CITY OF ACT, LONDON SEWERS 1897. 60 & 61 Vict., Cap. 133. An Act for the dissolution [Preamble.] 60 & 61 Vict., Cap. 133. 1. This Act may be cited as the City of London Short title. Sewers Act 1897. tion. 2. In this Act unless the context otherwise requires Interpretathe following terms have the meanings herein-after respectively assigned to them (that is to say) : The Common Council" means the mayor aldermen *** "Powers includes authorities rights jurisdiction capacities privileges exemptions and immunities; "Duties" includes responsibilities and obligations; 4. On and from the commencement of this Act the Repeal of provisions of section 5 of the Act of 1848 to the extent certain mentioned in the Second Schedule to this Act *** and sections of section 57 of the Act of 1851 to the extent mentioned in the said schedule are by this Act repealed but without prejudice to anything done or suffered under any provision so repealed. 11 & 12 Vict. c. clxviii. 5. On and from the commencement of this Act the Dissolution of commission under which the commissioners at present act commission shall be determined and all their property debts duties and and transfer of commissioners shall cease to exist and their authority powers of comproperty and shall be determined and all their property debts duties and missioners. liabilities shall be by this Act transferred to and vest in the mayor and commonalty and citizens of the city of London and such of the powers authorities and duties of the commissioners as are not already vested shall by this 60 & 61 Vict., Cap. 133. Acts to be substituted for &c. Act vest in the said mayor and commonalty and citizens (who shall be in law the successors of the commissioners) and shall be exercised by them through the Common Council *** 7. Every Act of Parliament giving any power or authority to or imposing any duty or liability upon or otherwise relating to the commissioners or providing any forms of proceedings relating to such commissioners shall commissioners unless the context otherwise requires and so far as applicable be read and have effect as if in such Act the Common Council were substituted for the commissioners of sewers and a member of the Common Council for a commissioner of sewers Provided always that where in any Act it is provided that any lands sewers drains buildings materials property or articles not at the commencement of this Act vested in the commissioners shall be or become vested in them the same shall be by this Act vested in the said mayor and commonalty and citizens and not in the Common Council. *** SECOND SCHEDULE. SECTIONS OF THE CITY OF LONDON SEWERS ACTS 1848 AND 1851 61 & 62 Vict., Cap. 29. LOCOMOTIVES ACT, 1898. 61 & 62 Vict., Cap. 29. An Act to amend the Law with respect to the use of Locomotives on Highways, and with respect to extraordinary Traffic. (a) [2nd August 1898.] [Introductory words.] 1.-1.) The council of a municipal borough as regards any highway situated in the borough, and the county council as regards any highway situated in their county but not in a borough, may permit any waggons drawn or propelled by a locomotive on the highway to carry weights in excess of those mentioned in section four of the Locomotive Act, 1861. (2.) If any person without such permission uses any waggon drawn or propelled by a locomotive on any highway to carry weights in excess of those mentioned in section four of the Locomotive Act, 1861, as amended by this Act, or, being the owner of the waggon, permits it so to be used, that person shall be liable for each offence, on summary conviction, to a fine not exceeding ten pounds. (3.) The proviso to section four of the Locomotive Act, 1861, is hereby repealed, and in lieu thereof it is enacted as follows: Provisions as to the weight carried by waggons. 24 & 25 Vict. c. 70. Provided that the regulation of weight herein mentioned shall not extend to any waggon carrying only one block, plate, cable, roll, vessel of stone or metal, or other single article, being of greater weight than sixteen tons, but the fellies, tires, or shoes of such waggon shall not be less than eight inches in breadth, and any damage arising from the user of any such waggon shall be deemed to be damage caused by excessive weight within the meaning of section twenty-three of the Highways and Locomotives 41 & 42 Vict. Amendment Act, 1878, as amended by this Act. (b) 2. The weight unloaded of every waggon drawn or propelled by a locomotive shall be conspicuously and legibly affixed thereon, and every owner not having affixed such weight shall be liable for each offence, on summary (a) Short Title, the Locomotives Act, 1898. See s. 19. (b) For amendment, see s. 12. c. 77. Weight of affixed 61 & 62 Vict., Cap. 29. Limit to number of waggons. Erection and use of weighing machines. 52 & 53 Vict. C. 49. 38 & 39 Vict. c. 55. Restriction of locomotive traffic by byelaw. conviction, to a fine not exceeding five pounds, and any owner who shall fraudulently affix thereon any incorrect weight shall be liable for each offence, on summary conviction, to a fine not exceeding ten pounds. 3. (1.) A locomotive shall not be used on any highway to draw more than three loaded waggons (exclusive of any waggon solely used for carrying water for the locomotive) without the consent, so far as regards highways situated in a municipal borough, of the council of the borough, and, so far as regards highways not so situated, of the county council. (2.) If any person uses a locomotive in contravention of this section, or being an owner of a locomotive permits it to be so used, that person shall be liable for each offence, on summary conviction, to a fine not exceeding ten pounds. 4.-(1.) Road authorities shall have power to erect in their districts machines for weighing locomotives and loaded waggons drawn by them, and shall have power by their servants to require the persons in charge of such locomotives and waggons to proceed thither for the purpose of having such locomotives and waggons weighed: Provided that the road authority making such requirement shall pay for any loss caused by the delay if the weight should be found to be within the limits authorised by law, and that any person in charge of a locomotive who refuses or neglects to comply with any such require ment shall be liable for each offence, on summary conviction, to a fine not exceeding ten pounds. (2.) Where a road authority and the engine owner fail to agree as to the amount of compensation to be paid under this section, the differences between them shall be settled by arbitration under the Arbitration Act, 1889. Where a road authority weighs locomotives and waggons under this section, a certificate of weight shall be given which shall exempt such locomotives and waggons from being weighed during the continuance of that journey. (3.) For the purposes of this section the council of any county borough and any district council may borrow under and subject to the provisions of the Public Health Act, 1875. *** 6. (1.) The council of a county and of any borough containing, according to the census of one thousand eight hundred and eighty-one, a population of ten thousand or upwards, may by byelaw ** (c) prohibit or restrict the use of a locomotive on 61 & 62 Vict., Provided that the council of any such county or borough may, where their byelaw prohibits the use of locomotives on any highway, give special authority for the use of a locomotive on the highway, if in any case it appears necessary for the purpose of the delivery of goods or for any other particular purpose. Provided also that the council of any such county or borough shall not give any such special authority for the use of a locomotive on any bridge except with consent of the person liable to the repair of such bridge, and the council of any such county or borough may with such consent give such special authority subject to payment being made by the person applying for such special authority to the person liable to the repair of such bridge of the cost of temporarily strengthening such bridge on each occasion of such use. (2.) If any person in charge of a locomotive acts in contravention of any byelaw under this section, and without any such special authority, he shall be liable for each offence, on summary conviction, to a fine not exceeding five pounds. (3.) Any byelaw made under this section shall be subject to confirmation by the Local Government Board, and sections one hundred and eighty-four, one hundred and eighty-five, and one hundred and eighty-six of the Public 38 & 39 Vict. Health Act, 1875 (which relate to the confirmation, print- c. 55. ing, and evidence of byelaws), shall accordingly apply to any byelaws under this section as they apply to byelaws made by a local authority under that Act. Provided that, in addition to the notice of intention to apply for confirmation of any byelaw which is required by section one hundred and eighty-four of the said Act, notice of such intention shall in the case of any byelaw made under this section be given in the London Gazette one month at least before making the application. (4.) The Local Government Board in connexion with the confirmation of any byelaw under this section shall have all proper regard to the necessities of through locomotive traffic, and of persons who own or use locomotives, and shall consider any representations made to them by any local authority concerned, and shall also have regard to the advantage of byelaws being uniform in adjoining areas except where uniformity is, in their opinion, made inexpedient by difference in the circumstances of the areas. |