4I 42 Vict., ceed under this Act and under any other Act or law in respect of the same destruction or injury. Cap. 76. Penalty for obstruction. Prosecution of offences. Provision as to Postmaster General. 9. Where any undertakers, body, or person or their agents obstruct the Postmaster General or his agents in placing, maintaining, altering, examining, or repairing any telegraphic line in pursuance of this Act, or of any consent given in pursuance of this Act, or in supervising or directing any alteration in any telegraphic line made by any undertakers or their agents in pursuance of this Act, such undertakers, bodies, or persons and agents respectively shall for every act of obstruction be liable to a fine not exceeding ten pounds, or in case such obstruction continues, ten pounds for every day during which the same continues. 10. All fines and penalties under any of the Telegraph Acts may be recovered by the Postmaster General in manner provided by the Summary Jurisdiction Acts before a court of summary jurisdiction, and for the purposes of this Act *** [Sub-section (1.) repealed by Statute Law Revision Act, 1894.] means as respects England, any justice of the peace or other magistrate or officer to whom jurisdiction is given by the Summary Jurisdiction Acts, so, however, that any case arising under any of the Telegraph Acts shall be heard and determined either by two or more justices of the peace in petty sessions sitting at a court or other place appointed for holding petty sessions, or by 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; and as respects Scotland, means any sheriff or sheriff substitute; and as respects Ireland, means any justice or justices or other magistrate, by whatever name called, having jurisdiction under the Summary Jurisdiction Acts. All fines and penalties recovered in pursuance of any of the Telegraph Acts shall be paid into the Exchequer. 11. *** Any legal proceeding may be instituted by the Postmaster General for any of the purposes of any of the Telegraph Acts in the name of Her Majesty's Post Cap. 76. master General, *** and shall not abate or be discon- 41 & 42 Vict., tinued by reason of any change in the person who is Postmaster General, but may be carried on as if Her Majesty's Postmaster General *** were a body corporate; and where any sum is due or payable to the Postmaster General under any of the Telegraph Acts, or any contract, agreement, or regulations made in pursuance or for any of the purposes of those Acts or any of them, the Postmaster General may recover the same as a debt in any court and in any manner in which it might be recovered if it were a debt due to a private person. [Words omitted from s. 11, repealed by Statute Law Revision Act, 1894.] 12. A notice under this Act may be in writing or print, or partly in writing and partly in print. Any notice, appointment, direction, or document given, issued, or made for the purposes of this Act by the Postmaster General shall be sufficiently authenticated if purporting to be signed by a secretary or assistant secretary of the Post Office, or by a superintending engineer of the Postmaster General, or by an officer appointed for the purpose by the Postmaster General, and when so authenticated shall be deemed to be given, issued, or made by the Postmaster General. Where a notice is given by any undertakers, body, or person, the notice shall be sufficiently authenticated if purporting to be signed by the chairman, secretary, clerk, or other officer of such undertakers, body, or person. A notice required to be given under this Act to the Postmaster General may be given by leaving the same at or by forwarding the same by post to the General Post Office in a letter addressed to the Postmaster General or to the Secretary of the Post Office, or to an assistant secretary of the Post Office, or by delivering the same to or forwarding the same by post in a letter addressed to the superintending engineer of the Postmaster General for the district in which is the work, telegraphic line, or other matter referred to in the notice and addressed to him at his office or usual place of abode. A notice required to be given under this Act to any undertakers or body may be given by leaving the same at or by forwarding the same by post to the office, or where there is more than one office the principal office of such undertakers or body in a letter addressed to such undertakers or body, or to their chairman, secretary, clerk, or other officer. A notice required to be given under this Act to any person may be given by delivering the same to such person Printing, authentication, and service of notices and other docu ments. *** 41 & 42 Vict., Cap. 76. or by leaving the same at or forwarding the same by post in a letter addressed to such person at his usual or last known place of abode. Where a notice is forwarded by post it shall be deemed to have been given at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving the giving thereof it shall be sufficient to prove that the same was properly addressed and put into the post. The expression "notice" in this section shall be deemed to include a counter-notice. HIGHWAYS AND LOCOMOTIVES (AMENDMENT) ACT, 1878. 41 & 42 Vict., Cap. 77. An Act to amend the Law [Preamble repealed by Statute Law Revision Act, 1894.] Preliminary. 41 & 42 Vict., Cap. 77. 1. This Act may be cited as the Highways and Loco- Short title. motives (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 any part of the Metropolis; *** [Words omitted from s. 2 repealed by Statute Law Revision Act, 1898. See also Local Government Act, 1888, ss. 12, 13.] PART I-AMENDMENT OF HIGHWAY LAW. *** Extraordinary Traffic. Application of Power of road authority to recover expenses of traffic. (b) 23. Where by a certificate of their surveyor it appears to the authority which is liable or has undertaken to repair any highway, whether a main road or not, that, having regard to the average expense of repairing highways in the extraordinary 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] (b) from any person [by whose order] (b) such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of the court having cognizance of the case to have been incurred by such authority by reason of the damage arising from such weight or traffic as aforesaid. (a) For exemption of certain light locomotives from application of this Act, see Locomotives on Highways Act, 1896, s. 1, p. 446. (b) For amendment of s. 23, as regards words within brackets, see Locomotives Act, 1898, s. 12, p. 475. 41 & 42 Vict.. Cap. 77. Weight of 24 & 25 Vict. 28 & 29 Vict. c. 83. Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with such authority as is mentioned in this section for the payment to them of a composition in respect of such weight or traffic, and thereupon the persons so paying the same shall not be subject to any proceedings under this section. *** PART II. AMENDMENT OF LOCOMOTIVE ACTS, 1861 AND 1865. 28. *** (a) It shall not be lawful to use on any *** (b) 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 tons in weight, except as herein-after provided; and (4.) (c) 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 provisions shall for every such offence be liable (a) (b) Words omitted repealed by Statute Law Revision Acts, viz. (a) 1894, (b) 1898. As to non-revival of enactments repealed by the repealing portion of such words, see Interpretation Act, 1889, ss. II. (1.), p 369, and 38. (2.) (a.), p. 376. (c) The requirements of sub-section (4) may be from time to time varied by order of the Local Government Board. See Locomotives on Highways Act, 1896, s. 9, p. 447. |