For the purpose of incorporating any sections of the Tramways Act, 1870, with this Act

The terms "tramway duly authorised" and a "tramway" in such sections shall be deemed to mean a tramway authorised by a Provisional Order under this Act:

The term "promoters" in the said sections shall mean the Secretary of State.

(0) Compare the definition of "road" in Tramways Act, 1870, s. 3, and note (c) thereto.

Sect. 12.

Powers of
Admiralty

with respect
to tramways.

50 & 51 Vict. c. 65.

Short title.

respect to the construction and use of Tramways for Naval purposes.

[9th August, 1899.]

BE it enacted by the Queen'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:

2. The Admiralty shall have the same powers as a Secretary of State with respect to the construction, maintenance, working, and use of tramways, and the Military Tramways Act, 1887, shall apply accordingly as if references therein to the Secretary of State included references to the Admiralty.

The only Order which has been hitherto made under this Act is the Chittenden Naval Tramway Order, 1901, published in the London Gazette, April 12, 1901 (p. 2534), confirmed by Order in Council, July 24, 1901. Its provisions are similar to those of the Military Tramways Orders, for which see the notes to Military Tramways Act, 1887 (ante, pp. 287, 289, 291).

3. This Act may be cited as the Naval Works Act, 1899.

THE

PARLIAMENTARY DEPOSITS AND

BONDS ACT, 1892.

(55 & 56 Vict. c. 27.)

An Act to authorise the release of certain De-
posits, and the cancellation of certain Bonds,
made or given to secure the performance of
undertakings authorised by Parliament.
[27th June, 1892.]

BE it enacted by the Queen'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:

release

1.—(1.) Where in pursuance of any general or Power to special Act of Parliament, or of any rules made there- deposits. under (a), moneys or securities have been deposited with, or are standing in the name of, the PaymasterGeneral to secure the completion by any company of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf (b), the High Court may, notwithstanding anything in any such general or special Act or rules, order that the moneys or securities (in this Act called the deposit fund), or any part thereof, be applied towards compensating any landowners or other persons whose property has been interfered with or otherwise rendered less valuable by the commencement, construction, or abandonment of the undertaking, or any portion

Sect. 1.

thereof (c), or who have been subjected to injury or loss in consequence of any compulsory powers of taking property given in connexion with the undertaking (d), and have received no compensation or inadequate compensation for such injury or loss; and also, in the case of a tramway company (e), towards compensating the road authorities for the expenses incurred by them in taking up any tramway or materials connected therewith placed by the tramway company in or on any road vested in or maintainable by the road authorities, and in making good all damage caused to such roads by the construction or abandonment of the tramway (ƒ).

(2.) Subject to payment of any such compensation, and notwithstanding any provision as to forfeiture to the Crown (g), the High Court may, if a receiver has been appointed, or the company is insolvent and has been ordered to be wound up, or the undertaking has been abandoned (h), order that the deposit fund or any part thereof be paid or transferred to the receiver or to the liquidator of the company (i), or be applied as part of the assets of the company for the benefit of the creditors thereof (k).

(3.) Subject to such application as aforesaid the High Court may, after such public notice as to the Court seems reasonable (1), order that the deposit fund or any part thereof (m) be paid or transferred to the depositors or the persons claiming through or under them (n).

(4.) If any money or securities deposited with or standing in the name of the Paymaster General for the purposes of this section on or before the thirtyfirst of March one thousand eight hundred and ninety are not claimed by or on behalf of the depositors thereof within ten years after the passing of this Act, the Treasury may pay or transfer the same to the National Debt Commissioners to be applied by them towards the reduction of the National Debt.

(5.) This section shall apply to any person or body of persons authorised by Parliament or by any such certificate as aforesaid to carry out an undertaking as if he or they were a company.

(a) By Tramways Act, 1870, s. 12, the promoters, unless they are a local authority, are required to make a deposit in the manner and subject to the conditions prescribed by the Board of Trade Rules.

These Rules (XXII. to XXIV., post, p. 336) substantially embody the provisions of the present section; but it is to be observed that the present section is expressed to be applicable notwithstanding anything in the Act or Rules. Rule XXI. (p. 335) provides for a penalty in lieu of deposit, where the promoters possess a tramway already opened for public traffic.

Neither Light Railways Act, 1896, nor the Rules made thereunder require a deposit, but by sect. 11 (k) of the Act the Order may contain provisions in the case of a "new company," requiring the company to make a deposit, and providing for the time of making and the application of the deposit. Such provisions are commonly inserted, and will be found post, p. 581. They substantially conform to the present section. Where the promoters are not a "new company," a clause provides for a penalty in lieu of deposit in terms similar to Tramways Rule XXI. (see post, p. 565).

(b) It was held in Ex parte Chambers, [1893] 1 Ch. 47; 62 L. J. Ch. 78, that the Court had no jurisdiction to make an order for the repayment of a Parliamentary deposit until the time limited for the completion of the undertaking had expired, even though the company's compulsory powers for the purchase of land had expired, and the company had raised no capital nor taken any steps to acquire land, and had passed a resolution to abandon the undertaking.

Kekewich, J., in In re Dudley and Kingswinford Tramways Co. (1893), W. N. 162; 63 L. J. Ch. 108, held that the only evidence of non-completion which the Court could accept, on an application for the payment out of a deposit, was a notice purporting to be published by the Board of Trade under Tramways Act, 1870, s. 18. This decision has now, however, been overruled by Attorney-General v. Bournemouth Corporation, [1902] 2 Ch. 714; 71 L. J. Ch. 730 (C. A.).

An application for the return of a deposit is vacation business. (In re Wigan Junction Railway Act, 1875 (1875), L. R. 10 Ch. 541; 44 L. J. Ch. 774.)

(c) "Commencement, construction, or abandonment" must be read disjunctively, and compensation may be awarded out of the deposit for injury due to any of the three causes mentioned. The measure of injury due to abandonment is determined by a comparison of the value of the estate immediately before and imme

Sect. 1.