Part II. TRAMWAYS. THE TRAMWAYS ACT, 1870. An Act to facilitate the construction and to [9th August, 1870.] [To lay down a tramway in a public way without statu- BE it enacted by the Queen's most Excellent Majesty, by The Preamble was repealed by S. L. R. (No. 2) Act, 1893 Preliminary. 1. This Act may be cited for all purposes as "The short title. Tramways Act, 1870." 2. This Act shall not extend to Ireland. The Acts which are now applicable to tramways and light railways in Ireland are cited as the Tramways (Ireland) Acts, 1860 to Limitation of Act. Sect. 2. Interpreta tion of terms. 1900, by virtue of Tramways (Ireland) Act, 1900 (63 & 64 Vict. c. 60), Tramways (Ireland) Act, 1860 (23 & 24 Vict. c. 152). Tramways (Ireland) Amendment Act, 1861 (24 & 25 Vict. c. 102). Transfer of Railways (Ireland) Act, 1890 (54 & 55 Vict. c. 2). The titles are given by Short Titles Act, 1896 (59 & 60 Vict. c. 14), which, however, wrongly omits Light Railways (Ireland) Act, 1893. Tramways and Public Companies (Ireland) Act, 1883, Amendment Act, 1884 (48 & 49 Vict. c. 5), is omitted in the above list because it does not affect that part of Tramways and Public Companies (Ireland) Act, 1883, which deals with tramways. Add Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), ss. 92, 93, 105, and Sched. V. 3. For the purposes of this Act the terms hereinafter mentioned shall have the meanings hereinafter assigned to them (a); that is to say, The terms "local authority" and "local rate shall mean respectively the bodies of persons and rate named in the table in Part One of the schedule (A.) to this Act annexed (b): The term "road" (c) shall mean any carriageway (d) being a public highway, and the carriageway of any bridge forming part of or leading to the same : The term "road authority" shall mean, in the districts specified in the table in Part Two of the schedule (A.) to this Act annexed, the bodies of persons named in the same table, and elsewhere any local authority, board, town council, body corporate, commissioners, trustees, vestry, or other body or persons in whom a road as defined by this Act is vested, or who have the Sect. 3. power to maintain or repair such road (e): The term "district," in relation to a local authority or road authority, shall mean the area within The term "prescribed" shall mean prescribed by (a) See also Interpretation Act, 1889 (52 & 53 Vict. c. 63). (c) Compare the definition of "street" in Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 4, as to which Lord Selborne said: "An interpretation clause of this kind is not meant to prevent the word receiving its ordinary, popular, and natural sense whenever that would be properly applicable, but to enable the word, as used in the Act, when there is nothing in the context or the subjectmatter to the contrary, to be applied to some things to which it would not ordinarily be applicable " (Robinson v. Barton-Eccles Local Board (1883), 8 A. C. 798, 801; 53 L. J. Ch. 226, 227; compare Doe d. Edney v. Benham (1845), 7 Q. B. 976, 977, per Patteson, J.); and see the numerous cases on that section collected in Lumley's Public Health, 6th ed., pp. 12 sqq. No question arises on the present section as to whether "road" means the roadway as distinguished from the roadway with the houses; it clearly does. See also note (o) to sect. 26. The word "street" is not used in the Act, though it is used in the Board of Trade Rules, e.g. in Rule IV. As to its meaning for the purposes of Standing Order 135, see ante, p. 24. (d) "Carriageway" is used here to mean the roadway as opposed to the footpaths adjoining it. (Hyde Corporation v. Oldham, Ashton and Hyde Electric Tramway, Ltd. (1900), 64 J. P. 596; 16 T. L. R. Sect. 3. 492, for which see note (o) to sect. 26, and not in the strict sense described in Glen on Highways, 2nd ed., pp. 3 and 4. Contrast also Derby County Council v. Matlock Bath Urban District Council, [1896] A. C. 315; 65 L. J. Q. B. 419; and see Goldberg v. Liverpool Corporation (1900), 82 L. T. 362 (C. A.), post, p. 228.) (e) In Wolverhampton Tramways Co. v. Great Western Railway Co. (1886), 56 L. J. Q. B. 190; 56 L. T. 892, a railway company, which was under an obligation to repair a bridge over which a tramway ran under statutory powers, found it necessary in the interests of the public safety to repair the bridge, and did so, with the approval of the local authorities in whom the road was vested, after giving the tramway company notice under sect. 32 of this Act. They took up the tramway, and did not restore it. It was held that the railway company were the "road authority" under this section, and were protected against any claims of the tramway company by sect. 32 (3) of this Act, except in so far as they had caused unnecessary detriment or inconvenience, if any, in the words of sect. 32 (1). Semble, the taking up of the rails would be deemed a necessary inconvenience. In Stockport and Hyde Highway Board v. Cheshire County Council (1891), 61 L. J. Q. B. 22; 65 L. T. 85; 39 W. R. 606; 55 J. P. 808, the county council was held, by virtue of Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 11, to be the "road authority" within the meaning of a tramways Provisional Order, and as such entitled to the surplus material excavated in the construction of a line, although they had handed over the repair of the road to the highway board by agreement for a year. It would seem to follow logically, and from the Wolverhampton case, that a person liable to repair a highway ratione tenure or clausure was a "road authority" within the meaning of this section, in spite of the inappropriateness of the definition of the term "district" in this section to such a person. It was equally inappropriate as applied to the Great Western Railway Company in the Wolverhampton case. The road authorities will be, as a rule, in boroughs or urban districts, the borough council or urban district council (Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 144, and Local Government Act, 1894 (56 & 57 Vict. c. 73), s. 21); with respect to main roads the county council (Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 11); and in rural districts the rural district council (Local Government Act, 1894, s. 25). (f) Rules may be made under sect. 64 for the purposes set out in that section. Those at present in force will be found printed post, p. 324. Contrast the "regulations" and "by-laws" made by local authorities and promoters under sect. 46. (g) The Lands Clauses Acts at present in force are those named in the section (viz., 8 & 9 Vict. c. 18; 8 & 9 Vict. c. 19; and 23 & |