whom it is made a proper opportunity of being heard Sect. 22. in support of it.

Compare Private Legislation Procedure (Scotland) Act, 1899, s. 17, ante, p. 322.

As to the making of objections to the Commissioners and the Board of Trade, see note (y) to sect. 7 and note (1) to sect. 9 respectively.

An objection was taken under this section by the National Trust for the Preservation of Places of Natural Beauty in the Didcot and Watlington (Extension) case (1899), Rep. V. 13; Oxley, 74.

with existing

23. Any junction of a light railway authorised Junctions under this Act with any existing railway shall so far railways. as is in the opinion of the Board of Trade reasonably practicable avoid interference with lines of rails used for passenger traffic.

By Rules XVI. and XXV., where a junction is proposed, the plan and section must show the course of the existing or authorised railway for 800 yards on either side of the proposed junction.

It will be observed that this section makes the Board of Trade alone, and not the Commissioners, the arbiters of this particular

matter.

For the ordinary clauses with respect to junctions, see post, pp. 561, 605, and compare Lastingham and Rosedale Order, 1900, Rep. VI. 21; Mid-Suffolk Order, 1900, Rep. VI. 26; and Robertsbridge and Pevensey Order, 1900, Rep. VI. 32.

With regard to junctions in general, see Railways Clauses Act, 1863 (26 & 27 Vict. c. 92), ss. 9 to 12. Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), s. 87, gives the constructing company power to contract for the passage along their railway of the vehicles of other companies, and for the passage of their own vehicles along the railways of other companies.

The Law Officers have advised that the Commissioners and Board of Trade have power under the present Act to authorise a junction between a light railway and an existing railway without the consent of the owners of the latter. If this view is correct, it must be based on general considerations, and on this section and sects. 7 (4) and 11 (c), (d) and (m) of the present Act. But it must be observed that these sections do not expressly authorise compulsory junctions, and in particular the present section might be intended to apply to junctions made by arrangement. The sections, too, of Railways Clauses Act, 1863, only apply where the junction has in fact been authorised by the special Act (that is to say, in the case of a light railway, the Order), and do not themselves authorise a junction;

S.

L L

14

Sect. 23. and it should be observed that the Lands Clauses Consolidation Acts, 1845 (8 & 9 Vict. cc. 18 and 19), do not themselves authorise the acquisition of an easement by a railway. (Pinchin v. London and Blackwall Railway Co. (1854), 5 De G. M. & G. 851; 24 L. J. Ch. 417.)

Amendment of order.

On principles similar to those enunciated in the present section the Commissioners and Board of Trade are averse to permitting a light railway to cross an existing railway on the level: see Doncaster Corporation Order, 1900, Rep. V. 15; and see further as to this matter, ante, p. 19.

24. An order authorising a light railway under this Act may be altered or added to by an amending order made in like manner and subject to the like provisions as the original order (k).

Provided that

(a) the amending order may be made on the application of any authority or person (7);

and

(b) the Board of Trade, in considering the expediency of requiring the proposals for amending the order to be submitted to Parliament (m), shall have regard to the scope and provisions of the original order; and

(c) the amending order shall not confer any power to acquire the railway except with

the consent of the owners of the railway (n).

(k) In spite of these words, the procedure on an application for an amending Order is, as a rule, considerably shorter than that which has to be adopted on an application for an original Order. By Rule XXXVIII. "such of the requirements of these rules as are inapplicable will be dispensed with." Certain of the rules, however, refer in terms to applications for amending Orders, and these rules, presumably, will not be dispensed with. They are Rules I. to III. (as to advertisements), Rule VII. (as to objections), Rule XXVIII. (as to notices of amending Orders for abandonment), and Rule XXIX. (as to notices of amending Orders proposing to repeal protective clauses). Rule XXXII. will apply as to the date of application, but all the statements therein mentioned will generally not be required. Rule XXXVI. (as to fees) applies in all cases,

In particular, notices under Rules XXVI. and XXVII. will not Sect. 24. be required in cases where the persons to whom these rules provide that notice shall be given are clearly not affected by the proposed amendment (compare note (a) to sect. 7), but notices under Rules XXVIII. and XXIX. are essential, where these rules apply.

Again, it will depend on the nature of the amending Order which is applied for whether a local inquiry is held or not. Local inquiries have hitherto not been held where the application has been for extension of time or for alterations in capital or borrowing powers, but they have always been held where extensions of lines, deviations, alterations of works or alterations of motive power have been applied for. Where an amending application has been made before a local inquiry has been held on the original application, it is the practice to hold a single local inquiry on both applications, and generally to embody the result of the two applications in a single Order. (See notes (u) and (a) to sect. 7.)

The Commissioners, however, whether they propose to hold a special local inquiry or not, give notice of the application in the usual way, and if an objector brings forward any reasons which seem to demand a local inquiry, such an inquiry will be held.

An amending Order may amend two or more Orders; an instance is Spen Valley and Morley (Extensions) Order, 1902, Rep. X. 19. In the Dudley, Halesowen and District (Extensions) case (1902), Rep. (1903) XIII. 7, it is proposed to amend five Orders.

(7) See sect. 2 as to applications for an original Order. (m) See sect. 9 (1a) and note (i) thereto.

(n) Compare sect. 11 (1) and note (k) thereto.

Amending Orders have hitherto been applied for and made after the confirmation of the principal Order for the following purposes, or for two or more of them in combination :

1. Alterations of and Additions to Works.

(a) Extensions. (See Rhyl and Prestatyn (Extensions) Order, 1900, Rep. VIII. 23, and Potteries (Extensions) Order, 1902, Rep. IX. 18.) For model form, see post, p. 638.

The Order contains the necessary amendments as to capital and other matters, and provides, if necessary, for an additional deposit. It applies the provisions of the principal Order to the extensions, with such variations and exceptions as are deemed proper. It also may make provision for a further deposit and the payment out thereof and of the original deposit.

For an instance of an application of the provisions of two preceding Orders to extensions or parts thereof, see Spen Valley and Morley (Extensions) Order, 1902, Rep. X. 19.

Spen Valley (Extensions) Order, 1901, Rep. VII. 34, only authorises certain extensions subject to the non-construction of similar railways by local authorities under their existing powers.

(b) Deviations.

(See West Hartlepool (Deviation, &c.) Order, 1901, Rep. VII. 38; Middleton (Deviation, &c.) Order, 1902, Rep. X. 11.)

For form, see post, p. 640. This form, again, shortly applies the provisions of the principal Order to the deviation.

(c) Substitution of cattle-guards for gates at level crossings. (Basingstoke and Alton (Amendment) Order, 1900, Rep. VI. 24; Rother Valley (Extensions) Order, 1902, Rep. X. 15.)

(d) Substitution of level crossings for bridges. (Lizard (Amendment) Order, 1902, Rep. X. 9; Vale of Rheidol (Amendment) Order, 1902, Rep. X. 26.)

(e) Compulsory powers to acquire lands for road widening. (Flamborough and Bridlington (Amendment) Order, 1899, Rep. IV. 9. The Order will include powers to raise additional capital for the purpose.

(f) Power to use electricity. (Lizard (Amendment) Order, 1902, Rep. X. 9.)

(g) Power to construct and work a light railway authorised by statute as a light railway under this Act. (Vale of Rheidol (Amendment) Order, 1902, Rep. X. 26.)

(h) Weight of rails and load. (Gower (Amendment) Order, 1902, Rep. X. 25.)

(i) Railways on roadside wastes.
(Extensions) Order, 1902, Rep. X. 19.)

2. Extension of Time.

(Spen Valley and Morley

This is the most usual purpose for which an amending Order is sought. (See Bridlington and North Frodingham (Extension of Time) Order, 1901, Rep. IX. 3; Pewsey and Salisbury (Extension of Time) Order, 1901, Rep. IX. 17.) The common form of original Order provides for a definite period within which land may be compulsorily purchased, but gives the Board of Trade power to extend the period for the completion of the works. (See post, pp. 554, 556, 592.) If the company desire an extension of the latter period, they apply direct to the Board, and notice of their application is published and a date fixed for the sending in of objections. (Compare London Gazette, 1902, Vol. I. p. 2862.) If an extension of the former period or of both periods is desired, an amending Order must be applied for. The usual form is given post, p. 642.

In the Crowland and District (Amendment) case (1901), Rep. X. 7, the Commissioners refused to approve finally an Order authorising an extension of time till they were satisfied as to the financial prospects of the company.

Isle of Thanet (Amendment) Order, 1901, Rep. IX. 11, revives certain powers of the company and limits the time for their exercise; so powers of compulsory purchase are revived by Crowland and District (Amendment) Order, 1902, Rep. X. 7. Compare Didcot and Watlington (Amendment) case (1902), Rep. (1903) XIII. 5.

3. Abandonment of part of an undertaking.

See Amesbury and Military Camp (Amendment) Order, 1901, Rep. IX. 12. A form of Order is given post, p. 644.

4. Alterations of Capital and Borrowing Powers.

As to the insertion of these in Orders for extensions, deviations and the acquisition of land, see above, 1 (a), (b) and (e). Special applications are sometimes made for power to issue preference shares. (See Mid-Suffolk (Amendment) Order, 1901, Rep. IX. 15; Grimsby and Saltfleetby (Amendment) Order, 1902, Rep. XI. 18.)

An increase in the amount of interest to be paid out of capital during construction is authorised by Gower (Amendment) Order, 1902, Rep. X. 25, and also an increase in the amount which must be due to the mortgagees before an application for a receiver is made. A successful application has also been made for an increase of capital, power to local authorities to advance further sums, power to a railway company to subscribe, and increased borrowing powers. (Welshpool and Llanfair (Amendment) Order, 1901, Rep. IX. 27. Compare Tanat Valley (Amendment) Order, 1901, Rep. IX. 21, and Vale of Rheidol (Amendment) Order, 1902, Rep. X. 26.) A provision as to calls is repealed and borrowing powers are varied by Colne and Trawden (Capital and Further Powers Amendment) Order, 1902, Rep. XII. 3. Tanat Valley (Amendment) Order, 1901, ub. sup., contains provisions for a Treasury grant.

5. Alteration of Rates.

By the addition of bicycle rates in Barnsley and District (Extensions) Order, 1902, Rep. VII. 2.

6. Working Agreements are authorised by Hadlow (Amendment) Order, 1901, Rep. IX. 8, and Colne and Trawden (Capital and Further Powers Amendment) Order, 1902, Rep. XII. 3.

Where the clauses in the principal Order as to houses of the labouring class, or for the protection of the Postmaster-General, or with respect to other matters, are not in accordance with the clauses inserted in the more recent Orders, the Commissioners take the opportunity of an amending Order to modify them so as to bring them into accordance with such clauses. Further protective clauses will, of course, be added where they are required. In appropriate cases a light railway company, in lieu of applying for an amending Order, may make an application for a certificate under Railway Companies' Powers Act, 1864 (27 & 28 Vict. c. 120), duly following the procedure prescribed by that Act. This has recently been done by the Axminster and Lyme Regis Company. (See London Gazette, Nov. 11, 1902.)

As to amendments to an Order permitted before confirmation, see note (a) to sect. 7.

Sect. 24.

25. The definition of "Act of Parliament" in the Provision as