carriage which may be, from time to time, used for the purpose of standing or plying for hire in the street, and the time during which such carriage is to be deemed to be a "hackney carriage" is not limited to the actual periods during which it stands or plies for hire (u). With regard to all such vehicles (x), when "public" or "plying for hire," the Acts just referred to make provision for the mode in which licences, if required, shall be obtained for such vehicles, and for the rules and regulations under which such vehicles shall be allowed to ply for hire; and where these Acts, or parts of them, are still in force, the laws applicable to such vehicles will be applicable to all such light locomotives as come within those Acts (y). In the metropolis the Acts regulating vehicles of all kinds which ply for hire, now including all motor cars which are carriages plying for hire, and in which definitions, penalties, duties, and rules are laid down, are the London Hackney Carriages Act, 1831 (z), the London Hackney Carriages Act, 1843 (a), the London Hackney Carriages Act, 1853 (6), the London Hackney Carriages (Charge for Hire) Act, 1853 (c), the Metropolitan Public Carriages Act, 1869 (d), the London Cab Act, 1896 (e).

It will be seen from the above Acts that in the case of all public vehicles (i.e., plying for hire) the name and address of the owner or owners must be painted legibly and conspicuously upon the vehicle (ƒ), while in the case of hackney carriages a numbered plate may be required to be fixed (g). Where the motor car is a private vehicle, but is used as a waggon, wain, cart, car, dray, or other such carriage within the metropolis, the name and address of the owner or owners must also be painted in a legible manner (h). Outside the metropolis the vehicle upon which a similar liability is imposed, to have the name and address of the owner or owners painted legibly upon it in letters one inch in length, is defined rather more shortly than in the last-mentioned

(u) See p. 88, note (t). Hawkins v. Edwards, (1901) 2 K. B. 169; 70 L. J. K. B. 597; 84 L. T. 532.

(x) See also p. 22, note on Art. I. of the Local Government Board Regulations, 1904.

(y) See pp. 84 et seq.

(2) 1 & 2 Will. 4, c. 22.

(a) 6 & 7 Vict. c. 86.

(b) 16 & 17 Vict. c. 33.

(c) 16 & 17 Vict. c. 127.

(d) 32 & 33 Vict. c. 115. This is the important Act under which the regulations are issued.

(e) 59 & 60 Vict. c. 27.

(f) Stage Carriages Act, 1832, s. 36. Stage carriage letters one inch in length: The London Hackney Carriages Act, 1843, ss. 4, 5.

(g) Cf. Towns Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 38; Metropolitan Streets Act, 1867 (30 & 31 Vict. c. 134), s. 17, sub-s. 2; Metropolitan Public Carriages Act, 1869, ss. 6, 7.

(h) London Hackney Carriages Act, 1831, ss. 59, 60; and see Local Government Board Regulations, 1904, Art. II. sub-sect. 5.

Act as a (6 waggon, cart or other such carriage" (i); it has been decided that the "cart" or "carriage" contemplated by this section is ejusdem generis with "waggon," and that a light spring cart, though frequently used for the conveyance of agricultural implements, does not come within the section (k). Under sect. 2 of the Motor Car Act, 1903, all motor cars, whether they are public or private vehicles, must bear an identification mark (1).

In addition to the carriages of the above descriptions, it is clear that any other kind of vehicle not included in those descriptions, will be a motor car within the meaning of the Act, whenever propelled by mechanical power. Thus cycles of any kind, bath chairs, or tradesmen's cycles or barrows, if driven or propelled by mechanical power, such as electricity, steam, oil, gas, or air, will come within the definition of motor cars, and be subject to the rules or regulations applicable to vehicles of that class. The term "motor cycle" will generally be treated as limited to motor cars designed to travel on not more than three wheels and weighing unladen not more than 3 cwt. (m).

It will be noticed that in the case of a private vehicle or carriage (not being a cart) no name is required to be painted thereon (n). There is yet another class of public vehicles to which as yet no reference has been made, but among which light locomotives will probably soon be found working, viz.,

tramcars.

Tramcars are, by sect. 3 of the Towns Police Clauses Act, 1889 (o), specially excluded from the provisions of that Act, which was passed for the purpose of bringing omnibuses within certain provisions of the various Hackney Carriage Acts.

Tramcars are regulated by the Tramways Act of 1870 (p), which provides for the construction, mode of user, and regulations for the user of all tramways, for their continuance, discontinuance, future purchase by local authorities, bye-laws, &c., and to which no further reference need be made in the present work.

(i) Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 76. Government Board Regulations, 1904, Art. II. sub-sect. 5, painting of weight of motor cars in certain cases.

See also Local for rules as to

In this case a

(k) Danby v. Hunter, 5 Q. B. D. 20; 49 L. J. M. C. 15. duty had been paid for the cart under 32 & 33 Vict. c. 14, s. 19, sub-s. 6, which is repealed by sect. 26, and is replaced by sect. 4, sub-sect. 3, of the Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8).

(1) See post, p. 43.

(m) See the Motor Car (Registration and Licensing) Order, 1903, Art. XI. (2) A motor car weighing more than 15 cwt., and fitted with tires other than pneumatic tires or tires of a soft or elastic material, must have the weight painted thereon in a conspicuous manner on the right or off side, in letters not less than one inch in length. See p. 25. Motor cars used for drawing other vehicles are also subject to Art. III. of the Motor Cars (Use and Construction) Order, 1904, post, p. 26.

(0) 52 & 53 Vict. c. 14.

(p) 33 & 34 Vict. c. 78.

All motor cars being carriages within the meaning of the Highways Acts (q), the drivers and owners must conform with those Acts, and are liable for all offences thereunder. In the same way, in the case of all light locomotives used as hackney or stage carriages, those particular Acts will also apply (r).

66

(2) In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators used for the purpose of propulsion, shall not be included" (s).

See sect. 12 of the Motor Car Act, 1903 (see post, p. 78), and the Local Government Board Regulations (post, p. 22).

This refers back to that part of sub-sect. 1 which deals with the weight of the motor car either with or without one vehicle attached to it.

The actual weight of the locomotive, subject to the regulations made by the Local Government Board, increasing the maximum weight, under sect. 12 of the Motor Car Act, 1903, and sect. 6 of the principal Act, 1896, is in no case to exceed the weight fixed by the Act, three tons, or such other weight as may be fixed by the regulations; but it may be infinitely less in weight, as for instance, in the case of a motor cycle. In no case may the locomotive draw more than one vehicle after it, the total weight of the two together being limited to four tons. This proviso is repeated in Art. I. of the Motor Cars (Use and Construction) Order, 1904. The Act does not state anywhere upon whom the onus is cast of showing that the locomotive is within the prescribed limits of weight. Presumably the onus is thrown upon the owner who claims the benefit of the Act, as in the case of a locomotive not consuming its own smoke (t).

Apparently, in reckoning the weight of a vehicle, the dead weight of the actual machine (or of the two machines) alone is to be considered; for, in the first place, by sub-sect. 1, the vehicle is to be weighed unladen; and in the second place, in calculating the weight of a vehicle, the weight of any water, fuel, or accumulators used for the purpose of propulsion, shall not be included (u). With regard to the weight of fuel or water no difficulty should arise; but with regard to the weight of accumulators it is not made quite clear what is to be included in the word "accumulator." Probably it is intended that the actual accumulator, which can and often would be removed, should be excluded from calculation, but that the fittings in the vehicle for

(9) Bicycles, tricycles, velocipedes and similar vehicles, are carriages within these Acts: 51 & 52 Vict. c. 41, s. 85.

(r) See pp. 84 et seq.

(s) Similar words used in Local Government Board Regulations, 1896, Art. I., and in the Motor Cars (Use and Construction) Order, 1904, Art. I. (t) Pitt Rivers v. Glasse, 55 J. P. 663.

(u) Sub-sect. 2.

the purpose of receiving and securing the accumulator, and which are actually part of the vehicle, should be included. In building any such vehicle of a weight so near the limits fixed by the Act as to give rise to a possibility of the question being raised, it would be wise to build it in such a way that the actual accumulator can be easily removed, either for the purpose of weighing, or for the purpose of providing evidence, if the question should be tested in a court of law.

2. During the period between one hour after sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board(x).

The penalty for an infringement of this (or any) section is fixed by sect. 7 as a fine not exceeding 101.

The lamp must be constructed and used so as to conform in every respect with the regulations made by the Local Government Board. Ordinary vehicles, not within this Act, are required to carry certain lights by the Towns Police Clauses Act, 1889, s. 6 (y), the London Hackney Carriages Act, 1853, s. 14(2), and the Metropolitan Public Carriages Act, 1869, s. 9, restriction (3) (a).

The following are the regulations provided by the Motor Cars (Use and Construction) Order, 1904 :

ART. II.—(7.) (i.) The lamp to be carried attached to the motor car in pursuance of sect. 2 of the Act of 1896 shall be so constructed and placed as to exhibit, during the period between one hour after sunset and one hour before sunrise, a white light visible within a reasonable distance in the direction towards which the motor car is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp shall be placed on the extreme right or off side of the

(x) For regulations, see Local Government Board Regulations. Regulations as to bicycles, &c. made by local authorities under the Local Government Act, 1888, are not superseded when the bicycle is a motor cycle by the Regulations of 1904.

(y) 52 & 53 Vict. c. 14. See also power to make bye-laws as to lights under the Local Government Act, 1888, s. 16, and the Municipal Corporations Act, 1882, s. 23.

(2) 16 & 17 Vict. c. 33.

(a) 32 & 33 Vict. c. 115, s. 9, Restriction 3.

motor car in such a position as to be free from all obstruction to the light.

Provided that where a lamp, which exhibits a red light in the direction contrary to that towards which the motor car is proceeding, is carried attached at the back of the motor car, the condition requiring the lamp attached in pursuance of sect. 2 of the Act of 1896 to exhibit a red light shall not apply or have effect with regard to the motor car.

Provided also that the first paragraph of this condition shall not extend to any bicycle, tricycle, or other machine to which sect. 85 of the Local Government Act, 1888, applies.

(ii.) Every lamp carried by the motor car when in use on a highway at any time during the period mentioned in this condition shall be so constructed, fitted, and attached as to prevent the movement or the use as a searchlight of the light exhibited by any such lamp. Bicycles, tricycles, and similar machines are required to carry lights as provided for by the Local Government Act, 1888 (b). Sect. 85, sub-sect. 1, of that Act provides in effect thatBicycles, tricycles, velocipedes, and similar machines are declared to be carriages within the meaning of the Highway Acts, and subject to the following regulations : (a) During the period between one hour after sunset and one hour before sunrise, every person riding or being upon such a carriage shall carry attached to the carriage a lamp, which shall be so constructed and placed as to exhibit a light in the direction in which he is proceeding, and so lighted as to afford adequate means of signalling the approach or position of the carriage.

(b) Use of bells or whistles (c).

Penalty for offences against regulations, forty shillings (not exceeding).

Volunteer cyclists are bound to carry the regular lights and are not exempt by reason of being employed on duty (d).

(b) 51 & 52 Vict. c. 41, s. 85. A constable who sees a person riding a bicycle at night without a proper light has no power to stop him for the purpose of ascertaining his name and address: Hatton v. Treeby, (1897) 2 Q. B. p. 452.

(c) See note to sect. 3, post, p. 12.

(d) A volunteer cyclist on duty was fined at the Marylebone Police Court for not carrying a light on July 31st, 1890. This seems now to be the ordinary practice before magistrates.