PART VII. Method of making and collecting rates. PART VIII. The general powers of the Trust. Cf. G.T.A., 8. Cf. T. E.T. Act, 1904, The Municipal Tramways Trust Act.-1906. may be required for the purpose, to the Treasurer, and shall hold any surplus to answer any future liability imposed on such Corporation or District Council by this Act. (2) In anticipation of the declaration or getting in of such special rate, the Council or District Council may discharge all or any portion of such liability out of any funds for the time being in its hands, or may borrow such moneys as it may require for the purpose of meeting such liability. 52. (1) All the provisions of The Municipal Corporations Act, 1890, and The District Councils Act, 1887, and of any Acts incorporated with or substituted for either of such Acts, with regard to the rates thereby respectively authorised to be declared, shall, subject to this Act, apply to a rate declared under this Act. (2) Upon default by any Corporation or District Council in discharging the liability hereby imposed on such Corporation or District Council, the Treasurer shall, in addition to all other rights and remedies conferred by law, have all the rights and remedies of a holder of a debenture or coupon thereof conferred by section 280 of The Municipal Corporations Act, 1890, and section 186 of The District Councils Act, 1887. (3) If the Treasurer, after three months' written notice under the seal of the Trust to recover payment of the full amount of such liability, fail so to do, the Trust may, in its own name or in the name and on behalf of the Treasurer, sue for and recover from the Corporation or District Council in default the amount of such liability, or any unpaid portion thereof, and may enforce payment thereof (together with all costs as between solicitor and client) to the Trust by such Corporation or District Council, and may exercise all of the rights and remedies hereby conferred on the Treasurer in respect of such liability, and such rights shall be deemed to have been transferred from the Treasurer to the Trust. (4) All moneys other than costs recovered by the Trust under sub-section (3) shall be paid by the Trust to the Treasurer. PART VIII. GENERAL POWERS AND OBLIGATIONS. 53. The Trust may, for the purposes of this Act (1) Break up, open, and alter the surface or level of any road: (2) Temporarily stop traffic upon any road: (3) Place, erect, lay down, work and maintain in, over, or under any road, and, with the consent of the owner and occupier thereof, attach to any building any apparatus or thing which in the opinion of the Trust may be necessary or expedient in connection with the transmission of electric energy, and may from time to time repair, renew, remove, and replace the same: (4) Make The Municipal Tramways Trust Act.-1906. (4) Make openings, ways, and subways in, on, or under any road, with openings and ways into the same: PART VIII. Cf. T.E.T. Act, 1904, sec, 18, ss. (3). (5) Open, break up, and alter the position of sewers, drains, (6) Alter, remove, replace, or relay in any position or situation Cf. ib. ss. (6). anything connected therewith: (7) Extend or vary any future or existing tram system: New. (8) Make, renew, remove, replace, or alter as to position or Cf. ib. ss. (7). otherwise any junction, siding, station, turntable, or Cf. ib. ss. (8). turnout: (9) Purchase and take, under the provisions of The Lands Clauses Cf. ib. sec. 20. Consolidation Act, and any Acts amending the same, any land or buildings (except land subject to a public right-ofway) which in the opinion of the Trust may be necessary or convenient to be purchased or taken for any purposes authorised by or under this Act, and for any such purpose all the provisions of those Acts are incorporated in this Act: (10) With the consent of the Governor, and for the purpose of shortening any route or avoiding curves, form, make, and pave a road through any square or park lands, and thereon. make, form, lay down, maintain, remove, renew, and work any tramway: Provided that such road shall be formed, made, and paved, and kept in repair and fenced at the expense of the Trust, to the satisfaction of the road authority: (11) Erect, repair, remove, alter, pull down, or make additions to New. any power house, storage stations, tramsheds, stables, or buildings, with all proper offices, conveniences, and appur tenances: (12) Carry on the business of tramway proprietors, and of buyers, New. (13) For the purpose of stimulating or developing the traffic of New. New. New. PART VIII. Repair of roads used as tramways. Cf. G.T.A., 1884, sec. 11. Trust to bear part of the cost of constructing roads of special materials. New. Before interfering with roads notice to be given by the Trust. Cf. ib. sec. 8. Notice required in cases of emergency. Restoration of broken-up roads. Cf. ib. sec. 9. The Municipal Tramways Trust Act.—1906. in respect of public parks, gardens, restaurants, rest-houses, or places of entertainment or amusement, to which passengers may conveniently resort: (15) Sell or dispose of any property of the Trust which, in the opinion of the Trust, it may be desirable to dispose of, with power to exchange such property for other property of any kind: (16) Receive and give effectual receipts or discharges for any gift, devise, legacy, or bequest. 54. The Trust shall, at its own expense, at all times keep in good condition and repair, with such materials and in such manner as the road authority shall direct and to its satisfaction (1) So much of any road whereon any tramway belonging to the Trust is laid as lies between the rails of the tramway: (2) Where two tramways are laid by the Trust on any road at a distance of not more than four feet from each other, the portion of the road between the tramways: (3) So much of the road as extends eighteen inches beyond the rails on each side of any such tramway. 55. In the event of any road authority forming, making, or paving any road or such portion thereof as the Trust is not hereby required to repair with any material other than macadam, the Trust shall, as and when required by the road authority, at its own expense, form with such material and maintain and keep in good condition and repair to the satisfaction of the road authority so much of such road as by this Act is directed to be kept by the Trust in good condition and repair. 56. The Trust shall- 1. Except in cases of emergency, not open or break up any road or bridge, or stop any traffic, without giving at least three days' notice to the road authority: II. Not alter the level of any road without altering such level over the whole width of such road, and shall re-make the same to the satisfaction of the road authority. 57. In cases of emergency, as mentioned in the last preceding section, notice to the road authority shall be given as soon as possible after the work has been begun or the necessity for the same has arisen. 58. When the Trust shall have opened or broken up any portion of any road the Trust shall 1. With all convenient speed, and to the satisfaction of the road authority, restore the portion of the road to as good condition. as The Municipal Tramways Trust Act.—1906. as before it was opened or broken up, and remove all surplus II. Cause the place where the road is opened or broken up to be 11. Bear or pay all reasonable expenses of the repair of the road for six months after same is restored, so far as these expenses shall have been increased by such opening or breaking up. 59. The Trust shall not alter the level of any road so as to make the ascent of any main road more than one foot in thirty feet, or to make the ascent of any other public road more than one foot in twenty feet; and the Trust shall, in making any such alteration, form, make, pave the road to the level furnished by the road authority, which is hereby required to furnish to the Trust all necessary information as to the same. and 60. Every bridge erected by the Trust shall have on each side Fences to bridges. thereof a good and sufficient fence at least four feet high. 61. The Trust and the road authority may make, alter, renew, or vary contracts or arrangements with one another with respect to the paving and keeping in repair of any road or portion of any road on which there shall be a tramway. Ib. Contracts as to repair of roads. Cf. ib. 12. 62. For the purpose of making, forming, laying down, main- Provision as to gas taining, repairing, or renewing any part of their undertaking, the and water companies Trust may from time to time, where and as far as it is necessary or Ib. sec. 13. may appear expedient for the purpose of preventing frequent interruption of the carrying on of such undertaking by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of gas or water, or any wires or apparatus for the transmission of electricity or for other purposes, subject to the provisions of this Act and also subject to the following restrictions, that is to say (1) (a) Before doing such work in a road in which any mains lower PART VIII. See section 65. The Municipal Tramways Trust Act.-1906. lower or otherwise alter the position of the said mains or pipes, wires, or apparatus in such manner as may be considered necessary: (c) Any difference as to the necessity of any such lowering or alteration shall be settled in manner provided by this Act for the settlement of differences between the Trust and other persons: (d) All alterations to be made under this section shall be made— 1. With as little detriment and inconvenience to the company, person, or authority to whom such mains or pipes, wires, or apparatus may belong or by whom the same are controlled, or to the inhabitants of the district, as the circumstances will admit; and 1. Under the superintendence of such company, person, or authority, or of their surveyor or engineer, if they or he think fit to attend after receiving not less than forty-eight hours' notice for that purpose, which notice the Trust is hereby required to give: (2) The Trust shall not (a) Remove or displace any of the mains or pipes, valves, syphons, plugs, wires, or apparatus, or other works belonging to or controlled by any such company, person, or authority; or (b) Do anything to impede the passage of water or gas, or the transmission of electricty into or through such mains, pipes, wires, or apparatus without the consent of such company, person, or authority, or in any other manner than such company, person, or authority shall approve, until good and sufficient mains, pipes, wires, valves, syphons, plugs, apparatus, and other works necessary or proper for continuing the supply of water or gas or the transmission of electricity as sufficiently as the same was supplied or transmitted by the mains or pipes, wires, or apparatus proposed to be removed or displaced shall, at the expense of the Trust, have been first made and laid down in lieu thereof and ready for use, and to the satisfaction of the surveyor or engineer of such water or gas or other company, person, or authority, or, in case of disagreement between such surveyor or engineer and the Trust, as an engineer or other fit person appointed by the parties shall direct. In the event of the parties failing to agree as to such appointment, the matter in dispute shall be determined by arbitration : (3) The Trust shall not lay down any such pipes or wires contrary to the regulations of any Act relating to such water, or gas, or electric, or other company, or relating to telegraphs: (4) The |