Locomotives Act 1898

12Amendments as to proceedings for extraordinary traffic damage.

(1)Section twenty-three of the High-ways and Locomotives (Amendment) Act, 1878 (which relates to the recovery of expenses of extraordinary traffic), shall be amended as follows :—

(a)Expenses under that section shall cease to be recoverable in a summary manner, but may be recovered if not exceeding two hundred and fifty pounds in the County Court, and if exceeding that sum in the High Court.

(b)Proceedings for the recovery of any expenses incurred after the passing of this Act shall be commenced within twelve months of the time at which the damage has been done, or where the damage is the consequence of any particular building contract, or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work.

(c)There shall be substituted for the words " by whose order " the words " by or in consequence of whose order."

(2)Nothing in this section shall affect the prosecution and determination of any proceedings which have been commenced before this Act shall come into operation.