the timber, &c., and to dispose thereof, and to apply the proceeds towards the repair of the highways within the parish, but if not of sufficient value to defray the expenses of removal, the person who laid or deposited the soil, &c., shall repay the surveyor such expense, which shall be levied as other forfeitures.

The 27 & 28 Vict. c. 101, s. 25 (Cattle straying).-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 or lying about any highway, or across any part thereof, or by the side thereof (except in such parts of any highway as pass over any common or waste, or unenclosed ground), the owner or owners thereof shall, for every animal so found straying or lying, be liable to a penalty not exceeding 5s., to be recovered in a summary manner, together with the reasonable expense of removing such animal from the highway where it is found to the field or stable of the owner or owners, or to the common pound, if any, of the parish where the same shall be found, or to such other place as may have been provided for the purpose. Provided always that no owner of any such animal shall in any case pay more than the sum of 30s., to be recovered as aforesaid, over and above such reasonable expenses as aforesaid, including the usual fees and charges of the authorized keeper of the pound. Provided also that nothing in this Act shall be deemed to extend to take away any right of pasturage which may exist on the sides of any highway. [The above section is substituted for section 74 of the Highway Act.] As to right of pasture, see 32 J. P. 498; Coverdale v. Charlton, L. R. 4 Q. B. D. 104; 48 L. J. Q. B. 128; 43 J. P. 268; and Leigh v. Jack, 44 J. P. 488.

Section 75 of 5 & 6 Will 4, c. 50, relates to Pound breach.

Sections 76 and 77 (Carts and drivers).—The owners true name, with trade or abode, must be painted on the off side of

waggon, cart, or other such carriage, or the off side shafts

section 76 of 5 & 6 Will. 4,

When one person acts as

thereof, in manner detailed in c. 50, under a penalty of 40s. driver of two carts the horse in hinder cart shall be attached by a rein (not more than four feet long) to foremost cart, and if not so attached, penalty 20s.

Section 78 (Offences by drivers).-If the driver of any waggon, cart, or other carriage of any kind shall ride upon such carriage, or upon any horse or horses drawing the same on any highway, not having some other person on foot or on horseback to guide the same (such carriages and carts as are driven with reins, and are conducted by some person holding the reins of all the horses drawing the same, excepted), or if the driver of any carriage whatsoever, on any part of a highway, shall, by negligence or wilful misbehaviour, cause any hurt or damage to any person, horse, cattle, or goods conveyed in any carriage passing or being upon such highway, or shall quit the same and go on the other side of the hedge or fence enclosing the same, or shall negligently or wilfully be at such distance from such carriage, or in such a situation whilst it shall be passing upon such highway that he cannot have the direction and government of the horses or cattle drawing the same, or shall leave any cart or carriage on such highway so as to obstruct the passage thereof, or if any person shall drive or act as the driver of any waggon, cart, or other such carriage, not having the true owner's name as thereby required, and shall refuse to tell or discover the true Christian name and surname of the owner or principal owners of such carriage, or if the driver of any waggon, cart, or other carriage whatsoever, or of any horses, mules, or other beasts of draught or burthen, meeting any other waggon, cart, or other carriage whatsoever, or horses, mules, or other beasts of burthen, shall not keep his waggon, cart, or carriage, or horses, mules, or other beasts of burthen, on the left or near side of the road, or if any person shall in any manner

wilfully prevent any other person from passing him, or any waggon, cart, or other carriage or horses, mules, or other beasts of burden under his care, upon such highway, or by negligence or misbehaviour prevent, hinder, or interrupt the free passage of any person, waggon, cart, or other carriage, or horses, mules, or other beasts of burthen, on any highway, or shall not keep his waggon, cart, or other carriage, or horses, mules, or other beasts of burthen, on the left or near side of the road, for the purpose of allowing such passage, or if any person riding any horse or beast, or driving any sort of carriage, shall ride or drive the same furiously, so as to endanger the life or limb of any passenger. Penalty, 5l., if driver be not owner, or 10l. if he be owner, and in default imprisonment for six weeks.

Bye-laws.-The justices of a county in general or quarter sessions assembled may make bye-laws with respect to main roads (a) or highways, within any highway area in their county, for prohibiting or regulating the use of waggons, &c., drawn by animal power, having wheels of which the fellies or tires are not of such width as may be thereby specified.

The use of any waggon, &c., not having the nails on its wheels countersunk, or having on its wheels bars or other projections forbidden by such bye-laws.

The locking of the wheels of any waggon, &c., when descending a hill, unless there is placed at the bottom of the 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.

The erection of gates across highways, and prohibiting gates opening outwards on highways.

And for regulating the use of bicycles on highways.

(a) By 41 & 42 Vict. c. 77, s. 13, disturnpiked roads are to be main roads, and one half of the expenses of maintenance is to be contributed out of the county rates.

In most districts bicycles are obliged, between sunset and sunrise, to carry a light. Where the law is infringed, the name and address of the rider should be obtained, and he should be summoned. Penalties not exceeding 40s., recoverable summarily under Summary Jurisdiction Act (41 & 42 Vict. c. 77, ss. 26 and 36).

Highway districts.-County justices may form highway districts to be under the management of a highway board consisting of elective waywardens and of justices acting for the county and residing in the district, or qualified as prescribed by the 29th section of the Act of 1864.

LOCOMOTIVES.

(24 & 25 Vict. c. 70; 28 & 29 Vict. c. 83; 41 & 42 Vict. c. 77; 42 & 43 Vict. c. 67; and 46 & 47 Vict. c. 40.)

Locomotives can only be used on highways subject to certain rules for working, and certain restrictions as to speed, consumption of smoke, &c.

Rules for working.-Three persons at least must be in charge of the locomotive, one to precede locomotive on foot by not less than twenty yards, and warn riders and drivers of horses of approach of locomotive. The whistle is not to be sounded, nor steam blown off while on the road.

Locomotives can be stopped by any person in charge of a horse or carriage, and at night must carry two conspicuous lights, one on each side of the front of the locomotive.

By 41 & 42 Vict. c. 77, s. 31, bye-laws may be made by local authorities regulating the hours at which locomotives may pass over roads, and as to their passage over bridges.

Weight. For restrictions as to weight and width, construction of wheels, &c., see 41 & 42 Vict. c. 77, s. 28; also 24 & 25 Vict. c. 70, s. 4, as to weight to be carried.

Speed.-Subject to bye-laws of local authority, must not be more than four miles an hour along a turnpike road or highway, or than two miles an hour through town or village. Smoke.-Locomotives must consume their own smoke.

Homicide.

Homicide is the killing of a human being by the act of another human being. Death must take place within a year and a day from the time the injury was inflicted, otherwise the law presumes that the injury was not the cause of death, and it cannot be deemed homicide.

There are three kinds of homicide- (1) justifiable (2), excusable, and (3) felonious.

(1) Justifiable homicide is occasioned in the due execution, or for the advancement of justice, or for the prevention of any forcible or atrocious crime, in every case of which there must be an apparent necessity.

(2) Excusable homicide is occasioned either by misadventure or accident, or upon a sudden affray in self-defence.

Necessity. The doctrine that homicide is excusable by reason of necessity was fully discussed in R. v. Dudley, 49 J. P. 69 (the "Mignonette" case). Three seamen and a cabin boy being shipwrecked, and having escaped in an open boat, were 18 days exposed, for seven of these days they had been without food. The men killed the boy and fed upon his body, and were eventually rescued. It was held they were guilty of murder, as the killing was not in self-defence, nor justifiable on any ground of necessity.

[Culpable negligence.-Any person upon whom the law imposes a duty, or who has by any act taken upon himself any duty tending to the preservation of life, is, if he neglects to perform that duty by want of attention and caution, and

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