To whom c. 63. 38 & 39 Vict. c. 55. (4.) For prohibiting or regulating the erection of gates across highways, and prohibiting gates opening outwards on highways; and (5.) For regulating the use of bicycles. Fines to be recovered summarily may be imposed by any such byelaws on persons breaking any byelaw made under this section, provided that no fine exceeds for any one offence the sum of two pounds, and that the byelaws are so framed as to allow of the recovery of any sum less than the full amount of the fine. Saving for Minerals. 27. Notwithstanding anything contained in section sixty-eight minerals under of the Public Health Act, 1848, or in section one hundred and disturnpiked roads to belong. forty-nine of the Public Health Act, 1875, all mines and minerals 11 & 12 Vict. of any description whatsoever under any disturnpiked road or highway which has or shall become vested in an urban sanitary authority by virtue of the said sections, or either of them, shall belong to the person who would be entitled thereto in case such road or highway had not become so vested, and the person entitled to any such mine or minerals shall have the same powers of working and of getting the same or other minerals as if the road or highway had not become vested in the urban sanitary authority, but so nevertheless that in such working and getting no damage shall be done to the road or highway. This section shall extend to the Isle of Wight and to South Wales, as defined by the said Act of the twenty-third and twentyfourth years of the reign of Her present Majesty, chapter sixty-eight, intituled "An Act for the better management and control of the "highways in South Wales." 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 Section three of the Locomotive Act, 1861, and section five of the Locomotive Act, 1865, are hereby repealed, so far as relates to England, and in lieu thereof be it enacted that it shall not be lawful to use on any turnpike road or highway a locomotive constructed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 provisions; (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 any waggon 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 width of such tires shall not be less than fourteen inches; and (3.) A locomotive shall not exceed nine feet in width or fourteen The owner of any locomotive used contrary to the foregoing provisions 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 owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorise such locomotive to be used on any turnpike 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 cognizance 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. 28 & 29 Vict. c. 83. s. 3. 29. The paragraph numbered "secondly" of section three of the Amendment of 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." 66 constructed so 30. Section eight of the Locomotive Act, 1861, is hereby repealed, Steam locoso far as relates to England; and in lieu thereof, be it enacted that motives to be every locomotive used on any turnpike road or highway shall be as to consume constructed on the principle of consuming its own smoke; and any their smoke. 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 highway. 24 & 25 Vict. c. 70. make orders as motives may pass over 31. Section eight of the Locomotive Act, 1865, is hereby re- Power to local pealed, so far as relates to England; and in lieu thereof, be it authorities to enacted that the mayor, aldermen, and commons in the city of to hours during London, and the Metropolitan Board of Works in the metropolis, which locoexclusive of the city of London, and the council of any borough which has a separate court of quarter sessions, and the county roads. authority of any county, may make byelaws as to the hours during 28 & 29 Vict. which locomotives 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 c. 83. Power of county authority to license locomotives. Duration of Part II. of 28 & 29 Vict. Confirmation of provisional order. Confirmation of byelaws. Recovery of penalties and expenses. 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 byelaws shall be liable to a fine not exceeding five pounds. 32. A county authority may from time to time make, alter, and repeal byelaws for granting annual licenses to locomotives used within their county, and the fee (not exceeding ten pounds) to be paid in respect of each license; and the owner of any locomotive for which a license is required under any byelaw so made who uses or permits the same to be used in contravention of any such byelaw shall be liable to a fine, not exceeding forty shillings 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. 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. PART 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 byelaw made under this Act, and any alteration made therein and any repeal of a byelaw, shall not be of any validity until it has been submitted to and confirmed by the Local Government Board. A byelaw 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 byelaw 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 "facilitate the performance of the duties of justices of the peace "out of sessions within England and Wales with respect to sum"" mary convictions 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 deter mining an information 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 empowered by law to do alone any act authorised to be done by more than one justice of the peace. sions. 37. If any party thinks himself aggrieved by any conviction or Form of appeal order made by a court of summary jurisdiction on determining any to quarter sesinformation or complaint under this Act, the party so aggrieved may appeal therefrom, subject to the conditions and regulations following: (1.) The appeal shall be made to the next practicable court of quarter sessions for the county or place where the decision appealed from was given holden not less than twentyone days after the decision of the court from which the appeal is made; and (2.) The appellant shall, within ten days after the pronouncing by the court of the decision appealed from, give notice to the other party and to the court of summary jurisdiction of his intention to appeal and of the ground thereof; such notice of appeal shall be in writing signed by the person or persons giving the same, or by his, her, or their solicitor on his, her, or their behalf; and (3.) The appellant shall, within three days after such notice, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice may allow; and (4.) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody : (5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisdiction the said last-mentioned court shall thereupon re-hear and decide the information or complaint in accordance with the opinion of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just. 38. In this Act Interpretation. c. 61. County" has the same meaning as it has in the Highway Acts, 25 & 26 Vict. 1862 and 1864, except that every liberty not being assessable 27 & 28 Vict. to the county rate of the county or counties within which it is c. 101. locally situate shall, for the purposes of this Act other than those relating to the formation and alteration of highway dis[No. 41. Price 2d.] S s 25 & 26 Vict. c. 61. 27 & 28 Vict. c. 101. 25 & 26 Vict. c. 61. 27 & 28 Vict. c. 101. 38 & 39 Vict. c. 55. 38 & 39 Vict. c. 55. 18 & 19 Vict. c. 120. tricts, and the transfer of the powers of a highway board, be deemed to be a separate county: "County authority means the justices of a county in general "Borough" means any place for the time being subject to the Highway board" means the highway board having jurisdiction Highway parish" means a parish or place included or capable "Rural sanitary district" and "rural sanitary authority 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 "The metropolis" means the parishes and places mentioned in Petty sessional division" means any division for the holding special sessions formed or to be formed under the provisions of the Act of the ninth year of the reign of His late Majesty King 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 otherwise than under the said lastmentioned Act; but does not include any city, borough, town corporate, or district constituted a petty sessional division by |