Page images
PDF
EPUB

The expression "Clauses Acts"(k) means the Sect. 28.
Lands Clauses Acts (1), the Railways Clauses
Consolidation Act, 1845, and the Railways
Clauses Act, 1863 (m), and the Companies
Clauses Acts, 1845 to 1889 (n):

The expression "share capital" (o) includes any
capital, whether consisting of shares or of

stock, which is not raised by means of bor-
rowing.

(i) In sects. 3, 4, 12 (2), 16 (3); see also note (n) to sect. 3 and note (y) to sect. 4.

(k) In sects. 11 (a) and 12.

(1) This expression includes, by Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 23 (a) :

:

Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18);
Lands Clauses Consolidation Acts Amendment Act, 1860 (23 &
24 Vict. c. 106);

Lands Clauses Consolidation Act, 1869 (32 & 33 Vict. c. 18);
Lands Clauses (Umpire) Act, 1883 (46 & 47 Vict. c. 15);
and any amending Acts, viz., at present :-

Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict.
c. 11).

The same expression is defined, for Scotland, by sect. 26 (7).
(m) 8 & 9 Vict. c. 20, and 26 & 27 Vict. c. 92, respectively.
(n) This expression means, by Short Titles Act, 1896 (59 & 60
Vict. c. 14):-

Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16);
Companies Clauses Act, 1863 (26 & 27 Vict. c. 118);
Companies Clauses Act, 1869 (32 & 33 Vict. c. 48);

Companies Clauses Consolidation Act, 1888 (51 & 52 Vict.
c. 48); and

Companies Clauses Consolidation Act, 1889 (52 & 53 Vict. c. 37). (0) In sects. 3 (1b), 4 (1), and 11 (h).

29. This Act may be cited as the Light Railways Short title. Act, 1896.

Section 3.

Section 12.

SCHEDULES.

FIRST SCHEDULE.

MODE OF PASSING SPECIAL RESOLUTIONS.

1. The resolution approving of the intention to make the application must be passed at a meeting of the council.

2. The resolution shall not be passed unless a month's previous notice of the resolution has been given in manner in which notices of meetings of the council are usually given.

3. The resolution shall not be passed unless two-thirds of the members of the council present and voting concur in the resolution.

Compare Tramways Act, 1870, Sched. A., Part III.

[blocks in formation]

The reference in the margin should be to sect. 11 (b), as well as to sect. 12. A list of such of the above enactments as are usually applied to light railways of either class will be found in note (y) to sect. 11. (See also the model clauses, post, pp. 551, 588.)

THIRD SCHEDULE.

JOINT COMMITTEES.

(a) Any council taking part in the appointment of a joint committee may delegate to the committee any power which the council may exercise for the purpose for which the committee is appointed.

(b) A council shall not be authorised to delegate to a joint committee any power of making a rate or borrowing money.

(c) Subject to the terms of the delegation the joint committee shall have the same power in all respects with respect to any matter delegated to them, as the councils appointing it or any of them.

(d) The members of the joint committee may be appointed at such times and in such manner, and shall hold office for such period, as may be fixed by the councils appointing them:

Provided that a member shall not hold office beyond the expiration of fourteen days after the day for the ordinary election of councillors of the council by which he was appointed, or in Scotland after the day for the ordinary election of councillors of the council of the county in which the district is situated.

(e) The costs of a joint committee shall be defrayed by the councils by whom the committee is appointed, in such proportions as they may agree upon, and in the event of their differing in opinion, as may be determined by the Board of Trade on an application by either council.

(f) When any of the councils joining in the appointment of a joint committee is a county or district council other than a borough council, the accounts of the joint committee shall be audited in like manner and with the like power to the officer auditing the accounts, and with the like incidents and consequences as the accounts of a county council.

(g), The chairman at any meeting of the committee shall have a second or casting vote.

(h) The quorum, proceedings, and place of meeting of a committee, whether within or without the area within which the committee are to exercise their authority, shall be such as may be determined by regulations jointly made by the councils appointing the committee, and in the event of their differing in opinion as may be determined by the Board of Trade on an application by either council.

(i) Subject to those regulations the quorum, proceedings, and place of meeting, whether within or without the area within which the committee are to exercise their jurisdiction, shall be such as the committee direct.

Section 17.

Payment of salary to a second com

missioner.

THE

LIGHT RAILWAY COMMISSIONERS

(SALARIES) ACT, 1901.

(1 Edw. 7, c. 36.)

An Act to provide for the Payment of another of the Light Railway Commissioners.

[17th August, 1901.]

BE it enacted by the King'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. In addition to the salary directed to be paid by subsection four of section one of the Light Railways

59 & 60 Vict. Act, 1896, there shall be paid to another of those

c. 48.

Short title.

Commissioners such salary as the Treasury direct, not exceeding one thousand pounds a year, and subsection six of section one of that Act shall apply to any salary so paid.

2. This Act may be cited as the Light Railway Commissioners (Salaries) Act, 1901.

THE LIGHT RAILWAYS RULES, 1898.

RULES MADE BY THE BOARD OF TRADE IN SEPTEMBER, 1896, AND
MODIFIED IN OCTOBER, 1898, WITH RESPECT TO APPLICATIONS TO
THE LIGHT RAILWAY COMMISSIONERS UNDER THE LIGHT RAILWAYS
ACT, 1896.

Note. These rules will regulate the procedure before the Light Railway
Commissioners where a scheme for a light railway has been matured and
it is intended to make a formal application for an Order.

The Commissioners will at all times be prepared to give every facility
in their power for considering and maturing proposals for the construction
of light railways to be submitted to them.

Notice of Proposed Application.

advertise

ment.

1. Notice of intention to apply to the Light Railway Com- Notice by missioners for an Order authorising a light railway, or for an amending Order (hereinafter referred to as "the notice"), must be published by advertisement in each of two consecutive weeks in the month of May or of November, in at least one local newspaper circulating in the area or part of the area through which it is proposed to make the railway. Copies of such newspaper containing these advertisements must be sent when published to the Light Railway Commissioners and to the Board of Trade (a).

2. The notice must, in the case of a new railway, describe Contents of generally the line of the railway and its termini, the lands notice. proposed to be taken (stating the quantity and the purpose for which it is proposed to take them), and the proposed gauge and motive power of the railway, and in the case of an application for an amending Order (so far as the amendment applied for does not relate to the power to make a new railway) the nature of the proposed amendment. The notice must be subscribed with the name of the person, company, or council responsible for the publication of the notice (hereinafter referred to as "the promoters "); and must name a place where a plan of the proposed works and of the lands to be taken and a book of reference to the plan and a section of the proposed works will be deposited for inspection on or before the last day of the month in which the notice is advertised, and where on or before the same day copies of the draft Order can be obtained on payment of not exceeding one shilling per copy.

The notice must state that, in accordance with these Rules,

(a) See sect. 7 (2a) of the Act and Finchley, Hendon, Edgware and District case (1899), Rep. VI. 16; Oxley, 246, in note (t) to that section. As to advertisements of additional lines undertaken after the local inquiry, see Middleton case (1898), Rep. III. 17; Oxley, 137, and note (a) to sect, 7.

« PreviousContinue »