(m) Presumably the Acts now applicable to highways would now Sect. 13. apply to the tramways. (n) See note (a) to sect. 2. (0) See note (cc) to Sched. A. of Tramways Act, 1870. make regu use of tram 14. The trustees (p) may make such regulations for Trustees may and with respect to the use of the tramways (q) as they lations for think fit; and before taking effect such regulations shall be published by printed copies thereof being affixed on boards to be set up at each end of the tramways; 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 Statute-Labour Road Act (r). (p) See note (a) to sect. 2. (9) Defined in sect. 2. (r) Repealed by S. L. R. Act, 1891 (54 & 55 Vict. c. 67). may be 15. It shall be lawful for the person or company by Tramways whom the tramways (s) on any statute-labour road (t) removed. were laid down, or his or their heirs or successors, and they are hereby required to take up and remove the same at such time as shall have been agreed on with the trustees (u): Provided that on the tramways being so removed, the road on which the same were laid down shall, to the satisfaction of the trustees or their surveyor, be restored by such person or company, or his or their heirs or successors, at his or their own expense, to the same state and condition, as nearly as may be, in which such road was at the time of laying down the tramways. (s) Defined in sect. 2. (u) See note (a) to sect. 2. 16. Nothing in this Act contained shall authorise Tramways the trustees (a) to form or lay down tramways (7) laid down in not to be Sect. 16. within the municipal or Parliamentary boundaries of any royal or Parliamentary burgh, without the consent in writing of the Magistrates and Council (2) of such burgh first had and obtained. burghs without consent. Tramways to be kept in constant good order, and trustees may acquire right to them when proposed to be removed. (x) See note (a) to sect. 2. (y) Defined in sect. 2. (z) Now the town council, called by the corporate name of "the provost, magistrates and councillors" of the borough (Town Councils (Scotland) Act, 1900 (63 & 64 Vict. c. 49), s. 5). 17. The person or company by whom the tramways (a) on any statute-labour road (b) shall have been laid down, and their heirs and successors, shall maintain such tramways, while unremoved, in constant good order for traffic at the sight and to the satisfaction of the surveyor; and when they shall propose to remove the same as aforesaid, the trustees (c) shall be entitled to acquire all right therein belonging to such person or company, or their heirs and successors, on payment to them of such sum as the same may be valued at by valuators agreed on by the trustees and such person or company, or their heirs and successors, or, failing such agreement, by any valuator or valuators appointed by the sheriff of the county (d) on the application of either party. (a) Defined in sect. 2. (b) See note (b) to sect. 2. (d) Includes stewartry (Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 7). THE MILITARY TRAMWAYS ACT, 1887. (50 & 51 Vict. c. 65.) An Act to facilitate the construction of Tramways by Her Majesty's principal Secretary of State for the War Department, and for other purposes connected therewith. [16th September, 1887.] BE it 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: 1. This Act may be cited as the Military Tram- Short title. ways Act, 1887. 2. This Act shall not extend to Ireland. Extent of Act. Secretary of obtain Orders. 3. The Board of Trade may on the application of Power to one of Her Majesty's Principal Secretaries of State (in State to this Act referred to as the Secretary of State) make Provisional and settle Provisional Orders (to be confirmed in manner provided by this Act) authorising the construction and maintenance by the Secretary of State of tramways on any land belonging to him or to be acquired by him for such purpose, or along or across any road, and authorising the working and using by him of such tramways. Up to the present time the following Provisional Orders have been made and confirmed under this Act : :- Lydd Military Tramways Order, 1890, published in the London Gazette, May 27, 1890 (p. 3028), confirmed by Order in Council, Nov. 24, 1891. Sect. 3. Provisions for protection for local and road autho Shoeburyness Military Tramways Order, 1893, published in the London Gazette, April 25, 1893 (p. 2430). Shoeburyness Military Tramways Order, 1893, Amendment Order, 1896, published in the London Gazette, March 27, 1896 (p. 1966), confirmed by Order in Council, Aug. 1, 1896 (Stat. R. & 0. 1896, No. 670). Chatham Military Tramways Order, 1901, published in the London Gazette, Jan. 7, 1902 (p. 158), confirmed by Order in Council, June 11, 1902 (Stat. R. & O. 1902, No. 469). 4. So far as regards the construction and maintenance of the tramways authorised by any Provisional rities, and of Order along or across any road, the Board of Trade shall insert in such Provisional Order either the public. 33 & 34 Vict. c. 78. (a.) The following provisions of the Tramways Act, 1870; that is to say, Sections twenty-six to twenty-nine, both inclusive (relating to the breaking up, reinstatement, and repair of roads); Sections thirty and thirty-one (relating to the protection of gas and water companies, and sewers); Section thirty-two (relating to the rights of authorities and companies to open roads); and Section thirty-three (relating to any difference between the promoters and any authority or company being referred to the Board of Trade); subject to any modification which to the Board of Trade may seem necessary or proper (b), or (b.) Such other provisions with respect to the matters referred to in such sections as to the Board of Trade may seem necessary or proper. As regards all of the tramways authorised by such Provisional Order, the Board of Trade shall insert therein such sections of the Tramways Act, 1870, with or without any modifications, and such other provisions as to them may seem necessary or proper for the pro tection of the local and road authorities, and of the public, and of any persons whose interests might be affected by the construction or user of such tramways, as well as for giving suitable powers to the Secretary of State and to persons acting under his direction (c). (b) The Orders made hitherto have incorporated these sections of Tramways Act, 1870, so far as the tramways are laid on or across any road, with the important difference that they do not incorporate so much of sects. 27 and 30 as relates to penalties, or so much of sect. 28 as authorises the road authority, in the event of the promoters failing to comply therewith, to do the work themselves. at the promoters' expense. In lieu of the last-mentioned provision they provide that the road authority (defined, as well as local authority, in Tramways Act, 1870, s. 3), or twenty inhabitant ratepayers of the district, may complain of the Secretary of State's default to the Board of Trade, who may direct an inquiry, and if they thereafter certify that there has been a default, the Secretary of State shall make it good. (c) The Orders also contain provisions for the approval of the rails, number of rails and gauge by the Board of Trade, for the proper construction and maintenance of the track, and for the access of local authorities to sewers and drains. There are also provisions corresponding to sects. 57 and 60 of Tramways Act, 1870, limiting the rights of the Secretary of State. to mere user of roads, and preserving the rights of road authorities. to widen, divert, &c.; and sects. 61 and 62, as to the regulation of traffic and the rights of the public, are applied. In all these respects they resemble Light Railway Orders of Class B. Sect. 4. Order may authorise land. 5. Any Provisional Order may authorise the Secre- Provisional tary of State, with the approval of the Commissioners authorise of Her Majesty's Treasury, to acquire any lands acquisition of specified in such Provisional Order which may be required for the purpose of the tramways authorised by the same, and for such purposes the provisions of the Lands Clauses Acts may be incorporated with such Provisional Order, subject to such modifications as to the Board of Trade may seem expedient (d). (d) Contrast this section with Tramways Act, 1870, s. 15, which forbids the incorporation with a Provisional Order of the provisions of the Lands Clauses Acts as to compulsory purchase. S. |