vat, and was thereby injured. (o) Yarmouth v. France, 19 Q. B. D. 647; 57 L. J. Q. B. 7. Vicious horse kicking driver, who complained of horse, but was told to continue driving it. (p) (1891) A. C. 325; 60 L. J. Q. B. 683, (g) (1891) A. C. 336. NEGLIGENCE. 113 have nothing to do with the relation of employer and employed. The maxim in its application in the law is not so limited, but where it applies, it applies equally to a stranger as to anyone else; and if applicable to the extent that is now insisted on, no person ought ever to have been awarded damages for being run over in London streets. . . . . . It is, of course, impossible to maintain a proposition so wide as is involved in the example I have just given, and in both Thomas v. Quartermaine and in Yarmouth v. France it has been taken for granted that mere knowledge of the risk does not necessarily involve consent to the risk.” In practice it will be found that in summing up cases to juries, or in deciding cases when sitting alone, the judges endeavour, since the decision in Smith v. Baker, to frame the questions to be answered by the jury, or the findings of facts by themselves, in such a manner as to avoid the possibility of future discussions as to the findings. In other words, the decision desired is one of fact rather than of law, so as to obtain a final result without resorting to a Court of Appeal. It should be observed that under this Act a workman is entitled, by the terms of his contract with his employer, to renounce the benefits of the Act (r). All actions under the Employers' Liability Act must, under sect. 4, in case of death, be commenced within twelve months from the time of death, unless there is in the opinion of the judge some reasonable excuse; or, in case of injury, the action must be commenced within six months from the occurrence of the accident causing the injury. No action is maintainable unless notice that injury has been sustained is given within six weeks from the date of the accident under sects. 4 and 7. All actions under the Act must, under sect. 6, be commenced in a County Court, though it may be removed for trial to the High Court (s), when good reasons can be shown for removal. In case of any proceedings claiming damages for negligence against any public authority, it is necessary to comply with the requirements of the Public Authorities Protection Act, 1893. Public authorities may make tender of amends in such cases, and, if sufficient, then can claim costs as between solicitor and client (t). (r) Griffiths v. Earl of Dudley, 9 Q. B. D. 357; 51 L. J. Q. B. 543. Even if an infant, when for his benefit: Clements v. L. & N. W. Railway, (1894) 2 Q. B. 482; 63 L. J. Q. B. 837. (s) I.e., by certiorari. § See Chapter IV. (end of), and 56 & 57 Vict. c. 61, in the Appendix. ( 114 ) CHAPTER IV. NUISANCE AND EXCESSIVE TRAFFIC. PASSING from the liability of individuals for negligence, their liability for nuisance and obstruction should be next considered. A nuisance may be a public or a private nuisance, and the remedies vary. The remedy for a public nuisance is by indict- ment, or by an individual by information after obtaining the “fiat " of the Attorney-General. In the case of a public nuisance no private individual can maintain an action unless he can show that the nuisance complained of has caused him in particular special and direct damage beyond that sustained by the general public. It will be remembered that by the Locomotives on Highways Act, 1896, certain enactments relating to locomotives are repealed so far as regards light locomotives; but sect. 13 of the Locomotives Act, 1861 (a), is excepted and is not repealed, #and it therefore applies to the use of all light locomotives. That section runs as follows:—“Nothing in this Act contained shall authorize any person to use upon a highway a locomotive engine which shall be so constructed or used as to cause a public or private nuisance; and every such person so using sūch 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.” The result of this section is that locomotives of all kinds, when used upon highways, are subject to the ordinary law as to nuisances, as are all other kinds of vehicles. A nuisance may, as already stated, be public, in which case it only affects the rights of the public as such ; or it may be private, in which case it is only the individual who is affected; or it may partake of the characteristics of both, insomuch as, while being a public nuisance, it also inflicts a special and direct injury upon the individual who complains. In the present work it is not proposed to go further into the uestion of public nuisances than to say, as already has been stated, that the remedy is either by indictment or by information, (a) 24 & 25 Vict. c. 70. NUISANCE, 115 after the “fiat " of the Attorney-General has been obtained, or thirdly, by action at the suit of the Attorney-General. The law and procedure is very fully explained in the text-book, to which the practitioner is referred (b). - It may be useful, however, to give a few illustrations of nuisances which have been held to give an individual a right of action as having suffered a special and direct injury; and it should be here mentioned that cases of “obstruction ” are to be found in text-books and in decided cases, both under the head of negligence and under the head of nuisance. Vehicles of all kinds may be nuisances, and vehicles of all kinds may, when causing such a nuisance, cause damage to an individual, either by reason of the act complained of amounting to a nuisance, or by reason of the act complained of amounting to an obstruction. Under certain general Highway and Police Acts, as already pointed out, the owners of vehicles of all kinds, or, under the Locomotives Acts, owners of locomotives, are liable to penalties upon summary conviction (c). At present the subject to be dealt with is the question of the liability of the owners of vehicles, causing a nuisance or obstruction, to the individual or corporate body complaining, at common law in civil actions. The use of such vehicles as locomotives, which, apart from statutory authority, would be nuisances, is limited; and the limit is, as Lord Justice Lindley says, that which is set by the general law of the country, that they do not commit a nuisance (d). An obstruction may be only temporary in character and yet be a nuisance, owing to the obstruction being an unreasonable user' of a highway in point of time or otherwise. If the act done is one which is incidental to the user of the highway, and is done in a reasonable and prompt manner, as in the case of unloading goods such as coal from carts into cellars, then this will not be a nuisance (e). If, however, the user is excessive, then the act is a nuisanče; the test being whether or not the obstruction of the street or highway is greater than is reasonable in point of time and manner, taking into consideration the interests of all parties, and whether it is without unnecessary inconvenience (f). In the case just referred to, the plaintiff complained that the defendants, by continually emptying vans close to his shop, not only shut out the light to a serious extent, but also obstructed the access to the (b) Garrett on the Law of Nuisances. (c) See ante, sect. 1 (1)(b), note. Or on indictment for nuisance: see R. v. Russell, 6 East, 427; R. v. Cross, 3 Camp. 224; R. v. Chittenden, 15 Cox, C. C. 725 : 49 J. P. 503. (d) Rapier v. London Tramways Co., (1893), 2 Ch. 588; 63 L. J. Ch. 36. See also Jeffrey v. St. Pancras I’estry, 63 L. J. Q. B. 618. A steam roller is a nuisance, and the owners liable for damages though not guilty of negligence. (e) See R. v. Longton Gas Co., 2 El. & El. 651 ; 29. L. J. M. C. 118. (f) Benjamin v. Storr, L. R. 9 C. P. 400; 43 L. J. C. P. 162. I 2 116 NUISANCE. shop, while at the same time offensive smells were caused by the horses continually standing there; it was held that the plaintiff was entitled to maintain his action. The case of Harris V. Mobbs (g) has been already alluded to when dealing with the subject of negligence; it is only necessary to remind the reader that the leaving of the van attached to a steam plough, which frightened the mare driven by the deceased man, and so caused the action, was a negligent user of the highway, which in law amounted to a nuisance. Where the defendants, a water company, in the course of their works negligently permitted water to spout up in the highway, and thereby frightened the plaintiff's horses which were being driven along the highway, and caused them to fall into a cutting, in consequence of which they sustained injuries, it was held that they were liable (h). So also in a similar manner, smoke, steam, or excessive noise, or speed proceeding from a locomotive upon a highway may be such as to amount to a nuisance; and if, so being a nuisance, an injury be occasioned thereby, no doubt an action would lie at the instance of the person suffering the injury. Cases of this nature are on the border line between nuisance and negligence, and partake of some of the character- istics of each ; it is the negligence in using which causes the nuisance, and it is the actual nuisance which causes the injury, and so gives rise to a cause of action at the instance of the person suffering the injury. It is not necessary for the plaintiff to prove, in order to establish a cause of action, that the nuisance complained of was actually upon the highway, so long as he can show that it was so near thereto as to cause an appreciable danger or unreasonable user having regard to the user of the highway by other persons. It should be noticed in this connection that the Board of Trade have recognized that light locomotives may possibly cause danger, by frightening horses or cattle, or in other modes, and have therefore made regulations (?) as to speed, and as to the manner in which light locomotives shall pass horses or cattle, or on request stop and remain stationary. Thus the leaving of any vehicle or object either on, or near, a highway, in such a manner as to frighten horses or cattle is an actionable nuisance (k). And evidence would be admissible to show that other horses had shied at the same object, such as a heap of rubbish near the highway (!). So also it would seem, from the judgment of Stephen, J., in this last case, that any person, erecting on his own land anything whatever calculated (g) L. R. 3 Exch. 268. See also Wilkins v. Day, 12 Q. B. D. 110; 49 L. T. 399; Jeffrey v. St. Pancras Vestry, 63 L. J. Q. B. 618, see ante, p. 100. (h) Hill v. New River Co., 9 B. & S. 303. (i) Ante, p. 13, Article IV. (k) Harris v. Mobbs, ante ; Wilkins v. Day, ante. (!) Brown v. E. & M. Rail. Co., 22 Q. B. D. 391; 58 L. J. Q. B. 212, NUISANCE. 117 to interfere with the convenient user of the road, commits a nuisance; so also, if he keeps a ferocious or noisy dog, likely to frighten horses by barking. In a similar manner the keeping of dangerous materials, such as gunpowder, gas, petroleum, &c., would, in case of injury caused thereby to an individual, appear to be actionable nuisances; but it is almost impossible to lay down any definite rules for the guidance of practitioners, because, in each case as it arises, it must depend upon the particular facts proved whether or no the plaintiff has suffered any particular and substantial damage as apart from the general public. In connection with the question of obstruction, and as in the case referred to immediately the question arose, under the Highways Act, 1835, it should be remembered that under that Act it is made by sect. 78 an offence for the driver of any vehicle to be at such a distance from it while passing on a highway that he cannot have the direction and government of the horses or cattle drawing the same. The object of the section is obviously to protect the public from any danger from neglect by the driver of his control over the vehicle. It is equally obvious that to leave such a vehicle standing by the roadside, while the driver is absent from his charge, not only is a danger to the public from the possibility of the horses and vehicle starting on unattended, but also may cause a serious obstruction. It is therefore a common-sense construction of the section to hold that a driver in such a case would be rightly convicted, inasmuch as the words “whilst it shall be passing upon such highway ” apply equally whether the driver leaves his horses while they are moving, or first stops them and then leaves them (m). So also under sect. 72 of the same Act it has been held, that to sustain a conviction against any person for riding, or driving any carriage or vehicle (e.g., a bicycle) on a footpath, it is un- necessary to prove actual injury, interruption, obstruction, or danger, but that the mere fact of being on such footpath is suffi- cient; the object of the Act is to prevent the possibility of injury, &c., to the highway or the public (n). In a case where the defendants were guilty of a nuisance, which might cause, and in fact did cause, an injury to an individual, by maintaining a low wall with spikes thereon in front of their premises and immediately abutting on the highway, it was held that they were liable to the person so injured (o). The law of nuisance, when caused by obstructions on the highways, has been very fully dis- cussed by North, J., and in his judgment he refers to the history sº (m) Phythian v. Baxendale, (1895) 1 Q. B. 768; 64 L. J. M. C. 174. (n) Brotherton v. Tittensor, 60 J. P. 72. (o) Fenna v. Clare & Co., (1895) 1 Q. B. 199; 64 L. J. Q. B. 238. 118 EXTRAORDINARY TRAFFIC. of the law, and to the decided cases in reference to the assembling of people or carriages in consequence of some act on the part of the person charged with causing the nuisance by obstruction (p). Defore leaving this topic it should be noticed that, although under the Public Health Act, 1875, a local authority may, if in their opinion summary proceedings would afford an inadequate remedy (q), cause “any proceedings” to be taken against any person in any superior Court of law or equity to enforce the abatement or prohibition of any nuisance under the Act, or for the recovery of any penalties from or for the punishment of any persons offending against the provisions of the Act relating to nuisances, yet the proceedings to be so taken must be the ordi- mary proceedings sanctioned by the existing law for the purpose of obtaining the abatement of the nuisance; and it has been decided that, under this section, the local authority cannot take proceedings which no private person can take, and which are unknown to the law. Unless the nuisance complained of is the cause of special damage, and so ground for an action, it is neces- sary in such a case, as in the case of a private person, to obtain a fiat of the Attorney-General for proceedings (r). Among other liabilities to which an owner of vehicles, especially locomotives, may be subject, is that of being compelled in certain instances to contribute to the expenses of the highway authori- ties whenever damage has been done to the highway by reason of the excessive weight of, or extraordinary traffic caused by the use of, such vehicles. Sect. 23 of the Highways and Locomotives Act, 1878, provides that where by a certificate of their surveyor it appears to the authority which is liable or has undertaken to repair any high- way, that, having regard to the average expense of repairing highways in the neighbourhood, extraordinary expenses have been incurred by such authority in repairing such 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 are satisfactorily proved to have been incurred by reason of the damage arising from such excessive weight or extraordinary traffic. There is a proviso that an agreement may be entered into for payment of a composition in respect of such weight Or traffic. As to the weight and construction of locomo- (p) Barber v. Penley, (1893) 2 Ch. 447; 62 L. J. Ch. 623. (q) 38 & 39 Vict. c. 55, s. 107. (r) Tottenham Urban District Council v. Williamson & Sons, (1896) 2 Q. B. 353; 65 L. J. Q. B. 591; Wallasey Local Board v. Gracey, 36 Ch. D. 593; 56 L. J. Ch. 739. EXTRAORDINARY TRAFFIC. 119 tives, see the Locomotives Act, 1861 (s), the Locomotives Act, 1865 (t), and the Highways and Locomotives Amendment Act, 1878 (u). Under sect. 26 of the latter Act the county authority (the County Council under the Local Government Act, 1888, S. 3 (viii.)) (a), has authority to make bye-laws with regard to the use of waggons, carts, or carriages of any kind upon highways. Under sect. 9 of the Locomotives on Highways Act, 1896 (y), the Local Government Board have power to vary the requirements of sect. 28 of the Highways and Locomotives Act, 1878, with regard to the construction and weight of locomotives. It has been decided that the meaning of the words “excessive weight” and “extraordinary traffic” is excessive and extra- Ordinary with reference to the road and its ordinary user, and to the weight allowed under sect. 28 of the Act of 1878 (or any º, weight allowed under the bye-laws of regulations alluded to) (z). • In ascertaining the meaning of “extraordinary expenses” the test is not merely the taking into consideration “the average expenses of repairing highways in the neighbourhood;’ that is an element to be considered, but in addition the state of the weather or of the roads at the time of the user must also be con- sidered (a). In the case just referred to it was further held that the weight and traffic, referred to in sect. 23, mean the weight and traffic, used with reference to the road itself, which are abnormal and beyond the ordinary traffic of the road. Where the traffic is the ordinary and recognised traffic of the district (stone quarrying) and the loads used by the person sought to be charged are the usual ones, this is not “extraordinary traffic ’’ for which he can be charged, even though the road may be worn out rapidly (b). In discussing the above two cases, and others, in the Court of Appeal, Bowen, L. J., says, “The most important question we have to consider is the true meaning to be placed on the words ‘damage caused by extraordinary traffic.” We may begin by observing that the object of the section is not to prohibit extra- ordinary traffic, but to lay the extra expense of damage done by such traffic to the road on the right shoulders, namely, upon those who caused the damage and to whose benefit it enured. The section, in the second place, distinguishes between excessive weight and extraordinary traffic. The damage done by extra- s) 24 & 25 Vict. c. 70, see Appendix. t) 28 & 29 Vict. c. 83, see Appendix. w) 41 & 42 Vict. c. 77, see Appendix. w) 51 & 52 Vict. c. 41. g) 59 & 60 Vict. c. 36. 2) R. v. Ellis, 8 Q. B. D. 466. (a) Lord Aveland v. Lucas, 5 C. P. D. 211; 49 L. J. (b) Wallington v. Hoskins, 6 Q. B. D. 206; 50 L. J. 120 EXTRAORDINARY TRAFFIC. ordinary traffic may, therefore, in the eyes of the legislature, differ from that done by excessive weight. Traffic, thirdly, is a ‘nomen collectivum '-a collective term—a noun of multitude. It does not, like ‘excessive weight,’ apply merely to a cargo carried by a single vehicle; it is large enough to include the continuous or repeated user of the road by various vehicles belonging to one owner. Finally, extraordinary traffic, according to the plain use of language, is traffic which is not of the common order of traffic. And, taking all these considerations together, and especially when we remember that the object of the section is to provide for the expense of such extraordinary traffic as does damage to a highway, we shall arrive at the following result, viz., that ‘ extraordinary traffic,’ as distinct from ‘excessive weight,’ will include all such continuous or repeated user of the road by a person’s vehicles as is out of the common order of traffic, and as may be calculated to damage the highway and increase the expenditure upon its repair” (c). In a later case Lord Esher, M. R., in referring to Hill v. Thomas (d), said that the latter case appeared to distinctly hold that the ordinary traffic on the particular road in question must be looked to, in order to see whether the traffic is extraordinary; and Kay, L. J. (e), said: “That case (Hill v. Thomas) appears to me to decide that, in determining whether there has been extra- ordinary traffic, regard must be had, not to all the roads in the neighbourhood, but to the particular road in question. If that road has been damaged by any person by traffic beyond its Ordinary traffic, that person must pay for the damage.” It will be noticed in the wording of sect. 23 that the expenses incurred owing to the extraordinary traffic or excessive weight may be recovered from “any person by whose order such weight or traffic has been conducted.” Under these words it has been held that a contractor is not liable, where the carting has been done by a sub-contractor (f), but that the actual person using the vehicles which do the mischief in question is liable (g). The question was discussed again in 1894 in the case of The Kent County Council v. Vidler; in that case Lord Esher, M. R., said (h): “The question is whether the respondents (appellants in the Court of Appeal) used the road by way of extraordinary traffic. That there was such traffic cannot be doubted, and it consisted in all the traffic taken by all the traction engines over (c) Hill v. Thomas, (1893) 2 Q. B. at pp. 339, 340; 62 L. J. M. C. 161. §) Etherley Grange Coal Co. v. Auckland District Highway Board, (1894) 1 Q. B. at p. 41. (e) Ibid. at p. 42. (f) Lapthorne v. Harvey, 49 J. P. 709. (g) Barnett v. Hoo Local Board, 46 J. P. 805. (h) (1895) 1...Q. B. at p. 451; 64 L. J. M. C. 77. Traction engines em- ployed in carting ballast for the construction of a railway. EXTRAORDINARY TRAFFIC. 121 the road. It may be that if the case of one of the owners of traction engines is taken, his user of the road would not amount to extraordinary traffic; but it is clear that if the whole of the traffic is taken it amounted to extraordinary traffic. The ques- tion is, who ordered that traffic 2 Firbank had to obtain ballast for the construction of the railway, and he entered into a con- tract with the respondents, who were to supply the ballast from time to time as Firbank might require. The respondents found that carrying the ballast themselves with their own horses and carts would be too expensive, and they therefore resolved that the work should be done by means of traction engines. They might have agreed with some person to have the contract taken off their hands; but this they did not do. What they did was to agree with certain owners of traction engines to employ them at a certain rate. When the respondents received a notice from Eirbank of the amount he wanted, they directed one or other of the owners of traction engines to carry the ballast required, and it is plain it would have to be carried along this road. The respondents gave orders to the different owners of traction engines at different times, and though the carrying out of any one order might not give rise to extraordinary traffic, the carry- ing out of all the orders did constitute such traffic, and made the respondents liable under the Act. Something was said about excessive weight; but I take it that term is applicable to each body of traffic separately while it is on the road, and that the whole weight carried at different times cannot be added together so as to constitute excessive weight.” It appears that proceedings under this section (23) are to be taken within six months from the date of the certificate of the surveyor (i). Whenever it is intended to commence an action against any person or persons acting in pursuance of a statutory or other public duty, it is necessary to see that the requirements of the Public Authorities Protection Act, 1893, are complied with (k). In all such proceedings as come within this Act— (a) The action must be commenced within six months from the date of the act or default complained of. (b) Whenever in such an action the defendant succeeds, he is to recover costs as between solicitor and client. (c) Tender of amends before action may be pleaded in addi- tion to any other plea. If after such tender the action is proceeded with, or if after commencement of an action payment is made into Court, and the plaintiff does not recover more than the sum tendered, or paid in, then the defendant shall be entitled to costs as between i) Poole, &c. Highway Board v. Gunning, 51 L. J. M. C. 49. k) 56 & 57 Vict. c. 61, see Appendix. 122 ExTRAORDINARY TRAFFIC. solicitor and client from the date of such tender or payment into Court. This only applies to an action for damages, and not to a claim for an injunction.’ (d) If, in the opinion of the Court, the plaintiff has not, before commencing proceedings, given the defendant a sufficient opportunity of tendering amends, he may be ordered to pay the defendant’s costs as between solicitor and client. There is a saving clause in respect of proceedings taken by any Government Department against any local authority or officer of any local authority. ( 123 ) CELAPTER W. BAILMENT AND CARRIERS. WITH regard to the responsibility of carriers of goods or pas- sengers, the rules of law differ in the various classes or degrees in which the duty may be undertaken. A man may undertake to carry either voluntarily or for reward; either as a common carrier or as a carrier by special bargain. The general principles are discussed in the elaborate judgment of Lord Holt dealing with the law of bailments in the well- known case of Coggs v. Bernard (a). Dailment consists in the delivery by one person to another, with or without reward, of goods either for use or for safe keeping, or for the purposes of carriage. Bailments are divided into six classes by Lord Holt, the law as to any one of which may incidentally apply to the ordinary use of any one of the vehicles with which the present book deals. The following are the six classes:— (1) Depositum.—This is a bare naked bailment of goods delivered by one man to another to keep for the use of the bailor. In such a case, if the bailee be guilty of gross negligence, he will be chargeable, but he is not chargeable for any ordinary neglect, This rule involves a further rule, that “if a person undertakes to perform a voluntary act, he is liable if he performs it improperly, but not if he neglects to perform it” (b). It appears that even though the bailee keeps goods entrusted to him with the same degree of care as his own goods, he may nevertheless be guilty of gross negligence so as to render him liable to the bailor(e). (2) Commodatum.—This kind of bailment is where the bailor lends goods gratis to the bailee for use, which (a) 2. Raymond, 909; Smith's Leading Cases (10th edit.), vol. 1, p. 167. (b) Skelton v. L. & N. W. Rail. Co., L. R. 2 C. P. 631 ; 36 L. J. C. P. 249. (c) Doorman v. Jenkins, 2 A. & E. 256. 124 BAILMENT. are to be returned in specie. In such a case the bailee is responsible if he is guilty of the least negligence. The goods lent must be used only for the purpose and upon the conditions on which they were lent (d). But if, without any negligence on the part of the bailee, the goods are injured by a stranger, then there is no liability on the part of the bailee (e). (3) Locatio rei.-The meaning of this term is a lending for hire. In this case the bailee is bound to use the utmost care, “such as the most diligent father of a family uses,” and to return the goods when the time for hiring has expired. In a letting for hire of this nature, where a defendant hired a horse and carriage from the plaintiffs, it was held that he was liable for injuries caused by the negli- gent driving of his coachman, though acting in dis- obedience to orders at the time (f). (4) Wadium.—This kind of bailment is a pawn, or the giving something to the pawnee for the purpose of securing a debt due from the pawnor. If a creditor takes a pawn, it is sufficient if he use true (ordinary) diligence, and he will be indemnified in so doing, and, notwithstanding the loss, yet he may resort to the pawnor for his debt. In case of default of payment at the stipulated time the pawnee may sell or he may sue the pawnor, because the pawn is a mere collateral security. If the pawnee sells and there is a deficiency, the pawnor is still liable for the balance due (g); on the other hand, where there is a balance over and above the amount of the debt on loan, then the pawnor is entitled to it. After payment, the pawnee is bound to return the pawn to the pawnor, and it is the same if there be a tender of the amount due (h). For the general law as to pawnbrokers, see the Pawnbrokers Act, 1872 (g). (5) Locatio operis faciendi.-This is defined by Lord Holt to be a delivery to carry, or otherwise manage, for a reward to be paid to the bailee. In this kind of bailment there are two classes—first, a delivery to one that exercises (d) Bringloe v. Morrice, 1 Mod. 210; Wilson v. Brett, 11 M. & W. 115. (c) Claridge v. S. Staffordshire Tramways Co., (1892) 1 Q. B. 422; 61 L. J. Q. B. 503. (f) Coupé Co. v. Maddick, (1891) 2 Q. B. 413; 60 L. J. Q. B. 676. And . see Dean v. Keate, 3 Camp. 4. (g) Jones v. Marshall, 24 Q. B. D. 269; 59 L. J. Q. B. 123; cf. Pawn- brokers Act, 1872 (35 & 36 Vict. c. 93), s. 22. (h) Yungmann v. Brieseman, 67 L. T. 642. BAILMENT. 125 a public employment, such as a common carrier, common hoyman, master of a ship, &c.; secondly, a delivery to a private person, such as bailees, factors, and the like. From bailees in these classes ordinary care only is expected. But cases under this heading (5) will be dealt with more fully when dealing with the liability of common carriers (:). (6) Mandatum.—This bailment arises where one man acts by commission for another gratis. If in executing this commission he acts negligently, he is answerable. In the particular case (Coggs v. Bernard) Lord Holt puts the relationship of the plaintiff and defendant in this class. He says, “The bailee having undertaken to manage the goods, and having managed them ill, and so by his neglect a damage has happened to the bailor, which is the case in question, what will you call this 2 In Bracton, Lib. III. 100, it is called Mandatum.” The liability of the bailee in cases of this class is for gross negligence only, and he is not chargeable for slight neglect only. The liability is, therefore, the same as in the case of Depositum, and it appears diffi- cult to see why these two separate classes of this nature should have been distinguished by Lord Holt. A bailee in this class is bound to use such skill as he possesses, because a reasonable man should use care in proportion to his skill (k). On the other hand, the bailor is bound to disclose defects in any chattel which he lends gratis (such as a vicious horse) (!). At the common law, where goods were delivered to a man upon trust as a bailee, he could not be convicted of larceny if he fraudulently converted them to his own use, However, this is now altered by the Larceny Act, 1861, s. 3, which enacts (m):—“Whosoever, being a bailee of any chattel, money, or valuable security, shall fraudulently take or convert the same to his own use or the use of any person other than the owner thereof, although he shall not break bulk or otherwise determine the bailment, shall be guilty of larceny, and may be convicted thereof upon an indictment for larceny ; but this section shall not extend to any offence punishable on summary con- viction.” Under this section it has been held to be larceny where the (i) Post, p. 128. (k) Wilson v. Brett, 11 M. & W. 113. (l) Blakemore v. Bristol & Exeter Rail. Co., 27 L. J. Q. B. 167; 8 E. & 1035. Similarly in case of carriers: see Farrant v. Barnes, 11 C. B. N. 553; 31 L. J. C. P. 137. (m) 24 & 25 Vict. c. 96, s. 3. B. S. 126 BAILMENT. prisoner, being requested to purchase coals for the prosecutor, and being given the money for the purpose, abstracted from the cart part of the coals so bought, though he duly delivered the remainder (m). The most important of the above six classes, so far as concerns the use of vehicles upon highways with which this work is con- cerned, is the fifth, Locatio operis faciendi, because in this class are included common carriers, as they are termed. It is, there- fore, necessary to deal with this class at greater length, and with more minuteness, than with the other five classes. First, one should consider the law as it applies to bailees to whom goods are entrusted for reward, either to be kept, or to have work done in regard to them. In these cases the bailee is bound not only to duly perform such work as he has contracted to do, but he must also use ordinary care or diligence in the keeping or preservation of the goods delivered to him. Thus, where a ship was delivered to a shipwright to be repaired, and was put into a dry dock, the gates of which were burst open by a high tide, thus causing damage to the ship, it was held that the shipwright was liable, as he ought to have guarded against the danger by taking proper precautions (o). So also where goods are injured by vermin (p). If a livery stable keeper undertakes, for reward, to house a carriage, he is under an obligation to take reasonable care that any building in which it is deposited is in a proper state, so that the thing (carriage) therein deposited may be reasonably safe in it (q). Where wharfingers, for reward, agreed to moor a vessel for the purpose of discharging at their jetty, in a place where she would take ground at low water, it was held that they were liable for injuries done to the vessel through the uneven condition of the bed of the river, where she took ground, as they must be taken to have represented that they had taken reasonable care to ascertain that the state of the bed of the river was fit for the purpose of grounding, and for which they agreed that their jetty should be used(r). The same reasoning applied in a case where a plaintiff went to a restaurant to dine, and gave his overcoat to a waiter to hang up, and upon rising to go away found that the overcoat was gone ; it was held that the proprietor of the restaurant was a bailee, upon the evidence, and that there (n) R. v. Bunkall, 33. L. J. M. C. 75. A similar conviction, where the prisoner appropriated the money given him to purchase coals: R. v. Aden, 12 Cox, C. C. R. 512. o) Leck v. Maestaer, 1 Campb. 137. p) White v. Humphrey, 11 Q. B. 44. q) Per Blackburn, J., Searlev. Laverick, 9 Q. B. D. at p. 126, citing Coggs v. Bernard. gº A. % The Moorcock, 13 P. D. 157; 14 P. D. 64; 58 L. J. P. D. & . 73. BAILMENT, 127 W8,S * on his part owing to a want of reasonable 08.1°0 ( S). #º liability of innkeepers, as bailees, is limited by the Innkeepers' Liability Act, 1863 (t). Previously to the Act, the general rule was that an innkeeper was liable for the loss of goods placed in his charge by a guest, unless such loss was caused by the negligence of the guest (u). The first section of that Act provides that no innkeeper shall be liable to make good to any guest any loss of or injury to goods or property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of thirty pounds, except— (1) Where such goods or property have been stolen, lost, or injured through the wilful act, default, or neglect of the innkeeper, or of his servant; or (2) Where such goods shall have been deposited expressly for safe custody with such innkeeper. If the innkeeper refuses to receive such goods for safe custody, and the guest is unable to make a deposit of them, as required |by the innkeeper, through the default of the innkeeper, then the benefit of the Act is lost. The question of liability under this Act will be found very fully discussed in the case of Medawar v. Grand Hotel Com- pany (a). This case goes to show that the onus is upon the guest to show that the loss was due to wilful neglect so as to bring the case within the exceptions. Where a guest's horse was injured through a kick from another horse in the same stable, it was held to be a proper direction to tell the jury that the innkeeper was only liable if he or his servants were guilty of direct injury or violence (y). Where a guest’s gig was placed outside the inn yard and in the street, upon a fair day, and stolen thence, the innkeeper was held to be responsible (z). And it has also been decided that where a guest went away, leaving his horse at the inn, the innkeeper was liable for injuries done to the horse while being driven by the innkeeper's servant (a). It will be seen from the wording of the Act that it does not apply to the cases of horses or carriages, and that the old common law still applies in such cases (locomotives are carriages, and so are bicycles, apparently). The cases decided since the Act are, however, § Ultzen v. Nicols, (1894) 1 Q. B. 92; 63 L. J. Q. B. 289. (t) 26 & 27 Vict. c. 41. w) See Caley’s case, 1 Smith’s L. C. (10th edit.), p. 115. § (1891) 2 Q. B. 11; 60 L. J. Q. B. 209. And as to the meaning of “guest,” see Strauss v. County Hotel Co., 12 Q. B. D. 27; 53 L. J. Q. B. 25. gy) Dawson v. Chamney, 5 Q. B. 164. 2) Jones v. Tyler, 1 A. & E. 522. a) Bather v. Day, 32 L. J. Ex. 171. 128 - CARRIERS. useful as illustrating the principles of negligence applying in the case of negligence of innkeepers. It should be noticed that innkeepers are, by the Innkeepers Act, 1878 (b), entitled, in addition to their ordinary lien, after the expiration of six weeks to absolutely sell and dispose by public auction of any goods, chattels, carriages, horses, &c., which may have been deposited or left in the house, coachhouse, stables or premises, where the person depositing such goods shall have become indebted to the innkeeper for board or lodging or for the keep or expenses of any horse or other animal; any surplus after such sale and after paying the amount of the bill is to be paid, on demand, to such person. An advertisement of the proposed sale must be issued, in accordance with the pro- visions of the Act, at least one month before the sale. The lien referred to is a general lien for the whole amount of the bill, and not merely in reference to the bill incurred in respect of the goods upon which the lien is claimed (c). Every person who accepts delivery of goods, for carriage for reward, is bound to exercise care in the carrying, and is respon- sible for the negligence of himself and his servants; when, however, there is a specific contract of carriage, then the rights of the parties are governed partly by the terms of the contract and also by such terms as the law may imply. In contracts to carry passengers by land for hire, the law implies a warranty that the vehicle with equipments is road- worthy and reasonably safe for the purpose for which it is used. The owner is not, however, liable for hidden defects (d), but he should exercise ordinary and reasonable care in the examination of the vehicle (e). The law also implies a warranty that the driver will exercise competent skill, and will drive at a reason- able rate of speed, and will follow the rule of the road, and drive in proper and safe places; otherwise, in the case of a collision or other accident, the owner will be liable for injuries caused thereby (f). The general rule, then, in such cases would seem to be that all carriers are bound to exercise the greatest care in the carriage of passengers for hire, and are answerable for all acts of negligence or for all negligent Omissions on the part of themselves or their servants; but they are not answerable for pure accidents which cannot be foreseen, or which are caused by defects which could not be detected by the exercise of care and skill. A common carrier may be defined as being a person who plies (b) 41 & 42 Vict. c. 38. (e) Mulliner v. Florence, 3 Q. B. D. 484. (d) Christie v. Griggs, 2 Camp. 81 ; Readhead v. Mſ. Rail. Co., L. R. 4 Q. B. 372; 38 L. J. Q. B. 169; Hyman v. Nye, 6 Q. B. D. 685. (e) Richardson v. G. E. Rail. Co., L. R. 10 C. P. 486; 1 C. P. D. 342. (f) Aston v. Heaven, 2 Esp. 535; Wayde v. Carr, 2 D. & R. 256. CARRIERS. 129 for hire with carriages or waggons by land, or by boats or vessels by water, from place to place, and who holds himself out to carry either passengers or goods between such places for hire. He is said to be “one who offers to carry goods for any person . between certain termini (g) and on a certain route, and he is bound to carry for all who tender to him goods and price of carriage, and insures these goods against all loss but that arising from the act of God or the public enemy, and has a lien on the goods for the price of the carriage ’’ (h). A carman who undertakes only particular jobs, and who does not ply for hire regularly, is not a common carrier (?), nor is a person who holds himself out to carry passengers only (k). Railway companies are not common carriers of passengers (!), but they are common carriers of such goods as they commonly profess to carry or are bound by statute to carry (m). A London cabdriver or hackney coachman is not a common carrier; but where a traveller hires a cab for the carriage of both himself and his luggage the law implies, from the accept- ance of the luggage by the cabdriver, a warranty to carry safely and securely, so as to render him liable for the loss of any part of it while so hired (n), his liability being that of an ordinary bailee for reward. It has also been decided that wharfingers, describing them- selves as wharfingers, lightermen, and carmen, and holding themselves out to carry goods from their wharf for customers only, although also at times carrying for strangers at agreed prices in instances where the business may be considered good, are certainly not common carriers, even though they might under the circumstances be considered carriers (o). So long as goods are in the custody of a common carrier he is bound to take the utmost care of them, and is responsible for all loss or injury, save by the act of God or the public enemy; but he is not liable for damages due to natural deterioration or in- herent vice, or to ordinary wear and tear, or to natural decay (p), or where the goods, being brittle, are not safely packed (q); nor (g) The termini need not be fixed: Liver Alkali Co. v. Johnson, L. R. 7 Fxch. 267. (h) Quoted by Cockburn, C. J., Nugent v. Smith, 1 C. P. D. at p. 427. See also Pickford v. Grand Junction Railway, 8 M. & W. 372; Garton v. Bristol & Eaceter Rail. Co., 30 L. J. Q. B. 273. i) Brind v. Dale, 2 M. & Rob. 80. % Aston v. Heaven, 2 Esp. 533. (l) Readhead v. Midland Rail. Co., L. R. (m) Johnson v. Midland Rail. Co., L. R. (n) Ross v. Hill, 2 C. B. 877. o) Chattock & Co. v. Bellamy & Co., 64 L. J. Q. B. 250. ) Blower v. G. W. Rail. Co., L. R. 7 C. P. 655. ( 390. And see Baldwin v. L. C. § Q. B. 379. Exch. 367. p q) Hart v. Bawendale, 16 L. T. (N.S.) D. Rail. Co., 9 Q. B. D. 582. B. EC 130 CARRIERS. is he liable for damage to dangerous goods, unless the nature of them is communicated to him (r). When a carrier delivers a particular ticket or notice to the person from whom he receives the goods to be carried, in which the terms on which the goods are to be carried are specified, this has been decided to be a special contract which defines his liability (s). Such a contract will not deprive the carrier of the protection and benefit of the Carriers Act, 1830 (t), unless he is necessarily deprived of it, and the Act excluded, by the terms of the con- tract (w). But the special terms or conditions must be reason- ably brought to the knowledge of the person delivering such goods to the carrier; and it is not sufficient where the terms or conditions are merely printed on the back of the ticket or docu- ment, and of which he has no notice or actual knowledge (a). A condition, however, that the carrier accepts no liability will not exempt him where the liability for the loss of the goods arises wholly from his negligence (y). Where the loss of the goods is occasioned, not by the neglect of the common carrier, but by the neglect or default of a third party, the carrier is liable to the owner, but the carrier has a remedy over against such third party (z). It is primd facie evidence of the loss of goods if the consignee or owner shows either that the goods never reached him or that there was a short delivery. After goods have arrived at the end of their transit, the carrier must keep them for a reasonable time, and during that period he is liable in the same degree as during their transit (a). It should be observed that the ordinary rules as to contributory negligence will apply, and that when the owner is guilty of contributory negligence, which conduces to the loss of his goods, the common carrier will not be liable (b). By way of regulating and meeting the frequent difficulties arising from the construction placed or to be placed on special contracts made between owners and common carriers finally the Carriers Act, 1830 (c), was passed, as the title sets out, for the more effectual protection of mail contractors, stage coach proprietors, and other common carriers for hire, against the loss' () Farrant v. Barnes, 11 C. B. N. S. 553; 31 L. J. C. P. 137. (s) IVyld v. Pickford, 8 M. & W. 443; Walker v. York. & N. Midland Rail. Co., 2 E. & B. 750. (t) See infra. (*) Baazendale v. G. E. Rail. Co., L. R. 4 Q. B. 244. (a) Henderson v. Stephenson, L. R. 2 H. L. (Sc.) 470; Parker v. S. E. Rail. Co., 2 C. P. D. 416. And see also Watkins v. Rymill, 10 Q. B. D. 178. (y) Martin v. Great Indian Penin. Rail. Co., L. R. 3 Exch. 9. (2) Trent Navigation Co. v. Ward, 3 Esp. 130. (a) Shepherd v. B. & E. Rail. Co., L. R. 3 Exch, 189. (b) Butterworth v. Brownlow, 34 L. J. C. P. 267; Batson v. Donovan, 4 B. & Ald. 37; Radley v. L. & N. TV. Rail. Co., 1 App. Cas. 754. (c) 11 Geo. 4 & 1 Will. 4, c. 68, CARRIERS. 131 of or injury to parcels or packages delivered to them for convey- ance or custody, the value and contents of which shall not be declared to them by the owners thereof. By sect. 1 it is provided that such carriers are not to be liable for loss of or injury to any of the articles specified, such as coins, jewellery, bank notes, china, silks, furs, pictures, lace, &c., of which the value exceeds 10l., unless at the time of delivery the value and nature of the goods are declared, and the increased rate of charge accepted. TJnder sect. 2 an increased rate of charge for such goods may be demanded, but a notice of such charges is required to be affixed in a conspicuous place in the receiving office or warehouse where such goods are received. By sect. 3, when a declaration has been made and an increased rate of charge paid, the person re- ceiving the goods must acknowledge this by a receipt, if required, otherwise the common carrier will not be protected by the Act. By sect. 4 it is declared that the publication by carriers of notices shall not affect their liability at common law in respect of any goods not enumerated in the Act, and in respect of which they are not entitled to the benefit of the Act. By sect. 5 any office used by such carriers for the receiving of goods shall be deemed to be a receiving house, and any one or more may be sued with- out joining a co-proprietor or co-partner. Sect. 6 provides that nothing in the Act is to annul or affect any special contract. By sect. 7, where any person is entitled to recover damages, he may also recover the extra rate of charge paid. Sect. 8 is very im- portant, as it provides that the proprietor or carrier shall not be protected by the Act from liability for loss arising from the felonious acts of his servants, nor are such servants protected from personal liability for their own neglect or misconduct. TJnder this section it has been held that the plaintiff must show that the goods were stolen in transitu and primd facie by the servants of the defendant (d), but that he need not fix any par- ticular servant with the felony (e). A special contract excluding liability for loss by theft on the part of the carrier's servant is valid at common law (f). By sect. 8 it is provided that only such damages shall be recovered as shall be proved, not exceed- ing the declared value and increased charges. Under sect. 10 the carrier may pay money into Court as in other actions (g). By an amending Act, passed in the year 1865 (h), it is enacted that the word “lace ’’ is not to include machine-made lace. Many cases have been decided under this Act, which may be found collected in Addison on the Law of Contracts, and Smith’s Leading (d) Metcalfe v. L. & B. Rail. Co., 27 L. J. C. P. 333. (e) Paughton v. L. & W. W. Rail. Co., L. R. 9 Exch, 93. (f) Shaw v. G. W. Rail. Co., (1894) 1 Q. B. 373. (g) See Rules of the Supreme Court, Ord. XXII. (h) 28 & 29 Vict. c. 94. K 2 132 CARRIERS. Cases (); it may, however, be stated here that where there has been no declaration under sect. 1 of the Carriers Act, 1830, the carrier is not liable even in case of gross negligence (k). Where goods have been consigned by a vendor to the vendee, and for that purpose are handed to a common carrier for the purpose of delivery, then, in case of injury to or loss of the goods in transitu, the vendee or consignee is the proper person to sue, so long as the property in the goods has passed to him from the vendor (l), the ordinary inference being that the con- tract of carriage is between the carrier and the consignee, the consignor being the agent of the consignee to make it (m). Where no price has been agreed for the carriage of goods between the parties, the law implies a contract from the delivery of the goods to the carrier; and that implied contract is that the carrier will charge a reasonable price only, as to the reasonable- ness of which the Court or jury are to determine (n). If, where no price has been agreed, the carrier refuses to carry without the payment of an excessive price, then the owner or consignor is entitled to bring an action to recover the excess paid, as money had and received to the use of the consignor. This rule, however, does not in any way affect the right of the parties to make a special bargain (o) under the Act of 1830, by which all special bargains are left unaffected by the Act. (a) 10th edit., vol. 1, sub tit. Coggs v. Bernard. And see Roscoe’s Nisi Prius Evidence, sub tit. Actions against Common Carriers. (k) Hinton v. Dibbin, 2 Q. B. 646. (l) Coats v. Chaplin, 3 Q. B. 483. (m) Cork Distilleries Co. v. Great S. & W. Rail. Co., L. R. 7 H. L. (E. & I. App. Ca.), see judgment of Mellor, J., at p. 277. (n) Harrison v. L. B. & S. C. Railway, 2 B. & S. 122; 31 L. J. Q. B. 113. (o) See sect. 6 of the Carriers Act, 1830. ( 133 ) CEIAPTER WI. ORDINARY LOCOMOTIVES ON HIGHWAYS. THE rules of law applying to ordinary locomotives upon highways are founded upon the rules of common law and upon the statutes (such as the Highway Act, 1835), which apply generally to the use of all vehicles upon highways, and which have been already dealt with in the previous chapters. In addition, there are the special statutes dealing with and restricting use of locomotives, and passed in the years 1861, 1865, and 1878, together with the ninth section of the Locomotives on Highways Act, 1896 (a). The earlier statute deals principally with the question of tolls to be levied upon locomotives, and with the weight to be carried upon each pair of wheels; it also restricts the passage of loco- motives over suspension and other bridges, though in the case of “other bridges” it is requisite that a conspicuous notice should be exhibited by the proper authority to the effect that the bridge is insufficient to carry anything beyond ordinary weights. In case damage is done to any bridge by a locomotive, the owner thereof is to reimburse and make good the damage done. There is also a special proviso that general Highway Acts are to apply to locomotives as well as to other vehicles, and also that nothing contained in the Act shall authorize any person to use upon the highway a locomotive so constructed or used as to cause a public or private nuisance. The principal Act dealing with locomotives is that of 1865, and though by sect. 1 it is only enacted as a temporary Act, it has been from time to time renewed by the Expiring Laws (Continuance) Acts (b). The regulations for working and using locomotives are set out in sect. 3, and are as follows:— (1) At least three people to be employed to drive or conduct any locomotive ; but if more than two waggons are attached thereto, an additional person is to be employed to take charge thereof. (a) Statutes are set out in the Appendix. (b) See also Highway and Locomotives Amendment Act, 1878, sects. 28– 33. The principal Act is 28 & 29 Vict. c. 83. 134 ORDINARY LOCOMOTIVES. (2) This sub-section is repealed by sect. 29 of the Act of 1878, which substitutes the following rule:— One of such persons, while the locomotive is in motion, shall precede it by at least twenty yards, and in case of need shall assist horses and carriages passing. (3) The drivers must give as much space as possible for the passing of other traffic. (4) The whistle must not be sounded for any purpose what- ever; the cylinder taps must not be opened within the sight of any person riding, driving, or in charge of a horse; the steam pressure is not to exceed the limit fixed On the safety-valve, so that no steam shall blow off. (5) A locomotive must be instantly stopped if the person pre- ceding it, or any other person with a horse or carriage drawn by a horse, signals that a stoppage is required. (6) Two efficient lights are to be carried, one on each side on the front of the same, between the hours of one hour after Sunset and one hour before sunrise. The penalty for non-compliance with any of the above rules is a fine not exceeding 101. ; but if the penalty is incurred owing to wilful default on the part of the person in charge, then the owner may recover from such person the penalty imposed. By sect. 4, the speed of locomotives is limited to four miles an hour on the highway, or two miles an hour when passing through a city, town, or village, subject to a penalty not exceeding 10l. ; but this is subject to any regulations made by local authorities under sects. 31 and 35 of the Amendment Act, 1878. By sect. 6, it is provided that the use of steam ploughs within a distance of twenty-five yards from a road (c) shall be lawful, provided that a person is placed in the road in order to signal when the engine must be stopped, and to assist horses and carriages to pass. By sect. 7, the name and residence of every owner are required to be affixed to the locomotive, subject to a penalty not exceed- ing 27. (d). By sect. 11, it is provided that nothing contained in the Act shall affect the provisions of the forty-first section of the Thames Embankment Act, 1862, by which section it is made illegal to use locomotives along the Embankment laid out under the Act (e). # º 12, it is provided that nothing in the Act shall autho- rize the use of a locomotive so constructed or used as to be a (c) Cf. Locomotive Threshing Engines Act, 1894, sect. 2. (d). Cf. sect. 76 of the Highway Act, 1835. The fact of his name being so affixed does not render the owner liable for the negligence of a person hiring the locomotive: Smith and wife v. Bailey, (1891) 2 Q. B. 403; 60 L. J. Q. B. 779. See Chapter III. (e) 25 & 26 Vict. c. 93. ORDINARY LOCOMOTIVES. 135 nuisance, or so as to affect the right of any person to recover damages sustained in consequence of the use of the locomotive. Under this section the owner is liable for all damage done for which an action would lie at common law. An owner is, there- fore, liable for damage done by sparks escaping from a locomo- tive and thereby setting fire to a stack of hay; and this is the case even though the engine is properly constructed and is being used without negligence, the reason being that it is a dangerous machine (f). In 1878, an Amendment Act was passed (g), the larger pro- portion of which deals with highways only, while a number of important Sections affect locomotives. The first of these sections is the twenty-third. This section, however, does not deal with locomotives only, but with all classes of vehicles. It provides for the recovery of the expenses of extra- Ordinary traffic passing along a highway from the person by whose Order such traffic has been conducted. The question of extra- ordinary traffic has already been dealt with (h). Part II. of the Act deals exclusively with locomotives, and must be considered carefully. The mode of construction of all locomotives intended for use upon a highway is provided by sect. 28, and the following rules are there laid down :- (1) A locomotive not drawing a carriage, and not exceeding three tons in weight, shall have the tires thereof not less than three inches in width, with the addition of one inch for every ton or fraction of a ton above the first three tons. (2) When drawing a waggon or carriage the tires of the driving wheels of the locomotive are to have two inches in width to each ton in weight; if the diameter exceeds five feet, then the width may be decreased in proportion as the diameter is increased, but in such case the width shall never be less than fourteen inches. (3) The width and weight of locomotives are restricted to nine feet and fourteen tons respectively, subject to the proviso that the local authorities enumerated may authorize the use of larger locomotives, upon conditions, within the areas under their control. There is a further proviso protecting locomotives constructed previously to the pass- ing of the Act from the provisions of (2), so long as the tires are not less than nine inches in width. (4) The driving wheels must be cylindrical and Smooth Soled, (f) Powell v. Fall, 5 Q. B. D. 597; 49 L. J. Q. B. 428. And see Port Glasgow, &c. Co. v. Caledonian Rail. Co., H. L. (Sc.) W. N. 1893, p. 29. (g) 41 & 42 Vict. c. 77, p. 118. (h) See Chapter IV. 136 ORDINARY LOCOMOTIVES. or in the alternative they may have diagonal cross-bars not less than three inches in width nor more than three- quarters of an inch in thickness; but such cross-bars must extend to the full breadth of the tire and must not be more than three inches apart (). The penalty for any offence against the above provisions is a fine not exceeding 5l. By sect, 30, it is provided that all locomotives, when used on a highway, must consume their own Smoke ; a penalty not exceed- ing 57, may be inflicted on any person using a locomotive which does not consume its own smoke as far as practicable. Under this section the onus is upon the defendant to show that the engine consumes its own Smoke as far as possible (k). The section may be compared with sect. (1) of the Locomotives on EHighways Act, 1896. Under the Smoke Nuisance (Metropolis) Act, 1853 (!), it has been held that the owner of a factory is not (criminally) liable to a penalty for negligently using a furnace so that the Smoke is not effectually consumed, when the furnace is properly constructed, and the emission of Smoke is caused by some carelessness on the part of a stoker (m). The thirty-first section empowers the local authorities enume- rated to make bye-laws as to the hours during which locomotives may be restrained from using highways within their respective areas; such hours must be consecutive, and are not to exceed eight hours out of each day. Such bye-laws may also regulate the use of locomotives upon highways, and prevent their use upon bridges where such use may be attended with danger to the public. Such bye-laws, under sect. 35, are to be confirmed by the Local Government Board, and any alterations therein must be first advertised in one or more local newspapers for a period of one month, and then submitted for confirmation (n). A county authority is authorized, by sect. 32, to make bye- laws for the granting of annual licences to locomotives within their area, and for the payment of a fee not exceeding 10l. in respect of the licence; such fees are to be applied as part of the county rate. The section, however, does not apply to any loco- motive used solely for agricultural purposes. If a locomotive is let out at times for hire it is exempted from the necessity for a licence so long as it is solely let out on hire for agricultural pur- poses, such as threshing, ploughing, or the carrying of materials for use on a farm (o). The exemption is analogous to that of (i) This is subject to variation by order of the Local Government Board under 59 & 60 Vict. c. 36, s. 9. (%) Pitt-Rivers v. Glasse, 55 J. P. 663. (!) 16 & 17 Vict. c. 128, s. 1. (m) Chisholm v. Doulton, 22 Q. B. D. 736. (n) Model bye-laws have been issued to the local authorities by the Local Government Board, but these may be varied. (o) Ellis v. Hulse, 23 Q. B. D. 24; 58 L. J. M. C. 91. ORDINARY LOCOMOTIVES. 137 the exemption from tolls of a waggon carrying manure as being “a carriage employed in conveying manure for land’’ (p). All proceedings for offences and fines under the Locomotive Acts are to be taken under the Summary Jurisdiction Acts, a right of appeal to the Court of Quarter Sessions being reserved by sect. 37 of the Highway and Locomotives Amendment Act, 1878. There are two special Acts dealing with the use of threshing machines which should be referred to. In 1878, an Act for the Prevention of Accidents by Threshing Machines (q) was passed, which enacts that the drum and feeding-mouth of every threshing machine (worked by any motive power other than manual labour) shall be sufficiently fenced so far as is practicable and consistent with the efficient working thereof. Any offence against the Act is punishable by a fine not exceeding 5l., to be inflicted upon the owner permitting its use, the person in charge, or upon any person removing the guard or thing used as a fence. In 1894, the Locomotive Threshing Engines Act (r) was passed, which exempts such threshing machines from the restrictions placed upon the erection of steam engines, &c. (s) within twenty-five yards of any road; where such threshing machine is placed within such distance it is necessary, in order to get the benefit of the exemption, that some person shall be placed upon the road for the purpose of signalling to the threshing machine to stop, or of assisting any person in charge of a horse; it is also necessary for the driver of the threshing machine to stop when such signal is made (t). It has been already pointed out that the requirements as to the construction of the driving-wheels of locomotives are governed by sect. 28 (sub-sect. 4) of the Act of 1878. These requirements may now, under sect. 9 of the Locomotives on Highways Act, 1896, be from time to time varied by order of the Local Govern- ment Board. Up to the present time, however, no such order has been issued. p) Foster v. Tucker, L. R. 5 Q. B. 224, under stat. 5 & 6 Will. 4, c. 18, () 41 & 42 Vict. c. 12. (r) 57 & 58 Vict. c. 37. (s) Under 5 & 6 Will. 4, c. 50, s. 70. (i) Cf. Locomotives Act, 1865 (28 & 29 Vict. c. 83), s. 6. S. APPENDIX. * – PLACKNEY CARRIAGE ACT, 1831. (1 & 2 WILL 4, c. 22.) An Act to amend the laws relating to Hackney Carriages, and to Waggons, Carts, and Drays used in the Metropolis ; and to place the Collection of the Duties on Hackney Car- *iages and on Hawkers and Pedlars in England under the Commissioners of Stamps. [22nd September, 1831.] WHEREAs it is expedient to reduce into one Act, and to alter and amend, the provisions of several Acts now in force, passed in the Parliaments of Great Britain and the United Kingdom respectively, relating to hackney carriages within the cities of London and West- minster and the suburbs thereof, and also the several parishes and places comprised within the weekly bills of mortality; and it is also expedient to place the collection of the duty upon or in respect of such hackney carriages under the care and management of the Commissioners of Stamps: And whereas it is expedient to repeal the laws relating to the registering and numbering of waggons, carts, and drays used in the metropolis, and to make other regula- tions in lieu thereof: Be it therefore enacted, That the several Acts and parts of Acts hereinafter mentioned, or so much and such part and parts thereof as are now in force, shall respectively remain and continue in force until and upon the fifth day of January in the year one thousand eight hundred and thirty-two, and shall from thenceforth respectively cease, determine, and be repealed; (that is to say,) [the Acts are enumerated, but need not be set out here]. 4. And be it enacted, That every carriage with two or more wheels which shall be used for the purpose of standing or plying for hire in any public street or road at any place within the distance of five miles from the General Post Office in the city of London, whatever may be the form or construction of such carriage, or the number of persons which the same shall be calculated to convey, or the number of horses by which the same shall be drawn, shall be deemed and taken to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise, and upon all occasions whatsoever, it shall be sufficient to describe any such carriage as aforesaid by the term “hackney carriage,” without further or otherwise describing the same : Provided always, that Certain Acts declared in force until 5th Jan. 1832, and then re- pealed. Definition of a hackney carriage. 140 APPENDIX, Carriages, horses, har- ness, &c. liable to duties and penalties. Penalties if not paid by drivers to be levied on proprietors; who shall be entitled to recover from the drivers. nothing in this Act contained shall extend to any stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and being duly licensed by the Commis- sioners of Stamps for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches. 18. And be it enacted, that all carriages, horses, and harness, and other articles and things, kept, used, or employed for the pur- pose of being let for hire by any person to whom any such licence as aforesaid shall be granted under the provisions of this Act, shall be subject and liable to and chargeable with all the duties which shall from time to time become due and payable from or by such person for or in respect of any such licence as aforesaid granted to him, and to and with all penalties which may be imposed upon or incurred by such person under this Act, and also to and with the costs and expenses of all proceedings which shall or may be had or taken for the recovery of any such duties and penalties respec- tively; and all such carriages, horses, harness, and other articles and things may be distrained or otherwise seized or taken to satisfy such duties, penalties, costs, and expenses, or any part thereof respectively, in or into whose custody or possession Soever such carriages, horses, harness, and other articles shall or may be or come, and by or under what right or title soever the same shall or may be held or claimed; and in case any person in or into whose custody or possession any such carriages, horses, harness, or other articles shall be or come by or under any means or title whatsoever, shall convert the same to his own use, or shall sell or dispose thereof for the use or benefit of any other person, after notice given by the Commissioners of Stamps, or their solicitor, or by any other officer of stamp duties, that such carriages, horses, harness, or other articles are subject and liable to or chargeable with any of the duties, penalties, costs, and expenses aforesaid, every person so converting or selling or disposing of such carriages, horses, harness, or other articles shall be accountable to his Majesty to the extent of the value of such carriages, horses, harness, or other articles, for the duties, penalties, costs, and expenses to or with which such carriages, horses, harness, or other articles shall be Subject, liable, or chargeable, and the same may be sued for and recovered under and by virtue of this Act as a debt due to his Majesty accordingly. 27. And be it enacted, That all pecuniary penalties and costs incurred by reason of any offence committed by the driver of any hackney carriage against the provisions of this Act shall, unless Such driver shall pay the same, be levied by distress and sale of the goods of the proprietor of such hackney carriage, and for want of sufficient distress such proprietor shall be committed to the common gaol or house of correction. 28. Provided always, and be it enacted, That every such pro- prietor who shall pay any penalty or costs incurred by reason of any such offence as aforesaid committed by such driver shall be entitled to recover the same from such driver in a summary manner; and upon complaint made in the premises before any justice of the peace by the said proprietor against the said driver, such justice shall inquire into the same, and shall cause the sum which shall appear to have been so paid as aforesaid by the said proprietor to be levied by distress and sale of the goods of the said HACKNEY CARRIAGE ACT, 1831. 141 driver; and for want of sufficient distress, such justice shall com- mit the said driver to the common gaol or house of correction, there to remain for any time not exceeding two calendar months, unless the said sum shall be sooner paid; and every such imprisonment shall be with or without hard labour, as such justice shall direct: Provided always, that if the said driver shall have been previously convicted of the offence for which the said penalty or costs shall be S9 as aforesaid paid by the said proprietor, then such proceedings shall be had and taken against the said driver upon such conviction for recovery of the penalty and costs in which he shall have been convicted as might have been had and taken thereon in case the said penalty or costs had not been paid by the said proprietor, and upon recovery thereof the sum so paid by such proprietor shall be repaid to him. 35. And be it enacted, That every hackney carriage which shall be found standing in any street or place, and having thereon any of the numbered plates required by this Act to be fixed on hackney Carriages, shall, unless actually hired, be deemed to be plying for hire, although such hackney carriage shall not be on any standing or place usually appropriated for the purpose of hackney carriages standing or plying for hire; and the driver of every such hackney carriage which shall not be actually hired shall be obliged and compellable to go with any person desirous of hiring such hackney Carriage; and upon the hearing of any complaint against the driver of any such hackney carriage for any such refusal, such driver shall be obliged to adduce evidence of having been and of being actually hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of having been and of being so hired as aforesaid, he shall forfeit forty shillings. 36. Provided always, and be it enacted, That if the driver of any hackney carriage shall in civil and explicit terms declare to any person desirous to hire such hackney carriage that it is actually hired, and shall afterwards, notwithstanding such reply, be sum- moned to answer for his refusal to carry such person in his said hackney carriage, and shall upon the hearing of the complaint produce sufficient evidence to prove that such hackney carriage was at the time actually and bond fide hired, and it shall not appear that he used uncivil language, or that he improperly conducted himself towards the party by whom he shall be so summoned, the justice before whom such complaint shall be heard shall order the person who shall have summoned such driver to make to him such compensation for his loss of time in attending to make his defence to such complaint as such justice shall deem reasonable, and in default of payment thereof to commit such person to prison for any time not exceeding one calendar month, unless the same shall be sooner paid. 37. And be it enacted, That it shall be lawful for the proprietor or driver of any hackney carriage which shall be licensed under the authority of this Act to stand and ply for hire with such carriage and to drive the same on the Lord’s Day, any former Act or Acts to the contrary notwithstanding; and that such proprietor or driver who shall so stand or ply for hire as aforesaid shall be liable and compellable to do the like work on the Lord’s Day as such proprietor or driver is by this Act liable or compellable to do on any other day of the week, Hackney carriages standing in any street to be deemed to be plying for hire, and the driver thereof refusing to go with any person liable to a penalty of 40s. Compensa- tion to be Imade to drivers improperly Summoned for refusing to carry any person. Drivers may ply and shall be compel- lable to drive on Sundays. 142 APPENDIX. Persons re- fusing to pay the driver his fare, or for any damage, may be com- mitted to prison. Agreement to pay more than the legal fare not to be binding. Sum paid beyond the proper fare may be re- covered back. Tenalty 40s. T]river not to charge more than the sum agreed for, although the distance be exceeded. Penalty 40s. Denalty for demanding more than the sum agreed for, though less than the legal fare, 40s. Number of persons to be 41. And be it enacted, That if any person shall refuse or omit to pay the driver of any hackney carriage the sum justly due to him for the hire of such hackney carriage, or if any person shall deface or in any manner injure any such hackney carriage, it shall be lawful for any justice of the peace, upon complaint thereof made to him, to grant a summons, or if it shall appear to him necessary a warrant, for bringing before him or any other justice such defaulter or defender, and, upon proof of the facts made upon oath before any such justice, to award reasonable satisfaction to the party so complaining for his fare or for his damages and costs, and also a reasonable compensation for his loss of time in attending to make and establish such complaint ; and upon the refusal of such defaulter or offender to pay or make such satisfaction, it shall be lawful for such justice to commit him to prison, there to remain for any time not exceeding one calendar month, unless the amount of such satisfaction shall be sooner paid; and it shall also be lawful for such justice, if he shall think fit, to order such defaulter or offender to be kept to hard labour during such imprisonment. 43. And be it enacted, That no agreement whatever made with the driver of any hackney carriage for the payment of more than his proper fare, as the same is allowed and limited by this Act, shall be binding on the person making the same, but that any such person may, notwithstanding any such agreement, refuse, on dis- charging such hackney carriage, the payment of any sum beyond the proper fare as allowed and limited as aforesaid; and in case any person shall actually pay to the driver of any hackney carriage, whether in pursuance of any such agreement or not, any sum exceeding his said proper fare, which shall have been demanded or required by such driver, the person paying the same shall be en- titled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall forfeit, as a penalty for such exac- tion, the sum of forty shillings; and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any time not exceeding one calendar month, unless the said excess of fare and the said penalty shall be sooner aid. 44. And be it enacted, That it shall be lawful for any person to require the driver of any hackney carriage to drive such hackney carriage, for a stated sum of money, a distance in the discretion of such driver, and in case such driver shall exceed the distance to which such person was entitled to be driven for such stated sum of money, such driver shall not exact or demand more than the sum for which he was so engaged to drive, upon pain to forfeit forty shillings for such offence. 45. And be it enacted, That if the proprietor or driver of any hackney carriage, or if any other person on his behalf and with his knowledge and consent, shall agree beforehand with any person hiring such hackney carriage to take for any job any sum less than the proper rate of fare allowed by this Act, such proprietor or driver shall not exact or demand for his fare more than the sum agreed for, upon pain to forfeit forty shillings for such offence. 46. And, in order to prevent disputes as to the number of persons which the hirer of any hackney carriage shall be entitled to require HACKNEY CARRIAGE ACT, 1831. 143 the driver of such hackney carriage to convey thereby, be it enacted, carried in a That no hackney carriage shall be used or employed or let to hire, hackney car- or shall stand or ply for hire, unless nor until there shall be painted riage to be on a plate placed on some conspicuous place on the outside of such painted hackney carriage, in legible and conspicuous letters of black or * white (whichever shall most differ from the colour of the ground whereon the same shall be painted), one inch in length, and of a proper and proportionate breadth, the number of persons to be carried by such hackney carriage, in words at length, and in the form following, (that is to say,) “To carry persons”; and the driver of every such hackney carriage shall accordingly be com- pellable, if required by the hirer thereof, to carry in or by such hackney carriage the number of persons so painted thereon, or any less number, at the option of the hirer; and if any person shall use, Penalty for employ, or let to hire any hackney carriage, or shall stand or ply neglect, or for hire therewith, upon which the number of persons to be carried for refusal thereby shall not be painted on such plate in such legible and con- to carry the spicuous letters and in the manner aforesaid, or if the driver of number, 408. any such hackney carriage shall refuse, if required by the hirer thereof, to carry in or by such hackney carriage the number of persons painted thereon, or any less number which he may be required by such hirer to carry thereby, every such person so offending shall forfeit forty shillings. 47. And be it enacted, That where any hackney carriage shall be Deposit to hired and taken to any place of public resort, or elsewhere, and the be made for driver thereof shall be required there to wait with such hackney carriages carriage, it shall be lawful for such driver to demand and receive Waiting. from the person. So hiring and requiring him to wait as aforesaid a reasonable sum as a deposit, over and above the fare to which such driver shall be entitled for driving thither, which sum so demanded and received shall be accounted for by such driver when such hackney carriage shall be finally discharged; and if any such driver Penalty on who shall have received any such deposit as aforesaid shall refuse the driver to wait with such hackney carriage at the place where he shall be refusing to so required to wait, or if such driver shall go away or shall permit Wait, or to such hackney carriage to be driven or taken away, without the *nt fºr consent of the person making such deposit, before the expiration of ; deposit, the time for which the sum so deposited shall be a sufficient com- * pensation . . . . . or if such driver on the final discharge of such hackney carriage shall refuse duly to account for such deposit, every such driver so offending shall forfeit forty shillings. 48. And be it enacted, That the proprietor of every hackney Proprietors to carriage shall provide and place in such hackney carriage a proper provide check check string or wire, and shall renew the same from time to time strings; so often as occasion shall require; and the driver of every such drivers tº hºld hackney carriage shall, during the time of his driving any person i. in their in such hackney carriage, hold such check string or wire in his ands. hand, so that the same Imay be used for the accommodation of such person; and if the proprietor of any such hackney carriage shall neglect to provide and place in such hackney carriage such check string or wire as aforesaid, or shall neglect to renew the same when and so often as shall be requisite, or if the driver of any such hackney carriage shall neglect or refuse to hold such check string or wire in his hand during the time aforesaid, every such proprietor 144 APPENDIX. Penalty 20s. Benalty for permitting persons to ride without consent of the hirer, 20s. Improperly standing with carriage, or feeding horses in the street; refusing to give way to, or obstructing any other driver; or depriving him of his fare; Penalty 20s. Penalty for leaving carriages unattended at places of public resort, 20s. [References to ‘‘ watermen. ” ??? this and subsequent Acts are omitted ; the words are Yepealed by warious Statute Law Revision Acts.] Broprietors or drivers misbehaving. º such driver so offending respectively shall forfeit twenty Snllllings. 50. And be it enacted, That if the proprietor or driver of any hackney carriage which shall be hired shall permit or suffer any person to ride or be carried in, upon, or about such hackney carriage, without the express consent of the person hiring the same, such pro- prietor or driver shall forfeit twenty shillings. 51. And be it enacted, That if any proprietor or driver of any hackney carriage shall stand or ply for hire with such hackney carriage, or suffer the same to stand, across any street or common passage or alley, or alongside of any other hackney carriage, or two in a breadth, or within eight feet of the curbstone of the pavement in any such street or common passage or alley; or if any such pro- prietor or driver, . . . . or other person, shall feed the horses of or belonging to any hackney carriage in any street, road, or com- mon passage, save only with corn out of a bag, or with hay which he shall hold or deliver with his hands; or if the driver of any hackney carriage shall refuse to give way if he conveniently can to any private coach or other carriage, or shall obstruct or hinder the driver of any other hackney carriage in taking up or setting down any person into or from such other hackney carriage; or if any such proprietor or driver shall wrongfully, in a forcible or clan- destine manner, take away the fare from any other such proprietor or driver, who, in the judgment of any justice of the peace before whom any complaint of such offence shall be heard, shall appear to be fairly entitled to such fare; every such proprietor, driver, . . . or other person so offending shall forfeit twenty shillings. - 55. And be it enacted, That if the driver of any hackney carriage shall leave such hackney carriage unattended in any street or road, or at any place of public resort or entertainment, whether such carriage shall be hired or not, it shall be lawful for any officer of police, constable, or other peace officer, watchman, or patrole, to drive away such hackney carriage, and to deposit the same, with the horse or horses belonging or harnessed thereto, at Some neigh- bouring livery stables or other place of safe custody; and such driver shall forfeit twenty shillings for such offence; and in default of payment of the said penalty upon conviction, and of the expenses of taking and keeping the said hackney carriage and horse or horses, the same, together with the harness belonging thereto, or any of them, shall be sold by order of the justice before whom such conviction shall be made, and after deducting from the produce of such sale the amount of the said penalty and of all costs and expenses as well of the proceedings before such justice as of the taking, keeping, and sale of the said hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the said produce shall be paid to the proprietor of such hackney carriage. 56. And be it enacted, that if the proprietor or driver of any hackney carriage, or any other person having the care thereof, shall by intoxication, or by wanton and furious driving, or by any other wilful misconduct, injure or endanger any person in his life, limbs, or property, or if any such proprietor or driver © º º shall make use of any abusive or insulting language, or be guilty of other rude behaviour, to or towards any person whatever, or shall assault or obstruct any officer of stamp duties, or any officer of police, constable, or other peace officer, watchman, or patrole, in HACKNEY CARRIAGE ACT, 1831. 145 the execution of his duty, every such proprietor, driver, . . . . . or other person so offending in any of the several cases aforesaid, shall forfeit five pounds, and in default of payment thereof he shall be committed to the common gaol or house of correction . . . . ; and after the conviction of any such proprietor . . . for any such offence as aforesaid, it shall be lawful for the Com- missioners of Stamps, if they shall think fit, to revoke the licence of any such proprietor . . . . or assistant, and to refuse to grant him any further licence in future. 57. And be it enacted, That if any driver of a hackney carriage ... shall be summoned or brought before any justice of the peace to answer any complaint or information touching or con- cerning any offence committed or alleged to have been committed by such driver against the provisions of this Act, and such complaint or information shall afterwards be withdrawn or quashed or dismissed, or if the defendant shall be acquitted of the offence charged against him, it shall be lawful for the said justice, if he shall think fit, to order and award that the com- plainant or informant shall pay to the said driver . . . . Suc compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice shall seem reasonable; and in default of payment of such compensation, it shall be lawful for the said justice to commit such complainant or informant to prison for any time not exceeding one calendar month, unless the same shall be sooner paid. 59. And for preventing the misbehaviour of the drivers of waggons, wains, carts, cars, drays, and other such carriages used in the metropolis and the suburbs thereof, and for the better dis- covery of offenders, be it enacted, That the owner of every waggon, wain, cart, car, dray, or other such carriage which shall be driven or used in any public street or road within the distance of five miles from the General Post Office, in the city of London, shall before such waggon, wain, cart, car, dray, or other such carriage shall be so driven or used as aforesaid, paint or cause to be painted in words at full length, and in one or more straight line or lines, upon some conspicuous place on the right or off side of such waggon, wain, cart, car, dray, or other such carriage, clear of the wheel or wheels thereof, or upon the right or off side shaft thereof, the true christian name and surname and place of abode of the owner or (if there be more than one) of the principal owner of such waggon, wain, cart, car, dray, or other such carriage, and the letters of all such words shall be painted in legible and conspicuous characters of black upon a white ground or of white upon a black ground, and shall be at least one inch in height, and of a proper and propor- tionate breadth; and all such words shall be repainted or renewed in like manner from time to time as often as the same or any part thereof shall become obliterated or defaced. 60. And be it enacted, That if any person shall drive or use, or cause to be driven or used, in or upon any public street or road within the distance of five miles from the said General Post Office, any waggon, wain, cart, car, dray, or other such carriage upon which there shall not be duly painted in such legible and con- spicuous characters as aforesaid, and in the manner directed by this Act, the true christian name and surname and place of abode of the owner or (if there be more than one) of the principal owner Penalty 5l. . Licence may B. L be revoked. Justices em- powered to award com- pensation to drivers for their loss of time in at- tending to 3,E\S WeI* COOOl- plaints which shall not be substantiated against them. Names and places of abode of owners of Waggons, carts, &c. to be painted thereon. Penalty for using wag- gons, &c. upon which the names and places of abode are not painted, 57. 146 APPENDIX. IBefore whom offences shall be heard and determined. IMode of proceeding for penalties before a justice of the peace. of such waggon, wain, cart, car, dray, or other such carriage, every person so offending shall forfeit five pounds; and it shall be lawful for any person to take and seize such waggon, wain, cart, car, dray, or other such carriage, and any horse drawing the same, and to lodge the same for safe custody at some public green yard, or some livery stables or other place of safety, and them to detain and keep until some one of his Majesty’s justices of the peace shall hear and determine such offence, and until the penalty which such offender shall be liable and adjudged to pay for such offence, together with the costs of the proceedings for the recovery thereof, and the expences of taking and keeping such waggon, wain, cart, car, dray, or other carriage, and any horse drawing the same, shall be fully paid and discharged; and if, on the conviction of any such offender, the said penalty, costs, and expences shall not be forth- with paid, such waggon, wain, cart, car, dray, or other such car- riage, and the horse, so seized and taken as aforesaid, or either of them, shall be sold under an order for that purpose, under the hand of such justice, directed to the constable or other peace officer of the parish or place where any such offence shall be committed; and the surplus (if any) of the money arising from such sale, after deducting thereout the amount of such penalty, costs, and expences as aforesaid, together also with the costs and expences of such sale, shall be rendered to the owner of the waggon, wain, cart, car, dray, or other carriage or horse which shall have been so seized and sold as aforesaid. - 62. And be it enacted, That it shall be lawful for his Majesty’s principal Secretary of State for the Home Department, by such orders and under such regulations as he shall from time to time think fit to make in that behalf, to direct any one of his Majesty’s justices of the peace appointed or to be appointed under any Act or Acts for regulating the office of a justice of peace in the metropolis, to attend daily from the hour of eleven in the forenoon until the hour of three in the afternoon, at such one of the public police offices of the metropolis, or at such other office or place as the said principal Secretary of State shall appoint in that behalf, not being within the city of London, for the purpose of hearing and deter- mining offences against the provisions of this Act; and that it shall be lawful for any justice of the peace who for the time being shall be in attendance at such public police office, or other office or place to be appointed for that purpose as aforesaid, to hear and determine all such offences as aforesaid in a summary manner, wheresoever the same may have been committed: Provided always, that it shall also be lawful for any other of his Majesty’s justices of the peace, having jurisdiction where any such offence as aforesaid shall be committed, in like manner to hear and determine the same at any place within his jurisdiction. 63. And be it enacted, That it shall be lawful for any such justice as aforesaid, in all cases in which no other mode of proceed- ing is specially provided or directed by this Act, upon information or complaint made by any person of any offence against the pro- visions of this Act within thirty days next after the commission of any such offence, to summon the party accused, and also the wit– nesses on either side, to appear before the said justice, or before any other justice of the peace, at a time and place to be appointed for that purpose; and either on the appearance of the party accused, HACKNEY CARRIAGE ACT, 1831. 147 or in default thereof, it shall be lawful for such justice, or any other justice present at the time and place appointed for such appearance, to proceed to examine into the matter of fact, and upon due proof made thereof, by voluntary confession of the party, or by oath of one or more credible witness or witnesses, to give judgment for the penalty or forfeiture, and on non-payment thereof, together with the costs of such proceedings, to commit the offender to prison, where such commitment is specially directed by this Act; and in any case where such commitment is not so specially directed, such justice is hereby required to award and issue out of his warrant for the levying of any penalty or forfeiture so adjudged, together with the said costs and expences, and also the costs and expences of such warrant, and of levying the same on the goods of the offender, and to cause sale to be made of such goods in case they shall not be redeemed within five days, rendering to the party the overplus (if any); and where goods of such offender cannot be found sufficient to answer the penalty, and all such costs and expences, to commit such offender to prison, there to remain for any time not exceeding two calendar months, unless such penalty and all such costs and expences shall be sooner paid; and every such imprisonment shall be with or without hard labour, as such justice shall direct. - 68. And be it enacted, That any summons issued by any justice of the peace requiring the appearance of any defendant or of any witness or other person, with reference to any information, com- plaint, or other proceeding pending for the recovery of any duty or penalty under this Act, shall be deemed to be well and sufficiently served in case either the summons or a copy thereof be served personally on any such person as aforesaid, or be left at his usual or last place of abode, or (in case such person be a licensed pro- prietor of a hackney carriage . . . . ) at the place specified in any such licence as the place of abode of such proprietor, . . . . as the case may be ; and if the place so specified cannot be found, or if such proprietor . . . . shall not be known thereat, then such sum- mons shall be deemed to be well and sufficiently served if the same or a copy thereof be fixed up in some conspicuous place in the said head office for stamps to be appointed for that purpose. 70. And be it enacted, That it shall be lawful for any justice of the peace before whom any person shall be convicted of any offence against any of the provisions of this Act to mitigate, as he shall think fit, any penalty by this Act imposed, in cases where such justice shall see cause so to do. 71. And be it enacted, That all pecuniary penalties which shall be recovered before any justice of the peace under the provisions of this Act, except such as shall be recovered in the city of London or the borough of Southwark, shall respectively be divided and dis- tributed in manner following; (that is to say,) one moiety thereof to his Majesty, and the other moiety thereof (with full costs) to the person who shall inform and prosecute for the same. 74. And in order to avoid the frequent use of divers terms and expressions, and to prevent any misconstruction of the terms and expressions used in this Act; be it enacted, That whenever in this Act with reference to any person, animal, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood Service of justice’s SUILºſºlor] S. Justices may mitigate penalties. Distribution of penalties. Construction of the terms used in this Act. L 2 148 APPENDIX. Stage car- riages not to be used with- out having painted thereon the particulars hereby required. Carriages with particu- lars painted thereon to be deemed stage carriages. Particulars to be painted on stage carriages. to include several persons or animals as well as one person or animal, females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing, unless it be otherwise specially provided, or there be some- thing in the subject or context repugnant to such construction. STAGE CARRIAGES ACT, 1832. (2 & 3 WILL. 4, c. 120.) An Act to repeal the Duties under the management of the Com- missioners of Stamps on Stage Carriages and on Horses let for hire in Great Britain, and to grant other Duties in lieu thereof; and also to consolidate and amend the Laws relating thereto. [16th August, 1832.] WHEREAS it is expedient to repeal the duties under the manage- ment of the Commissioners of Stamps in respect of stage carriages and of horses let for hire in Great Britain, and to grant other duties in lieu thereof, and also to consolidate and amend the laws now in force relating to such stage carriages and horses as aforesaid respectively; be it therefore enacted. [Certain Acts, as set out, are repealed, but need not be set out here.] 6. And be it enacted, That it shall not be lawful for any person to keep, use, or employ any stage carriage . . . . unless the several particulars by this Act directed to be painted on every such carriage shall be painted thereon; any thing in any other Act contained to the contrary thereof notwithstanding. 7. And be it enacted, That in any action, information, or other proceeding for the recovery of any duty or penalty incurred under this Act in respect of or with relation to any stage carriage, if evi- dence shall be given that the carriage in respect of which or in any manner relating to which any such action, information, or pro- ceeding shall be commenced or prosecuted was seen travelling or going upon any highway or other road . . . . having painted upon such carriage any of the particulars required by this Act to be painted upon stage carriages, such carriage shall be deemed and taken to be a stage carriage; and such evidence as aforesaid shall be received as sufficient proof that such carriage was kept, used, and employed for the purpose of conveying passengers for hire as a stage carriage within the meaning of this Act, unless the contrary be proved; and that in all such actions, informations, and pro- ceedings as aforesaid . . . . the person whose name (if any) shall be painted on any such carriage, shall for the purposes of this Act (unless the contrary be proved) be deemed to be the person to whom such carriage doth belong. 36. And be it enacted, That no stage carriage shall be used or employed unless nor until there shall be truly painted in words at length, and in legible and conspicuous letters one inch at the least in height, and of a proper and proportionate breadth, and in a STAGE CARRIAGES ACT, 1832. 149 colour different from and opposite to the colour of the ground on which such letters shall be painted, and upon some conspicuous part of each side of such carriage, and clear of the wheel or wheels thereof, so that the same shall be at all times plainly and distinctly visible and legible, the christian name and surname of the pro- prietor or of one of the proprietors of such carriage, . . . . and if any person shall use or employ any stage carriage upon which all Such particulars as aforesaid shall not be truly painted in such legible and conspicuous letters and in manner aforesaid, or in case such particulars or any of them shall be partially obliterated or defaced from or upon any such carriage, then if any such person shall neglect to paint or cause to be painted again, in manner aforesaid, every particular so obliterated or defaced, such person so offending in any of the cases aforesaid shall forfeit five pounds. 37. And be it enacted, That no outside passenger nor any luggage shall be carried on the top or roof of any stage carriage the top or roof of which from the ground shall be more than eight feet nine inches, or the bearing of which on the ground shall be less than four feet six inches from the centre of the track of the right or off wheel to the centre of the track of the left or near wheel; and if any outside passenger or luggage shall be carried on any such carriage in any manner contrary to the directions aforesaid, the driver of such carriage at the time when such offence shall be com- mitted shall forfeit five pounds. 43. And be it enacted, That no luggage which shall be carried on the top or roof of any stage carriage drawn by four or more horses shall in any case exceed ten feet and nine inches in height from the ground, nor shall any luggage which shall be carried on the top or roof of any stage carriage drawn by two or three horses Only in any case exceed ten feet and three inches in height from the ground, measuring to the highest point of any part of such luggage when placed upon the top or roof of any such carriages respec- tively; and if any such luggage shall in either of the cases afore- said exceed the height by this Act in that behalf limited, the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds. 45. And be it enacted, That the proprietor of any stage carriage and the driver thereof shall, when thereunto respectively required by any justice of the peace, or by any constable, or any surveyor of any highway or turnpike road, or by any toll-gate keeper, or any officer of stamp duties, or by any passenger travelling with such carriage, permit and allow such carriage and the luggage thereon to be measured, and the number of passengers in, upon, or about such carriage to be counted; and it shall be lawful for any passenger to require the driver of any stage carriage to stop the Same at any toll-gate, and to require the toll-gate keeper at such gate to count the number of passengers upon the box, and in, upon, or about such carriage, and to measure and ascertain the height of the luggage thereupon, and to sign a memorandum in writing of the number of such passengers in the inside and on or about the outside of such carriage (distinguishing the number on the box) and of the height of such luggage, and to deliver such memorandum to the person so requiring the number of passengers to be counted or the height of the luggage to be measured; and the toll-gate keeper at every such gate shall provide and keep at such gate Penalty for neglecting to paint such particulars, 5!. Certain stage carriages shall not take outside pas- sengers or luggage. Penalty 57. Luggage on the top of any stage carriage shall not exceed the height herein specified. Penalty 57. Justices, road surveyors, toll collectors, &c. authorized to cause stage carriages and luggage to be Imeasured, and the pas- sengers to be counted. 150 APPENDIX. Benalty on the proprietor or driver for refusal, 5l. Penalty on toll-gate keeper neg- lecting to provide a measure, or refusing to count pas- Sengers, or to measure lºssage. &c., Penalty on driver quit- ting the box before a pro- per person shall stand at the horses heads; or permitting any person to drive, or quitting the box ; on guard dis- charging fire 3.TIOlS UIIl- necessarily; on neglecting to take care of luggage, or asking more than the proper fare; a proper measure for measuring the height of any stage carriage and of the luggage thereupon ; and if any proprietor of any stage carriage or the driver thereof shall, when thereto respectively required as aforesaid, refuse to permit and allow such carriage and the luggage thereupon to be measured, or the number of inside or outside passengers to be counted, or if such driver shall, on being so required as aforesaid, refuse or neglect to stop such car- riage at any toll-gate for the purpose aforesaid, such proprietor or Such driver so refusing or neglecting as aforesaid shall forfeit five pounds; and if any toll-gate keeper shall neglect to provide and keep at any such gate a proper measure for the purposes aforesaid, or shall, on being thereunto requested as aforesaid, refuse to count the number of such passengers, or to measure and ascertain the height of such luggage, or to sign a memorandum in writing of the number of such passengers or of the height of such luggage in manner hereinbefore directed, or to deliver such memorandum so signed to the person entitled to require the same, or shall sign or give any memorandum in which any of the particulars aforesaid shall not be truly set forth, every such toll-gate keeper so offending shall forfeit five pounds: Provided always, that it shall not be lawful for any one passenger to require the driver of any stage carriage to stop the same for any such purpose as aforesaid more than once during any one journey, unless after the counting of such passengers or the measuring of such luggage any additional pas- senger or passengers shall be taken up, into, or upon such stage carriage, or additional luggage shall be placed on the top or roof thereof during the same journey, 47. And be it enacted, That if the driver of any stage carriage drawn by three or more horses shall at any place where such car- riage shall stop quit the box of such carriage, or the horses drawing the same, without delivering the reins into the hands of some fit and proper person, or before some fit and proper person shall be placed and shall stand at the heads of the horses or some of them belonging thereto, and shall have the command thereof; or if any person. So placed and standing at the heads of such horses shall leave such horses before some other proper person shall be placed and stand in like manner and have the command of such horses, or before the driver of such stage carriage shall have returned and Seated himself upon the box and taken the reins; or if the driver of any stage carriage shall permit any passenger or any person other than himself to drive the horses drawing such carriage; or if the driver of any stage carriage shall quit the box of such carriage without reasonable occasion, or for a longer time than such occa- sion shall absolutely require; . . . . or if any person travelling as guard to any stage carriage shall, whilst the horses are harnessed or in the act of being harnessed thereto, and whilst any passenger shall be in, upon, or about such carriage, discharge any fire arms, except for the necessary defence of such carriage or of the pas- sengers or luggage being in or about the same ; or if the driver or conductor or guard of any stage carriage shall neglect to take due care of any luggage whatsoever carried or to be carried by such carriage; or if any such driver or conductor or guard shall demand or receive for the fare of any passenger more than the sum which such passenger shall be liable to pay, or more than the money pro- or neglecting perly chargeable for the carriage of any luggage; or if any such STAGE CARRIAGES ACT, 1832. 151 driver or conductor or guard shall, when thereto required, neglect or refuse faithfully to account to his employer for all moneys received by him in respect of any passenger or any luggage which shall be carried by such carriage; or if any such driver or con- ductor or guard shall assault or use abusive or insulting language to any person travelling or about to travel or having travelled as a passenger with or by such carriage, or to any person accompanying or attending upon any such passenger in coming to or going from any such carriage, every such offender in any of the several cases aforesaid shall forfeit five pounds. 48. And be it enacted, That if the driver or conductor or guard of any stage carriage, or any other person having the care thereof, or employed in, upon, or about such carriage, shall, through intoxi- cation or negligence, or by wanton and furious driving, or by or through any other misconduct, endanger the safety of any pas- senger or other person, or shall injure or endanger the property of the owner or proprietor of such stage carriage or of any other person, every such person so offending shall forfeit five pounds. 49. And be it enacted, That whenever it shall happen that the driver or conductor or guard of any stage carriage shall have com- mitted any offence against this Act for the commission whereof any penalty is by this Act imposed upon such driver or conductor or guard, and not upon the proprietor of such carriage, and such driver or conductor or guard shall not be known, or being known cannot be found, then the proprietor of such carriage shall be liable to every such penalty as if he had been the driver or conductor or guard of such carriage at the time when such offence was com- mitted: Provided always, that if any such proprietor shall make out, to the satisfaction of the justice of the peace before whom any complaint or information shall be heard, by sufficient evidence, not resting on his own testimony, that the offence was committed by such driver or conductor or guard without the privity or knowledge of such proprietor, and that no profit, advantage, or benefit, either directly or indirectly, has accrued or can accrue to such proprietor therefrom, and that he has used his endeavour to find out such driver or conductor or guard, and given all reasonable information in answer to inquiries respecting him, such justice shall discharge the proprietor from such penalty, and shall levy the same upon such driver or conductor or guard when found. 101. And be it enacted, . . . . in all actions, bills, plaints, in- formations, and proceedings to be commenced, prosecuted, entered, or filed in the name of his Majesty or of any other person for the recovery of any such duties, or of any debts or penalties which may be incurred or become payable under this Act, it shall be lawful for his Majesty, or any other person legally entitled to sue or prosecute for the same, to have and recover such duties, debts, and penalties, with full costs of suit and all other reasonable charges and expences. - 102, And be it enacted, That all pecuniary penalties imposed by or which may be incurred under this Act may be sued or prosecuted for in any of his Majesty's Courts of Record at Westminster for any offence committed in England, Wales, or Berwick-upon-Tweed, and in his Majesty's Court of Exchequer in Scotland, for any offence committed in that part of Great Britain called Scotland, by action . . or information, to account to his employer; or assaulting or using abusive lan- guage to any person. IPenalty on the driver or guard endan- gering pas- sengers or property through negli- gence, &c. 5!. Owners to be liable for penalties in cases where driver Or guard is not known or cannot be found. Duties and penalties recoverable with costs. In what Courts pecu- niary penal- ties may be sued for. 152 APPENDIX, Commis- sioners of Stamps re- quisite to sue for penalties. Penalties not exceeding 207. recoverable before a justice of the peace. Appeal. Justices may mitigate penalties. Service of the justices sum- Imonses and other notices. Construction of the terms used in this Act. be lawful for any person to sue or prosecute for any such penalty in any of the Courts aforesaid without having first obtained the consent in writing of two or more of the Commissioners of Stamps for that purpose, unless the action, suit, or prosecution for such penalty shall be carried on by the solicitor of stamps in England or Scotland respectively; and it shall be lawful for the said commis- sioners, if they shall think fit, to order the proceedings to be stayed in any such action, suit, or prosecution on payment of part only of any penalty incurred, with or without costs, or on payment only of the costs incurred or any part thereof, or otherwise, as they shall judge proper and expedient, 103. Provided always, . . . . That it shall be lawful for any justice of the peace having jurisdiction where the offence shall be committed to hear and determine any offence against this Act which may subject the offender to any pecuniary penalty not exceeding twenty pounds; . . . . and if the person convicted shall find him- self aggrieved by the judgment of any such justice, it shall be lawful for such person to appeal against the same to the justices of the peace at the general or quarter sessions of the peace: Provided that no such proceedings so to be had or taken shall be quashed or vacated for want of form, or shall be removed by certiorari, Sus- pension, advocation, reduction, or by any other writ or process, into any superior or other court of jurisdiction; any law or usage to the contrary notwithstanding.” 105. And be it enacted, That it shall be lawful for any justice of the peace, before whom any person shall be convicted of any offence against any of the provisions of this Act, to mitigate as he shall see fit any penalty by this Act imposed in cases where such justice shall See cause so to do. 109. And be it enacted, That any summons issued by any justice of the peace, requiring any defendant or any witness or other per- son to appear before such justice, or any other justice, with refer- ence to any information, complaint, or other proceeding for the recovery of any duty or penalty under this Act, shall be deemed to be well and sufficiently served in case either the summons or a copy thereof be served personally upon any such person as aforesaid, or be left at his usual or last place of residence, or, in case such person be a proprietor, driver, conductor, or guard of any stage carriage, be left with the book-keeper or person for the time being acting as book-keeper for such stage carriage in any town or place from, into, or through which such carriage shall go or be driven nearest to the place where any such offence shall be committed; and any notice by this Act required to be given to the proprietor of any stage carriage or to any other person shall be deemed to be well and sufficiently served in case either such notice, or a copy thereof, be served personally upon such proprietor or other person, or be left at his usual or last place of residence, (or in the case of such proprietor) be left with any book-keeper or person acting as book- keeper at any office belonging to such proprietor. 117. And in order to avoid the frequent use of divers terms and expressions in this Act, and to prevent any misconstruction of the * A large proportion of the section is repealed by the Summary Juris- diction Act, 1884; the section is printed as in the Revised Statutes. METROPOLITAN POLICE ACT, 1839. 153 terms and expressions used therein, be it enacted, That wherever in this Act, with reference to any person, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons as well as one person, females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing, unless it be other- wise specially provided, or there be something in the subject or Context repugnant to such construction; and that wherever the terms and expressions following occur in this Act they shall be construed respectively in the manner hereinafter directed; (that is to say,) that the term and expression “his Majesty” shall be Construed to mean and include his Majesty, his heirs and suc- cessors; that the term “officer of stamp duties” shall be construed to mean any officer deputed or appointed by the Commissioners of Stamps, whatever may be his particular office or employment; that the term “proprietor,” used with reference to any stage carriage, shall be construed to mean and include any and every person who shall keep, use, or employ such stage carriage, or who shall be Concerned in the keeping, using, or employing thereof; that the term “licensed postmaster” shall be construed to mean and include any and every person, male or female, licensed to let horses for hire under the authority of this Act; that the term “horse’’ or “horses” shall respectively be construed to mean and include any mare or gelding or mares or geldings as well as any horse or horses; that the term “toll gate” shall be construed to mean any gate or bar at which any toll is payable or any ticket is receivable for any horse or carriage; that the term “toll gate keeper” shall be construed to mean and include the keeper of any such gate or bar as aforesaid, or the collector of tolls thereat, or any person acting as such keeper or collector respectively; that the term “driver,” used with reference to any stage carriage, shall be construed to mean the coachman, driver, or director thereof; and that the term “luggage * shall be construed to mean any trunk, box, bale, parcel, package, corn, or other article, whether such trunk, box, bale, parcel, package, corn, or other article shall or shall not belong to any passenger conveyed by any such stage Carriage. THE METROPOLITAN POLICE ACT, 1839. (2 & 3 WICT. c. 47.) [Similar provisions for the City of London are contained in sections 20, 21, 22, 35, of the City of London Police Act, 1839, 2 & 3 Vict. cap. &civ.] 52. It shall be lawful for the Commissioner of Police from time to time, and as occasion shall require, to make regulations for the route to be observed by all carts, carriages, horses, and persons, and for preventing obstruction of the streets and thoroughfares “EHis Ma- jesty.” ‘‘ Officer of stamp duties.” “Proprietor.” “Licensed postmaster.” ** Horse” or ‘‘horses.” “Toll gate.” “Toll gate keeper.” ‘‘IDriver.” “Luggage.” Regulations for preventing obstructions in the streets during public 154 APPENDIX. within the Metropolitan Police District, in all times of public pro- cessions, public rejoicings, or illuminations, and also to give direc- tions to the constables for keeping order and for preventing any obstruction of the thoroughfares in the immediate neighbourhood of her Majesty's palaces, and the public offices, the High Court of Parliament, the courts of law and equity, the police courts, the theatres, and other places of public resort, and in any case when the streets or thoroughfares may be thronged or may be liable to be obstructed. 53. No proprietor of any stage carriage duly licensed to carry . passengers for hire, shall be liable to any penalty for any deviation from the route or line of route" [specified in his licence] which the driver of such stage carriage shall make by virtue of any regulation or direction made or given by the Commissioner of Police. 54. Every person shall be liable to a penalty not more than 40s., who within the limits of the Metropolitan Police District shall in any thoroughfare or public place commit any of the following offences; (that is to say)— * (1) Every person who shall to the annoyance of the inhabitants or passengers . . . . feed or fodder any horse or other animal . . . . or shoe, bleed, or farry any horse or animal (except in cases of accident), or clean, make, or repair any part of any cart or carriage, except in cases of accident, where repair on the spot is necessary: 2) Every person who shall turn loose any horse: . . . . 4) Every person having the care of any cart or carriage who shall ride on any part thereof, on the shafts, or on any horse or other animal drawing the same, without having and hold- ing the reins, or who shall be at such a distance from such cart or carriage as not to have the complete control over every horse or other animal drawing the same : (5) Every person who shall ride or drive furiously, or so as to endanger the life or limb of any person, or to the common danger of the passengers in any thoroughfare. (6) Every person who shall cause any cart, public carriage, . . . . with or without horses, to stand longer than may be neces- sary for loading or unloading, or for taking up or setting down passengers, except hackney carriages standing for hire in any place not forbidden by law, or who by means of any cart, carriage, . . . . or any horse or other animal, shall wilfully interrupt any public crossing, or wilfully cause any obstruction in any thoroughfare: (7) Every person who shall lead or ride any horse or other animal, or draw or drive any cart or carriage . . . . upon any footway or curbstone, or fasten any horse or other animal so that it can stand across or upon any footway: (8) Every person who shall roll or carry any cask, tub, hoop, or wheel, or any ladder, plank, pole, showboard, or placard, upon any footway, except for the purpose of loading or un- loading any cart or carriage, or of crossing the footway:- processions, &c. Stage carriages deviating from route. Nuisances in thorough- fares. * These words are now unnecessary; no routes being specified in a licence. The section will still apply to cases of alleged misrepresentation as to route or destination by the driver or conductor. HIGHWAYS ACT, 1835. (9) Every person who, after being made acquainted with the regulations or directions which the commissioners of police shall have made for regulating the route of horses, carts, carriages, and persons during the time of divine service, and for preventing obstructions during public processions, and on other occasions hereinbefore specified, shall wilfully dis- regard or not conform himself thereto : (13) Every person who shall use any threatening, abusive, or insulting words or behaviour, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned: And it shall be lawful for any constable belonging to the Metro- politan Police Force to take into custody, without warrant, any ...” shall commit any such offence within view of any such constable. HIGHWAYS ACT, 1835. (5 & 6 WILL. 4, c. 50.) ...An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England. [31st August, 1835.] WHEREAs it is expedient to amend the laws relating to highways in that part of Great Britain called England, and to consolidate the same in one Act, and to make other provisions respecting highways: 5. In the construction of this Act the word “surveyor” shall be understood to mean surveyor of the highways or waywarden; The word “parish’” shall be construed to include parish, town- ship, tithing, rape, will, wapentake, division, city, borough, liberty, market town, franchise, hamlet, precinct, chapelry, or any other place or district maintaining its own highways; . . . . And that the word “highways” shall be understood to mean all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; . . . . And wherever in this Act, in describing or referring to any person or party, animal, matter, or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several animals, matters, or things as well as one animal, matter, or thing, respectively, unless there be something in the subject or context repugnant to such construction. . . . . 72. If any person shall wilfully ride upon any footpath or cause- way by the side of any road made or set apart for the use or accom- modation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, Swine, or cattle, or carriage of any descrip- tion, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle on any highway, so as to suffer or permit the tethered animal to be thereon ; Interpretation clause. Penalty on persons com- mitting nui- sances by riding on foot- paths, &c.; 156 APPENDIX. by injuring the road; by damaging banks, cause- ways, direc- tion posts, milestones, &c.; by making fires; by baiting bulls; by laying timber, &c.; by running of filth. Rubbish laid OTO OF Inea.I’ highway, so as to be a nuisance, to be removed on notice, or surveyor to dispose of S3 IRé. Or shall cause any injury or damage to be done to the said high- way, or the hedges, posts, rails, walls, or fences thereof; or shall wilfully obstruct the passage of any footway; or wilfully destroy or injure the surface of any highway; or shall wilfully or wantonly pull up, cut down, remove, or damage the posts, blocks, or stones fixed by the said surveyor as herein directed; or dig or cut down the banks which are the securities and defence of the said highways; or break, damage, or throw down the stones, bricks, or wood fixed upon the parapets or battlements of bridges, or otherwise injure or deface the same ; or pull down, destroy, obliterate, or deface any milestone or post, graduated or direction post or stone erected upon any highway; Or shall play at football or any other game on any part of the said highways, to the annoyance of any passenger or passengers; Or if any hawker, higgler, gipsy, or other person travelling shall pitch any tent, booth, stall, or stand, or encamp upon any part of any highway; Or if any person shall make or assist in making any fire, or shall wantonly fire off any gun or pistol, or shall set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework what- soever within fifty feet of the centre of such carriageway or cart- way; or bait, or run for the purpose of baiting, any bull, upon or near any highway; Or shall lay any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever upon such highway, to the injury of such highway, or to the injury, inter- ruption, or personal danger of any person travelling thereon; Or shall suffer any filth, dirt, lime, or other offensive matter or thing whatsoever to run or flow into or upon any highway from any house, building, erection, lands, or premises adjacent thereto, or i. in any way wilfully obstruct the free passage of any such 1gnway; g #. person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding 40s., over and above the damages occasioned thereby. 73. If any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever shall be laid upon any highway so as to be a nuisance, and shall not, after notice given by the Surveyor, assistant surveyor, or district surveyor, be forthwith removed, it shall and may be lawful for the surveyor, assistant surveyor, or district surveyor, by order in writing from any one justice, to clear the said highway, by removing the said stone, hay, straw, dung, manure, soil, ashes, rubbish, or other matter or thing as aforesaid, and to dispose of the same, and to apply the proceeds arising therefrom towards the repairs of the highway within the parish in which such highway may be situate : Provided nevertheless, that if any soil, ashes, or rubbish shall be laid on any highway, and such soil, ashes, or rubbish shall not be of sufficient value to defray the expense of removing them, the person who laid or deposited such soil, ashes, or rubbish shall repay to the said surveyor, assistant surveyor, or district surveyor the money which he shall have necessarily expended for the removal thereof, which money, in case the same shall not be forthwith repaid, shall be levied as forfeitures are herein directed to be levied. HIGHWAYS ACT, 1835. 157 76. The owner of every waggon, cart, or other such carriage shall paint or cause to be painted in one or more straight line or lines, upon Some conspicuous part of the right or off-side of his waggon, cart, or other such carriage, or upon the off-side shafts thereof, before the same shall be used on any highway, his christian name and surname, or the style and title by which he is commonly designated, and the place of his trade or abode, or the christian and Surname and place of trade or abode of a partner or owner thereof, at full length, in large legible letters in white upon black, or black upon white, not less than one inch in height, and continue the same thereupon so long as such waggon, cart, or other such carriage shall be used upon any highway; And every owner of any waggon, cart, or other such carriage who shall use or allow the same to be used on any highway without the name and descriptions painted thereon as aforesaid, or who shall suffer the same to become illegible, or who shall paint or cause to be painted any false or fictitious name or place of trade or abode on such waggon or cart or other such carriage, shall forfeit and pay, on conviction, for every such offence, a sum not exceeding 40s., Names of owners to be painted on waggons, &c., in the manner herein mentioned. with or without costs, as to the justices before whom the conviction shall take place shall think fit. 77. No one person shall act as the driver of more than two carts, waggons, or other such carriages on any highway : Provided always, that it shall and may be lawful for any one person to act as the driver of two carts, waggons, or other such carriages, on any highway, and for such carts to pass and travel on any highway, being only under the care and superintendence of such single person: Provided always, that such carts, waggons, or other carriages, when under the care of only one person, shall not be drawn by more than one horse each, and the horse of the hinder cart, waggon, or other carriage shall be attached by a rein in length not exceed- ing four feet to the back of the cart, waggon, or other carriage which shall be foremost ; - And in case the said horse shall not be so attached the driver of the said carts, waggons, or other carriages shall forfeit, on convic- tion, the sum of 20s., to be recovered as other penalties are by this Act to be recovered. 78. If the driver of any waggon, cart, or other carriage of any kind shall ride upon any such carriage, or upon any horse or horses drawing the same, on any highway, not having some other person on foot or on horseback to guide the same (such carriages and carts as are driven with reins, and are conducted by some person holding the reins of all the horses drawing the same, excepted); Or if the driver of any carriage whatsoever on any part of any highway shall by negligence or wilful misbehaviour cause any hurt or damage to any person, horse, cattle, or goods conveyed in any carriage, passing or being upon such highway, or shall quit the same, and go on the other side of the hedge or fence inclosing the same, or negligently or wilfully be at such distance from such carriage, or in such a situation whilst it shall be passing upon such highway that he cannot have the direction and government of the horses or cattle drawing the same, or shall leave any cart or carriage on such highway, so as to obstruct the passage thereof, or if any person shall drive or act as the driver of any waggon, cart, One driver may take charge of two carts, drawn by one horse each. Drivers of carts not to ride thereon. unless some other person guide them. Drivers caus- ing damage or quitting the road, or driving car- riage without owner’s name, or not keeping the left side, or interrupt- ing free pas- Sage, if not 158 APPENDIX, the owner to forfeit 5l., if the owner 107. Proceeding if driver will not discover his Ilam €. or other such carriage, not having the owner's name as hereby required painted and remaining legible thereon, and shall refuse to tell or to discover the true christian and surname of the owner or principal owners of such waggon, cart, or carriage; Or if the driver of any waggon, cart, or other carriage whatso- ever or of any horses, mules, or other beast of draught or burden, meeting any other waggon, cart, or other carriage, or horses, mules, or other beasts of burden, shall not keep his waggom, cart, or carriage, or horses, mules, or other beasts of burden, on the left or near side of the road; Or if any person shall in any manner wilfully prevent any other person from passing him, or any waggon, cart, or other carriage, or horses, mules, or other beasts of burden, under his care, upon such highway, or by negligence or misbehaviour prevent, hinder, or interrupt the free passage of any person, waggon, cart, or other carriage, or horses, mules, or other beasts of burden, on any high- way, or shall not keep his waggon, cart, or other carriage, or horses, mules, or other beasts of burden, on the left or near side of the road for the purpose of allowing such passage ; Or if any person riding any horse, or beast, or driving any sort of carriage, shall ride or drive the same furiously so as to endanger the life or limb of any passenger; - Every person so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a justice, or by the oath of one or more credible wit- nesses before any two justices of the peace, shall, in addition to any civil action to which he may make himself liable, for every such offence forfeit any sum not exceeding 5l., in case such driver shall not be the owner of such waggon, cart, or other carriage, and in case the offender be the owner of such waggon, cart, or other carriage, then any sum not exceeding 10l., and in either of the said cases shall, in default of payment, be committed to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding six weeks, unless such forfeiture shall be sooner aid; p And every such driver offending in either of the said cases shall and may, by the authority of this Act, with or without any warrant, be apprehended by any person who shall see such offence committed, and shall be conveyed before any justice of the peace, to be dealt with according to law; And if any such driver in any of the cases aforesaid shall refuse to discover his name, it shall and may be lawful for the said justices of the peace before whom he shall be taken, or to whom any such complaint shall be made, to commit him to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three months, or to proceed against him for the penalty aforesaid by a description of his person and the offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name. STAGE CARRIAGES ACT, 1842. 159 STAGE CARRIAGES ACT, 1842. (5 & 6 WICT. c. 79.) An Act to repeal the Duties payable on Stage Carriages and on Passengers conveyed upon Railways, and certain other Stamp Duties in Great Britain, and to grant other Duties in lieu thereof; and also to amend the Laws relating to the Stamp Duties. [5th August, 1842.] 13. And whereas the repealing of the duties in respect of the passengers to be conveyed by stage carriages in Great Britain, and granting a uniform rate of duty on stage carriages in lieu thereof, will render certain regulations necessary for preventing the overloading of such carriages, and the dangers and inconveniences consequent thereon; be it therefore enacted, That no stage carriage shall be allowed to carry at one time a greater number of passengers in the whole, or in the inside or on the outside thereof, than the same is constructed to carry according to the regulations of this Act; and that no such carriage shall be deemed to be constructed to carry a greater number of passengers than the same will contain at one time, upon fit and proper seats provided therein or thereupon for that purpose, allowing for every passenger, on an average, upon each and every separate seat, a space convenient for sitting thereon of sixteen inches, measuring in a straight line lengthwise on the front of each seat : Provided always, that no child under five years of age, sitting in the lap, shall be deemed a passenger within the meaning of this Act. 14. And be it enacted, That no stage carriage shall be used or employed unless nor until there shall be truly painted, in words at length, and in legible and conspicuous Roman letters, one inch at the least in height, and of a proper and proportionate breadth, and in a colour different from and opposite to the colour of the ground on which such letters shall be painted, and in one or more straight horizontal line or lines, upon some conspicuous part on the outside of such carriage, at the back thereof, and also in the inside thereof, and where the same shall be constructed to carry passengers in different compartments, then in each such compartment, and so that the same shall be at all times plainly and distinctly visible and legible, the number of passengers which such carriage is constructed to carry according to this Act in the whole, and on the outside and in the inside thereof respectively, and in each such compartment; and if any stage carriage shall be used or employed without having all and every such particulars painted thereon in manner aforesaid, or if any stage carriage shall be used or employed having thereon or in or on any part thereof any words or figures, or any particulars whatever, specifying or importing, or tending or intended to signify or import, that the same is constructed or in any way authorized to carry a greater number of passengers in the whole, or on the out- side or in the inside thereof respectively, or in any compartment thereof, than the same is truly constructed to carry according to the regulations of this Act, the proprietor thereof shall forfeit the sum of ten pounds. No stage carriage to carrya greater number of passengers than it is constructed to carry. What number of passengers a carriage shall be deemed to be constructed to carry. The number of passengers which a carriage is constructed to carry to be painted thereon. If any stage carriage be used without having the proper parti- culars painted thereon, penalty 107. 160 APPENDIX. If any greater number of passengers be carried than the carriage is constructed to carry, or than the particulars specify, penalty 5l. Any constable or passenger may measure the seats. Penalty for refusing to permit the measuring of the seats, 57. Number of passengers allowed to be carried on the outside of stage car- riages. Not to alter the regula- 15. And be it enacted, That if the number of passengers at any one time conveyed in, upon, or about any stage carriage shall be greater in the whole, or upon or about the outside thereof, or in the inside thereof, or in any compartment thereof respectively, than the same is constructed to carry, according to the regulations of this Act, or than any particulars painted thereon shall specify in the whole, or upon the outside thereof, or in the inside thereof, or in any compartment thereof respectively, the driver and conductor or guard thereof for the time being respectively shall forfeit the sum of five pounds. 16. And be it enacted, That it shall be lawful for any constable or peace officer at any time, and also for any person travelling or having immediately before travelled by any stage carriage, in any case where he shall have reason for believing or suspecting that a greater number of passengers are carried or are about to be carried, or have immediately before, or at any time during the journey last performed, been carried, by such stage carriage, to measure the seats or any of the seats in or upon such carriage, in order to ascertain the length thereof respectively, or the number of passengers which the said carriage is constructed to carry; and if any person shall refuse to permit the seats in or upon any such stage carriage to be measured, or shall by any means or in any way prevent or attempt to prevent any constable, peace officer, or other such person as aforesaid from or hinder or obstruct him in measuring the same, the person so offending shall forfeit for every such offence the sum of five pounds. 17. And be it enacted, That no stage carriage the top or roof of which shall be more than eight feet nine inches from the ground, or the bearing of which on the ground shall be less than four feet six inches from the centre of the track of the right or off wheel to the centre of the track of the left or near wheel, shall be allowed to carry in any case more than the number of outside passengers hereinafter respectively mentioned; (that is to say,) not more than five outside passengers where such carriage shall be constructed to carry, according to the regulations of this Act, not exceeding nine passengers in the whole; not more than eight outside passengers where such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding nine and not exceeding twelve passengers; not more than eleven outside passengers where such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding twelve and not exceeding fifteen passengers; not more than twelve outside passengers where any such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding fifteen and not exceeding eighteen passengers; and not more than two additional outside passengers for every three additional passengers which any such carriage shall be constructed to carry, according to the said regula- tions, in the whole ; and if any greater number of outside passen- gers shall be carried by any such stage carriage as aforesaid than is hereinbefore specified and allowed, the driver of such stage carriage, and the conductor or guard thereof, at the time when such offence shall be committed, shall respectively forfeit the sum of five pounds. 18. And be it enacted, That nothing in this Act contained shall in any way alter or affect any of the regulations or provisions STAGE CARRIAGES ACT, 1842. 161 contained in the said Act passed in the second and third years of the reign of his late Majesty King William the Fourth, relating to stage carriages, now in force, which shall not be inconsistent with the regulations and provisions herein contained; and that all the clauses and provisions contained in the said Act relating to the recovery of penalties before any justice of the peace shall be applied and be put in force for the recovery of any penalty imposed by or incurred under this Act: Provided always, that it shall be lawful for any person to inform and prosecute for any penalty incurred, as well by the owner or proprietor of any stage carriage, as by the driver, conductor, or guard thereof, under this Act, so far as relates to the particulars to be painted on stage carriages, or to carrying a greater number of passengers by any stage carriage than the same is constructed to carry, or than is allowed by this Act, provided the information be exhibited or the complaint made within ten days after the offence shall have been committed: Provided also, that where by this Act any penalty is imposed upon the driver and con- ductor or guard of any stage carriage respectively for one and the same offence, only one prosecution shall be had or maintained for the recovery of such penalty against such driver or conductor or guard, at the option of the person prosecuting for the same. 19. And be it enacted, That in any prosecution for the recovery of any penalty relating to the carrying of passengers by any stage carriage, or to the number of passengers which any stage carriage shall be constructed to carry, if proof be made of the due admeasure- ment of the height or bearing of such stage carriage, or of the seat or any of the seats in or upon any such carriage, or of the particu- lars painted thereon, the same shall be deemed and received as evidence thereof without the production of such carriage. 24. And be it enacted, That all pecuniary penalties imposed by Or which may be incurred under this Act may be sued or prosecuted for and recovered by the same ways and means, and in the same manner and form, and be mitigated and applied as any other penalty incurred under any Act relating to the stamp duties may be sued for, prosecuted, and recovered, mitigated and applied; and that all the powers, provisions, regulations, forfeitures, pains, and penalties contained in or imposed by any Act or Acts in force with relation to any of the duties under the management of the Commissioners of Stamps and Taxes, so far as the same are or may be applicable in cases not by this Act expressly provided for, and so far as the same shall not be superseded by, and as the same shall be consistent with, the express provisions of this Act, shall be of full force and effect with respect to the duties by this Act granted, and to the matters and things charged or chargeable therewith, in respect of which duty is hereby granted, and shall be applied and put in execution for recovering, securing, and collecting the said duties hereby granted, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes as if such powers, provisions, regulations, forfeitures, pains, and penalties had been repeated and Specially enacted in this Act with reference to the duties by this Act granted and made payable. tions of 2 & 3 Will. 4, c. 120. Recovery of penalties for offences re- lating to stage carriages. Evidence in prosecutions relating to the carrying of passengers by stage carriages. Penalties im- posed by this Act how to be recovered. Powers, pro- visions, &c. of former Acts . to continue in force. 162 APPENDIX. Meaning of certain words used in this Act. Certain pro- visions of 1 & 2 Will. 4, c. 22, extended to this Act. Title and place of abode of a peer of the realm painted on any carriage, &c. to be deemed a compliance with the pro- visions of the Act. HACKNEY CARRIAGES (LONDON) ACT, 1848. (6 & 7 VICT, c. 86.) An Act for regulating Hackney and Stage Carriages in and near London. [22nd August, 1843.] 2. And be it enacted, That the words hereinafter mentioned, which in their usual signification have a more confined or different meaning, shall in this Act (except where the nature of the pro- visions or the context of the Act shall exclude such construction), be interpreted as follows; (that is to say,) the words “hackney carriage” shall include every carriage (except a stage carriage) which shall stand on hire or ply for a passenger for hire at any place within the limits of the city of London and the liberties thereof, and Metropolitan police district; and the words “metro- politan stage carriage * shall include every stage carriage except such as shall on every journey go to or come from Some town or place beyond the limits aforesaid; and the word “proprietor” shall include every person who, either alone or in partnership with any other person, shall keep any hackney carriage or any metropolitan stage carriage, or who shall be concerned otherwise than as a driver or attendant in employing for hire any hackney carriage or any metropolitan stage carriage; and the word “conductor” shall include every director or other person, except the driver, who shall attend upon the passengers in any metropolitan stage carriage; . . . and the word “passenger” shall include every person carried by any hackney carriage, or by any metropolitan stage carriage, except one driver, and, where there shall be a conductor to such metropolitan stage carriage, one conductor; and the word “horse” shall include every mare and gelding ; and every word importing the singular number only shall extend and be applied to several persons and things as well as to one person or thing; and every word importing the masculine gender only shall extend to a female as well as to a male. 3. And be it enacted, That so much of an Act passed in the second year of the reign of his late Majesty, intituled “An Act to amend the laws relating to hackney carriages, and to waggons, carts, and drays used in the metropolis; and to place the collection of the duties on hackney carriages and on hawkers and pedlars in England under the Commissioners of Stamps,” as relates to hackney carriages . . . . and not hereby repealed . . . . shall extend and apply to hackney carriages . . . . within the meaning of this Act. 4. And whereas by the said recited Act passed in the reign of his late Majesty it was, enacted, that the owner of every waggon, cart, car, dray, or other carriage should, before any such carriage should be driven or used in any public street or road, within the distance of five miles from the General Post Office in the city of London, paint or cause to be painted in words at full length, and in one or more straight line or lines, upon some conspicuous place on the right or off side of every such carriage, clear of the wheel or wheels thereof, or upon the right or off-side shaft thereof, the true christian name and surname and place of abode of the owner, or, if there be more than one, of the principal owner of such carriage, in the HACKNEY CARRIAGES (LONDON) ACT, 1843. 163 manner in such Act directed; be it enacted, That in all cases where the owner of any such carriage shall be a peer of the realm, or shall be known or usually designated by some title of rank, it shall be deemed to be a compliance with the provisions of the aforesaid Act that the title only and place of abode of such peer or other person shall be painted in the manner therein described upon any such waggon, wain, cart, or other carriage. 7. And be it enacted, That the proprietor of every metropolitan stage carriage shall keep distinctly painted, both on the outside and inside of the same, in such a manner and in such a position as shall from time to time be directed by the registrar, the words “Metropolitan Stage Carriage,” or such other words as the registrar shall direct, together with the number of the Stamp Office plate relating to such carriage; and shall also, on the inside of every such carriage, keep distinctly painted in a conspicuous manner a table of fares to be demanded of passengers by such carriage; and the fares therein specified shall be deemed to be the only lawful fares, and may be recovered by the driver or conductor as in the case of hackney carriages, in a summary way, before any justice of the peace; and every proprietor making default in the premises shall forfeit the sum of twenty shillings for every offence. 8. And be it enacted, That it shall be lawful for the registrar to grant a licence to act as driver of hackney carriages, or as driver or as conductor of metropolitan stage carriages . . . . . (as the case may be,) to any person who shall produce such a certificate as shall satisfy the said registrar of his good behaviour and fitness for such situation respectively : Provided always, that no person shall be licensed as such driver as aforesaid who is under sixteen years of age; and in every such licence shall be specified the number of such licence, and the proper name and surname, and place of abode, and age, and a description of the person to whom such licence shall be granted, . . . . and every such licence shall bear date on the day on which the same shall be granted; . . . . and on every licence of a driver or conductor the registrar shall cause proper columns to be prepared, in which every proprietor employing the driver or conductor named in such licence shall enter his own name and address, and the days on which such driver or conductor shall enter and shall quit his service respectively; and in case any of the particulars entered or indorsed upon any licence in pursuance of this Act shall be erased or defaced every such licence shall be wholly void and of none effect; and the said registrar shall, at the time of granting any licence, deliver to the driver, conductor, . . . . to whom the same shall be granted, an abstract of the laws in force relating to such driver, conductor, . . . . and of the penalties to which he is liable for any misconduct, and also a metal ticket, upon which there shall be marked or engraved his office or employment, and a number corresponding with the number which shall be inserted in such licence. 10. And be it enacted, That it shall not be lawful for any person to act as driver of any hackney carriage, or as driver or conductor of any metropolitan stage carriage, whether such person shall or shall not be the proprietor of such carriage, . . . . within the limits of this Act, unless in each case such person shall have a licence so to do, and a numbered ticket granted to him under the authority of this Act, and remaining in force; and every person who shall act Particulars to be painted On metro- politan stage carriages. Registrar to grant licences. [Commissioner of Police now has the powers of the registrar wnder 13 & 14 Pict. c. 7, s. 2.] At the time of granting any licence an abstract of the laws and a ticket to be given. Penalty on persons acting as drivers, &c. without licences and tickets, 5!. ; M 2 164 4. APPENDIX. as such driver or conductor . . . . without such licence and ticket, ... and also every person to whom a licence and ticket shall have been granted, who shall, except in compliance with the provisions of this Act, transfer or lend such licence, or permit any other person to use or wear such ticket, shall for every such offence forfeit the sum of five pounds; and every proprietor who shall knowingly suffer any person not duly licensed under the authority of this Act, to act as driver of any hackney carriage, or as driver or as conductor of any metropolitan stage carriage, of which he shall be the proprietor, shall for every such offence forfeit the sum of ten pounds: Provided always, that nothing hereinbefore contained shall subject to any penalty any proprietor who shall employ any unlicensed person to act as such driver or conductor as aforesaid for any time not exceeding twenty-four hours, or any unlicensed person who shall be so employed for the said time, upon proof being adduced by the proprietor, to the satisfaction of the justice of the peace before whom such proprietor, driver, or conductor shall be required to attend to answer for such offences respectively, that such employment was occasioned by unavoidable necessity; and that every proprietor who shall so employ such un- licensed driver or conductor, and every such unlicensed driver or conductor shall be subject to all the powers, provisions, and proceedings of and under this Act or the said recited Act of his late Majesty for any act done by such driver or conductor during such employment, in like manner as if such driver or conductor had been - duly licensed. persons 14. And be it enacted, That before any such licence as afore- applying for said shall be granted a requisition for the same, in such form as the licences to . said registrar shall from time to time appoint for that purpose, and § ºr accompanied with such certificate as hereinbefore is required, shall * * * be made and signed by the person by whom such licence shall be Sã,Iſle. required; and in every such requisition all such particulars as the registrar shall require shall be truly set forth; and every person applying for Or attempting to procure any such licence, who shall make or cause to be made any false representation in regard to any of the said particulars, or who shall endeavour to obtain a licence by any forged recommendations, or who shall not truly answer all questions which shall be demanded of him in relation to such application for a licence, and also every person to whom reference shall be made who shall, in regard to such application, wilfully and knowingly make any misrepresentation, shall forfeit for every such offence the sum of five pounds; and it shall be lawful for the registrar to proceed for recovering of such penalty before any magistrate at any time within one calendar month after the com- mission of the offence, or during the currency of the licence so improperly obtained. Notice to be 15. And be it enacted, That as often as any driver or conductor given by ſº ... shall change his place of abode he shall give notice thereof in drivers and , writing, signed by him, to the said registrar, specifying in such tºº. * notice his new place of abode, and shall at the same time produce †. ºgº his licence to the said registrar, who shall indorse thereon a & memorandum specifying the particulars of such change; and every driver, conductor, . . . . who shall change his place of abode, and shall neglect for two days to give notice of such change, and to produce his licence in order that such memorandum on proprietors suffering drivers or conductors so to do, 107. HACKNEY CARRIAGES (LONDON) ACT, 1843. as aforesaid may be indorsed thereon, shall forfeit for every such offence the sum of twenty shillings; and it shall be lawful for the registrar, or for any person employed by him for that purpose, to sue for such penalty at any time during the currency of such licence; and after the passing of this Act it shall not be necessary for the proprietor of any hackney carriage to give to the Commis- sioners of Sewers, at the Guildhall in the city of London, the account required by the said recited Act of the second year of the reign of his late Majesty. 16. And be it enacted, That the particulars of every licence which shall be granted as aforesaid shall be entered in books to be kept for that purpose at the office of the said registrar; and in all Courts, and before any justice of the peace, and upon all occasions whatsoever, a copy of any entry made in any such book, and cer- tified by the person having the charge thereof to be a true copy, shall be received as evidence, and be deemed sufficient proof of all things therein registered, without requiring the production of the said book, or of any licence, or of any requisition or other docu- ment upon which any such entry may be founded; and every person applying at all reasonable times shall be furnished with a certified copy of the particulars respecting any licensed person without payment of any fee. 17. And be it enacted, That every licensed driver, conductor, ... shall at all times during his employment, and when he shall be required to attend before any justice of the peace, wear his ticket conspicuously upon his breast, in such manner that the whole of the writing thereon shall be distinctly legible; and every driver, conductor, . . . . who shall act as such, or who shall attend when required before any justice of the peace, without wearing such ticket in manner aforesaid, or who, when thereunto required, shall refuse to produce such ticket for inspection, or to permit any person to note the writing thereon, shall for every such offence forfeit the sum of forty shillings. 18. And be it enacted, That upon the expiration of any licence granted under this Act the person to whom such licence shall have been granted shall deliver such licence and the ticket relating thereto to the said registrar; and every such person who, after the expira– tion of such licence, shall wilfully neglect for three days to deliver the same to the said registrar, and also every person who shall use or wear or detain any ticket, without having a licence in force relating to such ticket, or who shall for the purpose of deception use or wear or have any ticket resembling or intended to resemble any ticket granted under the authority of this Act, shall for every such offence forfeit the sum of five pounds; and it shall be lawful for the registrar, or for any person employed by him for that pur- pose, to prosecute any person so neglecting to deliver up his licence or ticket at any period within twelve calendar months after the expiration of the licence; and it shall be lawful for any constable or peace officer, or any person employed for that purpose by the registrar, to seize and take away any such ticket, wheresoever the same may be found, in order to deliver the same to the said registrar. 19. And be it enacted, That whenever the writing on any ticket shall become obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any ticket shall be proved to the Satisfaction of the said registrar to have been lost or mislaid, Particulars of licences to be entered in a book at the registrar’s office. Tickets to be worn by drivers. Licences and tickets to be delivered up on the dis- continuance of licences. New tickets to be delivered instead of defaced or lost tickets. 166 APPENDIX. Forgery of licence or ticket, or knowingly uttering a forged licence or ticket, a misdemeanor. Proprietor to retain the licence of drivers or conductors employed by im, and pro- duce them in case of complaint. the person to whom the licence relating to any such ticket shall have been granted shall deliver such ticket (if he shall have the same in his possession), and shall produce such licence to the said registrar, and such person shall then be entitled to have a new ticket delivered to him, upon payment, for the use of her Majesty, of such sum of money, not exceeding three shillings, as the regis- trar shall from time to time appoint: Provided always, that if any ticket which shall have been proved, as aforesaid, or represented to have been lost or mislaid, shall afterwards be found, the same shall forthwith be delivered to the said registrar; and every person into whose possession any such ticket, as last aforesaid, shall be or come, who shall refuse or neglect for three days to deliver the same to the said registrar, and also every person licensed under the authority of this Act who shall use or wear the ticket granted to him after the writing thereon shall be obliterated, defaced, or obscured, so that the same shall not be distinctly legible, shall for every such offence forfeit the sum of forty shillings. 20. And be it enacted, That every person who shall forge or counterfeit, or who shall cause or procure to be forged or counter- feited, any licence or ticket by this Act directed to be provided for the driver of a hackney carriage, or for the driver or the conductor of a metropolitan stage carriage, . . . . and also every person who shall sell or exchange, or expose to sale, or utter, any such forged or counterfeited licence or ticket, and also every person who shall knowingly and without lawful excuse (the proof whereof shall lie On the person accused) have or be possessed of such forged or counterfeited licence or ticket, knowing such licence or ticket to be forged or counterfeited, and also every person knowingly and wilfully aiding and abetting any person in committing any such offence as aforesaid, shall be guilty of a misdemeanor, and, being thereof convicted, shall be liable to be punished by fine or imprison- ment, or by both, such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the Court shall think fit; and it shall be lawful for any person to detain any such licence or ticket, or for any constable or peace officer, or any person employed for that purpose by the said registrar, to seize and take away any such licence or ticket, in order that the same may be produced in evidence against such offender, or be disposed of as the said registrar shall think proper. 21. And be it enacted, That every proprietor of a hackney car- riage and of every metropolitan stage carriage, who shall permit or employ any licensed person to act as the driver or conductor thereof, shall require to be delivered to him, and shall retain in his possession, the licence of such driver or conductor while such driver or conductor shall remain in his service; and in all cases of com- plaint where the proprietor of a hackney carriage or of a metro- politan stage carriage shall be summoned to produce the driver or conductor of such carriage before a justice of the peace, he shall also produce the licence of such driver or conductor, if at the time of receiving the summons such driver or conductor shall be in his service; and if any driver or conductor complaimed of shall be adjudged guilty of the offence alleged against him, the justice of the peace before whom he shall be convicted shall in every case indorse upon the licence of such driver or conductor the nature of the offence, and the amount of the penalty inflicted; and every HACKNEY CARRIAGES (LONDON) ACT, 1843. 167 proprietor who shall neglect to require to be delivered to him, and to retain in his possession, the licence of any driver or conductor during such period as such driver or conductor shall remain in his service, or who shall refuse or neglect to produce such licence 8,S ºil, shall for every such offence forfeit the sum of three pounds, 22. And be it enacted, That it shall be lawful for any justice of the peace to hear and determine all matters of complaint between any proprietor of a hackney carriage or metropolitan stage carriage and the driver or conductor of the same respectively, and to order payment of any sum of money that shall appear to be due to either party for wages or for the earnings in respect of any such carriage, or on account of any deposit of money, and to order compensation to the proprietor in respect of damage or loss which shall have arisen through the neglect or default of any driver or conductor to the property of his employer intrusted to his care, or in respect of any sum of money which such proprietor may have been lawfully Ordered by a justice of the peace to pay, and which has been actually paid pursuant to such order, on account of the negligence or wilful misconduct of his driver or conductor, and to order such compensation to either party in respect of any other matter of complaint between them as to such justice shall seem proper. 23. Provided always, and be it enacted, That it shall not be lawful, either in any court of law or before any justice of the peace, to enforce the payment of any sum of money claimed from any driver or conductor by any proprietor on account of the earnings of any hackney carriage or metropolitan stage carriage, unless under an agreement in writing, which shall have been signed by such driver or conductor in the presence of a competent witness; and no such agreement shall be liable to any stamp duty. 24. And be it enacted, That when any licensed driver or con- ductor shall leave the service of any proprietor, such proprietor shall, upon demand thereof, return to him his licence: Provided always, that if the said proprietor shall have any complaint against the said driver or conductor, it shall be lawful for such proprietor to retain the licence for any time not exceeding twenty-four hours after the demand thereof, and within that time to apply to the police court of the district in which the said proprietor shall dwell, or if he shall dwell in the city of London or the liberties thereof, then to Some justice of the said city, for a summons against him ; and the said proprietor, at the time of applying for the summons, shall deposit the licence with the clerk of such police court or justice; and in case any proprietor, who, upon demand thereof, shall have refused or neglected to deliver to any driver or conductor his licence, shall not within twenty-four hours, exclusive of Sunday or any day on which the police court shall not sit, apply for such summons, and deposit the licence as aforesaid, or shall not appear to prosecute his complaint at the time mentioned in the summons, it shall be lawful for such driver or conductor to apply at the same police court, or to some justice as aforesaid, for a summons against such proprietor; and upon hearing and deciding the case the justice, if he shall think there was no just cause for detaining the licence, or that there has been needless delay on the part of the proprietor in bringing the matter to a hearing, shall have power to order the Magistrates to hear and determine disputes. Agreements between drivers, &c. and proprie- tors to be in writing. Proceedings with respect to licences on quitting service. 168 APPENDIX. Licences may be revoked or suspended. No person to act as driver of any car- riage without the consent of the proprietor. said proprietor to pay such compensation to the said driver or con- ductor as the said justice shall think reasonable; and payment of such compensation shall be enforced in the same manner as any penalty may be enforced under this Act by such justice ; and the justice shall cause the licence to be delivered to the said driver or conductor, unless any misconduct shall be proved against him, by reason whereof the justice shall think that such licence should be revoked or suspended; and so long as any proprietor shall neglect to apply for such summons and deposit the licence, after demand thereof, any justice of the peace may in like manner from time to time order compensation to be paid by him to the same driver or conductor; and no proprietor shall, under any pretence or by virtue of any claim whatever, retain beyond the time aforesaid the licence of his driver or conductor. 25. And be it enacted, That it shall be lawful for any justice of the peace before whom any driver, conductor, . . . . shall be con- victed of any offence, whether under this Act or any other Act, if such justice in his discretion shall think fit, to revoke the licence of such driver, conductor, . . . . and also any other licence which he shall hold under the provisions of this Act, or to suspend the same for such time as the justice shall think proper, and for that purpose to require the proprietor, driver, conductor, . . . . . in whose possession such licence and ticket thereunto belonging shall then be to deliver up the same; and every proprietor, driver, conductor, . . . . who, being so required, shall refuse or neglect to deliver up such licence and any such ticket, or either of them, shall forfeit, so often as he shall be so required and refuse or neglect as aforesaid, the sum of five pounds; and the justice shall forthwith send such licence and ticket to the registrar, who shall cancel such licence if it has been revoked by the justice, or, if it has been sus- pended, shall, at the end of the time for which it shall have been suspended, re-deliver such licence, with the ticket, to the person to whom it was granted. 27. And be it enacted, That every driver or conductor authorized by any proprietor to act as driver of any hackney carriage, or as driver or conductor of any metropolitan stage carriage, who shall suffer any other person to act as driver of such hackney carriage, or as driver or conductor of such metropolitan stage carriage, without the consent of the proprietor thereof, and also every person, whether duly licensed or not, who shall act as driver or as conductor of any such carriage without the consent of the proprietor thereof, shall forfeit the sum of forty shillings; and every driver or con- ductor charged with such offence, who, when required by a justice of the peace so to do, shall not truly make known the name and place of abode of the person so suffered by him to act as driver or conductor without consent of the proprietor, and also the number of the ticket of such person (if licensed), shall be liable to a further penalty of forty shillings; and it shall be lawful for any police constable, without any warrant for that purpose, to take into custody any person unlawfully acting as a driver or as a conductor . . . and to convey him before any justice of the peace, to be dealt with according to law, and also, if necessary, to take charge of the carriage and every horse in charge of such person, and to deposit the same in some place of safe custody until the same can be applied for by the proprietor. HACKNEY CARRIAGES (LONDON) ACT, 1843. 169 28. And be it enacted, That every driver of a hackney carriage, or driver or conductor of a metropolitan stage carriage, who shall be guilty of wanton or furious driving, or who by carelessness or wilful misbehaviour shall cause any hurt or damage to any person or property being in any street or highway, and also every driver, conductor, . . . . who during his employment shall be drunk, or shall make use of any insulting or abusive language, or shall be guilty of any insulting gesture or any misbehaviour, shall for every such offence forfeit the sum of three pounds; or it shall be lawful for the justice before whom such complaint shall be brought, if in his discretion he shall think proper, instead of inflicting such penalty, forthwith to commit the offender to prison for any period not exceeding two calendar months, with or without hard labour, as the justice shall direct; and in every case where any such hurt or damage shall have been caused the justice, upon the hearing of the complaint, may adjudge, as and for compensation to any party aggrieved as aforesaid, a sum not exceeding ten pounds, and may order the proprietor of the hackney carriage or metropolitan stage carriage, the driver or conductor of which shall have caused such hurt or damage, forthwith to pay such sum, and also such costs as shall have been incurred, and payment thereof may be enforced against such proprietor as any penalty or sum of money may be recovered under and by virtue of this Act; and any sum which shall be so paid by the proprietor shall in like manner be recovered in a summary way before a justice of the peace from the driver or conductor through whose default such sum shall have been paid, upon proof of the payment thereof, pursuant to the order of the justice, or it shall be lawful for the justice in the first instance to adjudge the amount of such compensation to be paid by such driver or conductor to the party aggrieved. 29. And be it enacted, That it shall be lawful for the Commis- sioners of Police of the metropolis from time to time . . . . and also to make regulations for enforcing order at the places at which metropolitan stage carriages shall call or ply for passengers, and for fixing the time during which each such carriage shall be allowed to remain at any such place; and every driver of a hackney carriage, and also every driver or conductor of a metropolitan stage carriage, who shall wilfully disregard or not conform himself to such regulations, shall for every such offence forfeit the sum of forty shillings. 30. And be it enacted, That no standing shall be appointed for hackney carriages, either within the metropolitan police district or within the city of London, by virtue of this Act or of any other Act, except in the centre part of the street, unless in the case of a street with houses only on one side of such street. 31. And be it enacted, That nothing herein or in any other Act contained shall be deemed or construed to authorize any hackney carriage to stand or ply for hire opposite to the General Post Office in Saint Martin’s-le-Grand, London, or any part thereof. 32. And be it enacted, That it shall be lawful for the Court of mayor and aldermen of the city of London, within the city of London and the liberties thereof, and the borough of Southwark, to make regulations for enforcing order at the places at which metropolitan stage carriages shall call or ply for passengers, and for fixing the time during which each such carriage shall be Punishment for furious driving and wilful mis- behaviour. Standings for hackney car- riages to be appointed. [Standings are now regulated under 13 & 14 Pict. c. 7, 8.4.] Standings to be in the centre of streets. Hackney carriages not to ply opposite General Post Office. Lord Mayor and aldermen to make regu- lations with respect to carriages, &c. 170 APPENDIX. in the city and the Dorough. Penalty on drivers of hackney car- riages, or drivers or conductors of metropolitan stage car- riages, for loitering or causing any obstruction, or plying for hire by making any noise, &c. Proprietors may be sum- moned to appear, and to produce the driver or conductor. allowed to remain at any such place; and every driver or con- ductor of a metropolitan stage carriage who shall wilfully disregard or not conform himself to such regulations shall forfeit the sum of forty shillings. 33. And be it enacted, That every driver of a hackney carriage who shall ply for hire elsewhere than at some standing or place appointed for that purpose, or who by loitering or by any wilful misbehaviour shall cause any obstruction in or upon any public street, road, or place, and also every driver or conductor of any metropolitan stage carriage who by loitering or any wilful mis- behaviour shall cause any obstruction in or upon any public street, road, or place, or shall improperly delay such carriage on any journey, or wilfully deceive any person in respect to the route or destination thereof, or who shall refuse to admit and carry at the lawful fare any passenger for whom there is room, and to whose admission no reasonable objection is made, or who shall demand more than the legal fare for any passenger, or who, for the purpose of taking up or setting down a passenger, or, except in case of accident or other unavoidable necessity, shall stop such carriage opposite to the end of any street, or upon any place where foot passengers usually cross the carriageway, or who shall ply for hire or passengers by blowing a horn, or by using any other noisy instrument within the limits of the metropolis as defined by the said Act of the second year of the reign of his late Majesty, and every conductor of a metropolitan stage carriage who shall allow any person beside himself to ride upon the steps or in the place provided for him, and every driver of a hackney carriage, whether hired or unhired, allowing any person besides himself, not being the hirer or a person employed by such hirer, to ride on the driving box, and every driver or conductor of any metropolitan stage carriage who shall smoke whilst acting in such capacity, after an objection taken by any person riding in or upon such carriage, shall for every such offence forfeit the sum of twenty shillings. 35. And be it enacted, That when any complaint shall be made before any justice of the peace against the driver of any hackney carriage, or the driver or the conductor of any metropolitan stage carriage, for any offence committed by him against the provisions of this Act, or of the recited Act of his late Majesty, or of any order or regulations made in pursuance of this Act, it shall be lawful for such justice, if he shall think proper, forthwith to summon the proprietor of such carriage to produce before him, or such other justice of the peace as shall be then present, the driver or conductor by whom such offence was committed, to answer such complaint ; and in case such proprietor, after being duly summoned, shall fail to produce the driver or conductor, it shall be lawful for the justice of the peace before whom such driver or conductor should be produced (if he shall think fit) to proceed, in the absence of such driver or conductor, to hear and determine the case in the same manner as if he had been produced, and to adjudge payment by the proprietor of any penalty or sum of money and costs in which the driver shall be convicted; and any sum of money which shall be so paid by the proprietor shall be recovered in a summary way from the driver or conductor by whose default such sum shall have been paid upon proof of payment thereof, pursuant to the order of the justice, and upon proof of Service of the notice herein- HACKNEY CARRIAGES (LONDON) ACT, 1843. 171 after mentioned: Provided always, that if the justice of the peace shall deem it proper, it shall be lawful for him when such proprietor shall fail to produce his driver or conductor, without any satisfactory excuse to be allowed by such justice, to impose a fine of forty shillings upon such proprietor, and so from time to time as often as he shall be summoned in respect of such complaint until he shall produce his driver and conductor; and every proprietor So summoned to produce his driver or conductor shall cause to be given to such driver or conductor, or to be left at the abode speci- fied in his licence, or (if such licence shall expire after the offence committed and before the hearing of the complaint) at his usual place of abode, a written notice of the time and place when and where such driver or conductor shall be required to attend; and if such driver or conductor shall not attend according to such notice, it shall be lawful for a justice of the peace to issue a warrant for his apprehension, and if after such notice any driver or conductor shall, without a reasonable excuse to be allowed by the justice, neglect or refuse to attend at the time and place therein men- tioned, or (having previously left the service of the proprietor so summoned as aforesaid) shall not at the time and place of his attendance produce his licence, he shall forfeit the sum of forty shillings, and so from time to time as often as he shall so neglect or refuse. 36. And be it enacted, That it shall be lawful for any magistrate specially appointed under the authority of the said Act of the reign of his late Majesty for the purpose of hearing and determining offences against the provisions of that Act, or for such other magis- trate as shall be in attendance at the office appointed in that behalf, to hear and determine any complaint for any offence against the provisions of this Act, or of any Act now in force or hereafter to be in force, wheresoever the cause of complaint may arise, within the city of London or the liberties thereof, or elsewhere within the limits of this Act, so far as the same shall relate to hackney car- riages or to metropolitan stage carriages . . . . in like manner as if such provisions had been included in the aforesaid Act. 37. And be it enacted, That upon the hearing of any complaint made under the provisions of this Act or the recited Act passed in the reign of his late Majesty, or of the orders and regulations afore- said, it shall be lawful for the justice of the peace by whom the same shall be heard to examine and take the evidence of the in- formant or complainant in any dispute concerning the amount of fare paid or demanded by either party, or in any dispute between the proprietor and driver or conductor of any hackney carriage or metropolitan stage carriage concerning the wages of such driver or conductor, or in any complaint of personal injury done to the complainant by the driver of any hackney carriage or metropolitan stage carriage, or in any case in which the informant or com- plainant shall be entitled to no pecuniary advantage besides his costs and expences, or, being entitled to some compensation or pecuniary advantage, shall either give up all claim to the same, or shall not be the only witness in the case. 38. And be it enacted, That all complaints under the provisions of the said recited Act of the reign of his late Majesty or of this Act, or of the orders and regulations made in pursuance of either of them, except such as shall be made by the direction of the Commis- In case of proprietors failing so to do. Magistrates empowered to hear and determine complaints. Evidence of complainant to be taken. Complaints to be made within seven days, 172 APPENDIX, Penalties may be awarded to be paid by instalments. In case of non-payment the party may be imprisoned. Proviso. In what manner goods distrained under this Act shall be sold. sioners of Stamps and Taxes, and except in cases where some other term of limitation is specially provided by this Act, shall be made within seven days next after the day on which the cause of complaint shall have arisen. 39. And be it enacted, That it shall be lawful for any justice of the peace to hear and determine all complaints under the provisions of this Act or of the said recited Act of the reign of his late Majesty, and to adjudge the payment of any penalty or of any sum of money under either of the said Acts, or of the orders and regula- tions made pursuant to either of them, and to order payment of the same, with or without costs, either immediately, or at such time and place, and by such instalments, as he shall think fit; and in case of non-payment of the sum so ordered to be paid, or of any one instalment thereof, to adjudge the party making default to be imprisoned in the common gaol or house of correction for any term not exceeding two calendar months, with or without hard labour, such imprisonment to cease on payment of the sum so adjudged or ordered to be paid, or to issue his warrant for the levying of any such sum of money, together with the costs and expences of such warrant or of levying the same, on the goods of the party making default, and to cause sale to be made of such goods in case they shall not be redeemed within five days, rendering to the party the overplus (if any), and where goods of such party making default cannot be found sufficient to answer the penalty or sum ordered to be paid, and all such costs and expences, to commit such party to prison, there to remain for any time not exceeding two calendar months, unless such penalty or sum of money, and all such costs and expences, shall be sooner paid; and every such imprisonment shall be with or without hard labour as such justice shall direct: Provided always, that no imprisonment for non-payment of any sum ordered to be paid on account of wages, or the earnings of any carriage, or of any deposit of money, shall be for a longer period than one calendar month, or with hard labour; and all proceedings whatsoever before any justice of the peace under any of the pro- visions of this Act or the recited Act of the reign of his late Majesty, and the judgment of the said justice thereon, shall be final and conclusive between the parties, and shall not be quashed or vacated for want of form, and shall not be removed by certiorari, or any other writ or process, into any superior Court. 40. And be it enacted, That in all cases where any goods or chattels distrained or otherwise seized or taken under any of the provisions of this Act or the recited Act of the latereign, are directed to be sold, the same shall be sold by public auction, and notice of the time and place of such sale shall be given to the owner of such goods or chattels, or left at his usual place of abode, three days at least prior to such sale : Provided always, that if the owner of any such goods or chattels shall give his consent in writing to the sale thereof at an earlier period than is by this Act or shall be by any such notice appointed for such sale, or in any other manner than is by this Act directed, it shall be lawful to sell such goods or chattels according to such consent : Provided also, that if the owner of such goods or chattels shall, at any time before the sale thereof, pay or tender to the person who by any warrant or other process shall be directed or authorized to cause such goods or chattels to be sold the sum which he shall by such HACKNEY CARRIAGES (LONDON) ACT, 1843. 173 warrant or process be directed to levy or raise by the sale of such goods or chattels, together with all reasonable costs and expences incurred, no sale of such goods or chattels shall be made. 41. And be it enacted, That for the purpose of serving summonses and other notices required by this or the recited Act of his late Majesty the usual place of abode of any driver, conductor, . . . . or of any person who, having been licensed as a driver, conductor, . . . . has neglected to return his metal ticket at the expiration of his licence, shall be deemed to be the place specified in the licence; and that it shall be lawful for any justice of the peace in all cases, upon complaint being made in respect of any matter within the meaning of this or of the recited Act of his late Majesty, or of the orders and regulations made in pursuance thereof, to issue his summons to require the attendance of the person complained of before the said justice, or any other justice, at a time and place to be appointed for that purpose, or to issue a warrant for the appre- hension of such person, either in the first instance, or after the issuing and service of such summons and the non-appearance of the party summoned; and every summons or other notice required by this Act shall be deemed to be duly served, provided the same, or a copy thereof, shall be either personally served or left at the usual place of abode of the party to whom it shall be directed, or if he shall be a party licensed under this or the recited Act of his late Majesty, then at the place of abode specified in his licence. 42. And be it enacted, That every person summoned as a witness to give evidence touching any matter to be heard under this Act or the recited Act of his late Majesty, who shall neglect or refuse to appear at the time and place for that purpose appointed by any justice of the peace, without a reasonable excuse to be allowed by such justice, or who shall appear but refuse to be examined or give evidence, shall forfeit the sum of five pounds. 43. And be it enacted, That every summons or warrant of distress which shall be had or taken against the proprietor of a hackney carriage or metropolitan stage carriage, for the default of the driver or conductor thereof, for the recovery of any penalty, compensation, or costs under the provisions of this Act, or such rules, orders, and regulations as aforesaid, may be drawn or made out according to the several forms contained in the schedule here- unto annexed, or to the effect thereof, with such changes as the case may require; and that every order, conviction, warrant, or other proceeding which shall be drawn, had, or issued under the pro- visions of this Act or of the recited Act of the reign of his late Majesty, or of such rules, orders, and regulations as aforesaid, shall be good and effectual without stating the facts in evidence, or more than the matter or offence in respect whereof such order, conviction, or other proceeding as aforesaid shall have been had, made, or issued. 44. And be it enacted, That in every case where there shall be more than one proprietor of any hackney carriage or metro- politan stage carriage, it shall be sufficient, in any information, summons, order, conviction, warrant, or any other proceeding under the provisions of this Act or of the said recited Act of the reign of his late Majesty, to name one of such proprietors without reference to any other or others of them, and to describe and proceed against him as if he were sole proprietor. Service of SUIn Idola SeS and other notices. Penalty on witnesses refusing to attend or to give evidence. Certain pro- ceedings to be drawn up according to the forms in the schedule. Broviding for cases where there are more pro- prietors than OD18. 174 APPENDIX. Power to mitigate penalties. Appropriation of penalties. Limitation of actions. Power to prevent ob- structions in the streets during public processions, &c. Power to regulate the route of per- Sons driving stage car- riages, &c. during divine service. 45. And be it enacted, That it shall be lawful for any justice of the peace by whom any person shall be convicted of any offence under this Act, or under the recited Act of his late Majesty, to lessen the penalty or term of imprisonment in such manner as he may think fit. 46. And be it enacted, That all penalties or sums of money ordered and adjudged within the Metropolitan Police District to be paid under this Act or the recited Act of his late Majesty, and not otherwise appropriated, shall be payable to her Majesty, and that all penalties or sums of money ordered and adjudged within the city of London or the liberties thereof to be paid under this Act or the recited Act of his late Majesty, and not otherwise appropriated, shall be payable to the Chamberlain of the city of London, in aid of the expences of the police of the said city. 47. And be it enacted, [see now the Public Awthorities Protection Act, 1893.] TOWNS POLICE CLAUSES ACT, 1847, (10 & 11 WICT. c. 89.) An Act for consolidating in one Act certain Provisions usually contained in Acts for regulating the Police of Towns. [22nd July, 1847.] And with respect to obstructions and nuisances in the streets, be it enacted as follows: 21. The Commissioners may from time to time make orders for the route to be observed by all carts, carriages, horses, and persons, and for preventing obstruction of the streets within the limits of the special Act, in all times of public processions, rejoicings, or illuminations, and in any case when the streets are thronged or liable to be obstructed, and may also give directions to the con- stables for keeping order and preventing any obstruction of the streets in the neighbourhood of theatres and other places of public resort, and every wilful breach of any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings. 22. É. application to the Commissioners by the minister or churchwardens or chapelwardens of any church, chapel, or other place of public worship within the limits of the special Act, the Commissioners may make Orders for regulating the route by which persons shall drive any cart or carriage, or cattle, or the manner in which they shall drive them, in the neighbourhood of such places of worship, during the hours of divine service on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast or thanks- giving, and any orders so made shall be printed and put up on or near the church, chapel, or place of public worship to which the same refer, and in Some conspicuous places near and leading thereto, and elsewhere as the Commissioners direct, and every wilful breach Towns POLICE CLAUSES ACT, 1847. 175 of any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings. 23. No proprietor of any stage carriage duly licensed to carry passengers for hire shall be liable to any penalty for any deviation from the route or line of route specified in his licence which the driver of such stage carriage makes in consequence of any regula- tion or direction made or given by the Commissioners. 28. Every person who in any street, to the obstruction, annoy- ance, or danger of the residents or passengers, commits any of the following offences, shall be liable to a penalty not exceeding forty shillings for each offence, or, in the discretion of the justice before whom he is convicted, may be committed to prison, there to remain for a period not exceeding fourteen days, and any constable or other officer appointed by virtue of this or the special Act shall take into custody, without warrant, and forthwith convey before a justice, any person who within his view commits any such offence; (that is to say,) [offences named which do not apply to vehicles, dºc., are omitted.] Every person who slaughters or dresses any cattle, or any part thereof, except in the case of any cattle over-driven which may have met with any accident, and which for the public Safety or other reasonable cause ought to be killed on the spot : Every person having the care of any waggon, cart, or carriage who rides on the shafts thereof, or who without having reins, and holding the same, rides upon such waggon, cart, or car- riage, or on any animal drawing the same, or who is at such a distance from such waggon, cart, or carriage as not to have due control over every animal drawing the same, or who does not, in meeting any other carriage, keep his waggon, cart, or carriage to the left or near side, or who in passing any other carriage does not keep his waggon, cart, or carriage on the right or off side of the road (except in cases of actual necessity, or some sufficient reason for deviation), or who, by obstructing the street, wilfully prevents any person or carriage from passing him, or any waggon, cart, or carriage under his care: Bvery person who at one time drives more than two carts or waggons, and every person driving two carts or waggons who has not the halter of the horse in the last cart or waggon securely fastened to the back of the first cart or waggon, or has such halter of a greater length from such fastening to the horse's head than four feet : Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle: Every person who causes any public carriage, sledge, truck, or barrow, with or without horses, or any beast of burden, to stand longer than is necessary for loading or unloading goods, or for taking up or setting down passengers (except hackney carriages, and horses and other beasts of draught or burthen, standing for hire in any place appointed for that purpose by the Commissioners or other lawful authority), and every person who, by means of any cart, carriage, sledge, truck, or barrow, or any animal, or other means, wilfully interrupts any public crossing, or wilfully, causes any obstruction in any public footpath or other public thoroughfare: * Proprietors of stage carriages devi- ating from route by order free from penalty. Penalty on persons com- mitting any of the offences herein named. 176 APPENDIX. Hackney carriages to be licensed. "What to be hackney carriages. Fee to be paid for licence. Persons ap- plying for licence to sign a requisition for same. Every person who causes any tree or timber or iron beam to be drawn in or upon any carriage, without having sufficient means of safely guiding the same : Every person who leads or rides any horse or other animal, or draws or drives any cart or carriage, sledge, truck, or barrow upon any footway of any street, or fastens any horse or other animal so that it stands across or upon any footway: Every person who rolls or carries any cask, tub, hoop, or wheel, or any ladder, plank, pole, timber, or log of wood, upon any footway, except for the purpose of loading or unloading any cart or carriage, or of crossing the footway: And with respect to hackney carriages, be it enacted as follows:– - 37. The Commissioners may from time to time license to ply for hire within the prescribed distance, or if no distance is prescribed, within five miles from the general post office of the city, town, or place to which the special Act refers, (which in that case shall be deemed the prescribed distance,) such number of hackney coaches or carriages of any kind or description adapted to the carriage of persons as they think fit. 38. Every wheeled carriage, whatever may be its form or con- struction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all pro- ceedings at law or otherwise the term “hackney carriage” shall be sufficient to describe any such carriage: Provided always, that no stage coach used for the purpose of standing or plying for pas- sengers to be carried for hire at separate fares, and duly licensed for that purpose, and having thereon the proper numbered plates . required by law to be placed on such stage coaches, shall be deemed to be a hackney carriage within the meaning of this Act. 39. For every such licence there shall be paid to the clerk of the Commissioners, or other person appointed by them to receive the same, such sum as the Commissioners direct, not exceeding five shillings. 40. Before any such licence is granted a requisition for the same, in such form as the Commissioners from time to time provide for that purpose, shall be made and signed by the proprietor or one of the proprietors of the hackney carriage in respect of which such licence is applied for, and in every such requisition shall be truly stated the name and surname and place of abode of the person applying for such licence, and of every proprietor or part proprietor of such carriage, or person concerned, either solely or in partner- ship with any other person, in the keeping, employing, or letting to hire of such carriage; and any person who, on applying for such licence, states in such requisition the name of any person who is not a proprietor or part proprietor of such carriage, or who is not concerned as aforesaid in the keeping, employing, or letting to hire of such carriage, and also any person who wilfully omits to specify truly in such requisition as aforesaid the name of any person who TOWNS POLICE CLAUSES ACT, 1847. 177 is a proprietor or part proprietor of such carriage, or who is con- Cerned as aforesaid in the keeping, employing, or letting to hire of such carriage, shall be liable to a penalty not exceeding ten pounds. 41. In every such licence shall be specified the name and sur- name and place of abode of every person who is a proprietor or part proprietor of the hackney carriage in respect of which such licence is granted, or who is concerned, either solely or in partner- ship with any other person, in the keeping, employing, or letting to hire of any such carriage, and also the number of such licence which shall correspond with the number to be painted or marked on the plates to be fixed on such carriage, together with such other particulars as the Commissioners think fit. 42. Every licence shall be made out by the clerk of the Commis- Sioners, and duly entered in a book to be provided by him for that purpose, and in such book shall be contained columns or places for entries to be made of every offence committed by any proprietor or driver or person attending such carriage, and any person may at any reasonable time inspect such book without fee or reward. 43. Every licence so to be granted shall be under the common seal of the Commissioners, if incorporated, or if not incorporated, shall be signed by two or more of the Commissioners, and shall not include more than one carriage so licensed, and shall be in force for one year only from the day of the date of such licence, or until the next general licensing meeting, in case any general licensing day be appointed by the Commissioners. 44. So often as any person named in any such licence as the pro- prietor or one of the proprietors, or as being concerned either solely or in partnership with any person in the keeping, employing, or letting to hire of any such carriage, changes his place of abode, he shall, within seven days next after such change, give notice thereof in writing, signed by him, to the Commissioners, specifying in such notice his new place of abode ; and he shall, at the same time pro- What shall- be specified in the licences. Licences to be registered. Licence to be in force for One year only. Notice to be given by proprietors of hackney carriages of any change of abode. duce such licence at the office of the Commissioners, who shall, by their clerk, or some other officer, indorse thereon and sign a memo- randum specifying the particulars of such change; and any person named in any such licence as aforesaid as the proprietor, or one of the proprietors, of any hackney carriage, or as being concerned as aforesaid, who changes his place of abode, and neglects or wilfully omits to give notice of such change, or to produce such licence in order that such memorandum as aforesaid may be indorsed thereon within the time and in the manner limited and directed by this or the special Act, shall be liable to a penalty not exceeding forty shillings. 45. If the proprietor or part proprietor of any carriage, or any person so concerned as aforesaid, permits the same to be used as a hackney carriage plying for hire within the prescribed distance without having obtained a licence as aforesaid for such carriage, or during the time that such licence is suspended as hereinafter pro- vided, or if any person be found driving, standing, or plying for hire with any carriage within the prescribed distance, for which such licence as aforesaid has not been previously obtained, or with- out having the number of such carriage corresponding with the number of the licence openly displayed on such carriage, every B. N Penalty for plying for hire without a licence. 178 * APPENDIX. Drivers not to act without first obtaining a licence. Benalty on drivers acting without licence. Proprietor to retain licence of drivers - when in his employ, and to produce the same when summoned. Justices may indorse con- victions upon licences. Benalty on proprietors for neglect. Proprietor to return licence to drivers when quitting his service if they behave well, if other- wise, pro- prietors to summon them. Compensation in case of licence being improperly withheld. Ticences to be suspended or revoked for misconduct. such person so offending shall for every such offence be liable to a penalty not exceeding forty shillings. 46. No person shall act as driver of any hackney carriage licensed in pursuance of this or the special Act to ply for hire within the prescribed distance without first obtaining a licence from the Commissioners, which licence shall be registered by the clerk to the Commissioners, and a fee of one shilling shall be paid for the same ; and every such licence shall be in force until the Same is revoked, except during the time that the same may be Suspended as after mentioned. - 47. If any person acts as such driver as aforesaid without having obtained such licence or during the time that his licence is sus- pended, or if he lend or part with his licence, except to the pro- prietor of the hackney carriage, or if the proprietor of any such hackney carriage employ any person as the driver thereof who has not obtained such licence, or during the time that his licence is suspended, as hereinafter provided, every such driver and every such proprietor shall, for every such offence, respectively be liable to a penalty not exceeding twenty shillings. - 48. In every case in which the proprietor of any such hackney carriage permits or employs any licensed person to act as the driver thereof, such proprietor shall cause to be delivered to him, and shall retain in his possession, the licence of such driver while such driver remains in his employ; and in all cases of complaint, where the proprietor of a hackney carriage is summoned to attend before a justice, or to produce the driver, the proprietor so summoned shall also produce the licence of such driver, if he be then in his employ; and if any driver complained of be adjudged guilty of the offence alleged against him, such justice shall make an indorsement upon the licence of such driver, stating the nature of the offence and the amount of the penalty inflicted; and if any such proprietor neglect to have delivered to him and to retain in his possession the licence of any driver while such driver remains in his employ, or if he refuse or neglect to produce such licence as aforesaid, such pro- prietor shall for every such offence be liable to a penalty not exceeding forty shillings. 49. When any driver leaves the service of the proprietor by whom he is employed without having been guilty of any misconduct, such proprietor shall forthwith return to such driver the licence belonging to him ; but if such driver have been guilty of any mis- conduct, the proprietor shall not return his licence, but shall give him notice of the complaint which he intends to prefer against him, and shall forthwith Summon such driver to appear before any justice to answer the Said complaint; and such justice, having the necessary parties before him, shall inquire into and determine the matter of complaint, and if upon inquiry it appear that the licence of such driver has been improperly withheld, such justice shall direct the immediate redelivery of such licence, and award such sum of money as he thinks proper to be paid by such proprietor to such driver by way of compensation. - 50. The Commissioners may, upon the conviction for the second time of the proprietor or driver of any such hackney carriage for any offence under the provisions of this or the special Act with respect to hackney carriages, or any bye law made in pursuance TOWNS POLICE CLAUSES ACT, 1847. 179 thereof, suspend or revoke, as they deem right, the licence of any Such proprietor or driver. 51. No hackney carriage shall be used or employed or let to hire, or shall stand or ply for hire within the prescribed distance, unless the number of persons to be carried by such hackney carriage, in words at length, and in form following, (that is to say,) “To carry persons,” be painted on a plate placed on some conspicuous place on the outside of such carriage, and in legible letters, so as to be clearly distinguishable from the colour of the ground whereon the same are painted, one inch in length, and of a proportionate breadth; and the driver of any such hackney carriage shall not be required to carry in or by such hackney carriage a greater number of persons than the number painted thereon. 52. If the proprietor of any hackney carriage permit the same to be used, employed, or let to hire, or if any person stand or ply for hire with such carriage, without having the number of persons to be carried thereby painted and exhibited in manner aforesaid, or if the driver of any such hackney carriage refuse, when required by the hirer thereof, to carry in or by such hackney carriage the number of persons painted thereon, or any less number, every pro- prietor, or driver so offending shall be liable to a penalty not exceeding forty shillings. 53. Any driver of a hackney carriage standing at any of the stands for hackney carriages appointed by the Commissioners, or in any street, who refuses or neglects, without reasonable excuse, to drive such carriage to any place within the prescribed distance, or the distance to be appointed by any bye law of the Commis- sioners, not exceeding the prescribed distance, to which he is directed to drive by the person hiring or wishing to hire such carriage, shall for every such offence be liable to a penalty not exceeding forty shillings. 54. If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree beforehand with any person hiring such hackney carriage to take for any job a sum less than the fare allowed by this or the special Act, or any bye law made thereunder, such ploprietor or driver shall be liable to a penalty not exceeding forty shillings if he exact or demand for such job more than the fare so agreed upon. 55. No agreement whatever made with the driver, or with any person having or pretending to have the care of any such hackney carriage, for the payment of more than the fare allowed by any bye law made under this or the special Act, shall be binding on the person making the same, and any such person may, notwith- standing such agreement, refuse, on discharging such hackney carriage, to pay any sum beyond the fare allowed as aforesaid, and if any person actually pay to the driver of any such hackney carriage, whether in pursuance of any such agreement or otherwise, any sum exceeding the fare to which such driver was entitled, the person paying the same shall be entitled, on complaint Imade against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall be liable to a penalty for such exaction not exceeding the sum of forty shillings, and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any Number of persons to be carried in a hackney carriage to be painted thereon. Penalty for neglect or for refusal to carry the prescribed Inumber. Penalty on driver for refusing to drive. Penalty for demanding more than the sum agreed for, though less than the legal fare. Agreement to pay more than the legal fare not to be binding, and Sum paid beyond the proper fare may be re- covered back. N 2 180 APPENDIX, Driver to carry, under an agreement for a discre- tionary dis- tance, the distance to which hirer is entitled for the fare. Deposit to be made for carriages waiting. Penalty on the driver refusing to wait, or to account for the deposit. Overcharge by hackney coachmen, &c. to be included in conviction, and returned to aggrieved party. Denalty for permitting persons to ride without consent of the hirer. No person to act as driver of any car- riage without the consent of the proprietor. Penalty on drivers mis- behaving. time not exceeding one month, unless the said excess of fare and the said penalty be sooner paid. 56. If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree with any person to carry in or by such hackney carriage persons not exceeding in number the number so painted on such carriage as aforesaid, for a distance to be in the discretion of such proprietor or driver, and for a sum agreed upon, such proprietor or driver shall be liable to a penalty not exceeding forty shillings if the distance which he carries such persons be under that to which they were entitled to be carried for the sum so agreed upon according to the fare allowed by this or the special Act, or any bye law made in pursuance thereof. 57. When any hackney carriage is hired and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer his fare for driving to such place, and also a sum equal to the fare of such carriage for the period, as a deposit over and above such fare, during which he is required to wait as aforesaid, or if no fare for time be fixed by the bye laws, then the sum of one shilling and sixpence for every half hour during which he is so required to wait, which deposit shall be accounted for by such driver when such hackney carriage is finally discharged by such hirer; and if any such driver who has received any such deposit as aforesaid refuses to wait as aforesaid, or goes away or permits such hackney carriage to be driven or taken away without the consent of such hirer, before the expiration of the time for which such deposit was made; or if such driver on the final discharge of such hackney carriage refuse duly to account for such deposit, every such driver so offending shall be liable to a penalty not exceeding forty shillings. 58. Every proprietor or driver of any such hackney carriage who is convicted of taking as a fare a greater sum than is authorized by any bye law made under this or the special Act shall be liable to a penalty not exceeding forty shillings, and such penalty may be re- covered before one justice; and in the conviction of such proprietor or driver an order may be included for payment of the sum so over- charged, over and above the penalty and costs; and such overcharge shall be returned to the party aggrieved, whose evidence shall be admissible in proof of the said offence. 59. Any proprietor or driver of any such hackney carriage which is hired who permits or suffers any person to be carried in or upon or about such hackney carriage during such hire, without the ex- press consent of the person hiring the same, shall be liable to a penalty not exceeding twenty shillings. 60. No person authorized by the proprietor of any hackney car- riage to act as driver of such carriage shall suffer any other per- son to act as driver of such carriage without the consent of the proprietor thereof, and no person, whether licensed or not, shall act as driver of any such carriage without the consent of the proprietor, and any person so suffering another person to act as driver, and any person so acting as driver without such consent as aforesaid, shall be liable to a penalty not exceeding forty shillings for every such offence. 61. If the driver or any other person having or pretending to have the care of any such hackney carriage be intoxicated while driving, or if any such driver or other person by wanton and Towns POLICE CLAUSES ACT, 1847. 181 furious driving, or by any other wilful misconduct, injure or en- danger any person in his life, limbs, or property, he shall be liable to a penalty not exceeding five pounds, and in default of payment thereof the justice before whom he is convicted of such offence may commit him to prison, there to remain for any time not exceeding two months. 62. If the driver of any such hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage and deposit it, and the horse or horses harnessed thereto, at some neighbourin livery stable or other place of safe custody; and such driver shall be liable to a penalty not exceeding twenty shillings for such offence, and in default of payment of the said penalty upon con- viction, and of the expences of taking and keeping the said hackney carriage and horse or horses, the same, together with the harness belonging thereto, or any of them, shall be sold by order of the justice before whom such conviction is made, and after deducting from the produce of such sale the amount of the said penalty, and of all costs and expences, as well of the proceedings before such justice as of the taking, keeping, and sale of the said hackney car- riage, and of the said horse or horses and harness, the surplus (if any) of the said produce shall be paid to the proprietor of such hackney carriage. 63. In every case in which any hurt or damage has been caused to any person or property as aforesaid by the driver of any carriage let to hire, the justice before whom such driver has been convicted may direct that the proprietor of such carriage shall pay such a sum not exceeding five pounds as appears to the justice a reason- able compensation for such hurt or damage ; and every proprietor who pays any such compensation as aforesaid may recover the same from the driver, and such compensation shall be recoverable from such proprietor, and by him from such driver, as damages. 64. Any driver of any hackney carriage who suffers the same to stand for hire across any street or alongside of any other hackney carriage, or who refuses to give way, if he conveniently can, to any other carriage, or who obstructs or hinders the driver of any other carriage in taking up or setting down any person into or from such other carriage, or who wrongfully in a forcible manner pre- vents or endeavours to prevent the driver of any other hackney carriage from being hired, shall be liable to a penalty not exceeding twenty shillings. 65. If the driver of any such hackney carriage be summoned, or brought before any justice to answer any complaint or information touching or concerning any offence alleged to have been committed by such driver against the provisions of this or the special Act, or any bye law made thereunder, and such complaint or information be afterwards withdrawn or quashed or dismissed, or if such driver be acquitted of the offence charged against him, the said justice, if he think fit, may order the complainant or informant to pay to the said driver such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice seems reasonable, and in default of payment of such compensation, the said justice may commit such com- Benalty for leaving carriages un- attended at places of public resort. Damage done by driver may be recovered from the proprietor. Improperly standing with carriage; re- fusing to give way to, or obstructing any other driver; or depriving him of his fare. Justices em- powered to award com- pensation to drivers for loss of time in attending to answer complaints not sub- stantiated. 182 APPENDIX. Penalty for refusing to pay the fare. Penalty for damaging Carriage. Commis- Sioners may make bye- laws for regulating hackney carriages. plainant or informant to prison for any time not exceeding one month, unless the same shall be sooner paid. 66. If any person refuse to pay on demand to any proprietor or driver of any hackney carriage the fare allowed by this or the special Act, or any bye law made thereunder, such fare may, together with costs, be recovered before one justice as a penalty. 67. Any person using any hackney carriage plying under a licence granted by virtue of this or the special Act, who wilfully injures the same, shall for every such offence be liable to a penalty not exceed- ing five pounds, and shall also pay to the proprietor of such hackney carriage reasonable satisfaction for the damage sustained by the same ; and such satisfaction shall be ascertained by the justices before whom the conviction takes place, and shall be recovered by the same means as the penalty. 68. The Commissioners may from time to time (subject to the restrictions of this and the special Act) make bye laws for all or any of the purposes following; (that is to say,) For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their Several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling: For regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed: For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage, and what number of horses or other animals is to draw the same, and the placing of check strings to the carriages, and the holding of the same by the driver, and how such hackney carriages are to be furnished or provided : IFor fixing the stands of such hackney carriages and the distance to which they may be compelled to take passengers, not exceed- ing the prescribed distance: For fixing the rates or fares, as well for time as distance, to be paid for such hackney carriages within the prescribed distance, and for securing the due publication of such fares: For securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof. METROPOLITAN CARRIAGES ACT, 1850, 183 METROPOLITAN CARRIAGES ACT, 1850. (13 & 14 WICT. c. 7.) An Act for consolidating the Office of the Registrar of Metro- politan Public Carriages with the Office of Commissioners of Police of the Metropolis, and making other Provisions in regard to the Consolidated Offices. [25th March, 1850.] 2. And be it enacted, That all the jurisdiction, powers, autho- rities, privileges, interests, and duties now vested in or exercised by the office of registrar of metropolitan public carriages hereby abolished shall be transferred to and vested in and shall hereafter be exercised by the Commissioners of Police of the metropolis, in as full and ample a manner to all intents and purposes as they were vested in and might have been exercised by the said registrar of metropolitan public carriages. 3. And be it enacted, That it shall be lawful for the Commis- Sioners of her Majesty’s Treasury, and they are hereby empowered, to grant such retiring allowances and compensation as under the circumstances of the case they may deem reasonable and proper to any officer or person who may be deprived of his office or employ- ment, or be superseded under the provisions of this Act; and all such retiring allowances and compensations shall be paid by the Commissioners of Inland Revenue out of any moneys to arise from any of the duties under their care and management. 4. And be it enacted, That it shall be lawful for the said Com- missioners of Police from time to time to appoint standings for hackney carriages at such places as they shall think convenient in any street, thoroughfare, or place of public resort within the Metropolitan Police District, any law, statute, or custom to the contrary thereof notwithstanding, and at their discretion to alter the same, and from time to time to make regulations concerning the boundaries of the same, and the number of carriages to be allowed at any such standing, and the times at and during which they may stand and ply for hire at any such standing, and also from time to time to make such regulations as the said Commissioners shall deem proper for enforcing order at every such standing, and for removing any person who shall unnecessarily loiter or remain at or about any such standing; and the said Commissioners shall cause all the orders and regulations to be made by them as aforesaid to be advertised in the London Gazette, and a copy thereof, signed by one of the said Commissioners, to be hung up for public inspection in the office of the Commissioners of Police in the City of West- minster and at each of the police courts, and such copy shall be received in evidence in the said courts as if it were the original of which it purports to be a copy, and shall be taken to be a true copy of Such original order or regulation, without further proof than the signature of the said Commissioner. 7. And be it enacted, That all things herein authorized to be done by the Commissioners of Police of the metropolis shall be done by such one of the said Commissioners as one of her Majesty's prin- Duties of abolished office trans- ferred to Com- missioners of Police. Retiring allowances may be granted to officers whose office abolished. Standings for hackney carriages to be appointed. One Police Commissioner may act, 184 APPENDIX. cipal secretaries of state shall from time to time be pleasod to appoint. This Act to 8. And be it enacted, That this Act shall be construed as one be construed Act with the said Act passed in the seventh year of the reign of With 6 & 7 her Majesty Queen Victoria, intituled An Act for regulating Vict, 8: 86. Hackney and Stage Carriages in and near London, and that all the provisions of the said Act, except so far as is herein otherwise provided, shall extend to this Act, and to all things done in execu- tion of this Act. HACKNEY AND STAGE CARRIAGES (LONDON) ACT, 1853. (16 & 17 WICT. c. 33.) An Act for the better Regulation of Metropolitan Stage and Hackney Carriages, and for prohibiting the Use of advertis- &ng Vehicles. [28th June, 1853.] WHEREAs it is desirable to improve the condition of the metro- politan stage and hackney carriages, and to alter and amend the system of licensing such carriages: Be it therefore enacted by the Queen’s most excellent Majesty, by and with the advice and con- sent of the lords spiritual and temporal and commons, in this present Parliament assembled, and by the authority of the same, That— Persons de- 1. From and after the first day of October next every person sirous of desirous of obtaining a licence to keep, use, and let to hire any obtaining a metropolitan stage or hackney carriage within the limits of this ligence to keep Act must apply in writing to the Commissioners of Police of the a hackney metropolis, in order that they may cause an inspection to be made *E* * of every carriage to be kept, used, or let to hire by virtue of such ;...". licence, and upon such application the said Commissioners shall É.- cause an inspection to be made of every such carriage, and if such j carriage or carriages shall be found by the said Commissioners to be who, if a...' in a fit and proper condition for public use they shall grant a certi- riage is found ficate to that effect, and shall specify in such certificate the number fit, shall grant of persons to be carried in and by such carriage, in the form given a certificate. in Schedule (B.) to this Act annexed, and upon production of such certificate at the office of the Board of Inland Revenue, a licence No licence to shall be granted; but it shall not be lawful for the said Board of be granted by Inland Revenue to grant or issue any licence for any metropolitan Board of In- stage or hackney carriage, within the limits of this Act, unless the lºvenile person applying for the same shall produce such certificate as withgut such aforesaid. certificate. 2. It shall be lawful for the said Commissioners of Police to cause Commission- an inspection to be made, as often as they deem it necessary, of all ers of Police metropolitan stage and hackney carriages, and of the fiorse or Imay cause horses used in drawing the same, within the limits of this Act; * &c. and if any such carriage, or the horse or horses used in drawing HACKNEY AND STAGE CARRIAGES (LONDON) ACT, 1853. 185 the same, shall at any time be in a condition unfit for public use, the said Commissioners shall give notice in writing accordingly to the proprietor thereof, which notice shall be personally served on such proprietor, or delivered at his usual place of residence; and if, after notice as aforesaid, any proprietor shall use or let to hire such carriage as a metropolitan stage or hackney carriage, or use or let to hire such horse or horses whilst in a condition unfit for public use, the said Commissioners shall have power to suspend, for such time as they may deem proper, the licence of the proprietor of such carriage, and to recall and take away the Stamp Office plate belonging to the same, and to retain the same during the suspen- sion of such licence; and a notice shall be given to the Board of Inland Revenue, according to the form in the Schedule (C.) to this Act annexed, in every case by the said Commissioners of the sus- pension of any such licence, and of the time for which it is suspended. 3. Every proprietor or driver of a metropolitan stage or hackney carriage who shall use or let to hire within the limits of this Act any carriage as a metropolitan stage or hackney carriage which has not been certified by the said Commissioners of Police to be in a fit and proper condition for public use, or who shall use or let to hire within the limits of this Act any carriage as a metropolitan stage or hackney carriage for which such a certificate had been granted, after notice given to him as hereinbefore required by the said Commissioners that such carriage was no longer in a fit and proper condition for public use, shall be liable to a penalty not exceeding three pounds for each day that he shall so use or let to hire such carriage. 4. The proprietor or driver of any hackney carriage within the limits of this Act shall be entitled to demand and take for the hire of such carriage the fares set forth in the Schedule (A.) to this Act annexed: Provided always, that when the proprietor or driver of any hackney carriage to be paid a fare calculated according to the distance shall be required by the hirer thereof to stop such carriage for fifteen minutes, or for any longer time, it shall be lawful for the proprietor or driver to demand and receive from the hirer so requiring him to stop a further sum (above the fare to which he shall be entitled, calculated according to the distance) of sixpence for every fifteen minutes completed that he shall have been so stopped; and no proprietor or driver shall demand or receive over and above the said fare any sum, for or by way of back fare, for the return of such carriage from the place at which such carriage shall be discharged. 5. The proprietor of every hackney carriage within the limits of this Act shall put up, and at all times keep, distinctly painted or marked, in such a manner and in such a position as shall be directed by the said Commissioners of Police, both on the inside and outside of such hackney carriage, the amount of fare according to distance and time which may legally be demanded and taken from the hirer of such carriage; and the driver of every hackney carriage within the limits of this Act shall have with him at all times when plying for hire a book or table in such form as shall be directed by the said Commissioners of Police of the fares for the hire of such carriage, which book or table the driver shall produce when re- quired for the information of any person hiring or intending to hire such carriage. spected, and if not in fit condition may suspend licences, and recall Stamp Office plate. Notice to be given to In- land Revenue. Penalty for using carriage not in fit condition. As to rates and fares to be taken for hackney carriages. No back fare to be taken or demanded. Table of fares to be put up distinctly inside and outside of hackney carriages. Driver to produce book of fares when required. 186 APPENDIX. As to settle- ment of disputes as to distances. As to distance drivers of hackney car- riages shall be required to drive. Driver to deliver a ticket to hirer of carriage. Number of persons to be carried to be painted or marked on hackney carriage. As to quantity of luggage to be carried; without extra charge. Property left in hackney carriages to be deposited at the police office. Benalty on driver for default. 6. In case of disputes as to the fare to be calculated according to the distance, any table or book signed by the said Commissioners of Police shall, on proof of such signature, be deemed and takon to be conclusive evidence of all the distances therein stated to have been measured by the authority of the said Commissioners of Police; and it shall be lawful for the said Commissioners to cause to be placed or erected at the several standings for hackney carriages or elsewhere within the Metropolitan District, as they may deem con- venient, tables of distances and fares, and such other information as may be useful to persons hiring such carriage. 7. The driver of every hackney carriage which shall ply for hire at any place within the limits of this Act shall (unless such driver have a reasonable excuse, to be allowed by the justice before whom the matter shall be brought in question,) drive such hackney carriage to any place to which he shall be required by the hirer thereof to drive the same, not exceeding six miles from the place where the same shall have been hired, or for any time not excecding one hour from the time when hired : Provided always, that when any hackney carriage shall have been hired by time, the driver thereof may be required to drive at any rate not exceeding four miles within one hour, and if the driver of such carriage shall be required to drive more than four miles within one hour, then in every such case the driver thereof shall be entitled to demand, in addition to the fare regulated by time in Schedule (A.) to this Act annexed, for every mile or any part thereof exceeding four miles, the fare regulated by distance as set forth in the same schedule. 8. Every driver of a hackney carriage within the limits of this Act shall, on each occasion when such carriage shall be hired, deliver to the hirer thereof a card, on which shall be printed, in legible letters and figures, the words “hackney carriage,” and the number of the Stamp Office plate fixed on such hackney carriage, or such other words or figures as the said Commissioners of Police may direct. 9. The proprietor of every hackney carriage within the limits of this Act shall put up and at all times keep distinctly painted or marked on such carriage, in such a manner and in such a position as shall be directed by the said Commissioners of Police, the number of persons to be carried thereby as specified in the certificate granted by the said Commissioners for such hackney carriage, and the driver of any such hackney carriage shall, if required by the hirer thereof, carry in and by such carriage the number of persons painted or marked thereon, or any less number of persons. 10. The driver of every hackney carriage within the limits of this Act shall carry in or upon such carriage a reasonable quantity of luggage for every person hiring such carriage without any addi- tional charge, except as provided in Schedule (A.) to this Act annexed. 11. The driver of every hackney carriage within the limits of this Act wherein any property shall be left by any person shall within twenty-four hours carry such property, if not sooner claimed by the owner thereof, in the state in which he shall find the same, to the nearest police station, and shall there deposit and leave the same with the inspector or other officer on duty, upon pain that every such driver making any default herein shall be liable to a penalty not more than ten pounds, or at the discretion of the HACKNEY AND STAGE CARRIAGES (LONDON) ACT, 1853. 187 magistrate may be imprisoned for any time not exceeding one month; and the said officer with whom any such property shall be deposited shall forthwith enter in a book to be kept for that purpose the description of such property, and the name and address of the driver who shall bring the same, and the day on which it shall be brought; and the property so entered shall be returned to the person who shall prove, to the satisfaction of the Commissioners of Police, that the same belonged to him, such person previously paying all expenses incurred, together with such reasonable sum to the driver who brought the same as the said Commissioners shall award: Provided always, that if such property shall not be claimed by and proved to belong to some person within one year after the same shall have been deposited, the said Commissioners shall cause such property to be sold or otherwise disposed of, and the proceeds thereof to be paid over to the Receiver-General of Inland Revenue, to be carried to the public account, all expenses incurred about such property, together with such reasonable sum to the driver who brought the same as the said Commissioners shall award, being first paid thereout; and all property left by any passenger in any metro- politan stage carriage shall be given up to the conductor of such carriage, or, if there be no conductor, to the driver, upon pain of a penalty of ten pounds, to be paid by any person refusing or neglect- ing to give up any such property belonging to another person; and the conductor or driver of every such carriage to whom any such property shall be given up, or who shall himself find it in the carriage, shall within twenty-four hours carry the property, if not sooner claimed by the owner thereof, in the state in which he shall find the same to the nearest police station, and shall there deposit and leave the same with the inspector or other officer on duty, upon pain that every such driver or conductor making default herein shall be liable to a penalty not more than ten pounds, or at the discretion of the magistrate may be imprisoned for any time not exceeding one month; and the property so deposited by any conductor or driver shall be dealt with in the same manner as property left in hackney carriages and deposited by the drivers of such carriages. 12. It shall be lawful for the said Commissioners of Police from time to time to appoint a sufficient number of fit men to enforce good order at the standings for hackney carriages, and at the places at which metropolitan stage carriages or hackney carriages shall call or ply for passengers, and at such places of public resort within the metropolitan police district as they may deem necessary; and the said Commissioners may from time to time make such orders and regulations as they shall deem expedient, subject to the approval of one of her Majesty's principal Secretaries of State given in writing relative to the duties to be performed by such persons and the places at which each shall act; provided that the said Com- missioners shall not have authority to appoint any such person to act within or upon the premises belonging to any railway company unless with the consent of the directors of the company. Property not claimed to be disposed of. Penalty on refusing or neglecting to give up pro- perty left in stage carriages. Commis- Sioners of Police to appoint per- Sons to enforce good order at hackney carriage stands, &c. 13. The said Commissioners of Police, subject to the approbation Power to of the Commissioners of her Majesty's Treasury, shall appoint wages to be paid to the said persons appointed by them to keep good order at the standings for hackney carriages and at the places at which metropolitan stage carriages or hackney carriages shall call or ply Commis- sioners, with consent of Treasury, to pay wages to I88 APPENDIX. Such persons, and also to direct water rates to be paid. Lamps to be placed inside metropolitan stage car- Tiages. Printed bills, &c. not to be put on metro- politan stage or hackney carriages, so as to obstruct light, &c. Advertising vehicles, &c. prohibited. Drivers and conductors of metropolitan stage car- riages, and drivers of hackney car- riages, liable to penalties for offences herein named. for passengers, and at such places of public resort as they may deem necessary; and the said Commissioners shall also, in such cases as they think fit, direct the water rates and the expenses of the necessary apparatus for laying on the water at the standings for hackney carriages and at places where metropolitan stage carriages usually call or ply for hire to be paid. 14. The proprietor of every metropolitan stage carriage shall cause to be placed inside such carriage a lamp, in such a position and manner as shall be directed by the said Commissioners of Police; and the conductor, or if there be no conductor the driver, of such carriage shall keep the said lamp properly lighted whenever Such carriage shall be used to ply for hire or carry passengers at any time after Sunset and before sunrise. 15. It shall not be lawful for the proprietor of any metropolitan stage or hackney carriage to suffer any notice, advertisement, or printed bill, or any names, letters, or numbers, to appear upon the Outside of any such carriage in such a manner as to obstruct the light or ventilation of such carriage, or on the inside of any such carriage in such position that any such notice, advertisement, or printed bill shall obstruct the light or ventilation of such carriage or cause annoyance to any passenger therein. 16. It shall not be lawful for any person to carry about on any carriage or on horseback or on foot, in any thoroughfare or public place within the limits of this Act, to the obstruction or annoyance of the inhabitants or passengers, any picture, placard, notice, or advertisement, whether written, printed, or painted upon or posted or attached to any part of such carriage, or on any board, or otherwise. 17. The driver or conductor of any metropolitan stage carriage, or the driver of any hackney carriage, who shall respectively commit any of the following offences within the limits of this Act, shall be liable to a penalty not exceeding forty shillings for each offence . . . . . 1. Every driver of a hackney carriage who shall demand or take more than the proper fare as set forth in Schedule (A.) to this Act annexed, or who shall refuse to admit and carry in his carriage the number of persons painted or marked on such carriage or specified in the certificate granted by the said Commissioners of Police in respect of such carriage, or who shall refuse to carry by his carriage a reasonable quantity of luggage for any person hiring or intending to hire such carriage: 2. Every driver of a hackney carriage who shall refuse to drive such carriage to any place within the limits of this Act, not exceeding six miles, to which he shall be required to drive any person hiring or intending to hire such carriage, or who shall refuse to drive any such carriage for any time not exceeding one hour, if so required by any person hiring or intending to hire such carriage, or who shall not drive the same at a reasonable and proper speed, not less than six miles an hour, except in cases of unavoidable delay, or when required by the hirer thereof to drive at any slower pace : 3. Every driver of a hackney carriage who shall ply for hire with HACKNEY AND STAGE CARRIAGES (LONDON) ACT, 1853. 189 any carriage or horse which shall be at the time unfit for ublic use, or who shall refuse or neglect to deliver to the hirer of his carriage a ticket with the number of the Stamp Office plate on such carriage printed thereon. 18. It shall be lawful for any one of the police magistrates at any of the metropolitan police courts to hear and determine all offences against the provisions of this Act, and also all disputes or causes of complaint that may arise out of the same ; or if the offence, dispute, or cause of complaint shall be committed or occur in any place not comprised within the limits of a police court district, the same may be heard and determined by two justices of the peace for the county; or if the offence, dispute, or cause of complaint shall be committed or occur within the city of London, the same shall be heard and determined by one justice of the peace for the said city, or by a metropolitan police magistrate sitting at the police court in IBow Street; and in case of any dispute between the hirer and driver of any hackney carriage, the hirer may require the driver forthwith to drive to the nearest metropolitan police court or justice room, where complaint may be made to the magistrate then sitting, who shall hear and determine the same, without requiring any summons to be issued for that purpose; and if such dispute should arise at a time when the police court or justice room shall not be open, the hirer may require the driver to drive to the nearest police station or justice room, where the complaint shall be entered, and notice given to both parties that the matter in dispute shall be heard by the magistrate at his next sitting. 19. For every offence against the provisions of this Act for which no special penalty is hereinbefore appointed, the offender shall be liable to a penalty not exceeding forty shillings, or in default of payment be imprisoned. 20. All things herein authorized to be done by the said Commis- sioners of Police of the metropolis shall be done by such one of the said Commissioners as one of her Majesty’s principal Secretaries of State shall from time to time be pleased to appoint; and the words “the limits of this Act” shall include every part of the metropolitan police district and city of London. 21. This Act shall be construed as one Act with the Act passed in the seventh year of the reign of her Majesty Queen Victoria, chapter eighty-six, and the Act passed in the thirteenth year of the reign of her Majesty, chapter seven ; and all the provisions of the said Acts, except so far as is herein otherwise provided, shall extend to this Act, and to all things done in execution of this Act. [NOTE.-The fares in the schedule are amended by 16 & 17 Vict. c. 127, and are minimum fares. The fares may be raised by the Secretary of State by order wnder 32 & 33 Vict. c. 115, s. 9. An order as to fares has been made accordingly, and is dated 1896; see rules 24 to 28 inclusive.] - Power to police magis- trates or justices of the peace to hear and determine offences. In case of disputes the . hirer may require the driver to drive to a police court, &c. or to a police station. Penalty for offences against this Act for which no penalty is appointed. Meaning of certain words used in this Act. This Act to be construed with 6 & 7 Vict. c. 86, and 13 & 14 Vict. c. 7. 190 APPENDIX. 1s. a mile to be paid for every mile beyond the circumference of a circle 4 miles from Charing Cross , if carriage be discharged be- yond such cir- cumference. Where more than two persons are conveyed in a hackncy car- riage drawn by one horse, 6d. in addition to the fare to be paid for each person above two for the whole hiring. When carriage hired by time, 6d. to be paid for every fifteen minutes, or por- tion thereof, over the hour. IProprietors of hackney carriages withdrawing carriages from hire beyond a certain time liable to a penalty. HACKNEY CARRIAGES (LONDON) ACT, 1853. (16 & 17 WIOT. c. 127.) An Act to reduce the Duties payable in respect of Hackney Carriages used in the Metropolis, and to amend the Laws relating to the granting of Licences and Payment of Duties in respect of Metropolitan Stage and Hackney Carriages, and to make Provision as to the Charge for the Hire of Hackney Carriages in certain Cases. [20th August, 1853.] WHEREAs it is expedient to reduce the duties now payable in respect of hackney carriages used in the metropolis: Beit therefore enacted by the Queen's most excellent Majesty by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present Parliament assembled, and by the authority of the same, as follows: 13. It shall be lawful for the driver of any hackney carriage within the limits of this Act to charge one shilling per mile for every mile (or part of a mile) which he shall be required to drive beyond the circumference of a circle the radius of which shall be four miles from Charing Cross, provided such carriage shall be discharged beyond such circumference, anything contained in the thirty-third chapter of an Act of the sixteenth and seventeenth year of the reign of her present Majesty, or in the Schedule thereto, notwithstanding. 14. Whenever more than two persons shall be conveyed by any hackney carriage drawn by one horse only, a sum of sixpence for each person above the number of two shall be paid for the whole hiring in addition to the fare now directed to be paid for two persons under the said Act of the sixteenth and seventeenth year of the reign of her present Majesty, chapter thirty-three; and two children under ten years old shall be considered as one adult person for the purposes of this clause. 15. When any hackney carriage within the limits of this Act hired for a fare to be paid according to time shall be hired or used by the hirer thereof for any longer time than one hour, sixpence shall be paid for every fifteen minutes, or any portion of fifteen minutes not completed, above one hour. 16. The proprietor of every hackney carriage or metropolitan stage carriage licensed to ply for hire within the limits of this Act who shall withdraw his carriage from hire for two consecutive days, or for any two days in one week, without just cause, of which the magistrate before whom the complaint is heard shall be the judge, shall be liable to a penalty of a sum not exceeding twenty shillings in respect of every carriage for each day he shall so withdraw the same, and the licence of such proprietor shall be suspended or recalled and taken away at the discretion of the said Commissioners of Police : Provided always, that it shall be lawful for such pro- prietor, upon giving ten days' notice to the Commissioners of Police, to withdraw his carriage from hire. METROPOLITAN STREETS ACT, 1867. 191 17. The limits of this Act shall be deemed to be and to include every part of the metropolitan police district and the city of London; and all provisions of any former Act in force referring to hackney carriages licensed under the said Act of the first and second years of his late Majesty, or to hackney carriages kept, used, employed, or let to hire within the distance of five miles from the General Post Office in the city of London, or to any act, matter, or thing com- mitted or done in relation to such hackney carriages within the said distance, shall from and after the passing of this Act be deemed to refer and apply to hackney carriages licensed under this Act, or to hackney carriages kept, used, employed, or let to hire within the limits of this Act, and to any act, matter, or thing committed or done in relation to hackney carriages within the said limits. METROPOLITAN STREETS ACT, 1867. (30 & 31 WICT. c. 134.) An Act for regulating the Traffic in the Metropolis, and for making Provision for the greater Security of Persons passing through the Streets, and for other Purposes. [20th August, 1867.] WHEREAs it is expedient to make further provisions for regulating the traffie in the streets of the metropolis, and for the greater security of the inhabitants thereof: BEEU . Tłe it 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: Preliminary. 1. This Act may be cited for all purposes as “the Metropolitan Streets Act, 1867.” 2. In this Act “the metropolis” shall mean the city of London and all parishes and places for the time being within the jurisdic- tion of the Metropolitan Board of Works. 3. The following expressions for the purposes of this Act shall, unless the context requires a different construction, have the meanings hereinafter assigned to them ; that is to say, “Magistrate ’” shall, within the city of London and the liberties thereof, mean the Lord Mayor of the City of London, or any alderman of the said city, sitting alone or with others at the Mansion House or Guildhall, and in the rest of the metro- polis shall mean any metropolitan police magistrate: “Commissioner of Police,” beyond the limits of the city of London and the liberties thereof, shall mean ‘‘the Commis- sioner of Police of the Metropolis,” and within such limits “the Commissioner of the police force of the city of London and the liberties thereof: ” “The limits of this Act ’’ defined. Short title. Definition of ‘‘the metro- po * .” I)efinitions: “magis- trate: ” “‘Commis- sioner of Police: ” 192 APPENDIX. ** Street - ?? “‘Cattle.” General limits of Act. Special limits of Act. Prohibition of scavenger- ing except between cer- tain hours. As to the deposit of goods in streets within general limits of Act. Begulations as to metro- politan stage carriages. Prohibition of carriage of advertise- ments, except those ap- “Street” shall include any highway or other public place, whether a thoroughfare or not ; and any of the royal parks, gardens, and possessions which are managed by the Commis- sioners of her Majesty’s works and public buildings, in pursuance of the Act of the session of the fourteenth and fifteenth years of the reign of her present Majesty, chapter forty-two, shall, for the purposes of this Act, be deemed to be public places: The word “cattle” shall include bull, ox, cow, heifer, calf, sheep, goats, and Swine, also horses, mules, and asses, when led in a string or loose. 4. The expression “the general limits of this Act” shall mean such parts of the metropolis as are enclosed in a circle of which the centre is Charing Cross, and the radii are four miles in length, as measured in a straight line from Charing Cross: The expression “the special limits of this Act” shall mean such streets, and portions of streets as may be declared to be special limits in manner hereinafter provided. PART I. General Regulations. 5. No person shall, after the first day of January one thousand eight hundred and sixty-eight, between the hours of ten in the morning and seven in the evening, in such streets as may be named by the Commissioner of Police, remove any ashes, dust, or refuse from any house in any street. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. 6. No goods or other articles shall be allowed to rest on any footway or other part of a street within the general limits of this Act, or be otherwise allowed to cause obstruction or inconvenience to the passage of the public, for a longer time than may be abso- lutely necessary for loading or unloading such goods or other articles. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. For the purposes of this Act, the surface of any space over which the public have the right of way that intervenes in any street within the general limits of this Act between the footway and the carriage- way shall, notwithstanding any claim of any person by prescription or otherwise to the deposit or exposure for sale of any goods or other articles on such surface, be deemed to be part of the footway. 8. Within the general limits of this Act the driver of a metro- politan stage carriage shall not stop such carriage for the purpose of taking up or setting down passengers at any part of a street except as near as may be to the left or near side of the roadway. Any driver of a metropolitan stage carriage acting in contraven- tion of this section shall be liable for each offence to a penalty not exceeding forty shillings. 9. No picture, print, board, placard, or notice, except in such form and manner as may be approved of by the Commissioner of Police, shall, by way of advertisement, be carried or distributed in any street within the general limits of this Act by any person riding in any vehicle, or on horseback, or being on foot. METROPOLITAN STREETS ACT, 1867. 193 Any person doing any act in contravention of this section shall proved by be liable for each offence to a penalty not exceeding ten shillings. This section shall not apply to the sale of newspapers. Special Limits. 10. The Commissioner of Police, with the approval of one of her Majesty's principal Secretaries of State, may from time to time direct that any street or portion of a street within the general limits of this Act is to be deemed to be within the special limits of this Act, and may from time to time take any street or portion of a street out of the special limits of this Act: Provided, 1st. That an order made by the Commissioner of Police under this section shall not come into effect until the expiration of ten days from the date of the approval thereof by the Secretary of State : 2nd. That notice that an order has been submitted for the approval of the said Secretary of State under this section in respect of any street or portion of a street shall be affixed to a lamp post or otherwise placarded in some conspicuous position in or near the street or portion of a street to which such intended order relates, and at the principal office of the local authority having charge of Such street and of the metropolitan police and of the city police respectively, for not less than twenty-eight days previously to the approval of the said Secretary of State being given to the said order: 3rd. That a copy of such order when approved by the said Secre- tary of State shall be published in the London Gazette, and also affixed to a lamp post or otherwise placarded in some conspicuous position in or near the street or portion of a street to which the said order relates, and shall always during the time that the order is in force be kept so affixed or placarded. A copy of the London Gazette containing any order purport- ing to be made in pursuance of this section shall be evidence of the contents of such order and of the same having been duly made and approved in manner provided by this Act, and until the con- trary is proved the provisions of this Act with respect to the affixing or placarding of such order shall be deemed to have been duly complied with. 11. The Commissioner of Police, with the approval of the said Secretary of State, and the Commissioner of City Police, with the consent of the Court of mayor and aldermen, and subject to the approval 'of the said Secretary of State, may from time to time make regulations to be observed by all persons within the special limits of this Act with respect to the following matters: 1. With respect to the route to be taken by all carts, carriages, or other vehicles, with power to prohibit any cart, carriage, or other vehicle from coming into any street or part of a street within the said limits for the purpose only of passing to its destination in some other street or part of a street: 2. With respect to the line to be kept by persons riding or driving : And may, with the like approval, from time to time alter, vary, or repeal any regulation made by them, and make new regulations in B. O Commissioner of Police. 12ower of Commissioner of Police to make special Regulations within special limits. 194 APPENDIX. Penalty for disobedience to regulations. Publication of regulations. IRegulation of metropolitan stage car- riages in special limits. As to the loading and unloading of coal and casks in streets. Prohibition of carriage of timber and other large articles be- tween certain hours. addition to or in lieu of any existing regulations; but this section shall not authorize the Commissioner of Police or the Secretary of State to limit the number of metropolitan stage carriages that may pass down any street in pursuance of their ordinary trade. 12. Any person wilfully disregarding or refusing to conform to any regulation of the Commissioner of Police made in pursuance of this Act shall incur a penalty not exceeding forty shillings for each offence; and any constable may take into custody without warrant any person who within view of such constable wilfully disregards or refuses to conform to any such regulation, and refuses to give his name and address to such constable; and any printed copy of such regulations certified under the hand of the Commis- sioner of Police who made the same to be a true copy of regulations made by him, or purporting to be printed by the Queen's printer, shall be evidence of such regulations, and until the contrary is proved all such regulations shall be deemed to have been duly made. 13. A printed copy of all regulations made by the Commissioner of Police in pursuance of this Act shall be hung up for public inspection in such places within his district as the Commissioner of Police thinks advisable; but it shall not be necessary in enforcing any regulation to prove that the provisions of this section have been complied with, nor shall the non-compliance therewith in- validate any regulation. 14. Within the special limits of this Act no driver of or conductor of a metropolitan stage carriage shall take up or set down pas- sengers at any place where he may for the time being be prohibited by regulation of the Commissioner of Police from taking them up or setting them down; and any driver or conductor acting in con- travention of this section shall be liable for each offence to a penalty not exceeding forty shillings. 15. Between the hours of ten o’clock in the morning and six o'clock in the evening no coal shall be loaded or unloaded on or across any footway within the special limits of this Act, and between the same hours and within the same limits no casks, whether empty or full, (wine or spirits in cask excepted,) shall be lowered or drawn up by means of ropes, chains, or other machinery passing across the footway or any part thereof. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. 16. No person shall, within the special limits of this Act, and between the hours of ten in the morning and seven in the evening, except with the permission of the Commissioner of Police,— 1. Drive or conduct along any street any cart, carriage, or other vehicle laden with timber, metal, or any other article which exceeds in length thirty-five feet, or which protrudes more than eight feet six inches behind the vehicle or more than one foot from the sides of the vehicle: 2. Carry in any way along any street any ladder, scaffold pole, or other article which exceeds thirty-five feet in length or eight feet six inches in breadth: 3. Drive or conduct along any street any cart, waggon, or other vehicle used for conveying goods or merchandise, and drawn by more than four horses: METROPOLITAN STREETS ACT, 1867. 195 Any person acting in contravention of this section shall for each offence be liable to a penalty not exceeding forty shillings. No penalty shall be imposed on or costs awarded against any person for acting in contravention of this section if such person prove to the satisfaction of the magistrate having power to impose the penalty that the act alleged to be in contravention of this Section was done on the occasion of a fire or other sudden emergency with a view to prevent accident, or to save life or property. Any bye law, rule, order, or regulation made or to be made within the city of London and the liberties thereof that is inconsistent with this section shall be void. PATRT II. Hackney Carriages. 17. The following regulations shall be made with respect to Regulations hackney carriages as defined by the Hackney Carriage Acts, and as tº hackney plying within the limits defined for the purposes of those Acts:— [Paragraph 1 is repealed by the Statute Law Revision Act, 1875.] 2. The Commissioner of Police of the metropolis may from time to time cause to be affixed such plate or mark in such position as he thinks expedient to any hackney carriage certified by him to be in a fit condition for public use, and may cause to be removed such plate or mark whenever such carriage has, after notice to the owner thereof, been determined by him to be in a condition unfit for public use. If any plate or mark adopted by the said Commissioner of Police of the metropolis for distinguishing hackney carriages that are fit for public use is affixed to any hackney carriage without his authority, or if any plate or mark counterfeiting or resem- bling such authorized plate or mark is affixed to any hackney carriage, the owner of the carriage, and also the driver (unless such owner or driver proves that he was ignorant of the plate or mark being affixed to the carriage in contraven- tion of this section), shall be liable for each offence to a penalty not exceeding forty shillings: For the purposes of this Act the expression “Hackney Carriage Acts” shall mean the following Acts: An Act passed in the session of the first and second years of the reign of King William the Fourth, chapter twenty-two, intituled “An Act to amend the Laws relating to Hackney Carriages, and to Waggons, Carts, and Drays, used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioner of Stamps”: An Act passed in the session of the sixth and seventh years of the reign of her present Majesty, chapter eighty-six, intituled carriages. “An Act for regulating Hackney and Stage Carriages in and near London’’: An Act passed in the session of the thirteenth and fourteenth years of the reign of her present Majesty, chapter seven, intituled “An Act for consolidating the Office of the Registrar of Metropolitan Public Carriages with the Office of the Com- O 2 196 APPENDIX. Placard, &c. missioners of Police of the Metropolis, and making other Brovisions in regard to the consolidated Offices”: An Act passed in the session of the sixteenth and seventeenth years of the reign of her present Majesty, chapter thirty-three, intituled “An Act for the better Regulation of Metropolitan Stage and Hackney Carriages, and for prohibiting the use of advertising Vehicles”: An Act passed in the session of the sixteenth and seventeenth years of the reign of her present Majesty, chapter one hundred and twenty-seven, intituled “An Act to reduce the Duties payable in respect of Hackney Carriages used in the Metro- F. and to amend the Laws relating to the granting of icences and Payment of Duties in respect of Metropolitan Stage and Hackney Carriages, and to make Provision as to the Charge for the Hire of Hackney Carriages in certain Cases.” 22. The said Secretary of State or the Commissioner of Police may be affixed may cause to be attached to any lamp post any placard or signal to lamp post. Extension of sect. 52 of 2 & 3 Wict. c. 47. No fare to be less than 1s. Construction of Act. Short title. he may think expedient for the purpose of carrying into effect the provisions of this Act. 24. The powers vested in the Commissioners of Police by the fifty-second section of the Act of the session of the second and third years of the reign of her present Majesty, chapter forty- seven, with respect to keeping order in the streets and preventing obstructions, may be exercised within the city and the liberties thereof by the City Commissioner of Police on all occasions when a street is thronged or liable to be obstructed. 26. Where the fare now payable by law on hiring any hackney carriage standing on any stand shall not amount to one shilling the driver shall be entitled to charge one shilling. 28. This Act, so far as is consistent with the tenor thereof, shall be construed as one with the Acts relating to the Metropolitan Bolice and to the City Police. METROPOLITAN PUBLIC CARRIAGE ACT, 1869. (32 & 33 WICT. c. 115.) An Act for amending the Law relating to Hackney and Stage Carriages within the Metropolitan Police District. [11th August, 1869.] WHEREAs it is expedient to amend the law relating to hackney and stage carriages within the metropolitan police district: Be it 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: 1. This Act may be cited for all purposes as “The Metropolitan Public Carriage Act, 1869.” METROPOLITAN PUBLIC CARRIAGE ACT, 1869. 197 2. The limits of this Act shall be the metropolitan police district, Limits of Act. and the city of London and the liberties thereof. 3. This Act shall not come into operation till the first of January Commence- One thousand eight hundred and seventy. ment of Act. 4. In this Act “stage carriage” shall mean any carriage for Definition of the conveyance of passengers which plies for hire in any public stage car- Street, road, or place within the limits of this Act, and in which the riage and passengers or any of them are charged to pay separate and distinct hackney or at the rate of separate and distinct fares for their respective carriage. places or seats therein. “Hackney carriage” shall mean any carriage for the conveyance of passengers which plies for hire within the limits of this Act, and is not a stage carriage. “Prescribed” shall mean “prescribed by order of one of her Meaning of Majesty's principal Secretaries of State.” “prescribed.” 5. A “stage carriage” which on every journey goes to or comes Exemption from Some town or place beyond the limits of this Act shall not be of certain deemed to be a carriage plying within the limits of this Act. carriages from operations of Licensing Hackney and Stage Carriages. Act. 6. One of her Majesty’s principal Secretaries of State may from Grant of time to time license to ply for hire within the limits of this Act hackney hackney and stage carriages, to be distinguished in such manner arriage as he may by order prescribe. licences. Any licence in respect of a hackney or stage carriage under this Section may be granted at such price, on such conditions, be in such form, be subject to revision or suspension in such events, and generally be dealt with in such manner as the said Secretary of State may by order prescribe, subject as follows: (1.) That a hackney or stage carriage licence shall, if not revoked or suspended, be in force for one year, and there shall be paid in respect thereof to the receiver of the metropolitan police, to be carried to the account of the Metropolitan Police Fund, such uniform sum, not exceeding two pounds two shillings, as the said Secretary of State Imay prescribe: (2.) That in any such order provision shall be made for the transfer of a hackney or stage carriage licence to the widow or to any child of full age of any person to whom a hackney or stage carriage licence has been granted who Imay die during the continuance of such licence leaving a widow or child of full age, and also for the transfer of a hackney or stage carriage licence to the husband of any woman to whom such licence has been granted and who marries during the continuance thereof. 7. If any unlicensed hackney or stage carriage plies for hire, the Penalty on owner of such carriage shall be liable to a penalty not exceeding use of un- five pounds for every day during which such unlicensed carriage licensed plies. And if any unlicensed hackney carriage is found on any “arriage. stand within the limits of this Act, the owner of such carriage shall be liable to a penalty not exceeding five pounds for each time it is so found. The driver also shall in every such case be liable to a like penalty unless he proves that he was ignorant of the fact of the carriage being an unlicensed carriage. Any hackney or stage carriage plying for hire, and any hackney 198 APPENDIX. E[ackney car- riage to be driven by licensed drivers. Begulations as to hackney and stage Carriages. carriage found on any stand without having such distinguishing mark, or being otherwise distinguished in such manner as may for the time being be prescribed by the said Secretary of State, shall be deemed to be an unlicensed carriage. Licensing Drivers of Hackney and Stage Carriages. 8. No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence from the said Secretary of State, and no stage carriage shall ply for hire within the limits of this Act unless the conductor and driver of such carriage have respectively licences from the said Secretary of State. If any hackney or stage carriage plies for hire in contra- vention of this section, the person driving the same, and also the owner of such carriage, unless he proves, in the case of a hackney carriage, that the driver, and in the case of a stage carriage, that the conductor or driver, as the case may require, acted without his privity or consent, shall respectively be liable to a penalty not exceeding forty shillings. A licence to the driver or conductor of a hackney or stage carriage may be granted at such price, on such conditions, be in such form, be subject to revocation or suspension in such events, and generally be dealt with in such manner as the said Secretary of State may by order prescribe, subject to this provision, that any such licence shall, if not revoked or suspended, be in force for one year, and there shall be paid in respect thereof to the receiver of the Metropolitan Police, to be carried to the account of the Metro- politan Police Fund, such sum not exceeding five shillings as the said Secretary of State may prescribe. This clause shall not repeal the tenth section of an Act of the sixth and seventh years of the reign of her present Majesty, chapter eighty-six. Regulations relating to Hackney and Stage Carriages, 9. The said Secretary of State may from time to time by order make regulations for all or any of the following purposes; that is to say, (1.) For regulating the number of persons to be carried in any hackney or stage carriage, and in what manner such number is to be shown on such carriage, and how such hackney carriages are to be furnished or fitted : (2.) For fixing the stands of hackney carriages, and the distances to which they may be compelled to take passengers, and the persons to attend at such stands: (3.) For fixing the rates or fares, as well for time as distance, to be paid for hackney carriages, and for securing the due publication of such fares; provided that it shall not be made compulsory on the driver of any hackney carriage to take passengers at a less fare than the fare payable at the time of the passing of this Act : (4.) For forming, in the case of hackney carriages, a table of distances, as evidence for the purpose of any fare to be charged by distance, by the preparation of a book, map, or plan, or any combination of a book, map, or plan: (5.) For Securing the safe custody and re-delivery of any property METROPOLITAN PUBLIC CARRIAGE ACT, 1869. 199 accidentally left in hackney or stage carriages and fixing the charges to be paid in respect thereof, with power to cause such property to be sold or to be given to the finder in the event of its not being claimed within a certain time: Subject to the following restrictions:— (1.) In fixing the stands for hackney carriages within the city of London and the liberties thereof the consent of the Court of the Lord Mayor and Aldermen shall be required to any stand appointed by the Secretary of State: (2.) No hackney carriage shall be compelled to take any pas- senger a greater distance for any one drive than six miles: (3.) During such portion of time between sunset and sunrise as is from time to time prescribed, no driver shall ply for hire unless the hackney carriage under his charge be provided with a lamp properly trimmed and lighted, and fixed outside the carriage in such manner as is prescribed. This clause shall not repeal section thirteen of the Act of the fifth and sixth years of the reign of her present Majesty, chapter Seventy-nine, so far as regards existing carriages or any which may be built within one year after the passing of this Act. 10. Where the Secretary of State is authorized to make any order under this Act, he may annex a penalty not exceeding forty shillings for the breach of such order or of any part or parts thereof, or of any regulation or regulations thereby made ; and any penalties under this section shall be deemed to be penalties under this Act, and may be enforced accordingly. 11. Any licence grantable by a Secretary of State under this Act may, if the said Secretary of State so direct, be granted by the Commissioner of the Metropolitan Police, or by such other person as the said Secretary of State appoints for the purpose. 12. The said Secretary of State may appoint such officers and constables of the Metropolitan Police Force, and for the city of London of the City Police, as he thinks fit to perform any duties required to be performed for the purposes of carrying this Act into execution, and may award such sums by way of compensation for their services out of the monies raised under this Act as he may think just. Legal Proceedings and Miscellaneous. 13. All penalties under this Act may be recovered summarily in the manner directed by the Act of the session of the eleventh and twelfth years of her present Majesty, chapter forty-three, and any Act amending the same; and the term “justice” or “justice of the peace ’” shall include any metropolitan police Imagistrate sitting alone at a police court or other appointed place, and the Lord Mayor of the city of London or any alderman of the said city sitting alone or with others at the Mansion House or Guildhall. 14. The Commissioner of the Metropolitan Police may cause to be attached to any lamp post any placard or signal for the purpose of carrying into effect the provisions of this Act. 15. All the provisions of the Acts relating to hackney carriages and metropolitan stage carriages in force at the time of the com- mencement of this Act shall, subject to any alteration made therein by this Act or by any order or regulation of the said Secretary of State made in pursuance of this Act, continue in force, and all such Penalties for breach of regulations. Licences by whom to be granted. Powers to carry Act into execution. Recovery of penalties. Placard, &c. may be affixed to lamp post. Existing Acts to continue in force. 200 APPENDIX. 10 & 11 Viot. c. 89. Short title. 10 & 11 Vict. c. 89. Construction of Act. 38 & 39 Vict, c. 55. Defining ‘‘ Omnibus.” 33 & 34 Vict. c. 78. provisions of the said Acts as relate to licences granted under those Acts, or any of them, shall, subject to any alteration as aforesaid, apply to licences granted under this Act. - TOWNS POLICE CLAUSES ACT, 1889, (52 & 53 WICT. c. 14). An Act to amend the Provisions relating to Hackney Carriages of the Town Police Clauses Act, 1847. [24th June, 1889.] WHEREAs it is expedient to amend the provisions with respect to hackney carriages of the Town Police Clauses Act, 1847, in this Act called the principal Act : Be it therefore enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Town Police Clauses Act, 1889, and this Act and the Town Police Clauses Act, 1847, may be cited together as the Town Police Clauses Acts, 1847 and 1889. 2.—(1.) This Act shall be construed as one with the principal Act, and the expression “this Act” in the principal Act shall be construed to mean the principal Act as amended by this Act. (2.) This Act shall be deemed to be incorporated with the Public ºth Act, 1875, by section one hundred and seventy-one of that ot. 3. The term “omnibus,” where used in this Act, shall include— Every omnibus, char-à-banc, wagonette, brake, stage coach, and other carriage plying or standing for hire by or used to carry passengers at separate fares to, from, or in any part of th prescribed distance; - but shall not include— Any tramcar or tram carriage duly licensed under the provisions of the Tramways Act, 1870, or of any provisional order made thereunder and confirmed by Parliament, or under the provi- sions of any local Act of Parliament: Any carriage starting from and previously hired for the particular passengers thereby carried at any livery stable yard (within the prescribed distance) whereat horses are stabled and car- riages let for hire, the said carriage starting from the said stable yard and being bond fide the property of the occupier thereof, and not standing or plying for hire within the prescribed distance : Any omnibus belonging to or hired or used by any railway com- pany for conveying passengers and their luggage to or from any railway station of that company, and not standing or plying for hire within the prescribed distance : Any omnibus starting from outside the prescribed distance, and bringing passengers within the prescribed distance, and not standing or plying for hire within the prescribed distance, TOWNS POLICE CLAUSES ACT, 1889. 201 4.—(1.) The several terms “hackney carriages,” “hackney coach,” “carriages,” and “carriage,” whenever used in sections thirty-seven, forty to fifty-two (both inclusive), fifty-four, fifty-eight, and sixty to sixty-seven (both inclusive) of the principal Act shall, notwith- standing anything contained in section thirty-eight of that Act, be deemed to include every omnibus. (2.) The word “driver” or “drivers ” when used in any of the Said sections of the principal Act shall be deemed to include every conductor of any omnibus. (3.) For the purposes of sections fifty-four, fifty-eight, and sixty- six of the principal Act, the fare, according to the statement of fares exhibited on any omnibus, shall be deemed to be the fare allowed by the principal Act or authorized by any bye law under that Act. 5. Any licence may be granted under the principal Act to continue in force for such less period than one year as the Commis- Sioners may think fit, and shall specify in the licence. 6. The Commissioners may from time to time make bye laws for all or any of the following purposes, that is to Say:— For regulating the conduct of the proprietors, drivers, and con- ductors of omnibuses plying within the prescribed distance in their several employments, and determining whether such drivers and conductors shall wear any and what badges: Por regulating the manner in which the number of each omnibus corresponding with the number of its licence shall be displayed: For regulating the number of persons to be carried by such omnibus, and in what manner such number is to be shown thereon : For regulating the number and securing the fitness of the animals to be allowed to draw an omnibus, and for the removal therefrom of unfit animals: For securing the fitness of the omnibus and the harness of the animals drawing the same: For fixing the stands for omnibuses and the points at which they may stop a longer time than is necessary for the taking up and Setting down of passengers desirous of entering or leaving the Saſſle : Por securing the safe custody and redelivery of any property accidentally left in any omnibus, and fixing the charge to be made in respect thereof: To provide for the carrying and the lighting of proper lamps for denoting the direction in which the omnibus is proceeding, and Eºs the safety and convenience of the passengers carried thereby: To provide for the exhibition on some conspicuous part of every omnibus of a statement in legible letters and figures of the fares to be demanded and received from the persons using or carried for hire in such omnibus : To prevent within the prescribed distance— (a) the owner, driver, or conductor of any omnibus, or any other person on their or his behalf, by touting, calling out, or otherwise, from importuning any person to use or to be carried for hire in such omnibus, to the annoy– ance of such person or of any other person; (b) the blowing of or playing upon horns or other musical Extending certain pro- visions of principal Act to omnibuses. Licences may be granted for short periods. Bye laws. 202 APPENDIX. instruments, or the ringing of bells, by the driver or conductor of any omnibus, or by any person travelling - on or using any such omnibus. Provided that nothing in this Act contained shall empower the Commissioners to fix the site of the stand of any omnibus in any railway station, or in any yard adjoining or connected therewith, except with the consent of the railway company owning such site. LONDON CAB ACT, 1896. (59 & 60 WICT. G. 27.) An Act to amend the Law relating to Cabs in London. [7th August, 1896.] BE it 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 autho- rity of the same, as follows:— Penalties for 1. If any person commits any of the following offences with defrauding respect to a cab, namely:- - cabmen.) (a) hires a cab, knowing or having reason to believe that he cannot pay the lawful fare, or with intent to avoid payment of the lawful fare; or - (b) fraudulently endeavours to avoid payment of a fare lawfully due from him; or (c) having failed or refused to pay a fare lawfully due from him, either refuses to give to the driver an address at which he can |be found, or, with intent to deceive, gives a false address, he shall be liable on summary conviction to pay, in addition to the lawful fare, a fine not exceeding forty shillings, or, in the discre- tion of the Court, to be imprisoned for a term not exceeding fourteen days; and the whole or any part of any fine imposed may be applied in compensation to the driver. Repeal of . 2. Section eighteen of the London Hackney Carriage Act, 1853, 16 & 17 Vict, is hereby repealed from “and in case of any dispute” to the end of c. 33. the section. Meaning of 3. In this Act the expression “cab’” shall, mean any hackney cab. carriage within the meaning of the Metropolitan Public Carriage 32 & 33 Wict. Act, 1869. c. 115. 4. This Act may be cited as the London Cab Act, 1896. Short title. ... INLAND REVENUE ACT, 1869. 203 INLAND REVENUE ACT, 1869. (32 & 33 WICT. c. 14.) An Act to grant certain Duties of Customs and Inland Revenue, and to repeal and alter other Duties of Customs and Inland Revenue. [24th June, 1869.] 18. On and after the first day of January one thousand eight hundred and seventy there shall be granted, charged, levied, and paid, for the use of her Majesty, her heirs and successors, in and throughout Great Britain, under and subject to the provisions and regulations in this Act contained, the following duties, * is to say:— 8. d. For every male servant - gº iº * tº . – 0 15 0 Eor armorial bearings— If such armorial bearings shall be painted, marked, or affixed on or to any carriage E. * , - - 2 2 0 If such armorial bearings shall not be so painted, marked, or affixed, but shall be otherwise worn or used - dº tºº Eº tº º sº *Eº - 1 1 0 t . . . . - And such duties respectively shall be paid annually upon licences to be takén out under the provisions of this Act by the person who shall employ the servant, or shall keep the carriage, . . . . or shall wear or use the armorial bearings. And such duties and licences shall be excise duties and licences, and shall be under the management of the Commissioners of Inland Revenue; and, subject to the provisions of this Act, all the powers, clauses, regulations, and directions contained in any Act relating to excise duties or licences, or to penalties under excise Acts, and now or hereafter in force, shall respectively be of full force and effect with respect to the duties and the licences under this Act and the penalties hereby imposed, so far as the same are applicable and consistent with the provisions of this Act, as fully and effectually as if the same had been herein specially enacted with reference to the said last-mentioned duties, licences, and penalties respectively; and the said licences shall be in such form and shall be granted by such officer as the said Commissioners shall direct, and shall be dated on the day of granting the same, and shall expire on the thirty-first day of December then next following. New duties of excise granted. Duties to be excise duties, and to be under the management of Commis- sioners of In- land Revenue. 19. The provisions and regulations contained in this section shall Provisions be observed, viz.: (1.) It shall not be necessary for any member of the Royal Family to make any declaration or to take out any licence under this Act, nor shall it be necessary for the sheriff of any county, or mayor or other officer in any corporation or * The part of the section relating to carriages is repealed by 51 Vict. c. 8, s. 26. Duties are now payable under sect. 4 of that Act. The part relating to duties payable on horses is repealed by the Inland Revenue Act, 1874, s. 21. f Relates to duty payable by horsedealers. and regula- tions to be observed. 204 APPENDIX. royal burgh Serving an annual office therein, to take out a licence for any servants, carriages, or horses employed or kept by him for the purposes of his office during his year of service, nor for any person who shall by right of office wear or use any of the arms or insignia of any member of the Royal Family, or of any corporation or royal burgh, to take out a licence in respect of the use of such arms or insignia : (2.) It shall not be necessary for any person ordinarily residing (3.) (4.) in Ireland, and being a representative peer on the part of Ireland or a member of the House of Commons, and not residing in Great Britain longer than during the session of Parliament, and forty days before and forty days after the Session, or for any person ordinarily residing in Ireland-and residing in Great Britain by the order or direction of the Lord Lieutenant for the time being or of his chief secretary, for the purpose of public business, to make any declaration or to take out any licence under this Act in respect of any servants, carriages, horses or mules, or armorial bearings employed, kept, or used by him, save in respect of any subject-matter of duty which shall be employed, kept, or #. by such person in Great Britain during his residence in reland. As to Male Servants. The term “male servant” means and includes any male servant employed either wholly or partially in any of the following capacities; that is to say, maitre d’hôtel, house steward, master of the horse, groom of the chambers, valet de chambre, butler, under butler, clerk of the kitchen, Confectioner, cook, house porter, footman, page, waiter, coachman, groom, postilion, stable boy or helper in the stables, gardener, under gardener, park keeper, gamekeeper, under gamekeeper, huntsman, and whipper-in, or in any capacity involving the duties of any of the above descriptions of servants, by whatever style the person acting in such capacity may be called: - Every person who shall furnish any male servant on hire shall, for the purposes of this Act, be deemed to be the employer of such servant : It shall not be necessary for licences to be taken out in the following cases, viz.: By any officer in her Majesty's army or navy for any servant, being a soldier in the army or a person actually borne upon the books of a ship, and employed by such officer in accordance with the regulations of her Majesty's service : By any licensed retailer of exciseable liquors or licensed keeper of a refreshment house for any servant employed by him solely for the purposes of his business, such servant being the only male servant employed by him : By any person who shall have made entry of his premises in accordance with section twenty-eight of this Act for any servant employed by him at such premises in the course of his trade, other than a servant employed to drive a carriage with any horse let to hire for any period exceeding INLAND REVENUE ACT, 1869. twenty-eight days; provided that such person shall have complied with all the provisions contained in the said Section: By any person duly licensed by proper authority to keep or use any public stage or hackney carriage for any servant necessarily employed by him to drive such stage or hackney carriage, or in the care of such stage or hackney carriage or of the horse or horses kept and used by him to draw the S8. Iſle, . . . [(6.) Repealed by 51 Vict, c. 8, 8. 26.] [(7.) Repealed by 38 & 39 Vict. c. 23, 8, 11, which replaces it.] As to Armorial Bearings. (13.), “Armorial bearings” means and includes any armorial bearing, crest, or ensign, by whatever name the same shall be called, and whether such armorial bearing, crest, or ensign shall be registered in the College of Arms or not. (14.) Any person who shall keep any carriage, whether owned or hired by him, shall be deemed to wear and use any armorial bearings painted or marked thereon or affixed thereto. (15.) It shall not be necessary for a licence to be taken out by any person duly licensed by proper authority to keep or use any public stage or hackney carriage for any armorial bearings painted or marked on Such stage or hackney carriage. * 22. Every person employing any male servant, or keeping any carriage, . . . . or wearing or using any armorial bearings, . . . . shall fill up and sign a declaration in the prescribed form wherein shall be stated the following particulars; viz., The number of male servants employed by him, and in what capacity: - The number of carriages kept by him, and the number of wheels of each carriage, and also whether any carriage having four or more wheels shall weigh less than four hundredweight: Whether he wears or uses armorial bearings, and, if so, whether * º are painted, marked, or affixed on any carriage kept Iſl . Tººr of male servants or carriages . . . . hired by him, with the name and address of the person from whom he shall have hired the same . . . . ; And also such further particulars as the said Commissioners may, by the form of declaration, require to be therein stated. And if a licence is unnecessary in respect of any of the above particulars under the provisions and regulations of this Act, the declaration shall contain a further statement showing— In what respect, and upon what ground, the licence is un- necessary. And such person shall deliver the declaration so filled up and signed by him, and shall pay the duties to which he shall by such declaration appear to be liable to the person or persons named * Sections 22, 23, 27, and 28 are printed as amended by Inland Revenue Act, 1874, S. 21. Bersons keep- ing servants, &c. to make declarations. 206 APPENDIX. Additional declaration to be made, and further duties paid when required. Special notice requiring declaration may be served on any person. Penalty for neglect to deliver decla- ration, or for delivering an untrue declaration. Licences to be granted for duties paid. Benalty for not taking out licence. therein as the person or persons appointed to receive such declara- tion and duties respectively, before the expiration of the month of January in each year, or before the expiration of twenty-one days from the day of his commencing to employ any servant, or to keep or use any carriage, . . . . Or to wear or use any armorial bearings. 23. Whenever any person who shall have delivered a declaration under the preceding section shall become liable to further duties by reason of his employing a greater number of male servants, or keeping a greater number of carriages, . . . . than he shall have returned in such declaration, or by reason of any change in the character of any carriage kept by him, or in the mode of wearing or using armorial bearings, he shall fill up and sign an additional declaration, specifying, with reference to such liability, the particulars required by the Said preceding section, and shall deliver such additional declaration so filled up and signed, and pay such further duties as by such last-mentioned declaration shall appear to be payable by him to the person or persons named therein as the person or persons appointed to receive such declaration and duties respectively, before the expiration of twenty-one days from the day of his becoming so liable as aforesaid: provided that when payment shall be made of further duty by reason of any change in the character of any carriage, or in the mode of wearing or using armorial bearings, the duty already paid in respect of the carriage or armorial bearings shall be allowed and repaid. 24. The said Commissioners may direct a special notice to be served upon any person, requiring such person to fill up, sign, and deliver to the officer named in such notice a form of declaration to be left with such notice stating whether such person is liable to the payment of any of the duties imposed by this Act or not, and also the several particulars required by section twenty-two of this Act, so far as the same shall be applicable, and to pay the duties with which he shall appear by such declaration to be chargeable to the person named therein within fourteen days from the date of the service of such special notice. s 25. Every person who shall neglect or refuse to deliver any declaration in conformity with the provisions of this Act, and every person who shall deliver a declaration wherein the particulars required by this Act to be therein set forth shall not be fully and truly stated, shall forfeit the penalty of twenty pounds, and that over and above any duties to which he may be liable. 26. Any person appointed to grant licences shall grant and deliver to every person who shall pay to him any duties a licence or licences under this Act, in which licence or licences shall be specified the particulars of the duties paid, the year for which the duties shall be paid, with any other particulars the said Commis- sioners may direct; and no licence shall be granted except upon payment of the full duties imposed by this Act, nor shall any licence granted under this Act be transferred to any person other than the widow of the person to whom such licence shall have been originally granted, or to his executors or administrators, or to his assignees in bankruptcy. - 27. Every person who shall employ any male servant, or keep any carriage, . . . . or wear or use any armorial bearings, . . . . without having a proper licence under this Act, and every person who shall employ a greater number of male servants, or shall keep INLAND REVENUE ACT, 1869. 207 a greater number of carriages, . . . . than he shall be authorized to employ or keep by any licence or licences granted under this Act, or shall wear or use armorial bearings otherwise than as authorized by any such licence, shall forfeit the penalty of twenty pounds over and above any other penalty to which such person may be liable; provided that such penalty shall not be recoverable where the defendant in any proceeding for the recovery of the same shall prove to the satisfaction of the justices before whom such proceeding shall be depending that he had delivered a declaration, and paid the proper duties, and obtained a proper licence, within the time prescribed by this Act; provided also, that if in any pro- ceeding for recovery of the said penalty any question shall arise as to the number of servants employed, or the number of carriages, ... or the weight of any carriage kept or used, by the defen- dant, or whether the defendant was entitled to any exemption from licence under the provisions and regulations contained in this Act, the burden of proving the number or weight, or right to exemption, as the case may be, shall lie upon the defendant. 28. Every person who exercises or carries on the trade . . . . of a livery stable keeper, or who lets any horse for hire, or who keeps any horse to be used for drawing any public stage or hackney carriage, may, if he shall think fit, deliver to an officer of inland revenue acting in the parish or place in which his premises are situated an entry in writing, signed by such person, containing a description of the premises and of the purpose for which he uses or intends to use them; and every person who shall have delivered any such entry shall cause to be legibly painted upon some con- spicuous part of the premises so entered, or upon a board affixed thereto, his christian name and surname, with the addition of such other words as shall denote the particular trade or business, or trades or businesses (if more than one), carried on by him ; and such person shall also allow any officer of inland revenue at any reasonable time to inspect the entered premises; and if any person who shall have delivered any such entry as aforesaid shall neglect to comply with the provisions of this section, or any of them, he shall forfeit a penalty of twenty pounds. 29. Every livery stable keeper shall from time to time enter in a book an account of every carriage, horse, and mule standing at livery or otherwise on his premises, with the christian name and surname and place of abode of the person to whom such carriage, horse, or mule shall belong. And every person who shall furnish any servant on hire, or let any carriage, horse, or mule for hire to be kept away from his premises, shall from time to time enter in a book an account of every such servant, carriage, horse, or mule, with the name of such servant, the number of wheels of such carriage, and the name and address of the person hiring such servant, carriage, horse, or mule; and all such books shall at all reasonable times in the day time be open to the inspection of any officer of inland revenue, who shall have power to make any extract therefrom ; and any person who shall neglect or refuse to do any act or thing required to be done by this section, or who shall prevent or obstruct any officer of inland revenue in the exercise of any duty or power imposed upon or vested in him by this section shall forfeit the penalty of twenty pounds. 30. Recovery of penalties. Penalty not recoverable where duties are paid within time prescribed. Persons who carry on cer- tain trades may enter their premises, and shall then paint their names, &c. thereon. Livery stable keepers and other persons to keep books of account containing certain particulars. 208. APPENDIX. Assignee to pay duties owing by bankrupt. TVWhat shall be service of notice and SUITOlſºn.OIAS. Licences to be produced when re- quired. Tenalty. 31. When any person against whom a warrant of distress shall have been issued as directed in the preceding section shall be or shall have become bankrupt, so that a levy upon his goods and chattels cannot be made, the . . . . person in whom the estate of the said bankrupt shall be vested by operation of law, shall, out of any moneys that may be in or come to his hands in respect of the bankrupt’s estate, pay to the said Commissioners, for the use of her Majesty, the amount of duties for which the said warrant of distress shall have been issued. 32. Every notice to be served under the provisions of this Act, and every summons upon any information for recovery of a penalty imposed by this Act, may be served personally or left at the usual or last known place of abode of the person to be served. 33. If any person who shall have taken out a licence or licences under this Act shall not produce and deliver such licence or licences to be examined and read by any officer of inland revenue within a reasonable time after such officer shall request the production of the same, he shall forfeit the penalty of five pounds. INLAND REVENUE ACT, 1876. (38 & 39 WICT. c. 23.) An Act to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Laws relating to Customs and Inland Revenue. [14th June, 1876.] 11. From and after the 31st day of December next the provision numbered seven of section nineteen of the Act of the thirty-second and thirty-third years of the reign of her present Majesty, chapter fourteen, shall be repealed, and in lieu thereof it is enacted as follows: Every person who shall let any carriage for hire for any period less than one year shall for the purposes of the said Act be deemed to be the person keeping such carriage, and every person who shall hire any carriage for a year or any longer period shall for the pur- pose of the said Act be deemed to be the person keeping such carriage. INLAND REVENUE ACT, 1888. 209 INLAND REVENUE ACT, 1888. (51 WICT. c. 8.) An Act to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Laws relating to Customs and Inland Revenue. [16th May, 1888.] **. PART II. JExCISE. 4.—(1.) The duties of excise for carriages now payable in Great Britain shall cease to be payable on and after the first day of January one thousand eight hundred and eighty-nine, and on and after that day there shall be granted, charged, and paid in Great IBritain the following duties of excise, that is to say:— IFor every carriage as herein-after defined— £ 3, d. If such carriage shall have four or more wheels, and shall be drawn, or be adapted or fitted to be drawn, by two or more horses or mules, or shall be drawn or propelled by mechanical power igº sº - 2 2 0 If such carriage shall have four or more wheels, and shall be drawn or be adapted or fitted to be drawn by one horse or mule only – wº gºe - 1 1 0 If such carriage shall have less than four wheels – 0 15 0 For every hackney carriage as herein-after defined - 0 15 0 and such duties shall be paid annually upon licences to be taken out under the provisions of the Act of the thirty-second and thirty- third years of her Majesty's reign, chapter fourteen, as amended by any enactment; and in the construction of that Act as applicable to a licence for a carriage or hackney carriage under this Act, the term “carriage,” as therein used, shall embrace a “hackney car- riage” as well as a “carriage” as herein defined. (2.) Where a person commences to keep or use a carriage or a hackney carriage on or after the first day of October in any year, he shall, upon delivering a declaration in writing signed by him to that effect, be entitled to take out a licence for such carriage or hackney carriage upon payment of one-half of the amount of the duty which would otherwise be payable in respect thereof. (3.) In the construction of this section, each of the following terms has the meaning hereby assigned to it: “Carriage” means and includes any carriage (except a hackney carriage) drawn by a horse or mule, or horses or mules, or drawn or propelled upon a road or tramway, or elsewhere than upon a railway by steam or electricity or any other mechanical power, but shall not include a waggon, cart, or other such vehicle, which is constructed or adapted for use, and is used, solely for the conveyance of any goods or burden in the course of trade or husbandry, and whereon the christian name and surname, and place of abode, or place of business of the person, or the name or style and principal or only place of business of Alteration of duties upon carriages. B. - P 32 & 33 Wict. c. 14. 210 APPENDIX. 12enalty on failing to pro- vide for dis- infection of public con- veyance. the company or firm, keeping the same, shall be visibly and legibly painted in letters of not less than one inch in length, “Hackney carriage” means any carriage standing or plying for hire, and includes any carriage let for hire by a coachmaker or other person whose trade or business it is to sell carriages or to let carriages for hire, provided that such carriage is not let for a period amounting to three months or more. - THE PUBLIC HEALTH ACT, 1875. (38 & 39 WICT. c. 55.) 126. Any person who— - (1.) While suffering from any dangerous infectious disorder wilfully exposes himself without proper precautions against spreading the said disorder in any street, . . . . . or enters any public conveyance without previously notifying to the owner, conductor, or driver thereof, that he is so suffering; or (2.) Being in charge of any person so suffering, so exposes such sufferer; or (3.) Gives, lends, sells, transmits, or exposes, without previous disinfection, any bedding, clothing, rags, or other things which have been exposed to infection from any such disorder, shall be liable to a penalty not exceeding five pounds; and a person who, while suffering from any such disorder, enters any public conveyance without previously notifying to the owner or driver that he is so suffering, shall in addition be ordered by the Court to pay such owner and driver the amount of any loss and expense they may incur in carrying into effect the provisions of this Act with respect to disinfection of the conveyance. *s Brovided that no proceedings under this section shall be taken against persons transmitting with proper precautions any bedding, clothing, rags, or other things for the purpose of having the same disinfected. - 127. Every owner or driver of a public conveyance shall imme- diately provide for the disinfection of such conveyance after it has to his knowledge conveyed any person suffering from a dangerous infectious disorder; And if he fails to do so he shall be liable to a penalty not exceeding 5l. ; But no such owner or driver shall be required to convey any person so suffering until he has been paid a sum sufficient to cover any loss or expense incurred by him in carrying into effect the provisions of this section. PUBLIC HEALTH (LONDON) ACT, 1891. 211 INFECTIOUS DISEASES ACT, 1890. (53 & 54 WICT. c. 34.). An Act to prevent the spread of Infectious Disease. [1890.] 11. Any person who hires or uses a public conveyance other than a hearse for the conveyance of the body of a person who has died from any infectious disease, without previously notifying to the owner or driver of such public conveyance that the person whose body is, or is intended to be, so conveyed has died from infectious disease, and after any such notification as aforesaid, any owner or driver of a public conveyance, other than a hearse, which has been used for conveying the body of a person who has died from infectious disease, who shall not immediately afterwards provide for the dis- infection of such conveyance, shall be guilty of an offence under this Act. 16. Every person . . . . . who shall offend against any enactment of this Act, for the time being in force in any district, by which no penalty is specifically imposed, shall be liable to a penalty not exceeding 5l. -- 18. Every penalty imposed by this Act shall be recoverable in a Court of summary jurisdiction on the information or complaint of the local authority, or of their duly authorized officer, but not otherwise, and shall be paid to the local authority. [NOTE.-By Section 3, the provisions of this Act are eactended (a) to every London district ; and (b) to any urban or rural Sanitary district, after adoption thereof. Such urban or rural Sanitary district may adopt all or any sections, but before adoption. fourteen clear days’ motice must be given to every member of the local authority. See also sect. 74 of the Public Health (London) Act, 1891.] THE PUBLIC HEALTH (LONDON) ACT, 1891. (54 & 55 WICT. c. 76.) 70. It shall not be lawful for any owner or driver of a public conveyance knowingly to convey, or for any other person knowingly to place, in any public conveyance, a person suffering from any dangerous infectious disease, or for a person suffering from any such disease to enter any public conveyance, and if he does so he shall be liable to a fine not exceeding 10l. ; and if any person so suffering is conveyed in any public conveyance, the owner or driver thereof, as soon as it comes to his knowledge, shall give notice to the sanitary authority, and shall cause such conveyance to be dis- infected, and if he fails so to do he shall be liable to a fine not exceeding 5l., and the owner or driver of such conveyance shall be entitled to recover in a summary manner from the person so con- veyed by him, or from the person causing that person to be so Prohibition of conveyance of infected person in public conveyance. P 2. 212 APPENDIX. conveyed, a sum sufficient to cover any loss or expense incurred by him in connection with such disinfection. It shall be the duty of the sanitary authority, when so requested by the owner or driver of such public conveyance, to provide for the disinfection of the * * they may do so free of charge. 4. If– (a) a person uses a public conveyance other than a hearse for conveying the body of a person who has died from any dangerous infectious disease, without first notifying to the owner or driver of the conveyance that such person died from infectious disease ; or (b) the owner or driver does not, immediately after the convey- ance has to his knowledge been used for conveying such body, provide for the disinfection of the conveyance, he shall, on the information of the sanitary authority, be liable to a fine not exceeding 5l., and if the offence continues, to a further fine not exceeding forty shillings for every day during which the offence continues. [The mode of procedure for offences is laid down by Sections 117 to 128 inclusive.] IOCOMOTIVE ACT, 1861. (24 & 25 WICT. c. 70.) • An Act for regulating the use of Locomotives on Turnpike and other Roads, and the Tolls to be levied on such Locomotives and on the Waggons and Carriages drawn or propelled by the same. [1st August, 1861.] WHEREAs the use of locomotives is likely to become common on turnpike and other roads: And whereas the General Turnpike and Highway Acts and many of the Local Turnpike Acts do not contain any provisions for regulating the use of locomotives on the roads to which they respectively apply, nor do they authorize the levying of tolls upon or in respect of any locomotive using the roads, or upon or in respect of any waggon or carriage drawn by locomotives: And whereas under and by virtue of certain Local Turnpike Acts tolls may be levied upon locomotives and other engines drawing or propelling waggons or carriages, or upon the waggons or carriages so drawn or propelled, which are or may be prohibitory of the use of locomotives on the roads to which the said Acts respectively apply: And whereas the weighing clauses in the General Turnpike Acts have not been framed in anticipation of traffic by locomotives, and are in many respects ill adapted to the profitable carrying of goods, or to the levying of just and adequate tolls upon waggons, or carriages drawn by locomotives: And whereas it is desirable that the use of locomotives on turnpike and other roads should be regulated by uniform general provisions, and that toll should LOCOMOTIVE ACT, 1861. 213 be levied upon such locomotives and the waggons or carriages drawn by such locomotives upon turnpike roads: Be it therefore enacted, &c. 1. From and after the passing of this Act all trustees, corporations, commissioners, and other persons acting under and in execution of any existing general or local turnpike road Act or public bridge Act shall demand and take tolls not exceeding the tolls following; that is to say, IFor every locomotive propelled by any power containing within itself the machinery for its own propulsion, such a toll for every two tons weight or fractional part of every two tons weight that such locomotive shall weigh as shall be equal to the toll or tolls by their respective Acts made payable for every horse drawing any waggon, wain, cart, or carriage with wheels of a width similar to those of such locomotive: or in the case of a toll by any such Act made payable being charged on the horse or horses drawing any such waggon, wain, cart, or car- riage, without reference to the width of the wheels thereof, then Such a toll for every two tons or fractional part thereof that Such locomotive shall weigh as shall be equal to one horse drawing such waggon, wain, cart, or carriage; which tolls respectively shall be payable so often as tolls made payable as aforesaid for such waggon, wain, cart, or carriage shall be pay- able at the same gate: Provided always, that if the wheels of Such locomotive shall rest upon any shoe or other bearing the surface of which shall bear upon the ground so as to prevent the wheels coming in contact there with, such and the same tolls only shall be demanded and payable as if the wheels thereof were of a width similar to such shoe or bearing: IFor every waggon, wain, cart, or carriage drawn or propelled by any locomotive, for each pair of wheels thereof such a toll as shall not exceed the toll by their respective Acts made payable for two horses drawing any waggon, wain, cart, or carriage with wheels of a similar width, and for every additional wheel thereof one half toll in addition to the said toll; or in the case of a toll by any such Act made payable being charged on the horse or horses drawing any such waggon, wain, cart, or car- riage, without reference to the width of the wheels thereof, then such a toll for each wheel as shall be equal to one horse drawing such waggon, wain, cart, or carriage; which said toll or tolls shall be payable so often as the toll made payable as aforesaid for such waggon, wain, cart, or carriage drawn by horses shall be payable at the same gate : Provided always, that in every case where the wheels of any waggon, wain, cart, or carriage shall not all be cylindrical, as described in the Act of the third year of George IV., chapter 126, section 9, the toll payable in respect thereof shall be one half IſlCI’é. 2. All clauses and provisions in any local or general turnpike road Act or public bridge Act authorizing tolls to be demanded or taken upon locomotives or carriages drawn by steam or any other than animal power, different to the tolls herein provided for, shall, so far as the same relate to such tolls, be and the same are hereby re- pealed : Provided always, that this enactment shall not be deemed or Scale of tolls to be taken after passing of this Act. Repeal of former enact- ments as to tolls to be taken for locomotives. 214 APPENDIX. As to the weight on each pair of wheels. Bestrictions on use of locomotives On bridges. Damage by locomotives to bridges to be made good by owners. construed to extend to any tolls authorized to be taken in respect of any private roads or private bridges, or to the roads comprised in the “Commercial Roads Continuation Act, 1849.” [Sect. 3 is repealed by the “Highway Act, 1878,” s. 28.] 4. It shall not be lawful for any waggon, wain, cart, or other carriage so drawn or propelled as aforesaid, not having cylindrical wheels, to carry any greater weight than is permitted in such waggon, wain, cart, or carriage by the General Turnpike Act; And it shall not be lawful for any waggon, wain, cart, or other carriage having cylindrical wheels to carry over or above the weight of the waggon, wain, cart, or carriage, any greater weight than one ton and a half for each pair of wheels, unless the fellies, tires, or shoes are four inches or more in breadth; Nor to carry a greater weight than two tons for each pair of wheels, unless the fellies, tires, or shoes are six inches or more in breadth ; Nor to carry a greater weight than three tons for each pair of wheels, unless the fellies, tires, or shoes are eight inches or more in preadth; and for every single wheel one half of that permitted to be carried on a pair of wheels; Nor in any case to carry a greater weight than four tons on each pair of wheels, or two tons on each wheel; But if such waggons, wains, or other carriages are built and con- structed with springs upon each axle, then they shall be allowed to carry one-sixth more weight in addition to the above-mentioned weights upon each pair of wheels: Provided always, that the regulation of weight herein mentioned and provided shall not extend to any waggon, wain, cart, or other carriage carrying only one tree, or one log of timber, or one block of stone, or one cable or rope, or one block, plate, roll, or vessel of iron or other metal, or compounded of any two or more metals cast, wrought, or united in one piece. [Sect. 5 is repealed by the Locomotives Act, 1865, 8, 2.] 6. It shall not be lawful for the owner or driver of any loco- motive to drive it over any suspension bridge nor over any bridge on which a conspicuous notice has been placed, by the authority of the surveyor or persons liable to the repair of the bridge, that the bridge is insufficient to carry weights beyond the ordinary traffic of the district, without previously obtaining the consent of the surveyor of the road or bridgemaster under whose charge such bridge shall be for the time being, or of the persons liable to the repair of such bridge; And in case such owner of the locomotive and surveyor of the road, or bridgemaster, shall differ in opinion as to the sufficiency of any bridge to sustain the transit of the locomotive, then the ques- tion shall be determined by an officer to be appointed, on the application of either party, by one of her Majesty's principal Secretaries of State, whose certificate of sufficiency of such bridge º entitle the owner of the locomotive to take the same over such ridge. 7. Where any turnpike or other roads, upon which locomotives are or hereafter may be used, pass or are or shall be carried over or across any stream or watercourse, navigable river, canal, or rail- way, by means of any bridge or arch (whether stationary or move- able), and such bridge or arch, or any of the walls, buttresses, or LOCOMOTIVE ACT, 1861. 215 supports thereof, shall be damaged by reason of any locomotive or any waggon or carriage drawn or propelled by or together with a locomotive passing over the same or coming into contact therewith, none of the proprietors, undertakers, directors, conservators, trus- tees, commissioners, or other person interested in or having the charge of such navigable river, canal, or railway, or the tolls thereof, or of such bridge or arch, shall be liable to repair or make good any damage so to be occasioned, or to make compensation to any person for any obstruction, interruption, or delay which may arise therefrom to the use of such bridge or arch, navigable river, canal, or railway, but every such damage shall be forthwith repaired to the satisfaction of the proprietors, undertakers, directors, con- servators, trustees, commissioners, or other persons as aforesaid, respectively interested in or having the charge of such river, canal, or railway, or the tolls thereof, or of such bridge or arch, by and at the expense of the owner or owners or the person or persons having the charge of such locomotive at the time of the happening of such damage; And all such owner and owners, person and persons having the charge of such locomotive as aforesaid, shall also be liable, both jointly and severally, to reimburse and make good as well to the proprietors, undertakers, directors, conservators, trustees, commis- sioners, and other persons interested in or having the charge of any such navigable river, canal, or railway, or the tolls thereof, or of Such bridge or arch, as to all persons navigating on or using, or who but for such obstruction, interruption, or delay would have navigated on or used the same, all losses and expenses which they or any of them may sustain or incur by reason of any such obstruction, interruption, or delay, such losses and expenses to be recoverable by action at law, which action, in case of such proprietors, under- takers, directors, conservators, trustees, commissioners, or other persons so interested as aforesaid, may be brought in the name or names of their agent or agents, clerk or clerks for the time being, iº any person or persons legally authorized to act in their €ſla,II. [Sect. 8 is repealed by the Highway Act, 1878, s. 30.] 10. All waggons, wains, carts, or carriages, as hereinbefore described, drawn by any locomotive, and loaded with any materials such as are now exempt from toll under the provisions of any general or local Act, shall be entitled to the same exemption as they would be if drawn by animal power. 12. All the clauses and provisions of any general or local Acts relating to turnpike roads or highways shall, so far as the same are not expressly altered or repealed by or are not inconsistent with the provisions of this Act, apply to all locomotives propelled by other than animal power, and to all waggons, wains, carts, and carriages of any other description drawn by such locomotive, and to the owners, drivers, and attendants thereof, in like manner as if drawn by animal power: Brovided always, that the weight of every locomotive, and the name of the owner or owners thereof, shall be conspicuously and legibly affixed thereon ; And any owner not having affixed such weight and such name shall, upon conviction thereof before two justices, forfeit any sum not exceeding 5l. Exemption from tolls continued. Turnpike Boad Acts to apply to locomotives. [Turnpikes have ceased to exist.] 216 APPENDIX. Right of action in case of nuisance. Short title. And any owner who shall fraudulently affix thereon any incorrect weight shall, upon conviction thereof, forfeit any sum not exceed- ing 10l. i8. Nothing in this Act contained shall authorize any person to use upon a highway a locomotive engine which shall be so con- structed or used as to cause a public or private nuisance; And every such person Sousing 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 Act, 1861.” LOCOMOTIVES ACT, 1865. (28 & 29 WICT. c. 83.) An Act for further regulating the use of Locomotives on Turn- pike and other Roads for agricultural and other purposes. [5th July, 1865.] 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, &c. 1. This Act shall not come into operation till the 1st day of September, 1865, which day is hereinafter referred to as the com- mencement of the Act, and shall cease and determine on the 1st of September, 1867.* 2. After the commencement of this Act, and so long as the same shall continue in force, the fifth, ninth, eleventh, and fifteenth sections of the said recited Act, and all orders made in pursuance of the said fifth section, are hereby repealed. 3. Every locomotive propelled by steam or any other than animal power on any turnpike road or public highway shall be worked according to the following rules and regulations; viz., Firstly, at least three persons shall be employed to drive 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: [The second sub-section is repealed by the Highway Act, 1878, 8. 29, and other provisions substituted.] Thirdly, the drivers of such locomotives shall give as much space as possible for the passing of other traffic : Fourthly, 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 24 & 25 Vict. c. 70. Commence- ment of Act. Certain sections of 24 & 25 Vict. c. 70, re- pealed. Fules for working locomotives on roads. * The Act has, since the date mentioned, been continued, from year to year, by the Expiring Laws Continuance Acts. LOCOMOTIVES ACT, 1865. 217 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: Fifthly, 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: - Sixthly, any person in charge of any such locomotive shall pro- vide 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; In the event of a non-compliance with any of the provisions of this section, the owner of the locomotive shall, on summary conviction thereof before two justices, be liable to a penalty not exceeding 101. ; 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. 4. Subject and without prejudice to the regulations hereinafter authorized to be made by local authorities, it shall not be lawful to drive any such locomotive along any turnpike road or public high- way 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. [Sect. 5 is repealed by the Highway Act, 1878, s. 28.] 6. Any provision in any Act contained prohibiting, under penalty, the erection and use of any steam engine, gin, or other like machine, or any machinery attached thereto within the distance of twenty-five yards from any part of any turnpike road, highway, carriageway, or cartway, unless such steam engine, gin, or other like engine or machinery be within some house or 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. 7. The name and residence of the owner of every locomotive shall be affixed thereto in a conspicuous manner. If it is not so affixed the owner shall, on summary conviction, be liable to a penalty not exceeding 21. [Sect. 8 is repealed, so far as regards England, by the Highway Act, 1878, s. 31, and other provisions substituted.] [Sects. 9, 10 relate to Ireland.] [Sect. 11 saves rights of sect. 41 of the Thames Embankment Act, 1862. #’soning in this Act contained shall authorize any person to use a locomotive which may be so constructed or used as to be public Penalty on non-compli- ance with rules. Speed of locomotives on roads. Festrictions as to steam engines within 25 yards of roads not to apply to locomotives ploughing. Owner's name and residence to be affixed to loco- motives. Savings as to actions at law. 218 APPENDIX. Short title. 24 & 25 Vict. c. 70. 28 & 29 Vict. c. 83. Short title. Application of Act. Bower of county autho- rity to make bye-laws. 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. 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. HIGHWAYS AND LOCOMOTIVES ACT, 1878. (41 & 42 WICT. c. 77.) An Act to amend the Law relating to Highways in England and . the Acts relating to Locomotives on Roads ; and for other purposes. [16th August, 1878.] WHEREAs it is expedient to amend the law relating to highways in England, and to amend the “Locomotive Acts, 1861 and 1865.”: Be it enacted, &c. Preliminary. 1. This Act may be cited as the “Highways and Locomotives (Amendment) Act, 1878.” 2. This Act shall not apply to Scotland or Ireland; and, save as is by this Act expressly provided, Part I. of this Act shall not apply to the Isle of Wight; nor to any part of the metropolis; nor to any part of a county to which the Act passed in the session of the twenty-third and twenty-fourth years of the reign of her present Majesty, chapter sixty-eight, intituled “An Act for the better ºnent and control of the highways in South Wales,” extends. BART I. AMENDMENT OF HIGHWAY LAW. Bye-laws by County Authority. 26. A county authority may from time to time make, with respect to all or any main roads or other highways within any highway area in their county, and when made alter or repeal, bye- laws for all or any of the purposes following; that is to say, (1.) For prohibiting or regulating the use of any waggon, wain, cart or carriage drawn by animal power and having wheels of which the fellies or tires are not of such width in proportion to the weight carried by, or to the size of, or to the number of wheels of such waggon, wain, cart or carriage, as may be specified in such bye-laws; and (2.) For prohibiting or regulating the use of any waggon, wain, cart or other carriage drawn by animal power not having the nails on its wheels countersunk in such manner as may be specified in such bye-laws, or having on its wheels bars or other projections forbidden by such bye-laws; and HIGHWAYS AND LOCOMOTIVES ACT, 1878. 219 (3.) For prohibiting or regulating the locking of the wheel of any waggon, wain, cart or carriage drawn by animal power when descending a hill, unless there is placed at the bottom of such wheel during the whole time of its being locked a skidpan slipper or shoe in such manner as to prevent the road from being destroyed or injured by the lockImg of such wheel; and (4.) For prohibiting or regulating the erection of gates across highways, and prohibiting gates opening outwards on high- ways; and (5.) For regulating the use of bicycles. IFines to be recovered summarily may be imposed by any such bye-laws on persons breaking any bye-law made under this section, provided that no fine exceeds for any one offence the sum of 21, and that the bye-laws are so framed as to allow of the recovery of any Sum less than the full amount of the fine. PART II. AMENDMENT OF LOCOMOTIVE ACTs, 1861 AND 1865. 28. Section three of the “Locomotive Act, 1861,” and section five of the “Locomotive Act, 1865,” are hereby repealed, so far as relates to Fngland, and in lieu thereof be it enacted that it shall not be lawful to use on any turnpike road or highway a locomotive constructed otherwise than in accordance with the following pro- visions; (that is to say), (1.) A locomotive not drawing any carriage, and not exceeding in weight three tons, shall have the tires of the wheels thereof not less than three inches in width, with an additional inch for every ton or fraction of a ton above the first three tons; and (2.) A locomotive drawing anywaggon or carriage shall have the tires of the driving wheels thereof not less than two inches in width for every ton in weight of the locomotive, unless the diameter of such wheels shall exceed five feet, when the width of the tires may be reduced in the same proportion as the diameter of the wheels is increased, but in such case the with of such tires shall not be less than fourteen inches; all (3.) A locomotive shall not exceed nine feet in width or fourteen tons in weight, except as hereinafter provided; and (4.) 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 tire, and the space intervening between each such cross-bar shall not exceed three inches. The owner of any locomotive used contrary to the foregoing pro- visions shall for every such offence be liable to a fine not exceeding five pounds: Provided that the mayor, aldermen, and commons in the city of London, and the Metropolitan Board of Works in the metropolis, exclusive of the city of London, and the council of any borough which has a separate Court of Quarter Sessions, and the county authority of any county, may, on the application of the Weight of locomotives and construc- tion of wheels. 24 & 25 Wict. c. 70. * 28 & 29 Wict. c. 83. 220 2 APPENDIX. Amendment of 28 & 29 Vict, c. 83, S. 3. Steam loco- motives to be constructed so as to consume , their smoke. 24 & 25 Wict. c. 70. Power to local authorities to make orders as to hours during which locomotives may pass over roads. 28 & 29 Vict. c. 83. Power of county autho- rity to license locomotives. owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorize such locomotive to be used on any turn- pike road or highway within the areas respectively above-mentioned, or part of any such road or highway, under such conditions (if any) as to them may appear desirable. Provided also, that the owner of a locomotive used contrary to the provisions of sub-section two of this section shall not be deemed guilty of an offence under this Section if he proves to the satisfaction of the Court having cogni- Zance of the case that such locomotive was constructed before the passing of this Act, and that the tires of the wheels thereof are not less than nine inches in width. 29. The paragraph numbered “secondly” of section three of the “Locomotive Act, 1865,” is hereby repealed, so far as relates to England, and in lieu thereof the following paragraph is hereby Substituted; namely, “Secondly, one of such persons, while the locomotive is in motion, shall precede by at least twenty yards the locomotive on foot, and shall in case of need assist horses, and carriages drawn by horses, passing the same.” 30. Section eight of the “Locomotive Act, 1861,” is hereby repealed, so far as relates to England; and in lieu thereof, be it enacted that every locomotive used on any turnpike road or high- way shall be constructed on the principle of consuming its own Smoke ; and any person using any locomotive not so constructed, or not consuming, so far as practicable, its own Smoke, shall be liable to a fine not exceeding five pounds for every day during which such locomotive is used on any such turnpike road or high- way. 31. Section eight of the Locomotive Act, 1865, is hereby repealed, So far as relates to England; and in lieu thereof, be it enacted that the mayor, aldermen, and commons in the city of London, and the Metropolitan Board of Works in the metropolis, exclusive of the city of Ilondon, and the council of any borough which has a sepa- rate Court of Quarter Sessions, and the county authority of any county, may make bye-laws as to the hours during which loco- motives are not to pass over the turnpike roads or highways situate within the areas respectively above-mentioned, the hours being in all cases consecutive hours and no more than eight out of the twenty-four, and for regulating the use of locomotives upon any highway, or preventing such use upon every bridge where such authority is satisfied that such use would be attended with danger to the public; and any person in charge of a locomotive acting contrary to such bye-laws shall be liable to a fine not exceeding five pounds. 32. A county authority may from time to time make, alter, and repeal bye-laws for granting annual licences to locomotives used within their county, and the fee (not exceeding 101.) to be paid in respect of each licence; and the owner of any locomotive for which a licence is required under any bye-law so made who uses or permits the same to be used in contravention of any such bye-law shall be liable to a fine not exceeding 408, for every day on which the same is so used. All fees received under this section shall be carried to and applied as part of the county rate. HIGHWAYS AND LOCOMOTIVES ACT, 1878. 221 This section shall not apply to any locomotive used solely for agricultural purposes. 33. This part of this Act shall remain in force so long only as the “Locomotive Act, 1865,” continues in force. TART III. Procedure and Definitions. 34. It shall be lawful for the Local Government Board to submit any provisional order made by them under this Act to Parliament for confirmation, and without such confirmation a provisional order shall not be of any validity. 35. A bye-law made under this Act, and any alteration made therein and any repeal of a bye-law, shall not be of any validity until it has been submitted to and confirmed by the Local Govern- ment Board. A bye-law made under this Act shall not, nor shall any alteration therein or addition thereto or repeal thereof, be confirmed until the expiration of one month after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district. 36. All offences, fines, and expenses under this Act, or any bye- law made in pursuance of this Act, may be prosecuted, enforced, and recovered before a court of summary jurisdiction in manner provided by the “Summary Jurisdiction Acts.” The expression the “Summary Jurisdiction Acts” means the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter forty-three, intituled, “An Act to facili- tate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary con- victions and orders,” inclusive of any Acts amending the same. The expression “court of summary jurisdiction” means and includes any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the “Summary Jurisdiction Acts: ” Provided that the Court, when hearing and determining an infor- mation or complaint under this Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some Court or other place appointed for the administration of justice, and for the time being Duration of Part II. of Act. 28 & 29 Wict. c. 83. Confirmation of provisional order Confirmation of bye-laws. #. Recovery of penalties and expenses. empowered by law to do alone any act authorized to be done by . more than one justice of the peace. 37. If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdiction on determining any information or complaint under this Act, the party so aggrieved may appeal therefrom . . . . to the next practicable court of quarter sessions. 38. In this Act— “County” has the same meaning as it has in the “Highway Act, 1862 and 1864,” except that every liberty not being assessable to the county rate of the county or counties within Form of appeal to quarter sessions. Interpreta- tion. 25 & 26 Vict. c. 61. 27 & 28 Vict. c. 101. 222 APPENDIX. 25 & 26 Viot. c. 61. 27 & 28 Vict. c. 101. 25 & 26 Viot. C. 61. 27 & 28 Vict. c. 101. 38 & 39 Vict. c. 55. 38 & 39 Vict. c. 55. 18 & 19 Vict. c. 120. which it is locally situate shall, for the purposes of this Act other than those relating to the formation and alteration of highway districts, and the transfer of the powers of a high- way board, be deemed to be a separate county: “County authority” means the justices of a county in general or quarter sessions assembled: “Borough" means any place for the time being subject to the Act of the session of the fifth and sixth years of the reign of Ring William the Fourth, chapter seventy-six, intituled, “An Act to provide for the regulation of municipal corpora- tions in England and Wales,” and the Acts amending the Sal ſle “Highway district” means a district constituted in pursuance of the “Highway Act, 1862,” and the “Highway Act, 1864,” or one of such Acts: “Highway board” means the highway board having jurisdiction within a highway district: “Highway parish ’ means a parish or place included or capable of being included in a highway district in pursuance of the “Highway Acts, 1862 and 1864,” or one of such Acts: “EHighway authority” means as respects an urban sanitary dis- trict the urban sanitary authority, and as respects a highway district the highway board, and as respects a highway parish the surveyor or surveyors or other officers performing similar duties: “Rural sanitary district ’’ and “rural sanitary authority’ mean respectively the districts and authorities declared to be rural sanitary districts and authorities by the “Public Health Act, 1875?? : “Urban sanitary district” and “urban sanitary authority” mean respectively the districts and authorities declared to be urban sanitary districts and authorities by the “Public Health Act, 1875,” except that for the purposes of this Act no borough having a separate court of quarter sessions, and no part of any such borough, shall be deemed to be or to be included in any such district, and where part of a parish is included in such district for the purpose only of the repairs of the highways such part shall be deemed to be included in the district for the purposes of this Act: “The Metropolis” means the parishes and places mentioned in the Schedules A., B., and C., annexed to the “Metropolis Management Act, 1855,” and any parish to which such Act may be extended by Order in Council in manner in the said Act provided; also the city of London and the liberties of the said city : “Quarter sessions” includes general sessions: “Petty sessional division” means any division for the holding a special sessions formed or to be formed under the provisions of the Act of the ninth year of the reign of his late Majesty IGing George the Fourth, chapter forty-three, or any Act amending the same; also any division of a county, or of a riding, division, parts, or liberty of a county, having a separate commission of the peace, in and for which petty sessions or special sessions are usually held, whether in one or more place or places, in accordance with any custom, or LOCOMOTIVE THRESHING ENGINES ACT, 1894. 223 otherwise than under the said last-mentioned Act; but does not include any city, borough, town corporate, or district constituted a petty sessional division by the Act of the session of the twelfth and thirteenth years of the reign of her present Majesty, chapter eighteen, intituled, “An Act for the holding of petty sessions of the peace in boroughs, and for providing places for the holding of such petty session in counties and boroughs”: “Locomotive” means a locomotive propelled by steam or by other than animal power: “Person” includes a body of persons corporate or unincorporate. LOCOMOTIVE THRESEIING ENGINES ACT, 1894. (57 & 58 WICT. c. 37.) An Act for Removal of the Restrictions on the use of Locomotive Engines for Threshing purposes. [17th August, 1894.] BE it 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 autho- rity of the same, as follows: 1. This Act may be cited as the Locomotive Threshing Engines Act, 1894. 2. Any provision in any Act contained prohibiting under penalty the erection and use of any steam engine, gin, or other like machine or any machinery attached thereto within the distance of twenty- five yards from any part of any turnpike road, highway, carriage- way, or cartway, unless such steam engine, gin, or other like engine or machinery be within some house or other building, or behind some fence, wall, 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 or any machinery attached thereto for the purpose of threshing within such distance of any such turnpike road, highway, carriage- way, or cartway, provided that a person is stationed on the road and employed for the purpose of signalling the driver of the engine whenever it is necessary to stop the engine on account of the approach of a horse, and of rendering assistance to the person in charge of the horse, and that the driver of the engine stops the Same when so signalled. Short title. Threshing engines to be exempt from previous penalties and restrictions. 224 APPENDIX. Exemption of light loco- motives from certain statutory provisions. IRegulations as to lights. Locomotives to carry a bell. Rate of speed. TJse of petro- leum, &c. LOCOMOTIVES ON HIGHWAYS ACT, 1896. (59 & 60 WICT. c. 36.) An Act to amend the Law with respect to the Use of Locomotives on Highways. [14th August, 1896.] BE it 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 autho- rity of the same, as follows:– 1.—(1.) The enactments mentioned in the schedule to this Act, and any other enactment restricting the use of locomotives on highways and contained in any public general or local and personal Act in force at the passing of this Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause; and vehicles so exempted, whether locomotives or drawn by locomotives, are in this Act referred to as light locomotives. Provided that— (a) the council of any county or county borough shall have power to make bye-laws preventing or restricting the use of such locomotives upon any bridge within their area, where such council are Satisfied that such use would be attended with damage to the bridge or danger to the public: (b) a light locomotive shall be deemed to be a carriage within the meaning of any Act of Parliament, whether public general or local, and of any rule, regulation, or bye-law, made under any Act of Parliament, and, if used as a carriage of any particular class, shall be deemed to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly. (2.) In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators, used for the purpose of propulsion, shall not be included. 2. During the period between one hour after sunset and one bour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board. 3. Every light locomotive shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage. - 4. No light locomotive shall travel along a public highway at a greater speed than fourteen miles an hour, or than any less speed that may be prescribed by regulations of the Local Government Board. 5. 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 regulations so LOCOMOTIVES ON HIGHWAYS ACT, 1896. 225 made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881. 6.—(1.) The Local Government Board may make regulations with respect to the use of light locomotives on highways, and their construction, and the conditions under which they may be used. (2.) Regulations under this section may, if the Local Govern- ment Board deem it necessary, be of a local nature and limited in their application to a particular area, and may, on the application of any local authority, prohibit or restrict the use of locomotives for purposes of traction in crowded streets, or in other places where Such use may be attended with danger to the public. All regulations under this section shall have full effect notwith- standing anything in any other Act, whether general or local, or any bye-laws or regulations made thereunder. Every regulation purporting to be made in pursuance of this Section shall be forthwith laid before both Houses of Parliament. 7. A breach of any bye-law or regulation made under this Act, or of any provision of this Act, may, on summary conviction, be punished by a fine not exceeding 10l. 8.—(1.) On and after the first day of January next after the passing of this Act there shall be granted, charged, and paid in Great Britain for every light locomotive which is liable to duty either as a carriage or as a hackney carriage, under section four of the Customs and Inland Revenue Act, 1888, an additional duty of excise at the following rate ; namely,– If the weight of the locomotive exceeds one ton £ 3, d. unladen, but does not exceed two tons un- laden - Gºgº sº gº ſº- sº gº * = If the weight of the locomotive exceeds two tons unladen - tº sº tº- ſº gº - 3 3 0 (2.) Every such duty shall be paid together with the duty on the licence for the locomotive as a carriage or a hackney carriage, and shall in England be dealt with in manner directed with respect to duties on local taxation licences within the meaning of the Local Government Act, 1888; and in Scotland be paid into the Local Taxation (Scotland) Account, and be dealt with as part of the residue within the meaning of section two, sub-section (3), of the Local Taxation (Customs and Excise) Act, 1890. 9. The requirements of sub-section (4) of section twenty-eight of the Highways and Locomotives Amendment Act, 1878, may be from time to time varied by order of the Local Government Board. 10. In the application of this Act to Scotland a reference to the Secretary for Scotland shall be substituted for a reference to the Local Government Board, a reference to the road authority of any county or burgh for a reference to the council of a county or county borough, and a reference to sub-section (4) of section three of the Locomotives Amendment (Scotland) Act, 1878, for a reference to sub-section (4) of section twenty-eight of the Highways and Loco- motives Amendment Act, 1878. 11. In the application of this Act to Ireland a reference to the Local Government Board for Ireland shall be substituted for a reference to the Local Government Board, and a reference to the council of a county shall be construed in an urban Sanitary district 2 2 0 B, Q 34 & 35 Vict. c. 105. 42 & 43 Vict. c. 47. 44 & 45 Vict. c. 67. Local Govern- ment Board regulations. Benalties. Excise duty on Certain locomotives. 51 & 52 Wict. c. 8. 51 & 52 Vict. c. 41. 53 & 54 Vict. c. 60. Construction of wheels of locomotives on roads. Application to Scotland. 41 & 42 Vict. c. 58. Application to Ireland. 226 APPENDIX. 41 & 42 Viot. c. 52. Short title and com- mencement. under the Public Health (Ireland) Act, 1878, as a reference to the urban sanitary authority, and elsewhere as a reference to the grand Jury. º 12. This Act may be cited as the Locomotives on Highways Act, 1896, and shall come into operation on the expiration of three months from the passing thereof. SCETEDTULE. ENACTMENTS WHICH ARE NOT TO APPLY TO LIGHT TOCOMOTIVES. The Locomotives Act, 1861 (24 & 25 Wict. c. 70), except so much of section one as relates to tolls on locomotives, and sections seven and thirteen. Section forty-one of the Thames Embankment Act, 1862 (25 & 26 Wict. c. 93). The Locomotives Act, 1865 (28 & 29 Wict. c. 83). tº The Locomotives Amendment (Scotland) Act, 1878 (41 & 42 Vict. C. 58). Part #. of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77). Section six of the Public Health (Ireland) Amendment Act, 1879 (42 & 43 Wict. c. 57). REGULATIONS AS TO PETROLEUM, 1896. (LOCOMOTIVES ON HIGHWAYs. 59 & 60 WICT. C. 36, s. 5.) In promulgating the following regulations relating to the keeping, conveyance, and use of petroleum in conneacion with light locomotives, the Secretary of State for the Home Department desires to call public attention to the dangers that may arise from the careless use of those more volatile descriptions of petroleum to which these rules apply, being petroleum to which the Petroleum Act, 1871, applies, and commonly known as “mineral spirit.” Not only is the vapour therefrom, which is given off at Ordinary temperature, capable of being easily ignited, but also, when mia!ed with air, of forming an ea plosive mixture. Hence the necessity for strict precautions in dealing with and handling the same, and for the employment of thoroughly sound and properly closed vessels to contain the same, the importance of avoiding the use of naked lights in dangerous proacimity to the same or to any place where such petroleum may be kept, and generally of taking precautions to prevent contact of the highly inflammable vapour of this very volatile liquid with any form of artificial light. REGULATIONS. IBy virtue of the powers conferred on me by the fifth section of the Locomotives on Highways Act, 1896, I hereby make the following regulations for the keeping and use of petroleum for the purposes of light locomotives. Save as herein provided, the provisions of the Petroleum Acts PETROLEUM REGULATIONS, 1896. 227 shall apply to all petroleum kept or used or sold for the purposes of light locomotives. In these regulations the expression “petroleum ” shall mean the petroleum to which the Petroleum Act, 1871, applies, provided that when any petroleum other than that to which the Petroleum Act, 1871, applies, is on or in any light locomotive or is being conveyed or kept in any place on or in which there is also present any petro- leum as above defined, the whole shall be deemed to be petroleum as above defined. 1. Petroleum shall not be kept, used, or conveyed, except in tanks or cases of metal so made and closed that no leakage, whether of liquid or vapour, can take place therefrom, and so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken or become defective or insecure in course of conveyance or use ; and every air-inlet in any such tank or case shall be at all times, except when the valve, if any, is required to be removed for immediate use or repair, protected by securely affixed wire gauze, the openings in which shall not be less in number than 400 to the Square inch. 2. Every such tank or case shall be clearly stamped or securely labelled with a legible metallic or enamelled label with the words “mineral spirit, highly inflammable, for use with light loco- motives.” 3. The amount of petroleum to be in any one such tank or case at one time shall not exceed 20 gallons. 4. There shall not be at the same time on or in any one light locomotive, more than two of such tanks as aforesaid. 5. Before repairs are done to any such tank or case, that tank or case shall, as far as practicable, be cleaned by the removal of all petroleum and of all dangerous vapours derived from the same. 6. When petroleum for use in, or in connexion with any light locomotive is not being so used, it shall be kept either in accord- ance with the provisions of the Petroleum Acts or in such tanks or cases as aforesaid ; Provided that the amount of petroleum which may be so kept in tanks or cases as aforesaid shall not exceed the amount of petroleum which may be kept on or in any one light locomotive at the same time, and that the tanks or cases shall be kept in the open air, or in some suitably ventilated place. 7. The filling or replenishing of a tank with petroleum shall not be carried on, nor shall the contents of any such tank be exposed by artificial light, except a light of such construction, position, or character as not to be liable to cause danger, and no artificial light shall be brought within dangerous proximity of the place where any tank containing petroleum is being kept. 8. In the case of all petroleum kept or conveyed for the purpose of or in connexion with any light locomotive (a) all due precautions shall be taken for the prevention of accidents by fire or explosion, and for the prevention of unauthorized persons having access to any petroleum kept or conveyed, and to the vessels containing or intended to contain, or having actually contained the same ; and (b) every person managing or employed on or in connexion with any light locomotive shall abstain from every act whatever which tends to cause fire or explosion, and which is not reasonably º and shall prevent any other person from committing such act, Q 2 228 APPENDIX. 9. These regulations shall come into operation on the 14th day of November, 1896, and be in force until further notice. M. W. RIDLEY. - One of her Majesty's principal Secretaries of State. Whitehall, 3rd November, 1896. LIGHT LOCOMOTIVES REGULATIONS, 1896. To THE COUNTY CouncILs of the several Administrative Counties in England and Wales;– 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 Autho- rities in Rural Districts in England and Wales;— And to all others whom it may concern. Whereas by section 6 of the Locomotives on Highways Act, 1896 (hereinafter called “the Act”), it is enacted that— “(1.) The Local Government Board may make regulations with respect to the use of light locomotives on highways, and * construction, and the conditions under which they may e used. “(2.) . . . . All regulations under this section shall have full effect notwithstanding anything in any other Act, whether general or local, or any bye-laws or regulations made there- under.” And whereas by section 2 of the Act it is enacted that— “During the period between one hour after sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board.” And whereas by section 7 of the Act it is enacted that— “A breach of any . . . . regulation made under this Act, . . . . may, on Summary conviction, be punished by a fine not exceeding ten pounds.” Now therefore, in pursuance of the powers given to us by the Act, and by any other statutes in that behalf, we, the Local Govern- ment Board, do by this our order make the following regulations with respect to the use of light locomotives on highways, and their construction, and the conditions under which they may be used, and direct that the same shall have effect on and after the fourteenth day of November, one thousand eight hundred and ninety-six :— Article I.-In this order— The expression “carriage” includes a waggon, cart, or other vehicle, LIGHT LOCOMOTIVES REGULATIONS, 1896. 229 The expression “horse’’ includes a mule or other beast of * or burden, and the expression “cattle” includes Sneep. The expression “light locomotive” means a vehicle propelled by mechanical power which is under three tons in weight un- laden, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not exceeding in weight unladen four tons), and is so constructed that no Smoke or visible vapour is emitted therefrom except from any temporary or accidental cause. In calculating for the purposes of this order the weight of a vehicle unladen, the weight of any water, fuel, or accu- mulators used for the purpose of propulsion shall not be included. t Article II.-No person shall cause or permit a light locomotive to be used on any highway, or shall drive or have charge of a light locomotive when so used, unless the conditions hereinafter set forth shall be satisfied, namely,– (1.) The light locomotive, if it exceeds in weight unladen five hundredweight, shall be capable of being so worked that it may travel either forwards or backwards. (2.) The light locomotive shall not exceed six and a half feet in width, such width to be measured between its extreme projecting points. (3.) The tyre of each wheel of the light locomotive shall be smooth and shall, where the same touches the ground, be flat and of the width following, namely,– (a) if the weight of the light locomotive unladen exceeds fifteen hundredweight, but does not exceed one ton, not less than two and a half inches; (b) if such weight exceeds one ton, but does not exceed two tons, not less than three inches; (c) if such weight exceeds two tons, not less than four inches. Provided that where a pneumatic tyre or other tyre of a soft and elastic material is used, the tyre may be round or curved, and there may be upon the same projections or bosses rising above the surface of the tyre if such pro- jections or bosses are of the same material as that of the tyre itself, or of some other soft and elastic material. The width of the tyre shall, for the purpose of this proviso, mean the extreme width of the soft and elastic material on the rim of the wheel when not subject to pressure. (4.) The light locomotive shall have two independent brakes in good working order, and of such efficiency that the appli- cation of either to such locomotive shall cause two of its wheels on the same axle to be so held that the wheels shall be effectually prevented from révolving, or shall have the same effect in stopping the light locomotive as if such wheels were so held. Provided that in the case of a bicycle this regulation shall apply as if, instead of two wheels on the same axle, one wheel was therein referred to. (5.) The light locomotive shall be so constructed as to admit of its being at all times under such control as not to cause 230 APPENDIX. undue interference with passenger or other traffic on any highway. (6.) In the case of a light locomotive drawing or constructed to draw another vehicle or constructed or used for the car- riage of goods, the name of the owner and the placo of his abode or business, and in every such case and in the case of every light locomotive weighing unladen one ton and a half or upwards, the weight of the light locomotive unladen shall be painted in one or more straight lines upon Some conspicuous part of the right or off side of the light locomotive in large legible letters in white upon black or black upon white, not less than one inch in height: (7.) The light locomotive and all the fittings thereof shall be in such a condition as not to cause, or to be likely to cause, danger to any person on the light locomotive or on any highway. (8.) There shall be in charge of the light locomotive when used on any highway a person competent to control and direct its use and movement. (9.) The lamp to be carried attached to the light locomotive in pursuance of section 2 of the Act shall be so constructed and placed as to exhibit, during the period between one hour after sunset and one hour before sunrise, a white light visible within a reasonable distance in the direction towards which the light locomotive is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp shall be placed on the extreme right or off side of the light locomotive in such a position as to be free from all obstruction to the light. Provided that this regulation shall not extend to any bicycle, tricycle, or other machine to which section 85 of the Local Government Act, 1888, applies. * Article ITI-No person shall cause or permit a light locomotive to be used on any highway for the purpose of drawing any vehicle, or shall drive or have charge of a light locomotive when used for such purpose unless the conditions hereinafter set forth shall be Satisfied, namely,– (1.) Regulations (2), (3), (5), and (7) of Article II. of this order shall apply as if the vehicle drawn by the light locomotive was therein referred to instead of the light locomotive itself, and regulation (6) of the Article shall apply as if such vehicle was a light locomotive constructed for the carriage of goods. (2.) The vehicle drawn by the light locomotive, except where the light locomotive travels at a rate not exceeding four miles an hour, shall have a brake in good working order of such efficiency that its application to the vehicle shall cause two of the wheels of the vehicle on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the vehicle as if such wheels were so held. (3.) The vehicle drawn by the light locomotive shall, when under the last preceding regulation a brake is required to be attached thereto, carry upon the vehicle a person com- petent to apply efficiently the brake : Provided that it LIGHT LOCOMOTIVES REGULATIONS, 1896. 231 shall not be necessary to comply with this regulation if the brakes upon the light locomotive by which the vehicle is drawn are so constructed and arranged that neither of such brakes can be used without bringing into action simultaneously the brake attached to the vehicle drawn, or if the brake of the vehicle drawn can be applied from ; light locomotive independently of the brakes of the 8,5061°, Article IV.-Every person driving or in charge of a light loco- motive when used on any highway shall comply with the regulations hereinafter set forth ; namely,– (1.) He shall not drive the light locomotive at any speed greater than is reasonable and proper having regard to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers. (2.) He shall not under any circumstances drive the light loco- motive at a greater speed than twelve miles an hour. If the weight unladen of the light locomotive is one ton and a half and does not exceed two tons, he shall not drive the same at a greater speed than eight miles an hour, or if such weight exceeds two tons at a greater speed than five miles an hour. Brovided that whatever may be the weight of the light locomotive, if it is used on any highway to draw any vehicle, he shall not under any circumstances drive it at a greater speed than six miles an hour. Provided also that this regulation shall only have effect during six months from the date of this order, and there- after until we otherwise direct. (3.) He shall not cause the light locomotive to travel backwards for a greater distance or time than may be requisite for purposes of Safety. (4.) He shall not negligently or wilfully cause any hurt or damage to any person, carriage, horse, or cattle, or to any goods conveyed in any carriage on any highway, or, when on the light locomotive, be in such a position that he can- not have control over the same, or quit the light locomotive without having taken due precautions against its being started in his absence, or allow the light locomotive or a vehicle drawn thereby to stand on such highway so as to cause any unnecessary obstruction thereof. (5.) He shall when meeting any carriage, horse, or cattle keep the light locomotive on the left or near side of the road, and when passing any carriage, horse, or cattle proceeding in the same direction keep the light locomotive on the right or off side of the same. (6.) He shall not negligently or wilfully prevent, hinder, or interrupt the free passage of any person, carriage, horse, or cattle on any highway, and shall keep the light loco- motive and any vehicle drawn thereby on the left or near side of the road for the purpose of allowing such passage. (7.) He shall, whenever necessary, by sounding the bell or other instrument required by section 3 of the Act, give audible and sufficient warning of the approach or position of the light locomotive. 232 APPENDIX. Protection of persons acting in execution of statutory or other public duty. (8.) He shall on the request of any police constable, or of any person having charge of a restive horse, or on any such constable or person putting up his hand as a signal for that purpose, cause the light locomotive to stop and to remain stationary so long as may be reasonably necessary. Article W.-If the light locomotive is one to which Regula- tion (6) of Article II, applies, and the particulars required by that regulation are not duly painted thereon, or if the light locomotive is one to which that regulation does not apply, the person driving or in charge thereof shall, on the request of any constable, or on the reasonable request of any other person, truly state his name and place of abode, and the name of the owner, and the place of his abode or business. This order may be cited as “The Light Locomotives on Highways Order, 1896.” Given under the seal of office of the Local Government Board, this ninth day of November, in the year one thousand eight hundred and ninety-six. (L.s.) HENRY CHAPLIN, President. HUGH Owen, Secretary, PUBLIC AUTHORITIES PROTECTION ACT, 1893. (56 & 57 WICT. c. 61.) An Act to generalize and amend certain statutory Provisions for the protection of Persons acting in the eaecution of statutory and other public Duties. [5th December, 1893.] BE it 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 autho- rity of the same, as follows: 1. Where after the commencement of this Act any action, prose- cution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority, the following pro- visions shall have effect : (a.) The action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof: (b.) Wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between soli- citor and client : (c.) Where the proceeding is an action for damages, tender of PUBLIC AUTHORITIES PROTECTION ACT, 1893. 233 amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into Court of any money in Satisfaction of the plaintiff’s claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defen- dant shall be entitled to costs, to be taxed as between solici- tor and client, as from the time of the tender or payment; but this provision shall not affect costs on any injunction in the action: (d.) If, in the opinion of the Court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the Court may award to the defendant costs to be taxed as between solicitor and client. This section shall not affect any proceedings by any department of the Government against any local authority or officer of a local authority. 2. There shall be repealed as to the United Kingdom so much of any public general Act as enacts that in any proceeding to which this Act applies— (a.) the proceeding is to be commenced in any particular place; OI’ (b.) the proceeding is to be commenced within any particular time ; or (c.) notice of action is to be given; or (d.) the defendant is to be entitled to any particular kind or amount of costs, or the plaintiff is to be deprived of costs in any specified event; or (e.) the defendant may plead the general issue; and in particular there shall be so repealed the enactments speci- fied in the schedule to this Act to the extent in that schedule mentioned. This repeal shall not affect any proceeding pending at the com- mencement of this Act. 3. This Act shall not apply to any action, prosecution, or other proceeding for any act done in pursuance or execution, or intended execution, of any Act of Parliament, or in respect of any alleged neglect or default in the execution of any Act of Parliament, or on account of any act done in any case instituted under an Act of Parliament, when that Act of Parliament applies to Scotland only, and contains a limitation of the time and other conditions for the action, prosecution, or proceeding. 4. This Act shall come into operation on the first day of January, one thousand eight hundred and ninety-four. A. 5. This Act may be cited as the Public Authorities Protection ct, 1893. Repeal. Saving as to Scotland. Iſle Sho Commence- Int rt title. I N D E X. -º- ABODE, CHANGE of, by proprietor of public carriage must be notified, 73. by driver or conductor, 59, 62. indorsement of, on licence, 62, 73. ABSTRACT, of laws relating to hackney carriages, 58. to be delivered to driver or conductor, 58. ADDRESS, refusal of, or giving false, after failure or refusal to pay fare, 70. penalty, 70. ADVERTISEMENT, none to be carried on any carriage so as to cause obstruction or annoyance, 66. .* AGREEMENT, to pay more than legal fare not binding, 55, 61. as to earnings of hackney or stage carriage must be in writing, 63 is not liable to stamp duty, 63. ANIMALS, cruelty to, 56, 70, 72. diseases of, 70. injuries to, 70. APPLICATION, for licence for public carriages in London, made to Commis- sioner in writing, 65, 72. for hackney carriage licence, form of, 80. for stage carriage licence, form of, 80. AVoIDING PAYMENT, hiring a cab with intent of, is an offence, 60, 70. fraudulently, 60, 70. refusal to give address, or giving false address, 70. penalty in above cases, 70. BALLEE, liable to be convicted of larceny, 125, 126. goods entrusted to, to be worked, liable for, 126. obligation of, to provide proper building, 126. or safe berth for a vessel, 126. liability of innkeeper as, 127, 128. 236 INDEX. BAILMENT, divided into six classes, 123, 124, 125. See also Bailee. BELL, or other instrument, on light locomotives, 12, 13. on bicycles or tricycles, 12, 13. on hackney carriages with rubber tyres, 86. BERNINA, the, illustration of negligence in, 103, 104. |BICYCLE, £º is a carriage within Highway Act, 1835.52. 4 / W. // lamp on, 11. bell on, 12, 13. speed of, 15. and similar vehicles liable to revenue duty when driven by mechanical power, 45. BOROUGH, bye-laws in, as to carriages and traffic generally, 53. BRAKE, two required on each light locomotive, 31. how applied, 31. on vehicle drawn by light locomotive, 34, 35. when brakesman required on such vehicle, 35. BRIDGES, restriction of use of locomotives upon, 5, 133. damage to, by locomotives to be made good by owner, 49, 133. obstruction of, by damage by locomotives, compensation by owner to person obstructed, 49. BYE-LAWs, of councils restricting use of bridges by light locomotives, 5. as to locomotives generally, 136. in boroughs as to traffic generally, 53. CAB, let on hire for less than one year, owner of liable for revenue duties, 47. See also Hackney Carriage. CAMPBELL’s (LORD) ACT, confers right of action upon certain persons in case of death of person injured, 109, 110. who may sue, 109, 110. time within which action may be commenced, 109. particulars to be given, 109. payment into Court under, 110. plaintiff must prove pecuniary loss, 110. CARRIAGES, lººtive are, within meaning of Acts of Parliament, 2, 6, 7, 8, 9. definitions of, 7. revenue duties payable in respect of, 43–46. used solely for the conveyance of goods or burden in the course of trade or husbandry, exempt from revenue duty, 45, 46. INDEX. 237 CARRIAGES-continued. of every kind to carry lamp in Surrey and Middlesex after sunset, 53. public. See Hackney Carriage. when used so as to be a nuisance, and causing injury to individual, remedy by action for, 92. See also Hackney and Stage Carriage. CARRIER, by special bargain, 123, 128. common, 123, 128 et 8eq. of goods for reward, liability of, 128. of passengers for reward, liability of, 128. implied warranty of skill of driver, 128. liability of, for neglect of himself or his servants, 128. not liable for pure accidents or hidden defects, 128. common, definition of, 128, 129. who is not common, 129. of passengers is not common, 129. common, bound to take utmost care, 129. common, not liable for deterioration, vice, wear, decay, 129. common, nature of dangerous goods to be communicated to, 130. liabilities of, may be varied by special contract, 130. terms of special contract of, must be reasonably brought to notice, 130. where loss of goods arises from negligence of carrier, he is not relieved by special contract, 130. liable for loss of goods by neglect of third party, 130. but may claim against third party, 130. must keep goods a reasonable time after transit ended, 130. liability of, restricted by Carriers Act, 130, 131. liability of, in case of theft by servants of, 131. value of goods to be declared to, in certain cases, 131. in case of loss of or injury to goods, consignee should sue, 131. CART. See Waggon. CIRCUs, travelling, carriages for band of, not exempt from revenue duties, 46. CoGGS v. BERNARD, law of bailment discussed in, 123, 124, 125. COMMISSIONERS, bye-laws by, as to hackney carriages outside the metropolis, 55, 56. of Police, licences granted by, in metropolis, 56, 65, 69, 72. approval of advertisement by, 58. one only appointed now in metropolis, 65. regulations by, in metropolis, 64, 65, 67, 86, 87. powers of registrar of metropolitan hackney carriages transferred to, 64. regulations as to standings by, 64. One may act alone, 64. in metropolis, authority from to affix distinguishing mark or number plate, 67, 73. authority from to remove same, 67, 74. 238 INDEX. COMMISSIONERS–continued. of Police, regulations as to routes by, 67. as to traffic, 70. indorsement upon licences by, of change of address, 73. transfer of licence by, 72. licence, revocation or suspension of, by, 74, 75. regulations by, as to inspection, 86, 87. COMMODATUM, definition of, in second class of bailments, 123, CONDUCTOR. See Driver. CONTRIBUTORY NEGLIGENCE, where plaintiff guilty of, he cannot recover, 97, 98, 104, 105. rules as to, 97, 104–106. if proximate cause is plaintiff's own act, he cannot recover, 104, 106. unless defendant could have avoided the mischief by ordinary care, 105, 106. CORPORATION, municipal, regulations as to traffic by, 53, 90. bye-laws must be within authority and reasonable, 91. CouncIL, of county or county boroughs, bye-laws by, as to bridges, 5. COUNTY CouncIL, regulations as to traffic by, 53, 90. regulations by, under the Highways and Locomotives Act, 1878...91. administrative business of county authorities transferred to, 90. regulations by, must be within authority and reasonable, 91. approval of regulations of, by Local Government Board, 90. CRUELTY to animals, 70. DAMAGE, done negligently or wilfully to public carriage, 15, 16. to hirer, compensation for, ordered by magistrate, 16, 63. but rights may be reserved by person injured, 16, 63. may be recovered by hirer from proprietor, 55. DAMAGES, remoteness of, no cause of action, 92, 98, 101, 102. liability for, founded on the “immediatecause” of theinjury,98. how measured, rules as to, 100, 101. excessive, when new trial granted, 100. insufficiency of, new trial, 101. for personal injuries, no action lies for, in case of shock from fright alone, 101, 102. rule in the “Notting Hill,” 102. suffered by hirer of hackney carriage, 16, 55, 63. DEPOSITUM, definition of, in first class of bailments, 123. is a bare delivery to keep for use of the bailor, 123, INDEX, 239 DISEASE, º ſº ſº * infectious, carriage of persons suffering from, in public vehicle, 58, 59, 71. person suffering, must not enter, without notifying, 71. must pay loss or expense of disinfection, 71. T)RIVER, of light locomotive must drive at reasonable rate of speed only, 13, 14. greatest speed 12 miles an hour, 14. table of speeds allowed to, 14, 15. not to drive backwards further than requisite for Safety, 15. not to negligently or wilfully cause damage, 15, 16. not to quit light locomotive, 16. not to cause obstruction, 16. meeting carriage, &c., to keep on near side, 16. passing º going in same direction, to keep light loco- motive on off side, 16. of any carriage, by negligence or misbehaviour, causing damage, liable to penalty, 51. must not quit carriage, 52. must not be at such distance as not to have control, 52. must not obstruct highway, 52. when meeting another waggon, &c., must keep on near side, 52. must not drive furiously, 52. of carriage, causing actual bodily harm by furious driving, guilty of a misdemeanor, 52, 90. must not drive upon footpath, 52. drunk in highway or public place, penalty upon, 52. term driver includes rider, 52. of any vehicle to carry lamp after sunset in Surrey and Middle- sex, 53. * of hackney carriage outside the metropolis, regulations and penalties, 54–56. term includes driver of an omnibus, 56. and conductor, 56. of hackney carriage is not a common carrier, 129. implied warranty by, to carry luggage safely, 129. intoxication of, 52, 55, 57, 59, 63. and conductor of hackney and stage carriage within metropolis, 58 et seq. licences granted to, 58. requisition for, 59. forgery of, 59. certificate of good conduct, 59. suspension and revocation of licence, 59. abstract of laws to be delivered to, with licence, 59. ticket or badge also to be given, 59. and worn conspicuously, 59. new ticket may be granted to, on loss or defacing of old, 59: on expiration of licence, it must be given up with ticket, 59. compensation to, on dismissal of complaint against, 59. from “bilking” hirer, 59, 60. must give notice of change of address, 59. fares to be claimed by, 60. 240 INDEX, DRIVER—continued. lost property found by, 60. proprietor must deliver up licence to, on termination of service, 63. agreement by, with proprietor as to earnings, to be in writing, 63 negligence of, proprietor liable for, 63. must not wilfully deceive as to route of stage carriage, 64. must not smoke after objection, 64. of hackney carriage to give hirer a ticket, 65, 66, 78. not to demand excessive fare, 61, 66. must carry authorized number of passengers, 66. and reasonable amount of luggage, 60, 65, 66. not to ply for hire with carriage or horse unfit for use, 66. See also Master and Servant, DUTIES imposed upon all persons with regard to their conduct as regards other persons, 93. EMPLOYERS’ LIABILITY ACT. See Master and Servant. ExCESSIVE WEIGHT, in relation to extraordinary traffic, 119. distinguished from extraordinary traffic, 119, 120. term is applicable only to each body of traffic separately, 121. total weight carried at different times not to be added together to constitute, 121. ExCISE, duties on carriages, 43–48, 91 (and see Appendix for the Statutes). See also Revenue. BXTRAORDINARY EXPENSEs, in relation to extraordinary traffic, meaning of, 118, 119. elements to be considered, 119. ExTRAORDINARY TRAFFIC, liability for, under the Highways and Locomotives Act, 1878 ...118–121. agreement for payment of composition in respect of, 118. meaning of, 119. ordinary traffic and usual loads of district are not, 119. distinguished from excessive weight, 119, 120. regard must be had only to the particular road to constitute, 120. actual person using the vehicles is alone liable for, 120. certificate of surveyor as to, 118. proceedings to be taken within six months of date of surveyor's certificate in case of, 121. EARE, to be taken in respect of public carriages, outside the metro- polis, 56. within the metropolis, 57, 60. plate, to be placed inside hackney carriage, 57. INDEX. 241 FARE-continued. table, to be painted up inside stage carriage, 57. excessive, 55, 61. * refusal to pay, 59. fraudulently avoiding payment of, 60. hackney carriage, in metropolis, 75, 78. by time or distance at option of hirer, 75. table of fares, 76, 77. hiring cab, with intent to avoid payment of lawful, 60, 70. fraudulently endeavouring to avoid payment of, 60, 70. penalties in above cases, 70. compensation in such case to driver, 70. FARES, for hackney carriages in metropolis as laid down in Act are minimum, 66 Secretary of State may raise, 66. list of, in metropolis, 75–78. outside four-mile radius, 1. shilling per mile, 66, 76. extra, where more than two passengers, 67, 77. Foot PASSENGER, has a right to walk in carriageway, 95. must exercise reasonable care, 95. FORMS, of applications for licences, 80. of certificate of fitness of carriage, 81. of licences, in metropolis, 81–85. FURIOUS DRIVING, penalty for, 52. where actual bodily harm caused, is a misdemeanour, 52, 90. causing hurt or damage, in case of, magistrate may award compensation, 63. if award made, future action is barred, 63. but injured person may reserve his rights, 63. GOODS, liability of common carrier for, 129, 130. deterioration, wear, vice, decay of, non-liability of common carrier for, 129, 130. dangerous, nature of, to be communicated to common carrier, 130. loss of, liability of common carrier, 130. he can recover from third party, 130. primá facie evidence of, when goods do not reach consignee, 130. theft of, by servants of carrier, liability for, 131. declaration of value of, to carriers, 131. loss of, or damage to, consignee should sue, 132. implied contract to carry at reasonable price, 132. 242 INDEX. HACKNEY CARRIAGE, definition of, 7, 46. within the metropolis, 68. te general regulations and penalties, outside the metropolis, 54- 56 bye-laws by Commissioners relating to, 55, 56. term to include an omnibus, 56. disinfection of, 59, 71. revenue duties payable in respect of, 44, 46, 47. lº h; for less than one year, owner of, liable for revenue uty, 47. omnibus is, for purpose of revenue duty, 47. in the metropolis, 56 et seq. abstract of Acts relating to, 60 et seq. licence to proprietor, how granted, 56. licence for, to whom granted, 57. transference of licence for, 57. licence for, when revoked or suspended, 57. examination of carriage, 57. omnibus, or stage carriage, number plate upon, 57. approval mark upon, 57. fare plate in, 57. table of fares inside a stage carriage, 57. check string within, 58. *: of sections of Acts relating to, within the metropolis, 60–70, reasonable quantity of luggage to be carried in, 60, 65, 77. luggage outside, extra payment for, 77 lamps on public carriages, 53, 69. lamp inside stage carriage, 58, 65. lost Pºrty in, to be deposited at police station, 60, 65, 69, 9 reward for, 79. penalty for not depositing, 65. in metropolis, printed notices, &c., not to obstruct light or ventilation, 58, 66, 74. to be driven six miles at least, 65, 66, 78. or for one hour, 65, 66, 78. at reasonable pace, 66. or stage, not to be withdrawn for two consecutive days without notice, 67. mark or plate upon, 67, 73. person suffering from infectious disease carried in, 58, 59, 71. disinfection of, 59, 71. used for conveyance of dead body, disinfection of, 71. notice of infectious disease to sanitary authority, 71. Sanitary authority required to provide for disinfection of, 71. in metropolis, inspection of, 57, 65, 72, 74, 86. certificate of fitness of, 57, 65. must not be used if unfit for use, 65. table of fares in, 57, 65, 73. * of persons to be carried in, to be painted up, 65, 69, certificate of fitness of, in metropolis, conditions of, 86. where inspected, 88, 89. INDEX. 243 HIGHWAY, Act, 1835, offences under, tabulated, 51—53. dangerousinstruments upon, liability for accidents from,99, 100. steam-plough by side of, is unreasonable or dangerous user of, 100. nuisance on, remedy for, 114–117. unreasonable user of, is an actionable nuisance, 115. obstruction of, is actionable, 116. vehicle left standing in, is an offence, 117. under Highways Act, 1835, it is unnecessary, to sustain a conviction for riding on footpath, to prove obstruction, 117. low wall with spikes abutting on, in case of injury, is an actionable nuisance, 117. obstruction of, by assembling of people and carriages, 117, 118. extraordinary traffic upon, liability for, 118–121. HINDERING free passage on highway by driver of light locomotive, 17. * EIORSE, restive, light locomotive to stop for, on request, 17. wilfully or negligently causing hurt to, by light locomotive, 15. light locomotive passing, 16, 17. cruelty to, 56. inspection of, for public carriage in metropolis, 65, 74. unfit for use, 66. IDENTIFICATION, of passenger with person in charge of vehicle or vessel, 102, 103. doctrine now overruled, 103, 104. INNKEEPER, liability of, as bailee, 127, 128. limited by statute, 127. responsibility of, for horse or carriage, 127. in such case, no limitation by statute, 127. lien of, upon goods of guest, 128. advertisement and sale of goods of guest by, 128. INSPECTION, of public carriage in the metropolis, 65, 72, 74, 86, 87. and of horses or harness, 65, 72, 74, 86, 87. INTOXICATION, of person in charge of any carriage or engine upon highway, penalty for, 52, 90. *, of driver, &c., of public carriage, 55, 59, 61, 63. IRELAND, regulations as to light locomotives in, 48. JUSTICES. See Magistrates. R 2 244 INDEX. LAMP, when required on light locomotive, 10. construction of, 11. when ordinary vehicles to carry, 10, 11. on bicycles and tricycles, 11. on ordinary locomotive, 134. inside stage carriage, 58, 65. on hackney carriage, 69. on carriages generally, 53. on light locomotive, 10, 11. on bicycles and similar vehicles, 11. volunteer cyclists must carry, 12. LARCENY, bailee may be convicted of, 125, 126. LEVEL CROSSING, 95—98. º railway, death through being run over at, 97. negligence, how proved, 97. LICENCE, to proprietor of omnibus or hackney carriage, outside the metropolis, 54. for hackney and stage carriages in metropolis, conditions for grant of, 65, 68, 72, 73. application for, 56, 72, 80. duration of, one year, 68. fee for, 68, 72. transfer of, 57, 68, 73. to drivers and conductors of hackney and stage carriages, 58, 59, 62, 68, 75. fee for, 69. suspension or revocation of, 57, 74, 75. of proprietor of public carriages, order as to, 73, 74. of drivers and conductors, order as to, 75. revocation of, order as to, 74, 75. for ordinary locomotive, 136. not required if used solely for agricultural purposes, 136. TIGHT LOCOMOTIVES, use of, legalized, 2. definition of, 1, 28. deemed to be carriages within all Acts of Parliament, 2, 6–9. exempted from provisions of scheduled Acts, 2, 3. damage done to bridges by, to be made good, 3, 49. losses incurred by persons obstructed by damage to bridge to be made good by, 49. licence Aom county or borough councils not required for, 3. mechańical power of, how produced, 4. weight of, 4, 28, 29. -- must be under three tons unladen, 4. when drawing another vehicle, must not, together, exceed four tons, 4, Smoke or visible vapour not to be emitted, except temporary or- accidental, 4, 5, 29. - * when used as carriages of particular class, 6–9. INDEX. 245 LIGHT LOCOMOTIVES–continued. used as waggon, cart, car or dray, to have name of owner painted thereon, 8. tº ſº ºn tº private, name of owner not required upon, unless within regulations, 9. lamp on, 10, 11. bell on, 12, 13. construction of, 30—35. if weight exceeds five hundredweight, to be capable of travel- ling backwards, 29. width of, 30. wheels of, 30, 31. excise duties upon, 43—47. in addition to carriage licence, 43. none payable, if none chargeable as carriage or hackney carriage, 44, 45, 46. to be under control at all times, 32. Iname and address of owner, when to be painted on, 32. and fittings to bein such condition as not to cause danger, 33. speed of, limited by regulations, 13, 14, 15. to be reasonable and proper, 14. extreme limit twelve miles an hour, 14. table of speeds permitted, 14. not to travel backwards further than is requisite for safety, 15. speed of, generally, 17, 18. exempted from certain enactments, 49. liable to tolls, 49. not authorized to be used so as to cause nuisance, 3, 50. if so used, owner liable to action or indictment, 50. condition likely to cause danger, is a question of fact, 33. when injury actually caused by, to a workman, the Employers Liability Act applies, 33, 111. person in charge of, must be competent, 34. person in charge of vehicle drawn by, must be competent, 34. vehicles drawn by, regulations as to, 34, 38. LOCAL AUTHORITY, may apply for regulations of a local nature as to light loco- motives, 18. application should be deferred, 19. bye-laws by, as to ordinary locomotives, 136. LOCAL GOVERNMENT BOARD, letter of Secretary to, 17, 18, 36, 41, 47, 48. regulations by, 13–19, 28–41. approval of bye-laws as to ordinary locomotives by, 136. LOCATIO OPERIS FACIENDI, definition of, in fifth class of bailments, 124, 125. law as to, 126 et seq. f LOCATIO REI, definition of, in third class of bailments, 124. LOCOMOTIVE, ORDINARY, bye-laws as to, by local authorities, 136. licence for, 136. - not necessary in case of use of, solely for agricultural pur- poses, 136. 246 INDEX. LOCOMOTIVE, ORDINARY-continued. proceedings as to, under Summary Jurisdiction Acts, 137. liability to tolls, 3, 133. restriction as to use of, upon bridges, 3, 133. owner of, to make good damage done to bridges, 133. rules as to use of, 133, 134. lights upon, 134. owner's name upon, 134. speed of, 134. table of speed of, 14, 15. not be used so as to cause a nuisance, 33, 50, 114, 135. sparks from, liability of owner for, 100, 135. construction of, 48, 135, 137. width of, 135. weight of, 135. wheels of, 135, 136. consumption of smoke by, 136. * requirements as to construction may be varied by Local Govern- ment Board, 48, 135, 136. requirements as to construction, under Highways and Loco- motives Act, 1878 ...48, 135–137. IOST PROPERTY, rules as to, to be made by Commissioners outside the metro- polis, 56. within metropolis, 60. order as to, 79. search for, in public carriage, 79. to be taken to police station, 65, 79. sale of, 79. reward for, 65, 79. TIUGGAGE, reasonable quantity to be carried on hackney carriage, 60. extra payment for, when carried outside hackney carriage, 77. MAGISTRATE, to determine disputes between proprietors and drivers and conductors, 63. may revoke licence of driver or conductor upon conviction, 63. may award compensation when complaint not substantiated, 55. compensation to person injured ordered by, 63. penalties to be inflicted by. See Chap. II. may indorse conviction on licence, 62. in metropolis to hear disputes as to hackney carriages, 66. how many to sit, 66. to hear and determine disputes and offences generally. See Chap. II. MANDATUM, definition of, in sixth class of bailments, 125. K, or plate to be affixed on a hackney carriage, 67, 73. may be removed when carriage in unfit state, 67. not to be removed or concealed except by authority of Commis- sioner, 74, INDEX. 247 MASTER, liability of, for negligence of his servants, 103, 104, 106, 107, 108. in case of hackney carriages, even though the relationship does not exist, 58, 63, 107, 108. the last rule does not apply in the case of locomotives, 108, 109. liability of, for injuries to servant, 111–113. damages recoverable from, 111. liable at common law to his servant for his personal negligence, 110. but not for negligence of fellow servants, 111. doctrine of volenti non fit injuria, 112, 113. action # be commenced within twelve months in case of death, 13. i or in other cases within six months, 113. notice to be given within six weeks, 113. action to be in County Court, 113. MECHANICAL Power, light locomotive to be propelled by, 3. how produced, 4. METROPOLIS, limits of, for purposes of hackney carriages, 68. MOTOR CARs, use of, legalized, 2. law as to. See Chap. I. ; and see Light Locomotive. NAME AND ADDRESS, of owner of light locomotive, when to be painted on, 32. when used as hackney or stage carriage, person in charge of light locomotive to give, and his own, on request, 33, 35. of owner on waggon, cart, &c., 51, 61. stage carriage, 54. omnibus, 87. locomotive, 134. NEGLIGENCE, of driver of public carriage, proprietor liable for, 63. all vehicles subject to ordinary rules of, 92. defendant not answerable for injury not reasonably expected to result from his, 92. definition of, 93. rules as to, founded upon duty, 93. when actionable, 93. burden of proof of, 94. what plaintiff must prove, 96–98. mº cause or materially contribute to accident, to be action- able, 96. when obstruction of road by dangerous instruments is, 99, 100. in such a case plaintiff can recover though other circumstances intervene, 99. whether there is evidence of, is question for judge, 94, 95. whether facts proved amount to, is question for jury, 94, 95. whether action for, is framed in contract or tort, 106, 248 INDEX, NUISANCE, public, remedy for, by information, 114. or by action at suit of Attorney-General, 115, if causing special damage, private individual can maintain action, 114. locomotive not to be used so as to cause, 50, 114, 135. use of vehicles, which, apart from statutory authority, are nuisances, is limited, 115. steam-roller is a, and the owner liable for damages though not guilty of negligence, 115. by obstruction, 115–117. reasonable user of highway is not, 115. excessive user is, 115. Jº is actionable, in case of obstruction to shop by continually emptying vans, 115. or in case of leaving van or vehicle by the roadside, so as to frighten horses, 116. or negligently allowing water to spout up in highway, 116. smoke, steam, excessive noise, &c., may be actionable, 116, 117. erection near roadside may be actionable, 116, 117. low wall with spikes abutting on highway and causing injury is actionable, 117. OBSTRUCTION, unreasonable user of highway is, 115. of access to shop by continually emptying vans is an actionable nuisance, 115. by leaving vehicles, &c., by the roadside so as to frighten horses or cattle, is an actionable nuisance, 116, 117. of highway by assembling of people and carriages, 117, 118. by loitering, by driver of public carriage, is an offence, 59, 61, 64 of highway by any carriage is an offence, 52. OMNIBUS, is a hackney carriage, 7, 56. owner's name must be upon, 87. See also Stage Carriage. PENALTY, for breach of Light Locomotives Act or regulations, 10l....42. to be recovered by Summary conviction, 42. for offences relating to public carriages recoverable under the Summary Jurisdiction Acts, 69, 91. PETROLEUM, to, º locomotives, regulations by Secretary of State, what is, 20, 21. how kept, used, or conveyed, 20, 21. tanks or cases to be metal, 20. air inlet to be protected by wire gauze, 20, INDEX. 249 PETROLEUM–continued. temperature at which inflammable vapour given off, 21. to be kept with due precautions, 26. nothing to be done tending to cause fire or explosion of, 27. mode of keeping, using, or conveying petroleum, 21–24. licences to be granted for storing petroleum, 21, 22. by whom granted, 22. hawkers of petroleum, 23. offences as to, by servant of licensee, 24. PLACE, when a railway station is a, for the purpose of a hackney carriage plying for hire, 60, 66. BLATE, or mark to be affixed to hackney carriage, 67, 73. removal of, 67, 74. only by authorized person, 74. to be of metal and to bear a number, 73. where to be placed, 73. not to be counterfeited, 67. IPROPRIETOR, of hackney carriage outside the metropolis, regulations and penalties, 54–56. licence for carriage to, 54. licence to, in metropolis, 56. to retain licence of driver or conductor, 62. and produce when required, 62. to deliver up on expiration of service, 63. of public carriage, liable for the negligence of driver, 63. liability is that of master and servant although the relationship does not, in fact, exist, 63. agreement by, with driver or conductor as to earnings, to be in writing, 63. must produce driver or conductor when required, 64. may not withdraw hackney or stage carriage for two consecutive days without notice, 67. PROXIMATE, or immediate cause of injury, is foundation of liability for negligence, 98, 99. must be natural consequence of the act, 99, 100. PUBLIC AUTHORITIES, notice of action against, to be given, 113, 121, 122. tender of amends by, 113, 121. RADIUS, four-mile, from Charing Cross, 66, 75. RAILWAY, company is common carrier of goods, 129. not of passengers, 129. RAILWAY STATION is a “place” within 16 & 17 Vict, c. 33, s. 17.60. B, S 250 INDEX. REGULATIONS, as to light locomotives, 13–19, 27–41. passing horses or cattle, 16, 17. construction of light locomotives, 29–41. light locomotives, of a local nature, deferred, 41. do not exempt, from operation of statutory provisions or bye-laws, 41. breach of, penalty 10l., 41, 42. recovered by summary conviction, 41. petroleum, by Secretary of State, 19–27. by sº of State as to hackney and stage carriages, 69, restrictions as to, 69. * * by Commissioner of Police as to inspection of hackney and stage carriages, 86–89. REVENUE, duties payable in respect of light locomotives, 43–47. of carriages, 43, 44. licence to be granted, 44, 47. in respect of hackney carriages, 44, 46, 47. bicycles and tricycles, &c., 45. exemptions from, 45, 46. only in case of bonā fide use, 46. SAFETY WALWE, defective, on a light locomotive, when likely to cause danger, 33. SCOTLAND, regulations as to light locomotives in, 48. SECRETARY OF STATE, may make regulations as to hackney and stage carriages, 69. regulations by, 72—85. restrictions as to regulations by, 69. penalty for breach of regulations by, 69. SERVANT, * negligence of, liability of master for, 103, 104, 106–108. driver of cab, master liable for negligence of, 58, 63, 107, 108. liability of master for injuries to, 111–113. what damages recoverable by, 111. when he is a “workman,” 111. driver of tramcar is not a “workman,” 111. doctrine of volenti non fit injuria, 112, 113. action to be commenced in County Court, 113. within twelve months in case of death, 113. within six months in other cases, 113. notice of injury to be given within six weeks, 113. “workman” may contract out of Act, 113. even though an infant, 113. See also Master. SHOCK, nervous, from fright, apart from physical injuries, action for not maintainable, 101, 102. INDEX. 251 SMOKE, or visible vapour not to be emitted by light locomotives except accidentally or temporarily, 4, 5. emission of, onus upon defendant, 5, 136. - of factory furnace not effectually consumed, owner not liable when caused by carelessness of stoker, 5, 136. consumption of, by ordinary locomotive, 135. SPARKS, wº from traction engine causing damage, liability for, 100. even though no negligence, 100. SPEED, of light locomotive, table of, 14. never in any case to be greater than reasonable, 14, 40. modifications as to, may be made in future, 18. of ordinary locomotive, 134. table of, applying to all vehicles, 14, 15. STAGE CARRIAGE, definition of, 53. in metropolis, 68. regulations and penalties as to, 54 et Seq, metropolitan, certificate of fitness of, conditions of, 87. inspection of, 58, 65, 72, 73, 88, 89. STREET-CROSSING, foot passenger upon, must use reasonable care, 95, 96. SUMMARY PROCEEDINGS, for breach of regulations under Light Locomotives Act, 42. as to carriages of particular class, 42, 69, 91. appeal, when allowed, 42. } by special case, 42. TABLE of hackney carriage fares in the metropolis, 76–78. TANKS, for petroleum to be of metal, 20. air inlet to, must be protected by wire gauze, 20. to be stamped or labelled, 24. capacity of, limited to twenty gallons, 24. not more than two on any one light locomotive, 25. repairs to, 25. when not in use for light locomotive, subject to Petroleum Acts, 25. refilling of, 26. artificial light not to be brought into dangerous proximity of, 26. THEFT of goods by servants of carrier, liability for, 131. THRESHING ENGINE, fencing of, to prevent accidents, 137. restrictions as to use of, near a road, 137. TICKET, * to be given to hirer by driver of hackney carriage, 65, 66, 78. form of, 78. - or badge to be worn by driver of public carriage, 55, 59, 62. TOLLS, liability of light locomotives to, 49. 252 INDEX. TRACTION ENGINE, sparks from causing damage, liability for, 100, 135. TRAFFIC, regulation of, by boroughs and county councils, 53, 90. in metropolis, 67, 70. extraordinary. See Eaſtraordinary Traffic. TRAMCARS, 9. TYRE, of wheel of light locomotive, 30, 31. to be smooth and flat, 30. unless pneumatic, or of elastic material, 31. of wheel of locomotive, 135. WADIUM, definition of, in fourth class of bailments, 124. "WEEIICLE, drawn by light locomotive, regulations as to, 34, 35, 38. name and address of owner and particulars upon, 30, 32, 34, 38. wheels of, 30, 34. brake upon, 34, 35. competent person to control brake upon, when required, 35. name of owner to be given when required, 35, 36. drawn by light locomotive, speed of, in no case to exceed six miles an hour, 14, 40. VISIBLE WAPOUR not to be emitted by light locomotive except accidentally or temporarily, 4, 5. WAGGON, cart or other such carriage, owner's name, &c., to be painted On, 51. light cart is not within section, 51. driver of, must disclose owner’s name, 51. in Middlesex and Surrey, to carry lamp after sunset, 53. See also Carriage. WEIGHT, of light locomotive, not to exceed three tons, 4. when drawing another vehicle, together not to exceed four tons, 4. how calculated, 9, 10. of ordinary locomotive, 135. See also Eastraordinary Traffic. WHARFINGER, is not common carrier, 129. even though under circumstances considered carrier, 129. WHEEL, of light locomotive, construction of, 30, 31. may have pneumatic tyre, 31. brake on, 31, 34, 35. of ordinary locomotive, 135, 136. WoRKMAN, meaning of, within Employers' Liability Act, 111. PRINTED BY G. F. ROWORTH, GREAT NEW STREET, FETTER LANE, B.C. TELEGRAPH/0 ADDRESS— February, 1897. DRONS, LONDON.' CATALOGUE LAW WORKS IPUBLISHED BY STEVENS AND SONS, LTD. 779 & 120, Chancery Lane, London. (And at 14, Bell Yard, Lincoln's Inn.) 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Demy 8vo. 1894. 28s. “A work which, in our opinion, shows great ability, a discerning intellect, a comprehensive mind, and painstaking industry.”—Law Journal. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 7 CONVEYAN CING,-Dart,-Wide “Vendors and Purchasers.” Dickins' Precedents of General Requisitions on Title, with Ex- planatory Notes and Observations for the use of Articled Clerks, Law Students, and others. By HERBERT A. DICKINS, Esq., Solicitor. Royal 12mo. 1896. 58. “We cannot do better than advise every lawyer with a conveyancing practice to purchase the little book and place it on his shelves forthwith.”—Law Notes. Greenwood's Manual of the Practice of Conveyancing.—Ninth Edition. Edited by HARRY GREEN wooD, M.A., LL.D., Esq., Bar- rister-at-Law. (In the press.) “We should like to see it placed by his principal in the hands of every articled º: ..one of the most useful practical works we have ever seen.”—Law Students’ O247°720, Morris's Patents Conveyancing.—Being a Collection of Precedents in Conveyancing in relation to Letters Patent for Inventions. With Dissertations and Copious Notes on the Law and Practice. By ToBERT MoRRIs, Esq., Barrister-at-Law. Royal 8vo. 1887. 17. 5s. Palmer's Company Precedents.--For use in relation to Companies subject to the Companies Acts, 1862 to 1890. Part I. CoMPANY FORMS. Arranged as follows:—Promoters, Pro- spectus, Agreements, Underwriting, Memoranda and Articles of Association, Private Companies, Employés' Benefits, Resolutions, Notices, Certificates, Powers of Attorney, Debentures and Debenture Stock, Banking and Advance Securities, Petitions, Writs, Pleadings, Judgments and Orders, Reconstruction, Amalgamation, Special Acts. With Copious Notes and an Appendix containing the Acts and Rules. Sixth Edition. By FRANCIS BEAUFORT PALMER, assisted by CHARLES MACNAGHTEN and ARTHUR JoBN CHITTY, Esqrs., Barristers-at-Law. Royal 8vo. 1895. 1!. 16s. “No company lawyer can afford to be without it.”—Law Journal. Part II. WINDING-UP FoRMS AND PRACTICE. Arranged as fol- lows:—Compulsory Winding-Up, Voluntary Winding-Up, Winding- Up under Supervision, Arrangements and Compromises, with a Chapter on Debentures, and Copious Notes, and an Appendix of Acts and Rules. Seventh Edition. By FRANCIS BEAUFORT PALMER, assisted by FRANK Evans, Esqrs., Barristers-at-Law. Royal 8vo. (In the press.) “Palmer’s ‘Company Precedents’ is the book par excellence for practitioners. It is certain to be used alike by the company draftsman and by the habitué of the Court where Mr. Justice Williams presides. There is nothing we can think of which should be within the covers which we do not find.”—Law Journal. Prideaux's Precedents in Conveyancing—With Dissertations on its Law and Practice. 16th Edit. By JoHN WHITCOMBE and BETHUNE HoRSBRUGH, Fsqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1895. 32.10s. “‘Prideaux’ is the best work on Conveyancing.—Law Journal. “A clerk who has but small legal knowledge can frame a draft correctly, if indeed the draft is to follow closely any of the precedents contained in this book, with only a moderate amount of supervision from his principal.”—Law Quarterly. “Accurate, concise, clear, and comprehensive in scope, and we know of no treatise upon Conveyancing which is so generally useful to the practitioner.”— Law Times. .. w tº tº º Turner's Duties of Solicitor to Client as to Partnership Agree- ments, Leases, Settlements, and Wills, — By EDWARD F. TURNER, Solicitor. Demy 8vo. 1884. 10s. 6d. COPYHOLD-The Copyhold Act, 1894—With a short Introduc- tion, Notes, and Index.-By W. A. PECK, Esq., Barrister-at-Law. Royal 8vo. 1894. Net, 1s. 6d. 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COUNTY COUNCILS-Bazalgette and Humphreys, Chambers, —Wide “Local and Municipal Government.” COUNTY COURT APPEALS,-Chamier's Law and Practice re- lating to County Court Appeals; Mandamus, Prohibition, and Certiorari. By DANIEL CHAMIER, Esq., Barrister-at-Law. Demy 8vo. 1896. 10s. “This book fills a want in giving in a concise and handy form a statement of the procedure in County Court appeals, and also in the branches of appellate and corrective jurisdiction over the inferior courts.”—Law Times. COUNTY COURTS, - The Annual County Court Practice, T897,-Founded on PolloCK and NICOL’s and HEY wooD's Practices of the County Courts. Containing the Jurisdiction and Practice under the County Courts Act, the Bills of Exchange Act, and the Employers' Liability Act, and the Statutes, Rules of Practice, IForms, and Tables of Fees and Costs, &c. By His Honour Judge SMYLY, Q.C. 2 vols. Demy 8vo. ll. 5s. COVENANTS,-Hamilton's Concise Treatise on the Law of Covenants, By G. BALDWIN HAMILTON, Esq., Barrister-at-Law. Demy 8vo. 1888. 7s. 6d. CRIMINAL LAW-Archbold's Pleading and Evidence in Criminal Cases, With the Statutes, Precedents of Indictments, &c. Twenty- first Edition. By WILLIAM BRUCE, Esq., Stipendiary Magistrate for Leeds. Royal 12mo. 1893. l!. 11s. 6d. Chitty's Collection of Statutes relating to Criminal Law, (Re- printed from “Chitty’s Statutes.”) With an Introduction and Index. By W. F. CRATES, Esq., Barrister-at-Law. Royal 8vo. 1894. 10s. Disney and Gundry's Criminal Law, A Sketch of its Principles and Practice. By HENRY W. DISNEY and HAROLD GUNDRY, Esqrs., Barristers-at-Law. Demy 8vo. 1895. 7s. 6d. “We think we have here just what students want. The work is based upon a perfect knowledge of the statute law, and is compiled from the best and most recent authorities.”—Law Times. Kershaw's Brief Aids to Criminal Law,-With Notes on the Pro- cedure and Evidence. By HILTON KERSHAw, Esq., Barrister-at- Law. Royal 12mo. 1897. 3s. Roscoe's Digest of the Law of Evidence in Criminal Cases,— Eleventh Edition. By HoRACE SMITH and GILBERT GEORGE KEN- NEDY, Esqrs., Metropolitan Magistrates. Demy 8vo. 1890. 11.11s. 6d. “To the criminal lawyer it is bis guide, philosopher and friend. What Roscoe says most judges will accept without question.”—Law Times, g Russell's Treatise on Crimes and Misdemeanors, Sixth Edit. By HoRACE SMITH, Esq., Metropolitan Police Magistrate, and A. P. PERCEVAL KEEP, Esq., Barrister-at-Law. 3 vols. Roy. 8vo. 1896. 5!. 15s. 6d. “No library can be said to be complete without the new edition of Russell on Crimes.”—Law Times. i. ºpensable in every Court of criminal justice here and in our Colonies.” *º- € 177726S. “No more trustworthy authority, or more exhausive expositor, than ‘Russell’ can be consulted.”—Law Magazine and Review. *, * All standard Law Works are kept in Stock, in law calf and other bindings, 119 & 120, CHANCERY LANE, LONDON, W.C. 9 CRIMINAL LAW-continued. Shirley's Sketch of the Criminal Law.-By W. S. SHIELEY, Esq., Barrister-at-Law. Second Edition. By CHARLEs STEPHEN HUNTER, Esq., Barrister-at-Law. Demy 8vo. 1889. 78. 6d. Warburton, Wide “Leading Cases.” Thring.—Wide “Navy.” DEATH DUTIES.–Freeth's Acts relating to the New Death Duty, called the Estate Duty, with an Introduction dealing with the other Death Duties, A Digest, Copious Notes, and an Appendix contain- ing the Estate Duty Forms, and the Rules regulating Proceedings in England and Ireland in Appeals under the Acts. Second Edition. By EvKLYN FREETH, Esq., Deputy-Controller of Legacy and Succes- sion Duties. Demy 8vo. 1897. 12s. 6d. “The official position of the Author renders his opinion on questions of proce- dure of great value, and we think that this book will be found very useful to solicitors who have to prepare accounts for duty.”—Solicitors’ Journal. Harman's Finance Act, 1894, so far as it relates to the Death Duties. With an Introduction and Notes, and an Appendix of Forms. By J. E. HARMAN, Esq., Barrister-at-Law. Royal 12mo. 1894. 58. DECISIONS OF SIR GEORGE JESSEL-Peter's Analysis and Digest of the Decisions of Sir George Jessel; with Notes, &c. By APSLEY PETRE PETER, Solicitor. Demy 8vo. 1883. 163. DIARY,-Lawyers' Companion (The) and Diary, and London and Provincial Law Directory for 1897-For the use of the Legal Brofession, Public Companies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. Edited by EDWIN LAYMAN, Esq., Barrister-at- Law ; and contains Tables of Costs in the High Court of Judicature and County Court, &c.; Monthly Diary of County, Local Government, and Parish Business; Oaths in Supreme Court; Summary of Sta- tutes of 1896; Alphabetical Index to the Practical Statutes since 1820; Schedule of Stamp Duties; Legal Time, Interest, Discount, Income, Wages and other Tables; the New Death Duties; and a variety of matters of practical utility: together with a complete List of the English Bar, and London and Country Solicitors, with date of admission and appointments. PUBLISHED ANNUALLY. Fifty-first Issue. Issued in the following forms, octavo size, strongly bound in cloth :— 1. Two days on a page, plain e º e g º e . 5s. 0d. 2. The above, INTERLEAVED for ATTENDAN º e º . 7 0 3. Two days on a page, ruled, with or without money columns 5 6 4. The above, with money columns, INTERLEAVED for ATTENDANCEs. 8 0 5. Whole page for each day, plain º º º º . 7 6 6. The above, INTERLEAVED for ATTENDANCES & {- º . 9 6 7. Whole page for each day, ruled, with or without money columns 8 6 8. The above, INTERLEAVED for ATTENDANCES e e - 10 6 9. Three days on a page, ruled blue lines, without money columns. 3 6 The Diary contains memoranda of Legal Business throughout the Year; an Indea: for ready reference has been added. “The amount of information packed within the covers of this well-known book of reference is almost incredible. In addition to the Diary, it contains nearly 800 pages of closely printed matter, none of which could be omitted without, perhaps, detracting from the usefulness of the book. The publishers seem to have made it their aim to include in the Companion every item of information which the most exacting lawyer could reasonably expect to find in its pages, and it may safely be said that no practising solicitor, who has experienced the }.} of having it at his elbow, will ever be likely to try to do without it.”— Law Jowrmal. *** All standard Law Works are kept in Stock in law calf and other bindings. IB 10 STEVENS AND SONS, LIMITED, Dl CTIONARY,-The Pocket Law Lexicon,-Explaining Technical Words, Phrases and Maxims of the English, Scotch and Roman Law, to which is added a complete List of Law Reports, with their Abbre- viations. Third Edit. By HENRY G. RAwson and JAMES F. REMNANT, Esqrs., Barristers-at-Law. Foap. 8vo. 1893. 6s. 6d. “A wonderful little legal Dictionary.”—Indermawr’s Law Students’ Journal. Wharton's Law Lexicon-Forming an Epitome of the Law of Eng- land, and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modern; including the various Legal Terms used in Commercial Business. Together with a Trans- lation of the Latin Law Maxims and selected Titles from the Civil, Scotch and Indian Law. Ninth Edition. By J. M. LELY, Esq. Barrister-at-Law. Super-royal 8vo. 1892. 1!. 18s. “On almost every point both student and practitioner can gather information º N. invaluable book, which ought to be in every lawyer’s office.”—Gibson’s (20 (WO?&S, “One of the first books which every articled clerk and bar student should pro- cure.”—Law Students’ Journal. DIGEST.S.—Campbell's Ruling Cases.—Arranged, Annotated, and IEdited by ROBERT CAMPBELL, Esq., Barrister-at-Law, Advocate of the Scotch Bar, assisted by other Members of the Bar. With American Notes by IRVING BROWNE, formerly Editor of the American Reports. Vols. I. to X. ABANDONMENT—ESTATE. Royal 8vo. 1894-1896. IIalf wellum, net, each 25s. Vol. XI.-ESTOPPEI. To ExECUTION. (Nearly ready.) tº Subscription for Five Volumes, paid in advance, £1 per Volume. An Addendum, containing, under the appropriate title and rule, Notes of Cases published since the issue of Volume I., together with a complete Indea: of Cases and a general Indez to the first 10 Volumes, thus bringing all the Volumes up to date. (Nearly ready.) PLAN OF THE WORK. It is intended in this Work to collect and arrange in alphabetical order of subjects all the useful authorities of English Case Law from the earliest period to the present time on points of general application. The matter under each alphabetical heading is arranged in sections, in an order indicated at the commencement of the heading. The more im- portant and Ruling Cases are set forth at length, subject only to abridg- ment where the original report is unnecessarily diffuse. The effect of the less important or subordinate cases is stated briefly in the Notes. The aim of the Work is to furnish the practitioner with English Case Law in such a form that he will readily find the information he requires for ordinary purposes. The Ruling Case will inform him, or refresh his memory, as to the principles; and the Notes will show in detail how the principles have been applied or modified in other cases. It is estimated that the Work will be completed in about 25 Volumes. “The rapidity and fulness which mark this compilation are remarkable. As the work grows it is seen to be a perfect storehouse of the principles estab- lished and illustrated by our case law and that of the United States.”—Law Times. “The general scheme appears to be excellent, and its execution reflects the gº credit on everybody concerned. ... It may, indeed, be said to constitute, or the present, the high-water mark of the science of book-making.”—Saturday Ičeview. - “By this time this series has become so widely known, and doubtless appre- ciated, that it becomes unnecessary to do much more than chronicle the appear- ance of the new volume, to state the contents, and to say that its workmanship is quite up to the former level.”—Law Journal. “A Cyclopædia of law . . . . most ably executed, learned, accurate, clear, concise; but perhaps its chief merit is that it impresses on us what the practising English lawyer is too apt to forget—that English law really is a body of prin- ciples.”—The British Review. *...* All standard Law. Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 11 DIGEST S-continued. Chitty's Index to all the Reported Cases decided in the several Courts of Equity in England, the Privy Council, and the House of Lords, with a selection of Irish Cases. Fourth Edition. By HENRY EDWARD HIRST, Esq., Barrister-at-Law. 9 vols. Roy. 8vo. 1883-89. (Published at 12l. 12s.) Reduced to net, 57. 58. *...* The volumes sold separately. Each net, 15s. Dale and Lehmann's Digest of Cases, Overruled, Not Followed, Disapproved, Approved, Distinguished, Commented on and specially considered in the English Courts from the Year T756 to 1886 inclusive, and a complete Index of the Cases, in which are included all Cases reversed from the year 1856. By CHAs. WM. MITGALFE DALE, and RUDOLF CHAMBERs LEHMANN, assisted by CHAs. H. L. NEISH, and HERBERT H. CHILD, Esqrs., Barristers-at-Law. Royal 8vo. 1887. (Published at 27. 10s.) Beduced to net, 25s. Fisher's Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce, together with a Selection from those of the Court of Chancery and Irish Courts from 1756 to 1883 inclusive. By J. MEws, assisted by C. M. CHAPMAN, H. H. W. SPARHAM, and A. H. ToDD, Esqrs. 7 vols. Roy. 8vo. 1884. (Published at 12l. 12s.) Reduced to net, 5l. 5s. “To the common lawyer it is the most useful work he can possess.”—Law Times. Mews’ Consolidated Digest of all the Reports in all the Courts, for the Years 1884–88 inclusive.—By J. MEws, Esq., Barrister- at-Law. Royal 8vo. 1889. (Published at 31s. 6d.) Reduced to net, 15s. The Annual Digest for 1896. By JoHN MEws, Esq., Barrister-at- Law. Royal 8vo. 1897. 15s. *** This Digest will also in future, commencing with 1897, be issued quarterly, each part being cumulative. Price to Subscribers, pay- able in advance, net 17s. Law Journal Quinquennial Digest, 1890-95,-An Analytical Digest of Cases Published in the Law Journal Reports, and the Law Reports, from Michaelmas Sittings, 1890, to Trinity Sittings, 1895. By GEORGE A. STREETEN, Esq., Barrister-at-Law. 1896. li. 10s. *** To Subscribers to the Law Journal Reports, net 5s., postage 6d. * extra. “Extremely well done, with abundance of headings and cross references . . . could not be done better.”—Law Times. Talbot and Fort’s Index of Cases Judicially noticed (1865– 1890); being a List of all Cases cited in Judgments reported from Michaelmas Term, 1865 to the end of 1890, with the places where they are so cited.—By GEORGE JOHN TALBOT and HUGH FoRT, Esqrs., Barristers-at-Law. Royal 8vo. 1891. 25s. “This is an invaluable tool for the worker among cases.”—Solicitors’ Journal. DISCOVERY-Sichel and Chance's Discovery-The Law relating to Interrogatories, Production, Inspection of Documents, and Dis- covery, as well in the Superior as in the Inferior Courts, together with an Appendix of the Acts, Forms and Orders. By WALTER S. SICHEL. and WILLIAM CHANCE, Esqrs., Barristers-at-Law. Demy 8vo. 1883. 12s. DISTRESS,--Oldham and Foster on the Law of Distress, A Treatise on the Law of Distress, with an Appendix of Forms, Table of Statutes, &c. Second Edition. By ARTHUR OLDHAM and A. LA TROBE FOSTER, Esqrs., Barristers-at-Law. Demy 8vo. 1889. 18s. *** All standard Law Korks are kept in Stock, in law calf and other bindings. B 2 12 STEVENS AND SONS, LIMITED, DISTRICT COUNCILS.–Chambers' Digest of the Law relating to District Councils, so far as regards the Constitution, Powers and Duties of such Councils (including Municipal Corporations) in the matter of Public Health and Local Government. Ninth Edition. —By GEORGE. F. CHAMBERS, Esq., Barrister-at-Law. Royal 8vo. 1895. 10s. DIVORCE,-Browne and Powles' Law and Practice in Divorce and Matrimonial Causes. Sixth Edition. By L. D. PowLES, Esq., Barrister-at-Law. (In the press.) “The practitioner’s standard work on divorce practice.”—Law Quar. Rev. Kelly's French Law, Wide “Marriage.” DOGS,-Lupton's Law relating to Dogs.-By FREDERIOK LUPTON, Solicitor. Royal 12mo. 1888. 58. EASEMENTS,-Goddard's Treatise on the Law of Easements, By JoHN LEYBOURN GODDARD, Esq., Barrister-at-Law. Fifth Edition. Demy 8vo. 1896. 17. 5s. “Has taken its place as a standard treatise by virtue of that best evidence of merit, the favour of those for whom it was written.”—J. of British Architects. “Nowhere has the subject been treated so exhaustively, and, we may add, so scientifically, as by Mr. Goddard. We recommend it to the most careful study of the law student, as well as to the library of the practitioner.”-Law Times. Innes' Digest of the Law of Easements, Fifth Edition. By L. C. INNES, lately one of the Judges of Her Majesty’s High Court of Judicature, Madras. Royal 12mo. 1895. 7s. 6d. “Constructed with considerable care and pains.”—Law Journal. “We have only the pleasing duty remaining of recommending the book to those in search of a concise treatise on the law of Easements.”—Law Notes. ECCLESIASTICAL LAW,-Phillimore's Ecclesiastical Law of the Church of England. By the late Sir RoBERT PHILLIMORE, Bart., D.C.L. Second Edition, by his son Sir WALTER GEORGE FRANK PHILLIMORE, Bart., D.C.L., assisted by C. F. JEMMETT, B.C.L., LL.M., Barristers-at-Law. 2 vols. Royal 8vo. 1895. 3!. 3s. “To test the sufficiency of the revision, we have turned to parts of these volumes where new cases and new statutes have been incorporated, and in every instance without disappointment. It is impossible to examine it without being struck by its comprehensiveness and elaborate accuracy. The famous treatise of Sir Robert Phillimore will continue to hold a foremost place in our legal literature.”—Law Times. “The task of re-editing Phillimore’s ‘Ecclesiastical Law” was not an easy one. Sir Walter Phillimore has executed it with brilliant success. He has brought to the work all his father’s subdued enthusiasm for the Church, he has omitted nothing that lent value to the original treatise, he has expunged from it what could be spared, and has added to it everything that the ecclesiastical lawyer can possibly need to know, pouring a flood of luminous learning on the newer ecclesiastical problems with which he deals.”—Law Journal. Whitehead.— Vide “Church Law.” ELECTION IN EQUITY, Serrell’s Equitable Doctrine of Election. By GEORGE SERRELL, M.A., LL.D., Esq., Barrister-at- Law. Royal 12mo. 1891. 7s. 6d. ELECTIONS.--Day's Election Cases in 1892 and 1893,-Being a Collection of the Points of Law and Practice, together with Reports of the Judgments. By S. H. DAY, Esq., Barrister-at-Law, Editor of “Rogers on Elections.” Royal 12mo. 1894. 7s.6d. Hedderwick's Parliamentary Election Manual : A Practical Handbook on the Law and Conduct of Parliamentary Elections in Great Britain and Ireland, designed for the Instruction and Guidance of Candidates, Agents, Canvassers, Volunteer Assistants, &e. By T. C. H. HEDDERWICK, Esq., Barrister-at-Law. Demy 12mo. 1892. 7s. 6d. “Clear and well arranged.”—Law Quarterly Review. *.* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 13 ELECTIONS.–continued. Rogers' Law and Practice of Elections,— Vol. I. REGISTRATION, including the Practice in Registration Appeals; Parliamentary, Municipal, and Local Government; with Appendices of Statutes, Orders in Council, and Forms. Fifteenth Edition. With Addenda of Statutes to 1894. By MAURICE Powel.L, Bsq., Barrister-at-Law. Royal 12mo. 1!. 18. “The practitioner will find within these covers everything which he can be expected to know, well arranged and carefully stated.”—Law Times. Vol. II. PARLIAMENTARY ELECTIONS AND PETITIONs; with Appen- dices of Statutes, Rules and Forms. Seventeenth Edition. By S. H. DAY, Esq., Barrister-at-Law. Royal 12mo. 1895. 17. 1s. “The leading book on the difficult subjects of elections and election peti- tions.”—Low Times. “A very satisfactory treatise on election law . . . .”—Solicitors’ Journal. Vol. III. MUNICIPAL AND OTHER ELECTIONS AND PETITIONs, with Appendices of Statutes, Rules, and Forms. Seventeenth Edit. By SAMUEL H. DAY, Esq., Barrister-at-Law. Royal 12mo. 1894. 17. 18. This Volume treats of Elections to Municipal Councils (including the City of London), County Councils, Parish Councils, Rural and Urban District Councils, Boards of Guardians (within and without London), Metropolitan Vestries, School Boards. ENGLISH LAW,-Pollock and Maitland's History of English Law before the time of Edward I.-By Sir FREDERICK PoELoCK, Bart., and FRED. W. MAITLAND, Barristers-at-Law. 2 vols.roy. 8vo. 1895. 27. EQUITY, and Wide CHANCERY. Seton's Forms of Judgments and Orders in the High Court of Justice and in the Court of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fifth Edition. By CECIL. C. M. DALE, Esq., Barrister-at-Law, and W. CLow Es, Esq., a Registrar of the Supreme Court. In 3 vols. Royal 8vo. 1891–3. 67. *** The Volumes sold separately, 21. each. “A monument of learned and laborious accuracy.”—Law Quarterly Review. “Seton in its new guise is well up to the character which it has for so many years sustained of being the best book of forms of judgment.”—Law Times. Smith's Manual of Equity Jurisprudence,—A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By JosLAH. W. SMITH, Q.C. Fourteenth Edition. By J. TRUSTRAM, LL.M., Esq., Barrister-at-Law. 12mo. 1889. 12s. 6d. Smith's Practical Exposition of the Principles of Equity, illus- trated by the Leading Decisions thereon. For the use of Students and Practitioners. Second Edition. By H. ARTHUR SMITH, M.A., LL.B., Esq., Barrister-at-Law. Demy 8vo. 1888. 21s. “This excellent practical exposition of the principles of equity is a work one can well recommend to students either for the bar or the examinations of the Incorporated Law Society. It will also be found equally valuable to the busy prac- titioner. It contains a mass of information well arranged, and is illustrated by all the leading decisions.”—Law Times. ESTOPPEL-Everest and Strode's Law of Estoppel. By LANGELOT FIELDING EVEREST, and EDMUND STRODE, Esqrs., Barristers-at-Law. Demy 8vo. 1884. 18s. EVIDENCE,-Wills' Theory and Practice of the Law of Evidence, —By W.M. WILLs, Esq., Barrister-at-Law. Demy 8vo. 1894. 10s. 6d. “It contains a large amount of valuable information, very tersely and accurately conveyed.”—Law Times. “We consider that Mr. Wills has given the profession a useful book on a difficult subject.”—Law Notes. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 14 STEVENS AND SONS, LIMITED, EVIDENCE ON COMMISSION.—Hume-Williams and Macklin’s Taking of Evidence on Commission : including therein Special JExaminations, Letters of Request, Mandamus and Examinations before an Examiner of the Court. By W. E. HUME-WILLIAMs and A. ROMER MACKLIN, Barristers-at-Law. Demy 8vo. 1895, 12s. 6d. EXAMINATION GUIDES.–Bar Examination Guide. By H. D. WooDCOCK, and G. H. B. KENRICK, Esqrs., Barristers-at-Law. Pub- lished after each Examination. JWet 2s. 6d. Bar Examination Guide—Lecture Supplement, 1896, JWat 2s. Haynes and Nelham's Honours Examination Digest. By JoHN F. HAYNES, LL.D., and THOMAS A. NELHAM, Solicitor. Demy 8vo. 1883. 15s. Napier & Stephenson’s Digest of the Subjects of Probate, Divorce, Bankruptcy, Admiralty, Ecclesiastical and Criminal Law necessary to be known for the Final Examination, done into Questions and Answers. By T. BATEMAN NAPIER and RICHARD M. STEPHENSON, Esqrs., Barristers-at-Law. Demy 8vo. 1888. 12s. Napier & Stephenson's Digest of the Leading Points in the Sub- ject of Criminal Law, Done into Questions and Answers. By T. BATEMAN NAPIER and RICHARD M. STEPHENSON, Esqrs., Barristers- at-Law. Demy 8vo. 1888. 5s. Shearwood's Guide for Candidates for the Professions of Barrister and Solicitor, Second Edition. By Jose.P.H. A. S.HEAR- wooD, Esq., Barrister-at-Law. Demy 8vo. 1887. 6s. Uttley's How to Become a Solicitor; or, Hints for Articled Clerks. By T. F. UTTLEy, Solicitor. Royal 12mo, 1894. 5s. EXECUTIONS,-Edwards' Law of Execution upon Judgments and Orders of the Chancery and Queen's Bench Divisions of the High Court of Justice,—By C. JoHNSTON EDWARDs, Esq., Barrister-at-Law. Demy 8vo. 1888. 16s. EXECUTORS.-Macaskie's Treatise on the Law of Executors and Administrators, and of the Administration of the Estates of Deceased Persons. With an Appendix of Statutes and Forms. By S. C. MACASKIE, Esq., Barrister-at-Law. 8vo. 1881. 10s. 6d. Williams' Law of Executors and Administrators.-Ninth Edition. By the Hon. Sir ROLAND WAUGHAN WILLIAMS, a Justice of the High Court. 2 vols. Roy. 8vo. 1893. - 37. 16s. “We can conscientiously say that the present edition will not only sustain, but enhance the high reputation which the book has always enjoyed. The want of a new edition has been distinctly felt for some time, and in this work, and in this work only, will the practitioner now find the entire law relating to executors and administrators treated in an exhaustive and authoritative fashion, and thoroughly brought down to the present date.”—Law Journal. EXTRADITION.—Kirchner's L'Extradition,-Recueil Renfermant in Extenso tous les Traités conclus jusqu'au ler Janvier, 1883, entre les Nations civilisées, et donnant la solution précise des difficultés qui peuvent surgir dans leur application. Avec une Préface de Me GEORGES LACHAUD, Avocat à la Cour d’Appel de Paris. Publié sous les auspices de M. C. E. HowARD VINCENT, Directeur des Affaires Criminelles de la Police Métropolitaine de Londres. Par F. J. ECIRCHNER, Attaché à la Direction des Affaires Criminelles. In 1 vol. (1150 pp.). Royal 8vo. 1883. 27. 28. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. - 15 FARM, LAW OF.—Dixon's Law of the Farm ; including the Cases and Statutes relating to the subject; and the Agricultural Customs of England and Wales. Fifth Edition. By AUBREY J. SPENCER, Esq., Barrister-at-Law. Demy 8vo. 1892. 268. “The book is well and carefully edited.”—Law Journal. “A complete modern compendium on agricultural matters.”—Law Times. FINANCE ACT.— Wide ‘‘Death Duties.” FIXTURES.–Amos and Ferard on the Law of Fixtures and other Property partaking both of a Real and Personal Nature. Third Edition. By C. A. FERARD and W. HowLAND ROBERTs, Esqrs., Bar- risters-at-Law. Demy 8vo. 1883. 188. FORMS,-Archibald,— Vide “Chamber Practice.” Bullen and Leake, Wide “Pleading.” Chitty's Forms of Practical Proceedings in the Queen's Bench Division. Twelfth Edition. By T. W. CHITTY, Esq., Barrister-at- Law. Demy 8vo. 1883. (Published at 11. 18s.) Reduced to net 20s. Daniell's Forms and Precedents of Proceedings in the Chan- cery Division of the High Court of Justice and on Appeal therefrom-Fourth Edition. By CHARLEs BURNEY, B.A., a Chief Clerk of the Hon. Mr. Justice Chitty. Royal 8vo. 1885. 27. 10s. “The standard work on Chancery Procedure.”—Law Quarterly Review. FRAUD AND MISREPRESENTATION.—Moncreiff’s Treatise on the Law relating to Fraud and Misrepresentation.—By the Hon. F. MoncreIFF, Barrister-at-Law. 8vo. 1891. 21s. FRENCH CIVIL CODE,-Cachard's French Civil Code, with the various Amendments thereto, as in force on March 15th, 1895, —By HENRY CACHARD, B.A., and Counsellor-at-Law of the New York Bar, Licencié en Droit de la Faculté de Paris. Demy 8vo. 1895. 20s. “It would involve a denial of the plainest justice to contend that the Code Civil has found in Mr. Cachard anything less than a brilliant and successful translator.”—Law Times. Code of Commerce,—Wide “Commercial Law.” GAME LAWS,-Warry's Game Laws of England. With an Appendix of the Statutes relating to Game. By G. TAYLOR WARRY, Esq., Barrister-at-Law. Royal 12mo. 1896. 10s. 6d. “The author has treated the subject in a clear and lucid style.”—Law Times. GOODWILL-Allan's Law relating to Goodwill,—By CHARLEs E. ALLAN, M.A., LL.B., Esq., Barrister-at-Law. Demy 8vo. 1889. 7s.6d. HIGHWAYS.–Chambers' Law relating to Highways and Bridges. IBy GEORGE F. CHAMBERs, Esq., Barrister-at-Law. 1878. 7s.6d. HOUSE TAX-Ellis' Guide to the House Tax Acts, for the use of the Payer of Inhabited House Duty in England,-By ARTHUR M. ELLIS, LL.B. (Lond.), Solicitor, Author of “A Guide to the Income Tax Acts.” Royal 12mo. 1885. 6s. “We have found the information accurate, complete and very clearly ex- pressed.”—Solicitors’ Journal. HUSBAND AND WIFE-Lush's Law of Husband and Wife, within the jurisdiction of the Queen's Bench and Chancery Divisions. By C. MoWTAGUE LUSH, Esq., Barrister-at-Law. Second Edition. By the Author and W. H. GRIFFITH, Esq., Barrister-at- Law. Demy 8vo. 1896. 1. 5s. “To the practising lawyer the work will be of the utmost importance.”—Law Times. “This book will certainly be consulted when difficulties arise relative to the position of married women.”—Law Journal. *** All standard Law Works are kept in Stock, in law calf and other bindings. 16 STEVENS AND SONs, LIMITED, |N COME TAX,-Ellis' Guide to the Income Tax Acts, For the use of the English Income Tax Payer. Third Edition. By ARTHUR M. ELLIS, LL.B. (Lond.), Solicitor. Royal 12mo. 1893. 7s.6d. T; “Contains in a convenient form the law bearing upon the Income Tax.”—Law 27726S, Robinson's Law relating to lincome Tax with the Statutes, Forms, and Decided Cases in the Courts of England, Scotland, and Ireland.—By ARTHUR RoRINSON, Esq., Barrister-at-Law. Royal 8vo. 1895. - 21s. “The standard work on a complicated and difficult subject.”—Daw Journal. “Mr. Robinson has exercised the greatest care in the work, which commends itself to our judgment in every respect.”—Law Times. | NLAND REVENUE, - Highmore's Summary Proceedings in Inland Revenue Cases in England and Wales, Second Edition. By N. J. HIGHMORE, Esq., Barrister-at-Law, and of the Solicitors’ Department, Inland Revenue. Roy. 12mo. 1887. 7s.6d. Highmore’s Inland Revenue Regulation Act, 1890, as amended by the Public Accounts and Charges Act, 1891, and the Finance Act, 1896, with other Acts, including the Superannuation Acts and the Public Officers Protection Act, 1893; with Notes, Table of Cases, &c. By NATHANIEL J. HIGHMORE, Esq., Barrister-at-Law, Assis- tant Solicitor of Inland Revenue. Demy 8vo. 1896. 7s. 6d. | NSU RANCE,-Arnould on the Law of Marine Insurance,—Sixth Edition. By DAVID MACLACHLAN, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1887. 37. “As a text book, ‘Arnould’ is now all the practitioner can want.”—Law Times. Lowndes' Practical Treatise on the Law of Marine Insurance,— By RICHARD LowNDEs. Author of “The Law of General Average,” &c. Third Edition. By WALTER LowNDEs. (In preparation.) McArthur on the Contract of Marine Insurance,—Second Edition. By CHARLEs McARTHUR, Average Adjuster. Demy 8vo. 1890. 16s. “The work is carefully executed and brought down to date.”—Law Journal. Tyser's Law relating to Losses under a Policy of Marine Insur- ance,—By CHARLEs ROBERT TYSER, Esq., Barrister-at-Law. Demy 8vo. 1894. 10s. 6d. “A clear, correct, full, and yet concise statement of the law.”—Law Times. INTERNATIONAL LAW,-Dicey-Wide “Conflict of Laws.” Hall's International Law.—Fourth Edit. Demy 8vo. 1895. 17.2s. 6d. Hall's Treatise on the Foreign Powers and Jurisdiction of the British Crown. By W. E. HALL, Esq., Barrister-at-Law. Demy 8vo. 1894. 10s. 6d. Kent's Commentary on International Law, Edited by J. T. ABDY, LL.D. Second Edition. Crown 8vo. 1878. 10s. 6d. Nelson’s Private international Law.—By HoRACE NELSON, Esq., Darrister-at-Law. Roy. 8vo. 1889. 21s. “The notes are full of matter, and avoid the vice of discursiveness, cases being cited for practically every proposition.”—Law Times. Rattigan's Private International Law.-By Sir WILLIAM HENRY RATTIGAN, LL.D., Barrister-at-Law, Vice-Chancellor of the Uni- versity of the Punjab. Demy 8vo. 1895. 10s. 6d. * Written with admirable clearness.”—Law Journal. Walker's Manual of Public International Law.—By T. A. WALKER, M.A., LL.D., Esq., Barrister-at-Law. Demy 8vo. 1895. 9s. Walker's Science of International Law. By T. A. WALKER, M.A., LL.D., Esq., Barrister-at-Law. Demy 8vo. 1893. 18s. *** All standard Law Works are kept in Stock, in law calf and other bindings, 119 & 120, CHANCERY LANE, LONDON, W.C. 17 |NTERNATIONAL LAW–eontinued. Westlake's International Law, Chapters on the Principles of Inter- national Law. By J. WESTLAKE, Q.C., LL.D. Demy 8vo. 1894. 10s. Wheaton's Elements of International Law; Third English Edition. Edited with Notes and Appendix of Statutes and Treaties. By A. C. Boyd, Esq., Barrister-at-Law. Royal 8vo. 1889. 1. 108. “Wheaton stands too high for criticism, whilst Mr. Boyd’s merits as an editor are almost as well established.”—Law Times. JOINT STOCKS.–Palmer.—Wide “Company Law,” “Conveyanc- ing,” and “Winding-up.” - Thring's Law and Practice of Joint Stock and other Companies. —By LoRD THRING, K.C.B. Fifth Edition. By J. M. RENDEL, Esq., Barrister-at-Law. Royal 8vo. 1889. 1!. 10s. JURISPRUDENCE,-Holland's Elements of Jurisprudence,— Eighth Edition. By T. E. HoDLAND, D.C.L. 8vo. 1896. 10s. 6d. Markby's Elements of Law, considered with reference to Principles of General Jurisprudence. By Sir WILLIAM MARKBY, D.C.L. Demy 8vo. 1896. 128. 6d. JURY LAWS.–Huband's Practical Treatise on the Law relating to the Grand Jury in Criminal Cases, the Coroner's Jury, and the Petty Jury in Ireland,-By W.M. G. HUBAND, Esq., Barrister-at-Law. Royal 8vo. 1896. 368. JUSTICE OF THE PEACE.-Magistrate's Annual Practice for 1897.-Being a Compendium of the Law and Practice relating to matters occupying the attention of Courts of Summary Jurisdiction, with an Appendix of Statutes and Rules, List of Punishments, Calendar for Magistrates, &c. By CHARLES MILNER ATKINSON, Esq., Stipendiary Magistrate for the City of Leeds. 8vo. 1897. 18s. “An ‘Annual Practice” for Magistrates is a very natural sequel to the Annual Practice under the Judicature Acts, and the Bench and the Profession will feel that they owe much to Mr. C. M. Atkinson, the Stipendiary for Leeds, for under- taking the compilation of such a volume. It is described as a compendium of the law and practice relating to matters occupying the attention of courts of summary jurisdiction, and in an appendix are statutes and rules, list of punishments, diary for magistrates, &c. The main object is declared to be to enable those engaged in the administration of magisterial law to ascertain with readiness the extent of the powers conferred, and the nature of the duties imposed, upon magistrates and courts of summarv jurisdiction. The “introduction ” is a careful dissertation upon the jurisdiction of magistrates and procedure in their courts and the duties of justices’ clerks. This is the outcome of competent knowledge and careful collation of authorities, and Mr. Atkinson’s instructions will be found most useful and complete. The substance of the work is arranged in a manner to secure clearness, dividing procedure upon indictable and non-indictable matters, and giving a separate chapter to certain special matters, including Appeal, Attempts, Bail, and Search Warrants. The last and most lengthy chapter covers all offences punishable by indictment. There is a useful table of penalties on summary con- viction, and a good index.”—Law Times. “We can commend the use of the volume to all magisterial benches.”—The Field. Penalties on Summary Convictions,—Reprinted from “The Magis- trates' Annual Practice.” 1897. Sold separately. Net 1s. Magistrates' Cases, 1893, 1894, 1895 & 1896–Cases relating to the Poor Law, the Criminal Law, Licensing, and other subjectschiefly connected with the duties and office of Magistrates, decided in the IHouse of Lords, the Court of Appeal, the Queen’s Bench Division, and in the Court for Crown Cases Reserved, from Michaelmas, 1892, to Michaelmas, 1896. 1894-96. JEach, met 12. *...* These Reports, which have hitherto been published as part of the Law Journal Reports, are now issued Quarterly. In Parts. Each, net 5s. Annual Subscription, payable in advance, 15s. post free. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 18 STEVENS AND SONS, LIMITED, Shirley's Magisterial Law. An Elementary Treatise on Magisterial Law, and on the Practice of Magistrates' Courts. Second Edition. IBy LEONARD H. WEST, LL.D., Solicitor. Demy 8vo. 1896. 7s.6d. “It is written clearly and concisely, is well arranged, and admirably adapted to its object—namely, to give the student and also the young practitioner such a general view of the subject as will fit the one for his examination, the other to - ºte the standard books of references on magisterial law.”—Solicitors’ ()?!?")2CZt, LAGOS,--Ordinances, and Orders and Rules thereunder, in Force in the Colony of Lagos on December 31st, 1893,-By GEORGE STALLARD, Queen’s Advocate, and E. H. RICHARDs, District Com- missioner of Lagos. Royal 8vo. 1894. Half-calf, 42s. LAND TAX,-Bourdin's Land Tax,−An Exposition of the Land Tax. . Including the Latest Judicial Decisions, and the Changes in the Law effected by the Taxes Management Act, and by the Act Converting the Three per Cent. into Two and Three-quarter per Cent. Stock, with other Additional Matter. Fourth Edition. By the late FREDERICK HUMPHREYS, Deputy Registrar of Land Tax; and Digests of Cases decided in the Courts by CHARLES C. ATCHISON, Deputy Registrar of Land Tax. Royal 12mo. 1894. 7s. 6d. “To anyone concerned in the redemption of land tax this Treatise is indispen- sable.”—Solicitors’ Journal. LAND LORD AND TENANT,-Woodfall's Law of Landlord and Tenant-With a full Collection of Precedents and Forms of Proce- dure; containing also a collection of Leading Propositions. Fifteenth Ed. By J. M. LELY, Esq., Barrister-at-Law. Roy. 8vo. 1893. 17. 18s. “The editor has expended elaborate industry and systematic ability in making the work as perfect as possible.”—Solicitors’ Journal. Lely and Peck,-Wide “Leases.” - LANDS CLAUSES ACTS.-Jepson's Lands Clauses Consolida- tion Acts; with Decisions, Forms, and Table of Costs. By ARTHUR JEPsoN, Esq., Barrister-at-Law. Demy 8vo. 1880. 18s. LAW JOURNAL REPORTS,-Edited by JoHN MEws, Esq., Barrister- at-Law. Published monthly. Annual Subscription :- Reports and Public General Statutes Net, 37. 4s. Reps. Stats. & Mews’ Annual Digest (Issued Quarterly) Net, 37. 10s. Or, with the Law Journal weekly, ll. extra. Subscribers to the above will be entitled to a copy of— An Analytical Digest of Cases in the Law Journal and Law Reports, 1890-95, published at 17. 10s. for 5s. Synopsis of Contemporary Reports, 1832-95,-Printed on linen paper and bound in boards. Uniform in size with - the Reports. (Now ready.) Price, net, 58. for 2s. 6d. LAW LIST, Law List (The).-Comprising the Judges and Officers of the Courts of Justice, Counsel, Special Pleaders, Conveyancers, Solicitors, Proctors, Notaries, &c., in England and Wales; the Circuits, Judges, Treasurers, Registrars, and High Bailiffs of the County Courts; Metropolitan and Stipendiary Magistrates, Official Receivers under the Bankruptcy Act, Law and Public Officers in England and the Colonies, Foreign Lawyers with their English Agents, Clerks of the Peace, Town Clerks, Coroners, &c., &c., and Commissioners for taking Oaths, Conveyancers Practising in England under Certificates obtained in Scotland. Compiled, so far as relates to Special Pleaders, Conveyancers, Solicitors, Proctors and Notaries, by JoHN SAMUEL PURCELL, C.B., Controller of Stamps, and Registrar of Joint Stock Companies, Somerset House, and Pub- lished by the Authority of the Commissioners of Inland Revenue and of the Incorporated Law Society of the United Kingdom. , 1897. (Postage 6d. extra.) (Ready in March.) Net, 10s. 6d. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 19 LAW QUARTERLY REVIEW —Edited by Sir FREDERICK PolloCK, Bart., M.A., LL.D., Corpus Professor of Jurisprudence in the Uni- versity of Oxford. Vols. I.-XII. (with General Index to Wols. I. to X.) Royal 8vo. 1885-96. Each, 128. tº Subscription for 1897 post free 12s. 6d., net. Single numbers, each 58. “The greatest of legal quarterly reviews . . . the series of “Notes always so entertaining and illustrative, not merely of the learning of the accomplished jurist (the Editor) but of the grace of language with which such learning can be unfolded.”—Law Journal. LAWYER'S ANNUAL LIBRARY,-(1) The Annual Practice,— SNow, BURNEY, and STRINGER. (2) The Annual Digest.-MEws. (3) The Annual Statutes, LELY. (4) The Annual County Court Practice.—SMYLY. 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LEXICON.—Wide “Dictionary.” Ll BEL AND SLANDER.—Odgers on Libel and Slander-A Digest of the Law of Libel and Slander: with the Evidence, Pro- cedure, Practice, and Precedents of Pleadings, both in Civil and Criminal Cases. Third Edition. By W. BLAKE ODGERs, LL.D., one of Her Majesty's Counsel. Royal 8vo. 1896. 32s. “The best modern book on the law of libel.”—Daily News. “The general opinion of the profession has always accorded a high place to Mr. Blake Odgers’ learned work, and the new edition cannot but enhance that opinion.”—Law Journal. “The most scientific of all our law books. . . . . In its new dress this volume is secure of an appreciative professional welcome.”–Law Times. LIBRARIES AND MUSEUMS.–Chambers’ Digest of the Law relating to Public Libraries and Museums, and Literary and Scientific Institutions: with much Practical Information. 3rd Edit. By GEO. F. CHAMBERs, Esq., Barrister-at-Law. Roy. 8vo. 1889. 8s. 6d. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 20 STEVENS AND SONS, LIMITED, LICENSING--Lathom's Handy Guide to the Licensing Acts, IBy H. W. LATHOM, Solicitor. Royal 12mo. 1894. 5s. “This buok is arranged in dictionary form, with especial regard to ease of reference, and should prove an immense saving of time and labour to the large class to whom it is addressed. The mass of confusing statute and case law on this wide subject has been most ably codified.”—Law Times. Talbot's Law and Practice of Licensing.—Being a Digest of the Law regulating the Sale by Retail of Intoxicating Liquor. With a full Appendix of Statutes and Forms. By GEORGE JoHN TALBOT, Esq., Barrister-at-Law. Royal 12mo. 1896. 7s. 6d. “His method gives professional men a guide to the legislation afforded by no other book.”—Law Journal. LOCAL AND MUNICIPAL GOVERNMENT-Bazalgette and Humphreys' Law relating to County Councils. Third Edition. By GEORGE HUMPHREYs, Esq. Royal 8vo. 1889. 7s. 6d. Bazalgette and Humphreys' Law relating to Local and Muni- cipal Government, Comprising the Statutes relating to Public FIealth, Municipal Corporations, Highways, Burial, Gas and Water, Public Loans, Compulsory Taking of Lands, Tramways, Electric Lighting, &c. With Addenda. By C. NoRMAN BAZALGETTE and G. HUMPHREYs, Esqrs., Barristers-at-Law. Sup. royal 8vo. 1888. 31. 38. Chambers, Wide “District Councils.” Humphreys, Wide “Parish Law.” LUNACY-Elmer's Practice in Lunacy—Seventh Edition. By JosFPH ELMER, Esq., late of the Office of the Masters in Lunacy. T)emy 8vo. 1892. 21s. MAG | STRATES! PRACTICE and MAG |STERIAL LAW,-- Wide “Justice of the Peace.” - MALICIOUS PROSECUTIONS. – Stephen's Law relating to Actions for Malicious Prosecutions,—By HERBERT STEPHEN, Esq., Barrister-at-Law. Royal 12mo. 1888. 6s. MARINE | NSURANCE.— Vide “Insurance.” MARITIME DECISIONS.–Douglas' Maritime Law Decisions,— Compiled by RoBT. R. Dougi,As. Demy 8vo. 1888. 7s.6d. MARRIAGE.-Kelly's French Law of Marriage, Marriage Con- tracts, and Divorce, and the Conflict of Laws arising there- from ; being a Second Edition of “Kelly's Law of Marriage,” revised and enlarged by OLIVER E. BoDINGTON, Esq., Barrister-at-Law, Licencié en Droit de la Faculté de Paris. Royal 8vo. 1895. 21s. MARRIED WOMEN'S PRO PERTY,-Lush's Married Women's Rights and Liabilities in relation to Contracts, Torts, and Trusts. By MonTAGUE LUSH, Esq., Barrister-at-Law, Author of “The Law of Husband and Wife.” Royal 12mo. 1887. 5s. MASTER AND SERVANT.-Macdonell's Law of Master and Servant. Second Edition. By JoHN MACDONELL, LL.D., M.A., Esq., a Master of the Supreme Court. (In preparation.) MEDICAL PARTNERSH | PS,--Barnard and Stocker's Medical Partnerships, Transfers, and Assistantships, By WILLIAM DARNARD, Esq., Barrister-at-Law, and G. BERTRAM STOCKER, Esq., Managing Director of the Scholastic, Clerical and Medical Associa- tion (Limited). Demy 8vo. 1895. 10s. 6d. MERCANTILE LAW,--Smith's Compendium of Mercantile Law. —Tenth Edition. By JoHN MACDoNELL, Esq., a Master of the Supreme Court of Judicature, assisted by GEO. HUMPHREYS, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1890. 2l. 2s. “Of the greatest value to the mercantile lawyer.”—Law Times. “We have no hesitation in recommending the work before us to the profession and the public as a reliable guide to the subjects included in it, and as consti- tuting one of the most scientific treatises extant on mercantile law.”—Sol. Jo. *** All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 21 MER CANT | LE LAW–continued. Tudor's Selection of Leading Cases on Mercantile and Maritime Law,-With Notes. By O. D. TUDOR, Esq., Barrister-at-Law. Third Edition. Royal 8vo. 1884. 2!. 28. Wilson's Mercantile Handbook of the Liabilities of Merchant, Shipowner, and Underwriter on Shipments by General Ves- sels. By A. WILSON, Solicitor and Notary. Royal 12mo. 1883. 68. MERCHAN D!SE MARKS ACT,-Payn's Merchandise Marks Act,1887,-By H. PAYN, Barrister-at-Law. Royal 12mo. 1888. 38.6d. “A safe guide to all who are interested in the Act.”—Law Times. METROPOLIS BUILDING ACTS. –Craies' London Building Act, 1894; with Introduction, Notes, and Index,−By W. F. CRAIES, Barrister-at-Law. Royal 8vo. 1894. Net 3s. Craies' London Building Act, 1894 : with Introduction, Notes, and Index, and a Table showing how the Former Enactments relating to Buildings have been dealt with.-By W. F. CRAIES, Barrister-at- Law. Royal 8vo. 1894. 58. MI NES,-Rogers' Law relating to Mines, Minerals and Quarries in Great Britain and Ireland, with a Summary of the Laws of IForeign States, &c. Second Edition Enlarged. By His Honor Judge RogFRs. 8vo. 1876. l!. 118. 6d. MORALS AND LEGISLATION.—Bentham's Introduction to the Principles of Morals and Legislation.-By JEREMY BENTHAM, M.A., Bencher of Lincoln's Inn. Crown 8vo. 1879. 6s. 6d. 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By HoRACE SMITH, Esq., Barrister-at-Law, Editor of “Addison on Contracts, and Torts,” &c. 8vo. 1884. 12s. 6d. NIGER COAST –Hodges' Consular Jurisdiction in Her Majesty's Protectorate of the Niger Coast : with an Analytical Index to the Africa Orders in Council, 1889, 1892, and 1893. Compiled by FRANCIS E. HoDGES, Solicitor of the Supreme Court, and Solicitor of the Supreme Court of the Gold Coast Colony. Royal 8vo. 1895. 15s. *** All standard Law Works are kept in Stock, in law calf and other bindings. 22 STEVENS AND SONS, LIMITED, NIS! PRIUS,-Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, -Sixteenth Edition. By MAURICE Power,I, Esq., Barrister-at-Law. 2 vols. Demy 8vo. 1891. 27. 10s. “Continues to be a vast and closely packed storehouse of information on practice at Nisi Prius.”—Law Journal. NON CONFORMIST.S.–Winslow's Law Relating to Protestant Nonconformists and their Places of Worship ; being a Legal Handbook for Nonconformists. By REGINALD WINSLow, Esq., IBarrister-at-Law. Post 8vo. 1886. 68. NOTARY,-Brooke's Treatise on the Office and Practice of a Notary of England,-With a full collection of Precedents. Fifth Ed. By G. F. CHAMBERs, Esq., Barrister-at-Law. Demy 8vo. 1890. 11. 18. OATHS,-Stringer’s Oaths and Affirmations in Great Britain and Ireland; being a Collection of Statutes, Cases, and Forms, with Notes and Practical Directions for the use of Commissioners for Oaths, and of all Courts of Civil Procedure and Offices attached thereto. By FRANCIs A. STRINGER, of the Central Office, Royal Courts of Justice, one of the Editors of the “Annual Practice.” Second Edition. Crown 8vo. 1893. 48. “Indispensable to all commissioners.”—Solicitors’ Journal. OTTOMAN CIVIL LAW-Grigsby's Medjellé, or Ottoman Civil Law.—Translated into English. By W. E. GRIGSBY, LL.D., Esq., Barrister-at-Law. Demy 8vo. 1895. 21s. PARISH LAW,-Humphreys' Parish Councils, The Law relating to Parish Councils, being the Local Government Act, 1894; with an Appendix of Statutes, together with an Introduction, Notes, and a Copious Index. Second Edition. By GEORGE HUMPHREYS, Esq., Darrister-at-Law, Author of “The Lawrelating to County Councils,” &c. Royal 8vo. 1895. 10s. Steer's Parish Law. Sixth Edition. By W. H. MACNAMARA, Esq., Barrister-at-Law. Demy 8vo. (In preparation.) PARTNERSHIP-Pollock's Digest of the Law of Partnership; incorporating the Partnership Act, 1890. Sixth Edition. By Sir FREDERICK PolloCK, Bart., Barrister-at-Law. Author of “Principles of Contract,” “The Law of Torts,” &c. Demy 8vo. 1895. 8s. 6d. “We are confident this book will be most popular as well as extremely use- ful.”—Law Times. Turner, Wide “Conveyancing.” PATENTS,-Edmunds on Patents, The Law and Practice of Letters Patent for Inventions. By LEWIS EDMUNDs, Q.C., assisted by A. W. RENTON, Esq., Barrister-at-Law. Roy. 8vo. 1890. ll. 12s. “We have nothing but commendation for the book.”—Solicitors’ Journal. “It would be difficult to make it more complete.”—Law Times. Edmunds' Patents, Designs and Trade Marks Acts, 1883 to 1888, Consolidated with an Index. Second Edition. By LEWIS EDMUNDs, Q.C., D.Sc., LL.B. Imp. 8vo. 1895. JWet 2s. 6d. Johnson's Patentees' Manual. — A Treatise on the Law and Practice of Patents for Inventions. Sixth Edition. By JAMES JoBN- son, Esq., Barrister-at-Law ; and J. HENRY JOHNSON, Solicitor and Batent Agent. Demy 8vo. 1890. 10s. 6d. Morris, Vide “Conveyancing.” - . Thompson's Handbook of Patent Law of all Countries. By W.M. P. THOMPSON. Tenth Edition. 12mo. 1896. Net, 2s. 6d. PERPETUITIES, - Marsden's Rule against Perpetuities, – A Treatise on Remoteness in Limitation. By REGINALD G. MARSDEN, Esq., Barrister-at Law. Demy 8vo. 1883. 168. PERSONAL PROPERTY-Smith, Wide “Real Property.” . . *** All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 23 PLEADING, Bullen and Leake's Precedents of Pleadings, with Notes and Rules relating to Pleading. Fifth Edition. By THOMAS J. BULLEN, Esq., Barrister-at-Law, CYRIL DODD, Esq., Q.C., and C. W. CLIFFORD, Esq., Barrister-at-Law. Demy 8vo. 1897. (Nearly ready.) Odgers' Principles of Pleading in Civil Actions, with observations on Indorsements on Writs, Trial without Pleadings, and other business Preliminary to Trial,—Second Edition. By W. BLAKE ODGERs, LL.D., Q.C., Author of “A Digest of the Law of Libel and Slander.” Demy 8vo. 1894. - 108. 6d. “The student or practitioner who desires instruction and practical guidance in our modern system of pleading cannot do better than possess himself of Mr. Odgers’ book.”—Law Journal. - POISONS,-Reports of Triaſs for Murder by Poisoning.—With Chemical Introductions and Notes. By G. LATHAM BRowNE, Esq., Barrister-at-Law, and C. G. STEwART, Senior Assistant in the Labo- ratory of St. Thomas’s Hospital, &c. Demy 8vo. 1883. 12s. 6d. POWERS.–Farwell on Powers.-A Concise Treatise on Powers. Second Edition. By GEORGE FARWELL, Esq., Q.C., assisted by W. R. SHELDON, Esq., Barrister-at-Law. Royal 8vo. 1893. 17. 58. “The practitioner and the judge will find it comprehensive and complete.”— Law Times. PRESCRIPTION.—Herbert's History of the Law of Prescription in England.-By T. A. HERBERT, Esq., Barrister-at-Law. Demy 8vo. 1891. 108. PRINCIPAL AND AG ENT, Wright's Law of Principal and Agent, Dy E. B. WRIGHT, Esq., Barrister-at-Law. Demy 8vo. 1894. 18s. “Clearly arranged and clearly written. Completely up to date.”—Law Times. “The work is remarkably complete.”—Law Journal. “May with confidence be recommended to all legal practitioners as an accu- rate and handy text book on the subjects comprised in it.”—Solicitors’ Journal. PRINTERS, PUBLISHERS, &c,+Powell's Laws specially affect- ing Printers, Publishers and Newspaper Proprietors. By ARTHUR Powel.L., Esq., Barrister-at-Law. Demy 8vo. 1889. 48. PRIVY COUNCIL LAW,-Wheeler's Privy Council Law: A Synop- sis of all the Appeals decided by the Judicial Committee (including Indian Appeals) from 1876 to 1891. Together with a précis of the Cases from the Supreme Court of Canada. By GEORGE WHEELER, Esq., Barrister-at-Law, and of the Judicial Department of the Privy Council. Royal 8vo. 1893. - 31s. 6d. “The cases are summarised with brevity and with the skill of a practised lawyer in seizing upon essential facts and legal points embodied in each case, and in distinguishing law and practice.” PROBATE,-Powles and Oakley's Law and Practice relating to Probate and Administration. By L. D. PowLEs, Barrister-at- Law, and T. W. H. OAKLEY, of the Probate Registry, (Being a Third Edition of “Browne on Probate.”) Demy 8vo. 1892. li. 10s. PROPERTY.-See also “Real Property.” Raleigh's Outline of the Law of Property,+Demy 8vo. 1890. 7s.6d. Strahan's General View of the Law of Property,+Intended as a first book for Students. By J. A. STRAHAN, assisted by J. SINCLAIR BAXTER, Esqrs., Barristers-at-Law. Demy 8vo. 1895. 12s. 6d. “A well written and useful work.”—Law Notes. “There is no work that we know which we should more confidently place in the hands of one beginning the study of the law.”—Law Times. *** All standard Law h’orks are kept in Stock, in law calf and other bindings. 24 STEVENS AND SONS, LIMITED, PUBLIC HEALTH,-Bazalgette and Humphreys, Wide “Local and Municipal Government.” PUBLIC MEETINGS.–Chambers' Handbook for Public Meet- ings, including Hints as to the Summoning and Management of them. Second Edition. By GEORGE. F. CHAMBERs, Esq., Barrister- at-Law. Demy 8vo. 1886. JNet, 2s. 6d. QUARTER SESSIONS,-Archbold,—Wide “Criminal Law.” RAILWAY RATES.–Darlington's Railway Rates and the Carriage of Merchandise by Railway; including the Provisional Orders of the Board of Trade as sanctioned by Parliament, containing the Classification of Traffic and Schedule of Maximum Rates and Charges applicable to the Railways of Great Britain and Ireland. By H. R. DARLINGTON, Esq., Barrister-at-Law. Demy 8vo. 1893. ll. 5s. RAILWAYS,-Browne and Theobald's Law of Railway Com- panies, Being a Collection of the Acts and Orders relating to Railway Companies in England and Ireland, with Notes of all the Cases decided thereon, and Appendix of Bye-Laws and Standing Orders of the House of Commons. Second Edition. By J. H. BALFOUR BROWNE, Esq., one of Her Majesty’s Counsel, and H. S. THEOBALD, Esq., Barrister-at-Law. Royal 8vo. 1888. 1!. 15s. “Contains in a very concise form the whole law of railways.”—The Times. RATES AND RATING-Castle's Law and Practice of Rating.— Third Edition. By EDWARD JAMES CASTLE, Esq., one of Her Majesty’s Counsel. Demy 8vo. 1895. 25s. “A sure and safe guide, avoiding all speculation as to what the law might he.”—Law Magazine. “Mr. Castle’s book has hitherto held a very high place, and the success that has attended it seems assured to the new edition.”—Law Journal. “A compendious treatise, which has earned the goodwill of the Profession on account of its conciseness, its lucidity, and its accuracy.”—Law Times. Chambers' Law relating to Local Rates; with especial reference to the Powers and Duties of Rate-levying Local Authorities, and their Officers; comprising the Statutes in full and a Digest of 718 Cases. Second Edition. By G. F. CHAMBERS, Esq., Barrister-at- Law. Royal 8vo. 1889. 10s. 6d. REAL PROPERTY-Digby's History of the Law of Real Pro- perty-Fourth Edition. Demy 8vo. 1892. 12s. 6d. Leake's Elementary Digest of the Law of Property in Land,- Containing : Introduction. Part I. The Sources of the Law.— Part II. Estates in Land. By STEPHEN MARTIN LEAKE, Barrister- at-Law. Demy 8vo. 1874. Net, 15s. Leake's Digest of the Law of Property in Land,-Part III. The Law of Uses and Profits of Land. By STEPHEN MARTIN LEAKE, Barrister-at-Law. Demy 8vo. 1888. Net, 15s. Lightwood's Treatise on Possession of Land with a chapter on the Real Property Limitation Acts, 1833 and 1874.—By JoBN M. LIGHTwoOD, Esq., Barrister-at-Law. TXemy 8vo. 1894. 158. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 25 REAL PROPERTY-continued. Shearwood's Real Property—A Concise Abridgment of the Law of Beal Property and an Introduction to Conveyancing. Designed to facilitate the subject for Students preparing for examination. By Joseph A. S.HEARwooD, Esq., Barrister-at-Law. Third Edition. Demy 8vo. 1885. 88. 6d. Shelford's Real Property Statutes. – Comprising the principal Statutes relating to Real Property passed in the reigns of King William IV. and Queen Victoria, with Notes of Decided Cases. Ninth Edition. By THOMAS H. CARSON, assisted by HAROLD B. BoMPAs, Esqrs., Barristers-at-Law. Royal 8vo. 1893. 308. “Absolutely indispensable to conveyancing and equity lawyers.” Smith's Real and Personal Property, A Compendium of the Law of Real and Personal Property, primarily connected with Con- veyancing. Designed as a Second Book for Students, and as a Digest of the most useful learning for Practitioners. By JosLAH. W. SMITH, B.C.L., Q.C. Sixth Edition. By the AUTHOR and J. TRUS- TRAM, LL.M., Barrister-at-Law. 2 vols. Demy 8vo. 1884. 27. 23. “A book which he (the student) may read over and over again with profit and pleasure.”—Law Times. “Will be found of very great service to the practitioner.”—Solicitors’ Journal. “A really useful and valuable work on our system of Conveyancing.”—Law Students’ Journal. Strahan,—Wide “Property.” REGISTRATION.—Rogers-Wide “Elections.” Coltman's Registration Cases, Vol. I. (1879–1885). Royal 8vo. Calf. - Net, 27.8s. Fox and Smith's Registration Cases, Vol. I. (1886–1895). Royal 8vo. Calf, net, 27. 10s. Smith's (C, Lacey) Registration Cases. Vol. I., Part I. (1895–96). Met, 6s. 6d. Lawson's Notes of Decisions under the Representation of the People Acts and the Registration Acts, 1885–1893, inclu- sive. By WM. LAWSON, Barrister-at-Law. Demy 8vo. 1894. 24s. Ditto, ditto, for 1894, 4s. 6d. ; for 1895 4s. 6d. REQUISITIONS ON TITLE-Dickins,—Wide “Conveyancing.” ROMAN LAW,-Abdy and Walker's lnstitutes of Justinian, Trans- lated, with Notes, by J. T. ABDY, LL.D., and the late BRYAN WALKER, M.A., LL.D. Crown 8vo. 1876. 16s. Abdy and Walker's Commentaries of Gaius and Rules of Ulpian. With a Translation and Notes, by J. T. ABDY, LL.D., late Regius Professor of Laws in the University of Cambridge, and the late BRYAN WALKER, M.A., LL.D. New Edition by BRYAN WALKER. Crown 8vo. 1885. 16s. Buckler's Origin and History of Contract in Roman Law down to the end of the Republican Period. By W. H. BUCKLER, B.A., LL.B. Post 8vo. Second Edition. (In the press.) Goodwin's Xll, Tables,—By FREDERICK GooDWIN, LL.D. London. Royal 12mo. 1886. 3s.6d. Greene's Outlines of Roman Law, Consisting chiefly of an Analysis and Summary of the Institutes. For the use of Students. By T. WHITCOMBE GREENE, Barrister-at-law. Fourth Edition. Foolscap 8vo. 1884. 7s. 6d. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 26 STEVENS AND SONS, LIMITED, ROMAN LAW-continued. Grueber's Lex Aquilia-The Roman Law of Damage to Property: being a Commentary on the Title of the Digest “Ad Legem Aqui- liam’’ (ix. 2). With an Introduction to the Study of the Corpus Iuris Civilis. By ERWIN GRUEBER, Dr. Jur., M.A. 8vo. 1886. 10s. 6d. Holland's Institutes of Justinian,—Second Edition. Extra feap. 8vo. 1881. 5s. Holland and Shadwell's Select Titles from the Digest of Jus- tinian,—Demy 8vo. 1881. 14s. Holland's Gentilis, Alberici, l,C,D, I.C.P.R., de lure Belli Libri Tres,-Edidit T. E. HoLLAND, I.C.D. Small 4to., half-morocco. 21s. Monro's Digest XIX, 2, Locati Conducti. Translated, with Notes, by C. H. MoWRo, M.A. Crown 8vo. 1891. 58. Monro's Digest XLVII, 2, De Furtis, Translated, with Notes, b C. H. Monro, M.A. Crown 8vo. 1893. 5s. Moyle's Imperatoris Justiniani Institutiones. Third Edition. 2 vols. Demy 8vo. 1896. l!. 28. Poste's Elements of Roman Law. By Gaius. With a Translation and Commentary. Third Edition. By EDWARD PosTE, Esq., IBarrister-at-Law. Demy 8vo. 1890. 18s. Roby's Introduction to the Study of Justinian's Digest, con- taining an account of its composition and of the Jurists used or referred to therein. By H. J. RoBY, M.A. Demy 8vo. 1886. 9s. Roby's Justinian's Digest-Lib. VII., Tit. I. De Usufructu, with 8, łº and Philological Commentary. By H. J. RoBy, M.A. Demy 8vo. 1884. 9s. Or the Two Parts complete in One Volume. Demy 8vo. 18s. Sohm’s lnstitutes of Roman Law.-By RUDOLPH SoHM, Professor in the University of Leipzig. Translated (from the Fourth Edition of the German) by J. C. LEDLIE, B.C.L., M.A. With an Introductory Essay by ERWIN GRUEBER, Dr. Jur., M.A. 8vo. 1892. 18s. Walker's Selected Titles from Justinian's Digest-Annotated by the late BRYAN WALKER, M.A., LL.D. Part I. Mandativel Contra. Digest XVII. I. Crown 8vo. 1879. 5s. Part II. De Adquirendo rerum dominio, and De Adquirenda vel amittenda possessione. Digest XLI. 1, 2. Crown 8vo. 1880. 6s. Part III. De Condictionibus. Digest XII. 1 and 4–7, and Digest XIII. 1–3. Crown 8vo. 1881. 6s. Walker's Fragments of the Perpetual Edict of Salvius Julianus, Collected and annotated by BRYAN WALKER, M.A., LL.D. Crown 8vo. 1877. 6s. Whewell's Grotius de Jure Belli et Pacis, with the Notes of Bar- beyrac and others; accompanied by an abridged Translation of the Text, by W. WHEWELL, D.D. 3 vols. Demy 8vo. 1853. 12s. The Translation separate. 6s. RULING CASES.–Campbell,—Wide “Digests.” SALE OF GOODS.–Lely and Craies' Sale of Goods Act, 1893. —With Introduction, Notes, and Index. By J. M. LELY and W. F. CRAIES, Esqrs., Barristers-at-Law. Royal 8vo. 1894. Net 1s. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 27 SALES,-Blackburn on Sales. A Treatise on the Effect of the Con- tract of Sale on the Legal Rights of Property and Possession in Goods, Wares, and Merchandise. By Lord BLACKBURN. 2nd Edit. By J. C. GRAHAM, Esq., Barrister-at-Law. Royal 8vo. 1885. 11. 18. “We have no hesitation in saying that the work has been edited with re- markable ability and success.”—Law Quarterly Review. SALES OF LAND,-Clerke and Humphry's Concise Treatise on the Law relating to Sales of Land. By AUBREY ST. JoHN CLERKE, and HUGH. M. HuMPHRY, Esqrs., Barristers-at-Law. Royal 8vo. 1885. 11. 58. SALVAGE.-Kennedy's Treatise on the Law of Civil Salvage.—By the Hon. Sir WILLIAM R. KENNEDY, a Justice of the High Court. Royal 8vo. 1891. 128. “The best work on the law of salvage. It is a complete exposition of the subject, and as such is accurate and exhaustive.”—Law Times. SHERIFF LAW,-Mather's Compendium of Sheriff Law, espe- cially in relation to Writs of Execution,--By PHILIP E. MATHER, Solicitor and Notary, formerly Under Sheriff of Newcastle-on-Tyne. Royal 8vo. 1894. 25s. “We think that this book will be of very great assistance to any persons who may fill the positions of high sheriff and under-sheriff from this time forth. The whole of the legal profession will derive great advantage from having this volume to consult.”—Law Times. SHIPOWNERS,- Holman's Handybook for Shipowners and Masters. Fourth Edition. By H. HoLMAN, Esq., Barrister-at-Law. Royal 8vo. 1896. 58. SHIPPING,-Pulling's Merchant Shipping Act, 1894—With Intro- duction, Notes, and Index. By ALEXANDER PULLING, Esq., Barris- ter-at-Law. Royal 8vo. 1894. JWet 6s. Pulling's Shipping Code; being the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60); With Introduction, Notes, Tables, Rules, Orders, Forms, and a Full Index.—By ALEXANDER PULLING, Esq., Barrister-at-Law. Royal 8vo. 1894. JNet 7s. 6d. Interleaved and bound in blue leather, net 11s. Temperley's Merchant Shipping Act, 1894 (57 & 58 Vict, c. 60). With an Introduction; Notes, including all Cases decided under the former enactments consolidated in this Act; a Comparative Table of Sections of the Former and Present Acts; an Appendix of Rules, Regulations, Forms, etc., and a Copious Index.-By ROBERT TEMPERLEY, Esq., Barrister-at-Law. Royal 8vo. 1895. 25s. “There is evidence of unusual care and industry in Mr. Temperley’s elaborate work, by far the most comprehensive which has yet appeared on this lengthy and important consolidating measure.”—Law Times. “A full, complete, and most satisfactory work.”—Law Quarterly Review. “A monument of well-directed industry and knowledge directed to the elucidation of the most comprehensive and complicated Act.”—Law Journal. SLANDER-Odgers, Wide “Libel and Slander.” SOLICITORS.-Cordery's Law relating to Solicitors of the Supreme Court of Judicature. With an Appendix of Statutes and Rules, and Notes on Appointments open to Solicitors, and the Right to Admission to the Colonies. Second Edition. By A. CORDERY, Esq., Barrister-at-Law. Demy 8vo. 1888. 16s. Turner-Wide “Conveyancing” and “Wendors and Purchasers.” *** All standard Law Works are kept in Stock, in law calf and other bindings. 28 STEVENS AND SONS, LIMITED, SPECIFIC PERFORMANCE–Fry's Treatise on the Specific Performance of Contracts. By the Right Hon. Sir EdwańDFRY. Third Edition. By the Author and E. PoETSMOUTH FRY, Esq., Barrister-at-Law. Royal 8vo. 1892. l!. 16s. “The standard work on Specific Performance.”—Law Gazette. STAMP, ACTS.–Highmore's Stamp Act, 1891, and the Stamp Duties Management Act, 1891. With an Introduction and Notes, and a copious Index. By NATHANIEL JoSEPH HIGHMORE, Esq., Barrister-at-Law, Assistant-Solicitor of the Inland Revenue. Demy 8vo. 1891. 5s. “A useful guide to those who desire to understand the present state of the stamp laws.”—Law Journal. STATUTE LAW-Wilberforce on Statute Law, The Principles which govern the Construction and Operation of Statutes. By E. WILBERFORCE, Esq., Barrister-at-Law. 1881. 18s. STATUTES, and wide “Acts of Parliament.” Chitty's Statutes, New Edition.—The Statutes of Practical Utility, from the earliest times to 1894 inclusive. Arranged in Alpha- betical and Chronological Order; with Notes and Indexes. Fifth Edition. By J. M. LELY, Esq., Barrister-at-Law. Royal 8vo. Complete with Indea. In 13 Volumes. 1894–1895. 13!. 13s. Annual Supplement for 1895. By J. M. LELY, Esq. 5s. For 1896. 10s. “It is a book which no public library should be without.”— Spectator. “We think that the present edition will not only keep up, but add to the reputation of the work, and render it a work of permanent value to the practising lawyer.”—Solicitors’ Journal. “The profession will feel grateful both to the editor and the publishers of a work which will be found of the highest value.”— Law Journal. “A legal work of the very highest importance. . . . Few besides lawyers will, we suspect, realise the amount of work which such an undertaking involves to the editor, who appears to have spared no pains to give a clear, orderly, and methodical character to the com- pilation.”—Daily News. “This collection has fulfilled a purpose of usefulness only to be understood by those who are acquainted with the amazing com- plexity of English statute law, with its bewildering incoherence and painful heterogeneity.”—Pall Mall Gazette. “The efforts of the editor of Chitty’s Statutes are directed to the collection and arrangement, under convenient heads, of all the body of practical legislation under which we live, Daily Chronicle. “Indispensable in the library of every lawyer.”—Saturday Review. “It is needless to enlarge on the value of ‘Chitty’s Statutes’ to both the Bar and to Solicitors, for it is attested by the experience of many years.”—The Times. “We have examined, with some care and much interest, each volume as it has come with rapidity and accuracy from the press, and we must confess to some amazement at the remarkable skill and expedition with which the compilation has progressed. Not only to lawyers, but to all concerned with the laws of England, Chitty’s Statutes of Practical Utility are of essential importance, whilst to the practising lawyer they are an absolute necessity.”—Law Times, *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 29 SUMMARY CONVICTIONS,-Paley's Law and Practice of Sum- mary Convictions under the Summary Jurisdiction Acts, 1848–1884; including Proceedings Preliminary and Subse- quent to Convictions, and the Responsibility of Convicting Magistrates and their Officers, with the Summary Jurisdic- tion Rules, 1886, and Forms, Seventh Edition. By W. H. MACNAMARA, Esq., Barrister-at-Law. Demy 8vo. 1892. 248. TAXPAYERS' GUIDES,-Wide “House,” “Income,” & “Land Tax.” THEATRES AND MUSIC HALLS.–Geary's Law of Theatres and Music Halls, including Contracts and Precedents of Contracts.-By W. N. M. GEARY, J.P. With Historical Introduc- tion. By JAMES WILLIAMS, Esqrs., Barristers-at-Law. 8vo. 1885. 5s. TITHES-Studd's Law of Tithes and Tithe Rent-Charge-Being a Treatise on the Law of Tithe Rent-Charge, with a sketch of the History and Law of Tithes prior to the Commutation Acts, and in- cluding the Tithe Act of 1891, with the Rules thereunder. Second Edition. By EDwARD FAIRFAx STUDD, Esq., Barrister-at-Law. Royal 12mo. 1891. 68. “This work is thoroughly reliable.”—Solicitors’ Journal. TORTS,-Addison on Torts.-A Treatise on the Law of Torts; or Wrongs and their Remedies. Seventh Edition. By HoRACE SMITH, Esq., Bencher of the Inner Temple, Metropolitan Magis- trate, Editor of “Addison on Contracts,” &c., and A. P. PERCEVAL REEP, Esq., Barrister-at-Law. Royal 8vo. 1893. l!. 188. “As an exhaustive digest of all the cases which are likely to be cited in practice it stands without a rival.”—Law Journal. “As now presented, this valuable treatise must prove highly acceptable to judges and the profession.”—Law Times. “An indispensable addition to every lawyer’s library.”—Law Magazine. Ball's Leading Cases on the Law of Torts, with Notes. Edited by W. E. BALL, LL.D., Esq., Barrister-at-Law, Author of “Prin- ciples of Torts and Contracts.” Royal 8vo. 1884. 1!. 18. Bigelow's Elements of the Law of Torts, A Text-Book for Students. By MELVILLE M. BIGELow, Ph.D., Lecturer in the Law School of the University of Boston, U.S.A. Crown 8vo. 1889. 10s. 6d. Innes' Principles of the Law of Torts.-By L. C. INNES, lately one of the Judges of the High Court, Madras, Author of “A Digest of the Law of Easements.” Demy 8vo. 1891. 10s. 6d. “A useful addition to any law library.”—Law Quarterly Review. Pollock's Law of Torts: a Treatise on the Principles of Obligations arising from Civil Wrongs in the Common Law. Fourth Edition. By Sir FREDERICK PoELoCK, Bart., Barrister-at-Law. Author of “Principles of Contract,” “A Digest of the Law of Partnership,” &c. Demy 8vo. 1895. 21s. “Concise, logically arranged, and accurate.”—Law Times. “A book which is well worthy to stand beside the companion volume on ‘Contracts.” Unlike so many law-books, especially on this subject, it is no mere digest of cases, but bears the impress of the mind of the writer from beginning to end.”—Law Journal. Shearwood's Sketch of the Law of Tort for the Bar and Solicitors’ Final Examinations. By JoSEPH. A. S.HEARWooD, Esq., Barrister-at- Law. Royal 12mo. 1886. 38. *a*4W standard Law Works are kept in Stock, in law calf and other bindings. 30 STEVENS AND SONS, LIMITED, TRADE MARKS.–Aston,-- Wide “Patents.” - Sebastian on the Law of Trade Marks and their Registration, and matters connected there with, including a chapter on Goodwill; together with the Patents, Designs and Trade Marks Acts, 1883-8, and the Trade Marks Rules and Instructions thereunder; Forms and Precedents; the Merchandize Marks Act, 1887, and other Statutory Enactments; the United States Statutes, 1870-81, and the Rules and Forms thereunder; and the Treaty with the United States, 1877. Third Edition. By LEWIS BoxD SEBASTIAN, Esq., Barrister-at- Law. Demy 8vo. 1890. ll. 5s. “Stands alone as an authority upon the law of trade—marks and their regis- tration.”—Law Jowrmal. “It is rarely we come across a law book which embodies the results of years of careful investigation and practical experience in a branch of law, or that can be unhesitatingly appealed to as a standard authority. This is what can be said of Mr. Sebastian’s book.”—Solicitors’ Journal. Sebastian's Digest of Cases of Trade Mark, Trade Name, Trade Secret, Goodwill, &c., decided in the Courts of the United Ringdom, India, the Colonies, and the United States of America. ByLEWIsl}oxDSEBASTIAN, Esq., Barrister-at-Law. 8vo. 1879. 17. 1s. “Will be of very great value to all practitioners who have to advise on matters connected with trade marks.”—Solicitors’ Journal. TRAMWAYS,--Sutton's Tramway Acts of the United Kingdom; with Notes on the Law and Practice, an Introduction, including the Proceedings before the Committees, Decisions of the Referees with respect to Locus Standi, and a Summary of the Principles of Tramway Rating, and an Appendix containing the Standing Orders of Par- liament. Rules of the Board of Trade relating to Tramways, &c. Second Edition. By HENRY SUTTON, assisted by RoBERT A. BEN- NETT, Barristers-at-Law. Demy 8vo. 1883. ** 15s. TRUST FUNDS.–Geare's Investment of Trust Funds,-Incorpo- rating the Trustee Act, 1888. Second Edition. Including the Trusts Investment Act, 1889. By EDWARD ARUNDEL GEARE, Esq., Barrister-at-Law. Royal 12mo. 1889. 7s. 6d. TRUSTS AND TRUSTEES.–Ellis' Trustee Act, 1893, including a Guide for Trustees to Investments. By ARTHUR LEE ELLIS, Esq., Barrister-at-Law. Fifth Edit. Roy. 12mo. 1894. 6s. “The entire Act is annotated, and the way in which this is done is satis- factory.”—Law Journal. “Mr. Arthur Lee Ellis gives many valuable hints to trustees, not only with regard to the interpretation of the measure, but also with regard to invest- ments.” Godefroi's Law Relating to Trusts and Trustees, Second Edit. By HENRY GODEFROI, of Lincoln's Inn, Esq., Barrister-at-Law. IRoyal 8vo. 1891. l!. 12s. “The second edition of this work which lies before us is a model of what a legal text-book ought to be. It is clear in style and clear in arrangement.”— Law Times. VENDORS AND PURCHASERS, - Dart's Vendors and Pur- chasers, A Treatise on the Law and Practice relating to Vendors and Purchasers of Real Estate. By the late J. HENRY DART, Esq., one of the Six Conveyancing Counsel of the High Court of Justice, Chancery Division. Sixth Edition. By WILLIAM BARBER, Esq., Q.C., RICHARD BURDON HALDANE, and WILLIAM ROBERT SHEIDON, Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1888. 3!. 15s. *...* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 31 VENDORS AND PURCHASERS.—continued. Turner's Duties of Solicitor to Client as to Sales, Purchases, and Mortgages of Land,—Second Edition. By W. L. HACON, Esq., Barrister-at-Law. Demy 8vo. 1893. 108. 6d. “The most skilled in practical conveyancing would gain many useful hints from a perusal of the book, and we recommend it in all confidence.”—Daw Notes. See also Conveyancing.—“Turner." Webster's Law Relating to Particulars and Conditions of Sale on a Sale of Land.--With Appendix of Forms. Second Edition. By WILLIAM FREDERICK WEBSTER, Esq., Barrister-at-Law. Royal 8vo. 1896. 258. “This is the Second Edition of a well arranged and useful book, and the use- fulness will not be impaired by the fact that the authority for each proposition and the reference to such authority are cited in the text itself instead of being relegated to a footnote.”—Law Journal. WAR, DECLARATION OF.—Owen's Declaration of War, A Survey of the Position of Belligerents and Neutrals, with relative considerations of Shipping and Marine Insurance during War. By Dougi,As OWEN, Esq., Barrister-at-Law. Demy 8vo. 1889. 218. WILLS.—Theobald's Concise Treatise on the Law of Wills, Fourth Edition. By H. S. THEOBALD, Esq., Barrister-at-Law. Royal 8vo. 1895. 30s. “A concise and convenient work of reference. . . . A condensed and trust- worthy digest.”—Law Quarterly Review. “Comprehensive though easy to use, and we advise all conveyancers to get a copy of it without loss of time.”—Law Journal. “Of great ability and value. It bears on every page traces of care and sound judgment.”—Solicitors’ Journal. “The work is, in our opinion, an excellent one, and of very great value, not only as a work of reference, but also for those who can afford to give special time to the study of the subject with which it deals.”—Law Student’s Journal. Weaver's Precedents of Wills, A Collection of Concise Precedents of Wills, with Introduction, Notes, and an Appendix of Statutes. By CHARLES WEAVER, B.A. Post 8vo. 1882. 58. WINDING UP,-Palmer's Company Precedents, For use in rela- tion to Companies, subject to the Companies Acts, 1862–1890. Part II. WINDING-UP FoRMS AND PRACTICE. Arranged as follows:— Compulsory Winding-Up, Voluntary Winding-Up, Winding-Up under Supervision, Arrangements and Compromises, with a Chapter On Debentures, and copious Notes, and an Appendix of Acts and Rules. Seventh Edition. By FRANCIS BEAUFORT PALMER, assisted by FRANK EVANS, Esqrs., Barristers-at-Law. Royal 8vo. (In the press.) “Palmer's ‘Company Precedents’ is the book par excellence for practitioners. e e º 'º º It is needless to recommend Mr. Palmer’s book to the profession, for it is already known and appreciated. We advise those who have any doubts to con- sult it, and they Will be in agreement with us.”—Law Journal, March 7, 1896. “Simply invaluable, not only to company lawyers, but to everybody con- nected with companies.”—Financial News. WRECK INQUIRIES.–Murton's Law and Practice relating to Formal Investigations in the United Kingdom, British Posses- sions and before Naval Courts into Shipping Casualties and the Incompetency and Misconduct of Ships' Officers. With an Introduction. By WALTER MURTON, Solicitor to the Board of Trade. Demy 8vo. 1884. ll. 48. WRONGS.–Addison, Ball, Pollock, Shearwood, Wide “Torts.” STEVENS AND SONS, LD., 119 & 120, CHANCERY LANE, LONDON. NEW WORKS AND NEW EDITIONS PREPARING FOR PUBLICATION. Browne and Powles' Law and Practice in Divorce and Matri- monial Causes,—Sixth Edition. By L. D. Powl.Es, Esq., Bar- rister-at Law. (In the press.) Bullen and Leake's Precedents of Pleading, with Notes relating to Pleading—Fifth Edition. By THOMAs J. BULLEN, Esq., Bar- rister-at-Law, CYRIL. DoDD, Esq., Q.C., and C. W. CLIFFORD, Esq., Barrister-at-Law. (Nearly ready.) Campbell's Ruling Cases.-Arranged, Annotated and Edited by ROBERT CAMPBELL, Esq., Barrister-at-Law ; with American Notes by IRWING BROWNE, Esq. Vol. XI. : Estoppel to Execution. (Nearly ready.) Vol. XII. : Executor to Innkeeper (In the press.) To be completed in about 25 Volumes. Prospectus on application. - Chitty's Forms of Practical Proceedings in the Queen's Bench Division. Thirteenth Edition. By T. W. CHITTY and HERBERT CHITTY, Esqrs., Barristers-at-Law. (In preparation.) Edmunds' Law and Practice of Letters Patent for Inventions,— By LEWIS EDMUNDs, Esq., Q.C. Second Edition. (In the press.) 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