Sect. 6. tramways. 6. The Secretary of State may work and use the As to use of tramways and may use on the tramways carriages with flange wheels or wheels suitable only to run on the rail prescribed by the Provisional Order; and, subject to the provisions of the Provisional Order and of this Act, the Secretary of State shall have the exclusive use of the tramways for carriages with flange wheels or other wheels suitable only to run on the rail so prescribed. All carriages used on any tramway shall be moved by the power prescribed by the Provisional Order; and where no such power is prescribed by animal power only. Whenever the Provisional Order authorises the use of electricity as a motive power, or otherwise, in connexion with any tramway, such provisions shall be inserted in the Provisional Order as are proper for the protection of the telegraphs of Her Majesty's Postmaster General. If any person, except under the authority of a Provisional Order made by the Board of Trade under this Act, uses any of the tramways or any part thereof with carriages having flange wheels or other wheels suitable only to run on the rail of such tramway, such person shall for every such offence be liable to a penalty not exceeding twenty pounds (e). (e) Compare Tramways Act, 1870, ss. 34 and 54. 7. Any Provisional Order may contain such provi sions as to the Board of Trade may seem necessary or proper, imposing penalties on any persons injuring, obstructing, or trespassing on any of the tramways, or any carriages used thereon, or in any way contravening any of the provisions of such Provisional Order (f). the (f) The Orders apply sects. 49 and 50 of Tramways Act, 1870, and also provide penalties for wilful injury to or trespass upon tramway, engines or carriages. State may use of steam power. 8. The Secretary of State may, with the approval Sect. 8. of the Board of Trade, from time to time make, and Secretary of when made rescind, annul, or add to, such byelaws make byeand regulations with regard to the traffic on and the laws as to use of the tramways on which steam or any mechanical or mechanical power may be used under the authority of any Order made under this Act, as to the Secretary of State and to the Board of Trade may seem necessary or proper for securing to the public all reasonable protection against danger in the use on the tramways of such steam or mechanical power. Any such byelaws or regulations may impose penalties for any offence against the same. All byelaws and regulations made under the authority of this section shall be signed by the Secretary of State and by a secretary or an assistant secretary of the Board of Trade, and when so signed the same shall be deemed to be duly made in accordance with the provisions of this Act (g). (g) The Orders provide that the Secretary of State shall cause notice of any by-laws or regulations made under this section to be published in such manner as the Board of Trade direct. The Lydd and Shoeburyness Orders also contain provisions as to the proof of orders, certificates, by-laws and regulations. provisions as 9. Any penalties imposed by any Provisional Order, General byelaw, or regulation made under the authority of this to penalties. Act shall not exceed five pounds for each offence, or in the case of a continuing offence, five pounds for the first day, and one pound for every additional day during which the offence continues. Any penalties incurred under this Act, or under any Provisional Order, byelaw, or regulation made thereunder, may be recovered in manner provided by section fifty-six of the Tramways Act, 1870. and confirma 10.-(1.) When a Provisional Order has been made Publication by the Board of Trade on the application of the tion of Secretary of State under this Act, it shall be published order. Provisional Sect. 10. in the "London Gazette" (h), and in such other manner by deposit and advertisement as to the Board of Trade may seem proper, but it shall not be of any effect unless confirmed as herein-after provided. (2.) Where within one month after the publication of the Provisional Order in the "London Gazette," and of such other publication or advertisement as the Board of Trade may direct, a petition against it by any local or road authority within whose district it is proposed by the Provisional Order to authorise the construction of any tramways or by the owner or occupier of any land which the Secretary of State is authorised to acquire by the Provisional Order has been received by the Board of Trade, and is not withdrawn, the Provisional Order shall require the confir mation of Parliament, and the Board of Trade may, if they think fit, in such case, at any time after the expiration of such month, procure a Bill to be introduced into either House of Parliament for an Act to confirm such Provisional Order, which shall be set out at length in the schedule to the Bill (i). If, while any such Bill is pending in either House of Parliament, a petition is presented against any Provisional Order comprised therein, a Bill, so far as it relates to the Order petitioned against, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Bill for a special Act (k). The Act of Parliament confirming a Provisional Order under this Act shall be deemed a Public General Act. (3.) Where at the expiration of one month after the publication of a Provisional Order in the "London Gazette," and of such other publication or advertisement as the Board of Trade may direct, no such petition against it has been received by the Board of Trade, or where every such petition that may have been presented has been withdrawn, the Board of Trade may, if they think fit, submit such Provisional Sect. 10. Order for confirmation to Her Majesty in Council, and it shall be lawful for Her Majesty to confirm such Provisional Order by Order in Council (h), and thereupon such Provisional Order shall be of full force and effect in the same manner in all respects as if it had been confirmed by Act of Parliament (1). (4.) The Board of Trade, on the application of the Secretary of State, may from time to time revoke, amend, extend, or vary such Provisional Order by a further Provisional Order to be confirmed in manner provided by this section (m). (h) See note to sect. 3. (i) There has hitherto been no opposition to a Military Tramways Order, and this procedure has not yet been followed. (k) See Tramways Act, 1870, s. 14, and notes thereto, and the discussion of locus standi, ante, pp. 12 sqq., the principles of which will apply to the present matter. (1) Contrast Tramways Act, 1870, whereby (sect. 14) every Provisional Order has to be confirmed by Act, whether objected to in the first instance or not. A Provisional Order under sect. 11 of the present Act has to be confirmed in the same way. (m) The Shoeburyness Order of 1893 was amended by that of 1896 (see note to sect. 3). The amendment consisted in the substitution of a new scheduled agreement between the London, Tilbury and Southend Railway Co. and the Secretary of State for War for that scheduled to the former Order. Order may be 11. Where any tramway has been constructed by Provisional the Secretary of State along a road in any district, obtained the local authority of such district or any person authority, &c., (herein-after referred to as the promoters) may apply tramways. to the Board of Trade for a Provisional Order authorising the promoters to use such tramways in addition to the Secretary of State, in the same manner and subject to the same conditions so far as the same are applicable as if the promoters were applying for a Provisional Order authorising the construction of tramways under the provisions of the Tramways Act, by local for use of Sect. 11. 1870, and the said provisions shall apply accordingly: Interpretation. Provided always, that the promoters shall give to the The Board of Trade may on such application settle If the Secretary of State so desires, the Board of Trade, in lieu of providing by such Provisional Order for the user of the tramways by the promoters, shall by such Provisional Order provide for the sale of the tramways by the Secretary of State to the promoters in such manner and subject to such conditions as to the user of the tramways by the Secretary of State and otherwise as may seem expedient to the Board of Trade (n). (n) This section has not yet been put into force. 12. For the purposes of this Act, unless the context otherwise requires, terms shall have the same meaning as in the Tramways Act, 1870, provided as follows: The term "road" shall include any highway (0): |