For every contravention of this section the offender shall be liable, on summary conviction, to a fine not exceeding five pounds. 22 & 23 Vict. c. 56. ss. 7, 8, 12. Every clerk or toll collector of any public market in Great Britain, at Power to clerks all reasonable times, may weigh or measure all goods sold, offered, or of markets to inspect goods exposed for sale in any such market; and if upon such weighing or sold, &c., and measuring any such goods are found deficient in weight or measure or if weighing otherwise contrary to the provisions of this Act, such clerk or toll collector found deficient shall take the necessary proceedings for recovering any fine, to which the to summon the person selling, offering, or exposing for sale, or causing to be sold, offered, offender. or exposed for sale, such goods, is liable, and the court convicting the offender may award out of the fine to such clerk or toll collector such reasonable remuneration as to the court seems fit. For every offence against or disobedience to this section the offender shall be liable on summary conviction to a fine not exceeding five pounds. CHAPTER 50. An Act to amend the County of Hertford and Liberty of HEREAS by reason of the application to the county of Hert ford of some of the provisions of the Prison Act, 1877, it has 40 & 41 Vict. become necessary to amend the County of Hertford and Liberty of c. 21. St. Alban Act, 1874 (in this Act referred to as the County of 37 & 38 Vict. Hertford Act of 1874), and it is also expedient to amend the same Act in other respects: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say,) c. 45. and construc 1. This Act may be cited as the County of Hertford Act, 1878; Short titles, and the County of Hertford Act of 1874 and this Act may be cited tion. together as the County of Hertford Acts, 1874 and 1878; and the same shall be read together as one Act. 2. The following parts of the County of Hertford Act of 1874 Repeal of are hereby repealed, namely, sections eleven and twelve; the last enactments. paragraph of section fourteen, beginning with the words "Each committee"; the last paragraph of section fifteen, beginning with the words "Each committee"; and section seventeen. commit to St. 3. Every justice of the peace for the county of Hertford shall Power for have power to commit to Her Majesty's prison at St. Albans, or to every justice to any other prison to be appointed by the Secretary of State under the Albans or to Prison Act, 1877, persons charged with offences in whichever division other apcommitted. at which pointed prison. 4. Every justice of the peace for the county of Hertford, on com- Provision as to mitting for trial a person charged with an offence cognisable at quarter sessions quarter sessions, may, by memorandum signed by him on the charges are to warrant of committal, direct that the person committed shall, if be tried. tried at quarter sessions, be tried at the Hertford division quarter sessions, or may by such a memorandum direct that the person committed shall, if tried at quarter sessions, be tried at the Liberty of St. Alban division quarter sessions, as the justice thinks fit, and in that case shall cause the prosecutor and witnesses to be bound over to attend at the same quarter sessions, and the trial shall (subject and without prejudice to section nineteen and the other provisions 37 & 38 Vict. of the County of Hertford Act of 1874) be had there accordingly. c. 45. Subject to the foregoing provision of this section and to any memorandum as aforesaid, where a person is charged with an offence committed in the Hertford division, then in whatever prison he is confined, or if he is held to bail, he shall, if tried at quarter sessions, be (subject and without prejudice to section nineteen and the other 37 & 38 Vict. provisions of the County of Hertford Act of 1874) tried at the Hertford division quarter sessions. c. 45. Subject as aforesaid, where a person is charged with an offence committed in the Liberty of St. Alban division, then in whatever prison he is confined, or if he is held to bail, he shall, if tried at quarter sessions, be (subject and without prejudice to section nineteen 37 & 38 Vict. and the other provisions of the County of Hertford Act of 1874) tried at the St. Alban division quarter sessions. c. 45. County jurors book to be in 5. For the purposes of the County of Hertford Act of 1874 and of this Act one jurors book shall be made for the whole county, but separate parts in two parts, one for each of the two divisions, as if each division was a county of itself. for the two divisions. Saving for pending proceedings, &c. Short title, and commence The jurors whose names appear in that part of the county jurors book which is made for the Hertford division shall ordinarily be summoned to attend at the Hertford division quarter sessions, but may be summoned to attend at the St. Alban division quarter sessions. The jurors whose names appear in that part of the county jurors book which is made for the Liberty of St. Alban division shall ordinarily be summoned to attend at the Liberty of St. Alban division quarter sessions, but may be summoned to attend at the Hertford division quarter sessions. Nothing in this Act shall affect the return or summoning of jurors to serve at assizes or elsewhere than at general or quarter sessions of the peace. 6. Nothing in this Act shall prejudicially affect any committal, trial, appeal, traverse, or other magisterial or judicial proceeding, or other business or proceeding pending at the passing of this Act; and every such committal, trial, appeal, traverse, proceeding, and business as aforesaid shall be acted on, prosecuted, transacted, and proceeded with in like manner as nearly as may be in all respects as if the same had been done or had originated after the passing of this Act. CHAPTER 51. An Act to alter and amend the Law in regard to the 1. This Act may be cited for all purposes as the Roads and ment of Act. Bridges (Scotland) Act, 1878, and, except in so far as otherwise expressly provided, it shall commence and take effect in each county (including the burghs wholly or partly within the same) from the date of its adoption therein, as herein-after provided for. 2. This Act shall apply to Scotland only, except in so far as Extent of Act. otherwise expressly provided. 3. In this Act the following words and expressions shall have Interpretation. the meanings hereby assigned to them respectively, unless there be something in the subject or context repugnant to such construction: "The Secretary of State" shall mean one of Her Majesty's Principal Secretaries of State: "Sheriff" shall include sheriff-substitute: "The trustees" shall mean the county road trustees appointed and acting under this Act: "The board" shall mean the county road board appointed and acting under this Act: "The district committee" shall mean the district road committee appointed and acting in any district under this Act: "Clerk," "treasurer," "collector," and "surveyor," shall respectively mean the county road clerk, the county road treasurer, the county road collector, and the county road surveyor, appointed and acting for the time being under this Act: "County" shall mean (except where otherwise expressly provided) the county exclusive of any burgh wholly or partly situate therein, and shall not include a county of a city : "Burgh" shall mean and include royal burgh, parliamentary burgh, or any populous place the boundaries whereof have been fixed and ascertained under the provisions of the General Police and Improvement (Scotland) Act, 1862, or of the Act 25 & 26 Vict. first therein recited, or have been determined by or under c. 101. any local Act, provided that the population of such populous place, as the same may be ascertained as nearly as possible in the manner described in the seventh clause of the General Police and Improvement (Scotland) Act, 1862, within three 25 & 26 Vict. months after this Act commencing to have effect therein, c. 101. exceeds five thousand: Police burgh" shall mean every such populous place, the popu- "Burgh local authority" or "local authority of any burgh" shall "Turnpike road" shall include all roads and bridges forming part "Statute labour" shall include moneys raised as the conversion 25 & 26 Vict. c. 105. 17 & 18 Vict. c. 91. Highway" shall mean and include all existing turnpike roads, all existing statute labour roads, all roads maintained under the provisions of the Highland Roads and Bridges Act, 1862, and all bridges forming part of any highway, and all other roads when declared to be highways under the provisions of this Act, all public streets and roads within any burgh or police burgh not at the commencement of this Act vested in the local authority thereof, but shall not include any street or road so vested, or any street or road or bridge which any person is at the commencement of this Act bound to maintain at his own expense: "Bridge" shall include the accesses thereof, but shall not include any bridge which any person is, at the commencement of this Act, bound to maintain at his own expense: "Tolls" shall include pontages; and also any sum payable in "Person" shall include corporation, incorporated company, com- "Debt Commissioner" shall mean a Debt Commissioner appointed "Local newspaper" shall mean any newspaper circulating in the county or burgh as the case may be : Where in this Act notice is required to be given by "special advertisement," such notice shall be published once in at least two local newspapers. Continuance of existing Local Acts. tinue to 1st 4. All Local Acts now in force for regulating, managing, Existing Local making, maintaining, or repairing any turnpike road or statute Acts to conlabour road, or other highway situated or partly situated in any June 1883. county (including the burghs wholly or partly within the same) in which tolls and statute labour, or either thereof, have not been abolished, shall continue in force until the first day of June one thousand eight hundred and eighty-three, and no longer, unless in the meantime this Act shall be adopted, or tolls and statute labour shall be legally abolished, in such county. From and after the time at which any such Act or Acts shall cease to be in force in any county (including as aforesaid), this Act shall, unless Parliament otherwise provides, commence to have effect therein. Where any Act relates to a turnpike road which is situated in more than one county, notwithstanding that such Act has ceased, in terms of this Act, to be in force in one county in which such road is situated, it may nevertheless continue to be in force in the other county or counties in which such road is situated. For the purposes of this Act the Highland Roads and Bridges 25 & 26 Vict. Act, 1862, shall be deemed and taken to be a Local Act, except in c. 105. so far as it relates to piers and quays. Provided always, that nothing contained in this Act shall have the effect of continuing in force the provisions of the Act passed in the ninth and tenth years of the reign of Her present Majesty, 9 & 10 Vict. intituled "An Act for repairing certain roads in the counties of c. ccxxvii. "Banff, Aberdeen, and Elgin," after the end of the next session of Parliament. 5. Where any Local Act in force in a county in which tolls and Certain Local statute labour have been abolished or are not exigible is limited Acts continued as to its endurance, such Act shall continue in force until this Act till adoption of shall be adopted in such county. Adoption of the Act. 6. The following provisions shall have effect with regard to the adoption of this Act: Act. How Act may be adopted in counties. (1.) Case of (1.) In those counties in which tolls and statute labour have been abolished, or are not exigible, or power has been obtained counties which to abolish them, or to arrange for their abolition, this Act have obtained may be adopted in place of the Local Act or Acts relating Private Acts. to roads, highways, and bridges therein in force in such county, on a resolution to that effect agreed to by not less than two-thirds of the trustees under such Act or Acts present and voting at a meeting of the whole trustees of the county called by special advertisement on not less than thirty days notice, for the purpose of considering as to the adoption hereof; and the convener of any such county as aforesaid, on a requisition to that effect, signed by any six of the said trustees, being presented to him, shall call a meeting of the said trustees, with a view to consider a resolution in favour of the adoption of this Act, and in the event of such resolution not being carried |