41 & 42 Vict., Cap. 42. Redemption of tithe on land required for public purposes. TITHE ACT, 1878. 41 & 42 Vict., Cap. 42. An Act to amend and further extend the Acts for the Commutation of Tithes in England and Wales. (a) [8th August 1878.] [Preamble repealed by Statute Law Revision Act, 1894.] 1. In all cases where land charged with rentcharge in lieu of tithes is taken for any of the following purposes; that is to say, *** The *** construction of *** *** any gas or water the person or persons proposing to carry out the abovementioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners to order the redemption of the rentcharge for a sum of money equal to twenty-five times the amount thereof; and the redemption money, with the expenses incident to the redemption, shall be paid to the said Commissioners within a time to be fixed by such order, or within any enlarged time the Commissioners may appoint, and the Commissioners shall apply such redemption money in the manner provided by the said Acts. [2. Application for redemption.] [3. Redemption of tithe not exceeding twenty shillings.] [4. Redemption of tithe exceeding twenty shillings.] [5. Redemption of tithe on divided lands.] [6. Application of existing powers to this Act.] [7. Exchange of annual payment for lands or tithe rentcharge.] (a) Short Title, "The Tithe Act, 1878." See Short Titles Act, 1896, s. 1. 41 & 42 Vict., Cap. 49. An Act to consolidate the Law relating to Weights and Measures. [Introductory words.] [8th August 1878.] 1. This Act may be cited as the Weights and Short title. Measures Act, 1878. duties of Trade as to standards of weights and measures, &c. Board of 33. The Board of Trade shall have all such powers Powers and and perform all such duties relative to standards of measure and weight, and to weights and measures, as are by any Act or otherwise vested in or imposed on the Treasury, or the Comptroller-General of the Exchequer, or the Warden of the Standards; and all things done by the Board of Trade, or any of their officers, or at their office, in relation to standards of weights and measures in pursuance of this Act shall be as valid, and have the like effect and consequences, as if the same had been done by the Treasury, or by the Comptroller-General or other officer of the Exchequer, or by the Warden of the Standards, or at the office of the Exchequer. It shall be the duty of the Board of Trade to conduct all such comparisons, verifications, and other operations with reference to standards of measure and weight, in aid of scientific researches or otherwise, as the Board of Trade from time to time thinks expedient, and to make from time to time a report to Parliament on their proceedings and business under this Act. *** 66. (a) Nothing in this Act shall affect the validity of the models of gas holders verified and deposited in the standards department of the Board of Trade in pursuance of the Act of the session of the twenty-second and twentythird years of the reign of Her present Majesty, chapter sixty-six, intituled "An Act for regulating measures used in (a) For application of this section to standards used by local authorities in testing meters under Sale of Gas Act, 1859, see Weights and Measures Act, 1889, s. 15, p. 364. Saving as to models of gas holders under 22 & 23 Vict. c. 66. (a) 41 & 42 Vict., Cap. 52. sales of gas," and of the Acts amending the same, and the provisions of this Act with respect to Board of Trade standards shall apply to such models; and the provisions of this Act with respect to defining the amount of error to be tolerated in local standards when verified or re-verified, shall apply to defining the amount of error to be tolerated in such copies of the said models of gas holders as are provided by any justices council commissioners or other local authority in pursuance of the said Acts. Short title. PUBLIC HEALTH (IRELAND) 41 & 42 Vict., Cap. 52. An Act to consolidate and [Introductory words.] 1. This Act may be cited for all purposes as the Public Health (Ireland) Act, 1878. [For provisions of this Act corresponding to those of the Public Health Act, 1875, included in this volume, see under that Act, Pp. 262-275.] 41 & 42 Vict., Cap. 58. LOCOMOTIVES AMENDMENT (SCOTLAND) ACT, 1878. 41 & 42 Vict., Cap. 58. An Act for further regulating the use of Locomotives on Highways in Scotland. (a) [Introductory words ] [16th August 1878.] 1. This Act may be cited as the Locomotives Amend- Short title. ment (Scotland) Act, 1878. and duration 2. This Act shall apply to Scotland only, and shall Application remain in force so long only as the Locomotive Act, 1865 (b), continues in force. (c) 3. *** (d) It shall not be lawful to use on any 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 hereinafter provided; and (a) For exemption of certain light locomotives from application of this Act, see Locomotives on Highways Act, 1896, s. 1, p. 446. (b) The Locomotives Act, 1865. See s. 13 thereof, p. 179. (c) For continuance of Locomotives Act, 1865, in force till 31st December, 1902, see note (b), p. 178. (d) Words omitted repealed by Statute Law Revision Act, 1894, S. I. As to non-revival of enactments repealed by such words, see Interpretation Act, 1889, ss. 11 (1), p. 369, and 38 (2) (a), p. 376. of Act. Weight of c. 70. 41 & 42 Vict., Cap. 58. Recovery and 27 & 28 Vict. c. 53. 38 & 39 Vict. C. 62. (4.) 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. (a) (5.) The exact and true weight of a locomotive, including necessary water and coals, shall be legibly written in letters of not less than one inch in length, and affixed to some conspicuous part of the locomotive. The owner of any locomotive used contrary to the foregoing provisions shall for every such offence be liable to a fine not exceeding five pounds: Provided that the road authority of any county or burgh may, on the application of the owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorise such locomotive to be used on any highway within the areas respectively above mentioned, or part of any such highway, under such conditions (if any) as to them may appear desirable: Provided also, that sub-section (2.) of this section shall not apply to any engines in use at the time of the passing of this Act, the owner of which notifies in writing, within six calendar months of the passing of this Act, to the road authority of the county or burgh in which such engine is in use that it was in use at that time. * * * 8. All penalties under this Act may be recovered, together with the expenses of process, at the instance of the procurator fiscal, or of the clerk of the road authority, as the case may be, upon the testimony of one or more credible witnesses, before the sheriff or any justice of the peace of the county or magistrate of the burgh, as the case may be, in which the same shall have been incurred, under the provisions of the Summary Procedure Act, 1864; and all the jurisdictions, powers. and authorities necessary for this purpose are hereby conferred on sheriffs and justices of the peace, and magistrates of burghs, and their decision shall be final, save only that the provisions of the Summary Prosecution Appeals (Scotland) Act, 1875, shall apply to the same. Every prosecution shall be begun within six calendar months after the penalty shall have been incurred and not afterwards. (a) The requirements of sub-section (4) may be from time to time varied by order of the Secretary for Scotland. See Locomotives on Highways Act, 1896, ss. 9, 10, p. 447. |