scious), promoters were not likely to spend much Chap. I. money even on horse tramways, still less on expensive systems of mechanical traction. But since the legislation referred to below, the purchase clauses of Provisional Orders and Acts have frequently been modified so as to postpone the time of purchase and to impose more equitable terms on local authorities.

A "tramway," then, which originally meant, presumably, a "beam way," a track for vehicles composed of two parallel beams, can now only be defined as a line of rails and its appurtenances to which Tramways Act, 1870, applies, a definition neither illuminative nor satisfactory in form.

It may be conjectured that, but for the introduction of mechanical traction, all lines of rails laid on public roads would still be subject to this tramway code without modification. Indeed, this was the only code existing in Great Britain for years after other progressive nations had developed systems of mechanical traction.

But in 1896 a great step in advance was made by the passing of the Light Railways Act, 1896 (59 & 60 Vict. c. 48). "Light railways" had previously been referred to in some of the Irish Acts already alluded to, and Regulation of Railways Act, 1868, ss. 27-29, had provided that the Board of Trade might license the construction or working of a railway as a light railway, subject to conditions and regulations imposed by them. Such regulations were not to authorise a greater weight than eight tons on any pair of wheels, or a greater speed than twenty-five miles an hour. None of these Acts contains a definition of "light railway," neither does the Act of 1896.

The Act of 1896 created an entirely new body, the Light Railway Commissioners, with powers which should cease, unless extended, at the end of 1901. Their powers have in fact been extended from year to year since that date. They hear applications

Chap. I.

for Light Railway Orders and objections thereto, and make the Orders accordingly. These Orders are subject to modification and confirmation by the Board of Trade, after the Board have heard such objectors as may still persist in their objection, or such fresh objectors as may have appeared upon the scene. After such confirmation the Order has effect as if enacted by Parliament. Thus by this Act the Legislature has delegated to non-Parliamentary bodies the absolute power to legislate for light railways. confirming Act is needed, as in the case of a Provisional Order under Tramways Act, 1870. In certain cases, however (sect. 9), the Board of Trade may express the opinion that the nature of the scheme demands its submission to Parliament, and by refusing to confirm the Order leave the promoters to proceed by Bill.

No

The Act places no limitation on what a Light Railway Order may contain; it merely specifies (sect. 11) what kind of clauses it will be most usual and desirable to insert. It does not hamper promoters as Tramways Act, 1870, does. An application may be made by any local authority, except a parish council, singly or jointly (with certain limitations, see sect. 3), or by any company or person, with or without the consent of the local authorities. The promoters, however (sect. 7 (1)), have to satisfy the Commissioners that they have taken all reasonable steps for consulting the local and road authorities and the owners and occupiers who are affected by their scheme. Thus the local authorities have no power to veto a light railway scheme, though their dissent will always have a powerful influence on the decision of the Commissioners (e).

Again, the Act does not prohibit compulsory purchase of land; indeed, it provides (sect. 11 (a)) for the incorporation of all or any of the provisions of the

(e) See note (q) to sect. 7 of the Act.

Lands Clauses Acts, while forbidding variations of Chap. I. the compulsory purchase sections of those Acts, other,

of course, than the variations made by sects. 13 (1) and 14 of the Act itself (ƒ).

Lastly, there is no provision for any special terms of compulsory purchase, or, indeed, any purchase at all by local authorities; that is left, by sect. 11 (1), entirely to the discretion of the Commissioners and the Board of Trade. The Act further introduces for the first time in Great Britain the advance of money by a local authority or the Treasury, and the free grant of money by the Treasury for the purpose of light railways. But it is not, like Tramways Act, 1870, a Clauses Act for light railways; the proper clauses and other details are left to the Commissioners and the Board.

After the passing of the Act, the problem at once presented itself: What is a light railway within the meaning of this Act? Is it a thing in the nature of a railway or in the nature of a tramway, or both, or neither? It is a remarkable circumstance that the Act itself contains no definite answer to the question. The defect was to have been removed by a clause in the abortive Light Railways Bill of 1901. The Commissioners decided, under the advice of the Law Officers, that the Act was intended to cover not only schemes in the nature of railways if they were "light,” whatever that might mean (probably limited in respect of load or speed, or both), but also schemes in the nature of tramways where lines were proposed wholly or mainly along public highways. Later on, they even approved of a lift worked by water tanks as a "light railway."

Thus it has become the practice to divide light railway schemes into three classes, A, B, and N, that is to say, light railways of the railway pattern, light

(ƒ) See note (x) to sect. 11.

Chap. I. railways of the tramway pattern, and neutrals; and Light Railway Orders are of two distinct types in consequence. They refuse, however, somewhat illogically, to consider schemes for tramways which are to be situated wholly within one borough or urban district (g). Neither will they permit their powers to collide with any Parliamentary or proposed Parliamentary schemes (g). But, with these exceptions, their attitude towards proposals is one of extreme liberality; they pay strict attention to the fact that the Act is expressed to be "An Act to facilitate the Construction of Light Railways in Great Britain."

The only subsequent legislation which need be noted here consists of the Military Tramways Act, 1887 (50 & 51 Vict. c. 65), and the Naval Works Act, 1899 (62 & 63 Vict. c. 42), s. 2, which provide special methods for the authorisation of military and naval tramways, and which are printed post, pp. 287, 296; and of the Private Legislation Procedure (Scotland) Act, 1899 (62 & 63 Vict. c. 47), which provides, in Scotland, a special procedure by Provisional Order for persons who would otherwise have promoted a private Bill in Parliament (post, p. 310).

We therefore have at the present time two parallel codes for tramways and light railways. The later code covers railways which are constructed along a track of their own as well as street railways, but, as far as street railways are concerned, the two codes cover exactly the same subject-matter. Whether Parliament will take in hand a substantial codification of the two codes depends on matters which have no connection with tramways or light railways. In the Metropolis, the report of the Royal Commission on London Traffic will probably lead to the placing of some legislative restriction on metropolitan schemes. But, apart from the anomaly of the co-existence of

two codes, the present position is not entirely unsatis- Chap. I. factory. The two codes only come into actual collision with one another in minor matters, such as Workmen's Compensation (see post, pp. 253, 255). In most respects, inasmuch as the Board of Trade has the ultimate control of the details under both codes, it is found that the two codes, by a process of reciprocal attrition, and in consequence of this single control of the Board of Trade, have gradually become assimilated to one another. The Orders made for light railways of Class B are substantially the same as the Provisional Orders made under Tramways Act, 1870, if there be added to the latter the general provisions of Tramways Act, 1870, which, being of universal application to all tramways, are not repeated in each separate Order. And both sets of Orders approximate very closely to the ordinary provisions of the special Acts authorising tramways. Again, the regulations issued by the Board of Trade for the use of mechanical power are issued in the same form for tramways and for light railways of Class B.

The promoter, then, may at present pursue one of three courses, and his selection must be determined by circumstances :—(i) He may apply for a Provisional Order under Part I. of Tramways Act, 1870 (a procedure now much more frequently adopted by local authorities than by private promoters); (ii) he may promote a private Bill under Standing Orders which substantially embody the provisions of Part I. of that Act, or, in Scotland, he may petition the Secretary for Scotland for a Provisional Order under Private Legislation Procedure (Scotland) Act, 1899; (iii) he may apply to the Light Railway Commissioners for a Light Railway Order.

If there is no opposition to the scheme, or if the opposition be such that it can probably be disposed of before the Board, he will choose the first mode of procedure, on account of its comparative inexpensive