(1) This section covers all expenses duly incurred by a council Sect. 16. with reference to an application, if the Commissioners have been satisfied that the council has authorised the expenditure and desires it to be allowed. It covers all expenses, whether incurred before the Commissioners or the Board of Trade, in reference to an application.

The Commissioners have at present no regular official to attend to the allowance of these expenses, but Light Railways Bill, 1903, cl. 4, provided for the appointment of such a person.

Where a council has promoted an Order, the Order itself provides for the raising of the capital expenditure and the costs of obtaining the Order, and sometimes, as in Dornoch Order, 1899, Rep. I. 28, an Order granted to private promoters provides for the raising of the expenses of a council incurred in borrowing for the purpose of an advance.

The Commissioners will not order the promoters to pay the costs of a local authority any more than those of any other objector.

(m) See Local Government Act, 1888 (51 & 52 Vict. c. 41), 8. 68 (2) and (4).

(n) See Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), ss. 139, 140, 144. In the case of metropolitan boroughs, the rate is called the general rate. (London Government Act, 1899 (62 & 63 Vict. c. 14), s. 10.)

(0) See Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 207 (urban authorities) and 229 (rural authorities).

(p) It will be observed that this proviso extends only to expenses incurred by a county council. An instance of the application of this proviso will be found in Leek, Caldon Low and Hartington Order, 1899, Rep. II. 9, and, as between a parish and the remainder of a county, in Forsinard, Melvich and Port Skerra Order, 1898, Rep. I. 22.

The power here given will not extend to the imposition of the expenses on a part only of a particular parish (Wick and Lybster case (1899), Rep. V. 54; Oxley, 88); but see Dornoch Order, 1899, Rep. I. 28.

(7) See sect. 68, sub-sects. 3, 5, 6, 7 and 8 of the Act. By sect. 26 (8) there must be substituted, for Scotland, Local Government (Scotland) Act, 1889 (52 & 53 Vict. c. 50). See sect. 26 (3) and (4) of that Act.

(r) See sect. 11 (g) of the present Act, and the note thereto.

(s) This sub-section is replaced, for Scotland, by sect. 26 (5) and (6c).

(t) Defined in sect. 28.

(u) This application may be made informally, and no doubt the Board of Trade will require such information as it requires for the purposes of loans or supplemental loans under sect. 20 of Tramways Act, 1870; see note (q) thereto.

Sect. 16.

Joint committees.

51 & 52 Vict. c. 41.

c. 73.

(x) See the model clauses, post, pp. 579, 628, and note (e) to sect. 11. The period for replacement usually prescribed is forty years, but sometimes fifty years has been permitted. (Welshpool and Llanfair Order, 1899, Rep. II. 23; Tanat Valley Order, 1899, Rep. II. 22; Leek, Caldon Low and Hartington Order, 1899, Rep. II. 9.)

(y) See sub-sect. 1 above.

17. (1.) The councils of any county, borough, or district (2), may appoint a joint committee for the purpose of any application for an order authorising a light railway under this Act, or for the joint construction or working of a light railway, or for any other purpose in connection with such a railway for which it is convenient that those councils should combine.

(2.) The provisions of the Local Government Act, 56 & 57 Vict. 1888, or of the Local Government Act, 1894, as the case may be, with respect to joint committees (a), shall apply to any joint committee appointed for the purpose of this Act by any councils who could appoint a joint committee under those Acts, but where the councils have no power under those Acts to appoint a joint committee (b) the provisions in the Third Schedule to this Act shall apply.

Working of

() For the Scots equivalents, see sect. 26 (2) and (6).

(a) The material sections are sect. 81 of the former Act (as to joint committees of county councils) and sect. 57 of the latter (as to joint committees of parish and district councils). For Scotland, Local Government (Scotland) Act, 1889 (52 & 53 Vict. c. 50), and Local Government (Scotland) Act, 1894 (57 & 58 Vict. c. 58), are to be respectively substituted. (See sect. 26 (8) of the present Act.) The material sections of these Acts are sect. 76 of the former (as to joint committees of county councils and town councils) and sect. 34 of the latter (as to joint committees of parish, town and county councils). Compare Tramways Act, 1870, s. 17.

(b) As, for instance, where it is desired to form a joint committee of a county and a borough or district council, or of two borough councils, in England.

It will be observed that the provisions of the Scots Acts are wider than those of the English Acts.

18. Where a company have power to construct or

work a railway, they may be authorised by an order Sect, 18. under this Act to construct and work or to work the ordinary railway or any part of it as a light railway under this Act.

Compare Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), ss. 27 to 29, which permit the Board of Trade to do by licence what this section authorises to be done by Order. They provide for the imposition of regulations by the Board of Trade, and limit the load to eight tons for every pair of wheels and the speed to twenty-five miles per hour.

An Order may be made solely for the purposes of this section (Glasgow and South Western Railway (Cairn Valley) Order, 1900, Rep. V. 48), or for the purposes of this section combined with other purposes under the Act (North Sunderland Order, 1898, Rep. III. 20), or it may be an amending Order under sect. 24 in addition to authorising matters under the present section. (Vale of Rheidol (Amendment) Order, 1902, Rep. X. 26.)

The line which the Order gives power to work as a light railway may be already constructed (Bere Alston and Calstock Order, 1900, Rep. VI. 4; East and West Yorkshire Union Order, 1901, Rep. VII. 16), or not yet constructed (Gifford and Garvald Order, 1898, Rep. II. 26); it may be an ordinary railway, or a railway not used for passenger traffic (Carmyllie Order, 1899, Rep. I. 20); or it may be a light railway, whether authorised by Act of Parliament (Cranbrook and Tenterden Order, 1900, Rep. V. 11; Vale of Rheidol (Amendment) Order, 1902, Rep. X. 26), or constructed and worked by licence under Regulation of Railways Act, 1868. (Cawood, Wistow and Selby (Extension) case (1899), Rep. V. 6; Oxley, 96.) Southwold Order, 1902, Rep. VIII. 17, converts the gauge of such a licensed railway.

It should be remembered that the ordinary rules have to be complied with, even in the case of applications by which only an Order under this section is sought. (Gifford and Garvald case (1896), Rep. I. 23; Oxley, 31.)

the

railway as light railway.

owners to

or advance

19.—(1.) Where any person has power, either by Power of statute or otherwise, to sell and convey any land for grant land works of a light railway, he may, money for a of purpose any with the sanction of the Board of Agriculture given light railway. under this section, convey the land for that purpose either without payment of any purchase-money or compensation or at a price less than the real value, and may so convey it free from all incumbrances thereon (c).

Sect. 19.

c. 114.

(2.) Whenever any person who is a landowner 27 & 28 Vict. Within the meaning of the Improvement of Land Act, 1864, contributes any money for the purpose of any works of a light railway, the amount so contributed may, with the sanction of the Board of Agriculture given under this section, be charged on the land of the landowner improved by the works in the same manner and with the like effect as in the case of a charge under that Act (d).

(3.) The Board of Agriculture shall not give their sanction under this section unless they are satisfied that the works for which the land is conveyed or the money is contributed will effect a permanent increase in the value of the land held by the same title or of other land of the same landowner exceeding, in the case of a conveyance of land, that which is, in the opinion of the Board of Agriculture, the real value of the land conveyed or the difference between that value and the price, as the case may be, and in the case of a contribution of money the amount contributed: Provided also, that if the land proposed to be conveyed is subject to incumbrances, the Board of Agriculture, before giving their sanction under this section, shall cause notice to be given to the incumbrancers, and shall consider the objections, if any, raised by them (e).

(c) Where an Order or Act authorising a light railway incorporates either of the Lands Clauses Consolidation Acts, 1845 (8 & 9 Vict. cc. 18 and 19), limited owners and persons under disability are empowered by sect. 7 of each of these Acts so incorporated to sell, convey and release the land purchased by the promoters at the full value, as determined by two surveyors or valuators (sect. 9). It is to them that the present section particularly refers, and it enables them to convey such land without consideration or at an undervalue, with the consent of the Board of Agriculture. There are other Acts, also, to which the present section must be taken to apply, which authorise sales by or on behalf of limited owners and persons under disability for purposes which would include the making of a light railway, though this purpose is not specifically mentioned. Such Acts are Settled Land Act, 1882 (45 & 46 Vict. c. 38), whereby (sects. 3, 4) a tenant for life may sell or exchange land, but it must be at the best price or consideration that can

reasonably be obtained; and Lunacy Act, 1890 (53 & 54 Vict. c. 120), whereby (sect. 120) a lunatic's committee may, by the leave of the judge, sell or exchange the lunatic's property. As to sales by heirs of entail in Scotland, under certain circumstances, by private bargain or public roup, see Entail Amendment (Scotland) Act, 1868 (31 & 32 Vict. c. 84), and Entail (Scotland) Act, 1882 (45 & 46 Vict. c. 53). The words "or otherwise" will cover the case of trustees, executors, administrators, &c. who are obliged, by their position or the instrument under which they act, to sell, if they have a power to sell, at the best terms obtainable. In all these cases the present section gives the Board of Agriculture power, on being satisfied of the matters mentioned in sub-sect. 3, to authorise a sale on the terms mentioned in the present sub-section.

As to free grants of land by landowners, see sect. 5 (1a). Instances will be found in the Dornoch case (1897), Rep. I. 28; Oxley, 6; and the Forsinard, Melvich and Port Skerra case (1898), Rep. I. 22; Oxley, 9.

(d) Improvement of Land Act, 1864, applies both to England and to Scotland, and its operation is specially preserved by Entail Amendment (Scotland) Act, 1875 (38 & 39 Vict. c. 61), s. 14, an Act which contains similar provisions with respect to expenditure on improvements. "Landowner," in Improvement of Land Act, 1864, means (sect. 8): "As to lands in England, the person who shall be in the actual possession or receipt of the rents or profits of any land, whether of freehold, copyhold, customary or other tenure, except where such person shall be a tenant for life or lives holding under a lease for life or lives not renewable, or shall be a tenant for years holding under a lease or an agreement for a lease for a term of years not renewable, whereof less than twenty-five years shall be unexpired at the time of making any application to the Commissioners [now the Board of Agriculture, by Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30), s. 2 (1b)], without regard to the real amount of the interest of any person so excepted; and in the case where the person in the actual possession or receipt of the rents or profits of any land shall fall within the above exceptions, then the person who for the time being shall be in the actual receipt of the rent payable by the person so excepted, unless he shall also fall within the above exception, shall, jointly with the person who shall be liable to the payment thereof, be deemed for the purposes of this Act to be the owner of such lands; and as to lands in Scotland, the word 'landowner' shall denote and include every fiar, life renter, or heir of entail who shall be in the actual possession of the land, or in receipt of the rents payable on the tacks, leases or tenancies of the tenants in the actual possession thereof; . and as to lands in any part of the United Kingdom, the word 'landowner' shall include a corporation, and also such persons as are empowered by the 23rd [this must be an

Sect. 19.