SYNOPSIS OF OFFENCES.

Statuta

HIGHWAYS-continued.

IV. NUISANCES-continued.

62. Penalty on Owner of Cattle found straying on Highway.] If any
horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule,
ass, sheep, lamb, goat, kid, or swine is at any time found
straying on or lying about any highway, or across any part
thereof, or by the sides thereof (except on such parts of any
highway as pass over any common or waste or uninclosed
ground). See Note 219.

*[MEM. The owner is in no case to pay more than 30s. over
and above the reasonable expenses, including the charges of the
pound keeper.]

63. Rescuing Distress.] Rescuing or releasing,-or attempting to rescue
or release, any distress or levy made under the authority of
this act [vide distress for penalties, &c. under s. 103], until or before
such horse, &c. seized (as Offence 60), or so impounded, or such
distress or levy so made, be discharged by due course of law.
[See tit. "Pound-breach," post, as to the rescue of cattle found
straying on inclosed land.]

V. OTHER OFFENCES (Note 209).

64. Person having in his custody poor rate assessments refusing or neglecting to produce same to surveyor or person authorized in writing by him,-or to allow copy or extract to be made or taken at reasonable hours.

65. Taking materials purchased, &c. for repair of highways without consent of the surveyor (see the sect.).

66. Owner not cutting down trees on highway or within 15 feet from centre, within 21 days after notice from surveyor (Note 220).| [See s. 65, as to hedges not being cut.]

67. Width of Gates.] Person to whom gates across public cart and horseways belong not removing or enlarging the same for 21! days after notice from surveyor.

68. Railways.] Proprietors not erecting and maintaining good and sufficient gates at each crossing, and employing good and proper persons to attend to the opening and shutting the same.

69. Owner, occupier or other person altering ditches, &c. without consent, after taken charge of by surveyor.

Id. s. 71.

Id. 8. 68.

corresponding re-enactment; but the power to seize and impound under the comm law is assumed (according to the opinion of the law officers of the crown) in the pr sion of sect. 25, enacting a penalty against the owner of cattle straying, &c. Offere supra), and not, as required in Offence 60, "under the authority" of 5 & 6 WL+ c. 50, which, however, is incorporated with 27 & 28 Vict. c. 101, as shown in No 14 It is doubtful, therefore, whether this offence is now punishable, as no direct auth is given by any of the Highway Acts to impound cattle. By a proviso to sect. 2 nacted, that nothing in this act shall be deemed to extend to take away any rist turage which may exist on the sides of any highway." As to the term "strapına,

was held in Morris v. Jeffries (35 L. J. (N. S.) M. C. 143; 13 Law T., N. S. 629), that if an animal is under the control of some person it is not liable to seizure, not being straying; but in Laurence v. King (37 L. J. (N. S.) M. C. 78; 18 Law T., N. S. 356) it held that the liability to the penalty may be incurred if sheep are allowed to lie about a highway, although they were under the control of a keeper at the time they were so found lying about. See also Golding v. Stocking, 38 L. J. (N. S.) M. C, 122; Freestone v. Casswell, 20 Law T., N. S. 479, 918; Bothamley v. Danby, 24 Law T.,

5.8.656.

220 The word "

owner

"in sect. 66 of the Highway Act, 5 & 6 Will. 4, c. 50,

Summary Convictions.

SYNOPSIS OF OFFENCES.

[PART I.

Statute.

VI. OFFENCES BY OFFICERS OF HIGHWAY BOARDS.

70. Any person accepting or holding the office both of treasurer, clerk,
or district or assistant surveyor, by himself or partner, clerk,
agent or servant.

25 & 26 Vict.

c. 61, s. 13.

71. Clerk of highway board, withing 30 days after audit of accounts by board, not transmitting statement of accounts to home secretary.

[For further offences in relation to highways, see tit. "Loco-
motives," post.]

HIGHWAYS AND LOCOMOTIVES (AMENDMENT) ACT, 1878.
Bye-laws by County Authority.] By sect. 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 ties are not of such width in propor-
tion 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

(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 locking of such wheel; and

(4.) For prohibiting or regulating the erection of gates across highways, and prohibiting gates opening outwards on highways; and

Id. s. 27.

41 & 42 Vict.

c. 77, s. 26.

means the person in actual occupation. An order of justices under sect. 65 for lopping trees overhanging a highway, made on a summons served only on the occupying tenant of the land abutting on the highway, is valid and in form is sufficient. Woodward v. Billericay Highway Board, L. R., 2 Q. B. D. 291; 48 L. J., Ch. 535.

221 "HIGHWAYS AND LOCOMOTIVES."] Section 37 gives and regulates an appeal against a conviction or order under the act. A power of appeal is also given by the 42 & 43 Vict. c. 49, ss. 19, 31, 32.

O.S.

VOL. I.

K K

Summary Convictions.

[PART I.

SYNOPSIS OF OFFENCES.

Statute.

HIGHWAYS AND LOCOMOTIVES-continued.
(5.) For regulating the use of bicycles (Note 222).
[Fines to be recoverable 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 £2, 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.]

By sect. 31, the Mayor of London, the Metropolitan Board of Works, and the council of any borough which has a separate court of quarter sessions, and the county authority of any county, may make bye-laws as to the hours during 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 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 £5.

HIGHWAY AND LOCOMOTIVES (AMENDMENT) ACT, 1878
(Note 223).

(See as to power of county authority to make bye-laws in regulating
the use of bicycles, ante, "Highways and Locomotives (Amend-
ment) Act, 1878," supra.)

1. Sect. 28. 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 tyres 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
tyres 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 tyres may be reduced in the same proportion as
the diameter of the wheels is increased, but in such case the
width of such tyres shall not be less than fourteen inches
and
es;

(3.) A locomotive shall not exceed nine feet in width, or fourteen tons in weight, except as hereinafter provided (Note 225); and

222 Section 35 provides for the validating of bye-laws.

(41 & 42 Vict.

c. 77, s. 31).

41 & 42 Vict. c. 77, s. 28.

223 By section 33 it is enacted that this part of the act which relates to locomotives is to remain in force so long only as the Locomotive Act, 1865, continues in force.