Preamble. PRECEDENT OF AN ORDER FOR A LIGHT RAILWAY OF CLASS A. (See note (d) to sect. 1 of the Act.) [NOTE.-No model form of Order is issued by the Commissioners or the Board of Trade; this and the following forms have therefore been compiled from recent Orders.] WHEREAS and in pursuance of the Light Railways Act 1896 duly made in an application (hereinafter referred to as "the application of 19 ") to the Light Railway Commissioners for an Order to authorise the construction of the light railways hereinafter described [or of light railways including the light railways hereinafter described] [and also made in an amending application (hereinafter referred to as "the application of 19 ") for an Order to authorise additional light railways including the light railways hereinafter described as railways Nos. [Additional Powers. And whereas the said respectively] (a). have with the consent of the local and road authorities applied for powers to construct or thereabouts in length in under the heading of the second application) and have amended the plans sections (a) See sect, 24 of the Act and note (a) to sect. 7. and book of reference originally deposited in respect of the second application by the addition of further plans sections and book of reference in respect of the said additional line of railway and have deposited the same with the Board of Trade and have given due notice thereof by advertisement and no objection thereto has been received by the said Commissioners] (b). [Wharncliffe Meeting. And whereas the proprietors of the company at a meeting specially called for the purpose on the of day at which the draft Order was submitted to them duly assented to the making of the said application] (c). [Advances by Local Authorities.-And whereas the county council of (hereinafter referred to as "the county council") and the mayor aldermen and burgesses of the borough of referred to as "the corporation ") and the (hereinafter district council of have in pursuance of special resolutions respectively passed in manner directed by the first schedule of the Light Railways Act 1896 applied to the Commissioners for authority to advance for the purpose of the light railway sums not exceeding in the whole six thousand pounds eight thousand pounds sixteen hundred pounds and five hundred pounds respectively And whereas the proposed light railway will be either wholly or partly outside the area of each of the local authorities [excepting the county council] who have agreed to apply for power to advance money for the purpose of the light railway and in accordance with section three of the Light Railways Act 1896 it has been proved to the Board of Trade in the case of each of those authorities that the advance by the authority is expedient in the interests of the area of the authority and the Board are also of opinion that in the case of each authority the amount of the advance limited by this Order will not exceed such amount as will bear due proportion to the benefit which may be expected to accrue to the area of the authority from the construction and working of the light railway] (d). [Treasury Grant.-And whereas the Treasury have agreed subject to the fulfilment of certain conditions to grant the sum of seven thousand pounds for the said purpose And whereas the Railway Company have agreed to construct and work the said light railway in accordance with the provisions in that behalf in this Order contained] (e). [Common Lands. And whereas certain lands described as common lands are in the said applications proposed to be taken for the purpose of the said light railways And whereas it is provided in the said Act that no such lands shall be taken except with the consent of the Board of Agriculture And whereas such consent has been given subject to (b) See note (a) to sect. 7 of the Act. (c) See Light Railways Rule XXXIII. and note thereto. (d) See sects. 53a to 53j of this Order. (e) See sect. 5 of the Act and notes thereto, and sect. 53j of this Order. the provisions hereinafter contained in relation to the taking of common lands) (e). Now we the Light Railway Commissioners being satisfied after local inquiry of the expediency of granting the said application[s] do in pursuance of the said Act and by virtue and in exercise of the powers thereby vested in and of every other power enabling us in this behalf ORDER as follows: : PRELIMINARY. Short title. Interpretation. Incorporation of Acts. 19 1. This Order may be cited as "The Light Railway Order " and shall come into force on the date on which it is confirmed by the Board of Trade and that date is hereinafter referred to as "the commencement of this Order." 2. Words and expressions to which by the principal Act or any Acts in whole or in part incorporated with this Order meanings are assigned have in this Order (unless the context otherwise requires) the same respective meanings and in this Order The expression "the company" means the company incorporated by this Order [or the Company]; The expression " the principal Act" means the Light Railways The expression "the railway" means the railways and works. The expressions "the plan""the section" and "the book of county urban district or rural district commissioners trus- 3.-(1.) Subject to the provisions of this Order the Companies Clauses Consolidation Act 1845 Part I. (relating to cancellation and surrender of shares) and Part III. (relating to debenture stock) of the Companies Clauses Act 1863 as amended by subsequent Acts the Lands Clauses Acts as varied by the principal Act the Railways Clauses Consolidation Act 1845 (except the sections thereof numbered respectively 11 to 15 25 to 29 46 to 48 all included 59 60 63 and 64) and sects. 7 to 12 both included and Part III. (relating to working agreements) of the Railways Clauses Act 1863 are hereby (e) See sect. 21 of the Act and notes thereto. incorporated with this Order and sect. 19 of the Regulation of Railways Act 1868 and the Regulation of Railways Act 1889 (except paragraphs (a) and (b) of sect. 1 and sect. 4) are hereby made applicable to this Order. (2.) In the construction of the incorporated provisions of the Railways Clauses Consolidation Act 1845 and the Railways Clauses Act 1863 the following variations in addition to those enacted by the principal Act shall have effect for the purpose of this Order (that is to say):— (a) A reference in those Acts to the said Act of 1845 shall be construed as a reference to the sections thereof incorporated (b) Sects. 7 8 9 10 and 162 of the Railways Clauses Consolidation (c) Sects. 18 to 23 both included of the Railways Clauses Consolidation Act 1845 shall have effect as if any local authority were included within the meaning of the words company or society" used therein except that any penalties recovered under sect. 23 aforesaid shall be appropriated to that fund of the local authority to which their revenues in respect of water or gas (as the case may be) are appropriated; (d) Any matter with respect to The construction of the railway and the works connected therewith; The temporary occupation of lands near the railway during the construction thereof; The crossing of roads or other interference therewith; Works for the accommodation of lands adjoining the railway; and Mines lying under or near the railway which under the provisions of the Railways Clauses Consolidation Act 1845 may be settled by arbitration or determined or ordered by a justice or by two justices may be referred to and shall be determined by arbitration under this Order (9). (9) For the Scots equivalents of the Clauses Acts, see sect. 26 (7) of the Act and notes thereto. For the variations of the Lands Clauses Acts, see the Act, sects. 11 (a), 13 (1) and 14, and notes. As to the incorporation of the Clauses Acts, see sect. 11 (a) of the Act. As to the incorporation of the other Acts mentioned in this section, see the Act, sect. 11 (b), and Sched. II., and notes. Company incorporated. First and subsequent meetings. Quorum for a general meeting. Number of directors. Qualification of directors. Quorum of directors. First directors. INCORPORATION OF COMPANY (h). 4. A., B., C. [or the Company] and all other persons and corporations who have already subscribed to or shall hereafter become proprietors in the undertaking and their executors administrators successors and assigns respectively are hereby united into a company for the purpose of making and maintaining the railway and for other the purposes of this Order and for those purposes are hereby incorporated by the name of the “ Light Railway Company" and by that name shall be a body corporate with perpetual succession and a common seal and with power to purchase take hold and dispose of lands and other property for the purposes of this Order. 5. The first ordinary meeting of the company shall be held within six months after the commencement of this Order and the subsequent ordinary meetings of the company shall be held once or more often in every year as the directors may appoint. 5a. The quorum for a general meeting of the company whether ordinary or extraordinary shall be five shareholders present in person or by proxy holding together not less than one-twentieth of the share capital of the company. 6. The number of the directors shall be five but the company may vary the number provided that the number be not less than three nor more than seven. 7. The qualification of a director shall be the possession in his own right of not less than two hundred and fifty (i) pounds in the share capital of the company. 8. The quorum of a meeting of the directors shall be three. 9. A., B., C. [or A. and other persons to be nominated by him] shall be the first directors of the company and shall continue in office until the first ordinary meeting held after the commencement of this Order. At that meeting the shareholders present in person or by proxy may either continue in office the directors appointed by this Order or nominated as aforesaid or any of them or may elect a new body of directors or directors to supply the place of those not continued in office the directors appointed by this Order or nominated as aforesaid being if they continue qualified eligible for re-election. At the first ordinary meeting to be held in every year after the first ordinary meeting the shareholders present in person or by proxy shall (subject to the power herein before contained for varying the number of the directors) elect persons to supply the places of the directors then retiring from office agreeably to the provisions of the Companies Clauses Consolidation Act 1845 (k) and the several persons elected at any such meeting being neither removed nor disqualified (h) See sect. 11 (e) of the Act and note (c) thereto. (i) See note (c) to sect. 11 of the Act. () In Scotland the Companies Clauses Consolidation (Scotland) Act, 1845. |