Highways and Locomotives (Amendment) Act 1878

PART III

Procedure and Definitions

34 Confirmation of provisional order

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 Confirmation of byelaws

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 Recovery of penalties and expenses

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 determining 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.

37 Form of appeal to quarter sessions

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, 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 twenty-one 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 Interpretation

In this Act—

• " County " has the same meaning as it has in the [25 & 26 Vict. c. 61.] Highway Acts, 1862 and [27 & 28 Vict. c. 101.] 1864, except that every liberty not being assessable to the county rate of the county or counties within 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 highway board, be deemed to be a separate county:

• " County authority " means the justices of a county in general or quarter sessions assembled:

• " Borough " means anyplace for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled " An " Act to provide for the regulation of municipal corporations " in England and Wales," and the Acts amending the same :

• " Highway district " means a district constituted in pursuance of the [25 & 26 Vict. c. 61.] Highway Act, 1862, and the [27 & 28 Vict. c. 101.] 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 [25 & 26 Vict. c. 61.] Highway Acts, 1862 and [27 & 28 Vict. c. 101.] 1864, or one of such Acts :

• " Highway authority " means as respects an urban sanitary district 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 [38 & 39 Vict. c. 55.] 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 [38 & 39 Vict. c. 55.] 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 hi 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 [18 & 19 Vict. c. 120.] 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 King George the Pourth, 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 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.