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ferent for different local authorities. The very special terms of Sect. 11. Middleton Order, 1899, have been referred to above.

Payment of purchase-money.-Morley and District Order, 1901, Rep. VII. 30, extends the period for repayment provided in Tramways Act, 1870, s. 20, to 40 years.

Lease of railways. See model clause, post, p. 627. By Mitcham Order, 1901, Rep. IX. 16, the promoters are to give the county council three months' notice of their intention to let.

(1) Under this head come the various clauses which are inserted for the protection of local authorities, companies and individuals (see below and the model Orders, post, pp. 555, 561 sqq., 603 sqq.), and the incorporation from time to time of statutes which are not enumerated in the Act. Among the latter may be mentioned Harbours, Docks and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), the bulk of which is applied by West Highland Railway (Loch Fyne) Order, 1898, Rep. II. 28, which also contains a schedule of pier dues.

Special powers, which have been conferred by Orders under this section, include power to construct a road on lands acquired for the purpose (Goole and Marshland Order, 1899, Rep. II. 6), and to acquire an existing private tramway (West Manchester Order, 1899, Rep. II. 19). But the Commissioners have held that they could not authorise the sale and transfer of a line which had obtained Parliamentary sanction. (Portmadoc, Beddgelert and Snowdon case (1898), Rep. IV. 31.) Some rather remarkable provisions authorising a local authority to expend capital on adapting a bridge to the purposes of the light railway, and to take tolls thereon till the money borrowed for the purpose was repaid, will be found in North Holderness Order, 1891, Rep. II. 12.

Clauses providing for payment by the National Telephone Company of a reasonable sum for wayleaves will be found in Llandudno and Colwyn Bay Order, 1899, Rep. II. 20; Glasgow and South Western Railway (Maidens and Dunure) Order, 1899, Rep. IV. 33; Penzance, Newlyn and West Cornwall Order, 1899, Rep. V. 36; and Blackpool and Garstang Order, 1901, Rep. VII. 3.

The Commissioners and the Board of Trade will not insert clauses, which have been agreed between promoters and objectors, merely because of such agreement, if such clauses are not consonant with their own ordinary practice. (Dundee and Broughty Ferry case (1898), Rep. IV. 32; Oxley, 176; Worcester and District case (1900), Rep. VI. 38; Oxley, 240.)

But Colne and Trawden Order, 1901, Rep. V. 31, recites an agreement whereby an opposing scheme was withdrawn.

See also note (d) to sect. 1 as to matters which have been held to be outside the jurisdiction of the Commissioners and the Board of Trade.

Sect. 11.

Application
of general
Railway
Acts.

5 & 6 Vict. c. 79.

Protective clauses, various.--For an aqueduct, Cleobury Mortimer and Ditton Priors Order, 1901, Rep. VIII. 4; a reservoir, Nidd Valley Order, 1901, Rep. VIII. 14; a water company, County of Middlesex Order, 1901, Rep. VI. 11, VII. 14; a water board, Blackpool and Garstang Order, 1901, Rep. VII. 3; a canal, post, p. 603; Welshpool and Llanfair Order, 1899, Rep. II. 23; Nuneaton and District Order, 1901, Rep. VI. 28; Wakefield and District Order, 1901, Rep. VII. 36; tramways, post, p. 605; Spen Valley Order, 1901, Rep. V. 40; special drainage commissioners, Bridgwater, Stowey and Stogursey Order, 1901, Rep. VII. 6; river improvement commissioners, Jarrow and South Shields Order, 1901, Rep. VIII. 9 ; owners of private mineral lines, id. ib.

12.-(1.) The Clauses Acts, as defined by this Act (m), and the enactments mentioned in the Second Schedule to this Act (n), shall not apply to a light railway authorised under this Act except so far as they are incorporated or applied by the order authorising the railway.

(2.) Subject to the foregoing provisions of this Act (0) and to any special provisions contained in the order authorising the railway (p), the general enactments relating to railways (q) shall apply to a light railway under this Act in like manner as they apply to any other railway; and for the purposes of those enactments, and of the Clauses Acts so far as they are incorporated or applied by the order authorising the railway, the light railway company (r) shall be deemed a railway company, and the order under this Act a special Act, and any provision thereof a special enactment. Provided that a light railway shall not be deemed to be a railway within the meaning of the Railway Passenger Duty Act, 1842, and that no duties shall hereafter be levied in respect of passengers conveyed on a light railway constructed under this Act in respect of the conveyance of such passengers upon such railway (s).

(m) By sect. 28 for England, and by sect. 26 (7) (see also sect. 26 (3)) for Scotland. The questions arising on the Clauses Acts are discussed in notes (u) and (x) to sect. 11. See also the model clauses, post, pp. 550, 587.

(n) As to these, see note (y) to sect. 11, and model clauses, post, pp. 551, 588.

(o) Sects. 11 and 12 (1).

(p) The usual provisions inserted in Orders have, of course, the effect of modifying or preventing the application of the general railway enactments. Beside these, it is usual in Orders authorising light railways of Class B. to provide that the following enactments shall not apply :-Railway Regulation Act, 1840 (3 & 4 Vict. c. 97), ss. 3 and 4 [relating to returns to be made to the Board of Trade; these sections were repealed except so much of them as relates to a table of tolls by Regulation of Railways Act, 1871 (34 & 35 Vict. c. 78), s. 17, and Sched. II.]; Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), ss. 3 to 13 inclusive (as to accounts, audit, &c.), and s. 34 (as to printed copies of shareholders' address book); and Regulation of Railways Act, 1871 (34 & 35 Vict. c. 78), ss. 9 and 10 (as to returns of statistics).

(q) See also ante, p. 88.

The following list may be usefully given of those enactments which relate in express terms to railways.

Those Acts or portions of Acts, however, which are enumerated in Sched. II. to this Act, will only apply if they are specially applied by the Order. See also note (p) as to certain exclusions in the case of light railways of Class B.

It will also be observed that the present section excludes the application of Railway Passenger Duty Act, 1812 (5 & 6 Vict. c. 79). I. Enactments extending both to England and Scotland.

A. Railway and Canal Traffic Acts, 1854 to 1894. (See Short Titles
Act, 1896 (59 & 60 Vict. c. 14).)

Including Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31);
Regulation of Railways Act, 1873 (36 & 37 Vict. c. 48);
Board of Trade Arbitrations Act, 1874 (37 & 38 Vict.
c. 40), Part II.;

Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25);
Railway and Canal Traffic Act, 1892 (55 & 56 Vict. c. 44);

and

Railway and Canal Traffic Act, 1894 (57 & 58 Vict. c. 54). Add Railway and Canal Traffic (Provisional Orders) Amendment Act, 1891 (54 & 55 Vict. c. 12).

B. Railway Regulation Acts, 1840 to 1895. (See Short Titles Act,

1896.)

Including Railway Regulation Act, 1840 (3 & 4 Vict. c. 97);

Railway Regulation Act, 1842 (5 & 6 Vict. c. 55);
Railway Regulation Act, 1844 (7 & 8 Vict. c. 85);
Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119);
Regulation of Railways Act, 1871 (34 & 35 Vict. c. 78);
Railway Regulation Act (Returns of Signal Arrange-
ments, Working, &c.), 1873 (36 & 37 Vict. c. 76);

Sect. 12.

Sect. 12.

Regulation of Railways Act, 1889 (52 & 53 Vict. c. 57); and

Railway Regulation Act, 1893 (56 & 57 Vict. c. 29).
Add Railway Regulation Act, 1851 (14 & 15 Vict. c. 64).
C. Other Statutes as to Construction and Working.

Highway (Railway Crossings) Act, 1839 (2 & 3 Vict. c. 45);
Railway Regulation (Gauge) Act, 1846 (9 & 10 Vict. c. 57);
Crown Lands Act, 1851 (14 & 15 Vict. c. 42), s. 2;

Harbours Transfer Act, 1862 (25 & 26 Vict. c. 69), ss. 6, 8, 9
(as to works in tidal waters);

Metropolis Management Amendment Act, 1862 (25 & 26 Vict.
c. 102), ss. 34, 35 (as to the works of a local authority inter-
fering with a railway);

Railway Companies' Powers Act, 1864 (27 & 28 Vict. c. 120);
Railways Construction Facilities Act, 1864 (27 & 28 Vict. c. 121);
Cotton Statistics Act, 1868 (31 & 32 Vict. c. 33);

Railways (Powers and Construction) Acts, 1864, Amendment
Act, 1870 (33 & 34 Vict. c. 19);

Railway Rolling Stock Protection Act, 1872 (35 & 36 Vict. c. 50);
Explosives Act, 1875 (38 & 39 Vict. c. 17);

Railway Returns (Continuous Breaks) Act, 1878 (41 & 42
Vict. c. 20);

Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), ss. 21, 22, 23.
Railways (Electrical Power) Act, 1903 (3 Edw. 7, c. 30).
Quare whether Railway Clearing Act, 1850 (13 & 14 Vict. c. xxxiii.),
which is a local Act, but is to be deemed to be a public Act
(sect. 28), could be made use of by a light railway company.
See also the Acts referred to in the notes to sect. 19.
D. Lease, Sale, Abandonment and Winding-up.

Railway (Sales and Leases) Act, 1845 (8 & 9 Vict. c. 96);
Abandonment of Railways Act, 1850 (13 & 14 Vict. c. 83);
Cheap Trains and Canal Carriers Act, 1858 (21 & 22 Vict. c. 75),
s. 3;

Abandonment of Railways Act, 1869 (32 & 33 Vict. c. 114);
Companies Act, 1862 (25 & 26 Vict. c. 89), s. 199. (Quære
whether the words of the present sub-section are sufficient to
bring a light railway company, incorporated by an Order,
within the exception contained in sect. 199.)

E. Cheap Trains and Conveyance of Soldiers, Sailors and Police.
Railway Regulation Act, 1844 (7 & 8 Vict. c. 85), ss. 6, 7, 8, 9, 12;
Naval Enlistment Act, 1853 (16 & 17 Vict. c. 69), s. 18;
Cheap Trains Act, 1883 (46 & 47 Vict. c. 34).

F. Telegraphs.

See note to sect. 25.

G. Mails.

Railways (Conveyance of Mails) Act, 1838 (1 & 2 Vict. c. 98);
Railway Regulation Act, 1844 (7 & 8 Vict. c. 85), s. 11;

Post Office (Parcels) Act, 1882 (45 & 46 Vict. c. 74);
Conveyance of Mails Act, 1893 (56 & 57 Vict. c. 38), s. 1.

H. Taking Possession of Railway by Crown.

Regulation of the Forces Act, 1871 (34 & 35 Vict. c. 86), s. 16;
National Defence Act, 1888 (51 & 52 Vict. c. 31), s. 4.

I. Accidents.

Employers' Liability Act, 1880 (43 & 44 Vict. c. 42);
Workmen's Compensation Act, 1897 (60 & 61 Vict. c. 37);
Railway Employment (Prevention of Accidents) Act, 1900
(63 & 64 Vict. c. 27);

Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), s. 106.
See also note (h) to sect. 55 of Tramways Act, 1870, ante,
p. 252.

J. Finance.

Railway Companies Securities Act, 1866 (29 & 30 Vict. c. 108). K. Rates and Taxes.

Income Tax Act, 1860 (23 & 24 Vict. c. 14), ss. 5, 6;

Revenue Act, 1866 (29 & 30 Vict. c. 36), s. 8;

Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25), s. 48. L. Arbitration.

Railway Companies Arbitration Act, 1859 (22 & 23 Vict. c. 59). II. Enactments extending to England and not to Scotland. Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), ss. 4, 33, 35, 36, 37, 38;

Offences Against the Person Act, 1861 (24 & 25 Vict. c. 100),
ss. 32, 33, 34;

Railway Companies Act, 1867 (30 & 31 Vict. c. 127) (extends to
Scotland where it is expressly so provided);

Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 211 (1b);
Union Assessment Committee Amendment Act, 1864 (27 & 28
Vict. c. 39), s. 5;

Taxes Management Act, 1880 (43 & 44 Vict. c. 19), s. 95.

See also the discussion on Rating, ante, p. 49.

III. Enactments extending to Scotland and not to England.
Railway Companies (Scotland) Act, 1867 (30 & 31 Vict. c. 126);
Lands Valuation (Scotland) Act, 1854 (17 & 18 Vict. c. 91);
Valuation of Lands (Scotland) Amendment Act, 1867 (30 & 31
Vict. c. 80);

Valuation of Lands (Scotland) Amendment Act, 1887 (50 & 51
Vict. c. 51);

Valuation of Lands (Scotland) Acts Amendment Act, 1894 (57 & 58
Vict. c. 36);

Lands Valuation (Scotland) Amendment Act, 1902 (2 Edw. 7,
c. 25).

See ante, pp. 88, 89, for the enactments which specifically relate to light railways.

(r) Defined in sect. 28.

S.

K K

Sect. 12.

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