Sect. 2. Special meeting of trustees may be called to consider the laying down tramways. manent, formed of iron, stone, or other material, and laid down level with the surface on any turnpike or statute labour road (b) under the provisions of this Act. (a) Now the county councils and burgh local authorities. See note (s) to sect. 43 of Tramways Act, 1870. (b) All turnpike tolls and statute labour and payment in lieu thereof were abolished by Roads and Bridges (Scotland) Act, 1878 (41 & 42 Vict. c. 51), s. 33, and all turnpike roads became highways, and all highways became open, with certain immaterial exceptions, by the same section. With respect to the formation of tramways (c) on turnpike roads (d): 3. Any two trustees (e) may, by a requisition under their hands, require the clerk (e) to call a special meeting of the trustees for any day and hour specified in such expediency of requisition, not being earlier than twenty-one days after the date thereof, for the purpose of considering the expediency of forming tramways on the roads under their management, or any part thereof; and within three days after the receipt of such requisition the clerk shall call such special meeting, to be held at the time specified therein, and at the place where the meetings of the trustees are usually held; and notice of such meeting, and of the special purpose thereof, shall be given by advertisement inserted once in each of two successive weeks in a newspaper published in the county in which such roads are situated, or if there be no newspaper published therein, in a newspaper published in an adjoining county. Trustees may remit to their surveyor or (c) Defined in sect. 2. (d) See note (b) to sect. 2. 4. If the trustees (f) present at such special meeting shall resolve that it is expedient to form tramways (g) to an engineer on the roads under their management, or any part to prepare thereof (h), they may remit to their surveyor, or Sect. 4. to any engineer to be named by them, to prepare plans of tramways and plans of the proposed tramways, showing the extent estimate of thereof, and the mode in which the same are to be expense. formed, and the portions of the roads to be occupied thereby, with an estimate of the expense of such tramways; and such plans and estimate of expense shall be lodged with the clerk (f), for the inspection of the trustees, at least one month previous to the general or special meeting before which the same are to be laid. (f) See note (a) to sect. 2. (g) Defined in sect. 2. (h) See note (b) to sect. 2. estimate to be special meet trustees. 5. The plans and estimate of expense prepared by Plans and such surveyor or engineer shall be laid before any laid before general meeting of the trustees (i) convened under the general or provisions of the General Turnpike Road Act for ing of Scotland, first and second William the Fourth, chapter forty-three (k), or of any local Act (1) under which the trustees are appointed and acting, or before a special meeting of the trustees to be called in the manner provided by the said General Turnpike Road Act; and the trustees present at such general or special meeting may approve or disapprove of such plans and estimate of expense, or may direct such alterations to be made thereon as they may deem necessary, and may resolve to proceed or not to proceed with the formation of the tramways (m) as they may think fit. (i) See note (a) to sect. 2. (k) Repealed by S. L. R. (No. 2) Act, 1890 (53 & 54 Vict. c. 51). Certain sections, however, of the Act, which are here immaterial, were incorporated with Roads and Bridges (Scotland) Act, 1878 (41 & 42 Vict. c. 51), by sect. 123 and Sched. C. of that Act. (1) All local road Acts have now ceased to have effect by virtue of sects. 4 and 5 of Roads and Bridges (Scotland) Act, 1878, and Local Government (Scotland) Act, 1889 (52 & 53 Vict. c. 50), s. 16. (m) Defined in sect. 2. Sect. 6. Tramways may be laid down accord ing to plans. Tramways to form part of roads. Expense of forming and tramways, 6. On such plans and estimate being finally ap proved by the trustees (n) at any general or special meeting, as the case may be, it shall be lawful for the trustees to form and lay down the tramways (0) in the manner described on such plans, and on the roads included therein, or on the sides of such roads. (n) See note (a) to sect. 2. (0) Defined in sect. 2. 7. The tramways (p) shall be laid down on the surface of the roads or on the sides thereof, and shall form part of the roads, and, subject to the provisions of this Act, all the enactments of the said General Turnpike Road Act (7), and of any local Act (r) relating to the road on which the tramways are laid down, shall be applicable to the tramways, in the same manner and to the same effect as such enactments are applicable to such roads (s). (p) Defined in sect. 2. (9) Now repealed; see note (k) to sect. 5. (r) See note (7) to sect. 5. (s) Presumably the Acts at present applicable to highways would now apply to the tramways. 8. The expense of forming and laying down the maintaining tramways (t), and incidental thereto, shall be defrayed out of the tolls and revenues (u) of the roads under the management of the trustees (a), or out of money to be borrowed on the credit of such tolls and revenues; and it shall be lawful for the trustees to borrow how to be defrayed. money for the purpose of defraying such and expense, to grant assignations of such tolls and revenues in security of the payment of the money so to be bor rowed, in the manner provided by the said General Turnpike Road Act (xx), any provision or restriction with respect to the power of borrowing money con tained in any local Act (xx) relating to such roads to the contrary notwithstanding; and the maintaining, managing, and repairing the tramways expense of shall be defrayed by the trustees out of the tolls and revenues of such roads: Provided (y) that it shall not be lawful for the trustees to apply any part of such tolls and revenues in defraying the expense of forming the tramways, or to borrow money for that purpose on the security of such tolls and revenues, without the consent in writing of the persons entitled to two-thirds of the money borrowed, and remaining due on the credit of such tolls and revenues. (t) Defined in sect. 2. (u) For what now represents these, see note (cc) to Sched. A. of Tramways Act, 1870. (x) See note (a) to sect. 2. (xx) See notes (k) and (2) to sect. 5. (y) For the result of this proviso, see the note at the beginning of this Act. 9, 10. [Repealed by S. L. R. Act, 1892 (55 & 56 Vict. c. 19).] 11. The trustees (2) may make such regulations for and with respect to the use of the tramways (a) as they think fit; and such regulations shall be published by printed copies thereof being affixed on boards to be set up at each end of the tramways, or at the tollgates (b) nearest thereto; and every person who commits any breach or contravention of such regulations shall be liable to a penalty not exceeding five pounds for each offence; and such penalties may be sued for, imposed, and recovered in the manner provided by the said General Turnpike Road Act (c). (z) See note (a) to sect. 2. (a) Defined in sect. 2. (b) Now non-existent. (c) Now repealed; see note (k) to sect. 5. With respect to the formation of tramways (d) on statute-labour roads (e) : may be 12. In the event of any application being made to Tramways the trustees (f) of any statute-labour road by any formed on person or company desiring to form tramways on labour roads. statute Sect. 12. such road, the trustees may, at any general or special meeting convened under the provisions of the General Statute-Labour Road Act for Scotland, eighth and ninth Victoria, chapter forty-one (g), or of any local Act (h) under which the trustees are appointed and acting, authorise such person or company to form the tramways; and on such authority being granted, it shall be lawful for such person or com pany, at his or their own expense, to form and lay down the tramways to such extent, in such manner, and on such terms as shall be agreed upon and approved by the trustees or their surveyor. Tramways to form part of roads. (d) Defined in sect. 2. (e) See note (b) to sect. 2. (g) Repealed by S. L. R. Act, 1891 (54 & 55 Vict. c. 67). 13. The tramways (i) shall be laid down on the surface of the roads or on the sides thereof, and shall form part of the roads, and may be used by all carts, waggons, and carriages passing over the roads; and, subject to the provisions of this Act, all the enactments of the said General Statute-Labour Road Act (k), and of any local Act (1) relating to the roads on which the tramways are laid down, shall be applicable to the tramways, in the same manner and to the same effect as such enactments are applicable to such roads (m); and the expense of maintaining, managing, and repairing the tramways shall be defrayed by the trustees (n) out of the funds and revenues (o) under their management, or by the person or company by whom the same were laid down, or jointly by the trustees, and such person or company, as may be agreed upon. (i) Defined in sect. 2. (k) Repealed by S. L. R. Act, 1891 (54 & 55 Vict. c. 67). |