Completion of works and reinstatement of road Repair of part of way is laid Tramways Act, 1885 or break up the road, and they shall not open or break up at any such place a greater length than one hundred yards. When the carriage way in or upon which any tramway is proposed to be formed or laid down is crossed by any railway or tramway on the level, any work which the promoters may be empowered to construct, and which affects or in anywise interferes with such railway or tramway, or the traffic thereon, shall be constructed and maintained under the superintendence (at the cost of the promoters) and to the reasonable satisfaction of the person, corporation, or company owning such railway or tramway. 20. When the promoters have opened or broken up any portion of any road, they shall be under the following further obligations, namely: (1) They shall with all convenient speed and in all cases within four weeks at the most (unless the road authority consent otherwise in writing) complete the work on account of which they opened or broke up the same, and (subject to the formation, maintenance, or renewal of the tramway) fill in the ground and make good the surface, and to the satisfaction of the road authority restore the portion of the road to as good condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling material or rubbish occasioned thereby; (2) They shall in the meantime cause the place where the road is opened or broken up to be properly fenced and watched, and to be properly lighted at night, and they shall be responsible for all or any accidents that may occur through their neglect of this; (8) They shall bear or pay all reasonable expenses of the repair of the road for six months after the same is restored, as far as those expenses are increased by the opening or breaking up. If the promoters aforesaid fail to comply in any respect with the provisions of the present section, they shall for every such offence (without prejudice to the enforcement of specific performance of the requirements of this Act or to any other remedy against them) be liable to a penalty not exceeding Twenty pounds, and to a further penalty not exceeding Five pounds for each day during which any such failure continues after the first day on which such penalty is incurred. 21. The promoters shall, at their own expense, at all times road where tram- maintain and keep in good condition and repair, with such materials and in such manner as the road authority shall direct, and to their satisfaction, so much of any road whereon any tramway belonging to them is laid, as lies between the rails of the tramway and (where two tramways are laid by the same promoters in any road at a distance of not more than four feet from each other) the portion of the road between the tramways, and in every case so much of the road as extends eighteen inches beyond the rails of and on each Tramways Act, 1885 side of any such tramway. If the promoters abandon their undertaking, or any part of the same, and take up any tramway or any part of any tramway belonging to them, they shall with all convenient speed, and in all cases within four weeks at the most (unless the road authority otherwise consent in writing) fill in the ground and make good the surface, and to the satisfaction of the road authority restore the portion of the road upon which such tramway was laid to as good a condition as that in which it was before such tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work, and they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and properly lighted at night, in the same manner as prescribed in Clause 20 of this Act. Provided always, that if the promoters fail to comply with the provisions of this section, the road authority may themselves, if they think fit, at any time after seven days' notice to the promoters, open and break up the road, and do the works necessary for the repair and maintenance or restoration of the road, to the extent in this section above mentioned, and the expense incurred by the road authority in so doing shall be repaid to them by the promoters. gas and water companies, &c. 22. Before laying down a tramway in a road in which any Provision as to mains, or pipes, tubes, wires, or apparatus, may be laid, the promoters shall, whether they contemplate altering the position of any such mains, or pipes, wires, or apparatus, or not, give seven days' notice to the company, person, or persons to whom such mains, or pipes, tubes, wires, or apparatus may belong or by whom they are controlled, of their intention to lay down or alter the tramway, and shall at the same time deliver a plan and section of the proposed work. If it should appear to any such company or person that the construction of the tramway as proposed would endanger any such main, or pipe, tube, wire, or apparatus, or interfere with, or impede the supply of water, gas, or electricity, or other communication, such company or person (as the case may be) may give notice to the promoters to alter the position of the said main, or pipe, tube, wire, or apparatus in such a manner as may be considered necessary, and any difference as to the necessity of any such alteration shall be settled in manner provided by this Act for the settlement of differences between the promoters and other companies or persons, and all alterations to be made under this section shall be made with as little detriment and inconvenience to the company or person to whom such mains, or pipes, tubes, 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 under the superintendence of such company or person or of their engineer or surveyor if they or he think fit to attend after receiving not less than forty-eight hours' notice for that purpose, which notice the promoters are hereby required to give. And in no case shall the promoters remove or displace or in any way interfere with any of the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus, or any other works belonging to or controlled by any corporation, company, person or persons, without the consent of such corporation, company, person or persons, or in any other manner than such corporation, company, person or persons shall For protection of sewers, &c. Rights of authorities, &c., to open roads Tramways Act, 1885 approve, or until good and sufficient mains or pipes, valves, syphons, plugs, tubes, wires or apparatus, and other works necessary or proper for continuing the supply, communication, or service as sufficiently as the same was supplied by the mains or pipes, valves, syphons, plugs, tubes, wires or apparatus proposed to be displaced or removed shall at the expense of the promoters have first been made and laid down in lieu thereof and ready for use to the satisfaction of the corporation, company, person or persons respectively, or in case of disagreement between the promoters and such corporation, company, person or persons as the Commissioner of Railways or an agent appointed by him for the purpose shall direct. The promoters shall make good all damage done by them to. property belonging to or controlled by any such corporation, company, person or persons, and shall make full compensation to all parties for any loss or damage which they may sustain by reason of any interference with such property, or with the private service pipes, wires or drains of any person. If by any such operations as aforesaid the promoters interrupt the supply of water, gas, or electricity in or through any main, main pipe or wire, they shall be liable to a penalty not exceeding Twenty pounds for every day upon which such supply shall be interrupted. 23. Where in any district any tramway or any work connected therewith interferes with any sewer, drain, water-course, sub-way, defence or work in such district, or in any way affects the sewerage or drainage of such district, the promoters shall not commence any tramway or work until the proper authority shall have signified their approval to the same, unless such authority do not signify their approval, disapproval, or other directions within fourteen days after service of the proper notice and particulars as to the proposed works; and the promoters shall comply with and conform to all reasonable directions and regulations of the said authority in the execution of the said works, and shall provide by new, altered, or substituted works in such manner as such authority shall reasonably require for the proper protection of and for preventing injury or impediment to the sewers or works hereinbefore referred to, by or by reason of the tramways, and shall save harmless the said authority against all and every expense to be occasioned thereby and all new, altered, or substituted work as aforesaid, or any works or defence connected therewith, shall be completed under the direction of the authority at the cost, charges, and expenses in all respects of the promoters, under the provisions of this Act, and the same shall thereafter be as fully and completely under the direction, jurisdiction, and control of the said authority, and be maintained by them as any sewers or works. 24. Nothing in this Act shall take away or abridge any power to open or break up any road along or across which any tramway is made, or any other power vested in any local authority for any of the purposes for which such authority is constituted or in any company, body or person, for the purpose of laying down, repairing, removing, or altering any pipe for the supply of gas or water, or any tubes, wires, or apparatus for telegraphic or other purposes, or any sewer, drain, watercourse, sub-way or defence in such district: but in the exercise of Tramways Act, 1885 such power every such local authority, company, body or person shall (1) They shall cause as little detriment or inconvenience to the (2) Before they commence any work whereby the traffic on (3) They shall not be liable to pay to the promoters or lessees (4) Whenever for the purpose of enabling them to execute Difference between promoters and local 25. If any difference arises between the promoters or lessees on the one hand, and any local authority or any gas or water company, or any corporation, company, person or persons, to whom any sewer, authority, &c. drain, tube, main, wire, or apparatus may belong, or any other company, on the other hand, with respect to any interference or control exercised or claimed to be exercised by them or him, or on their or his behalf, or by the promoters or lessees by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceeding of the local authority, body, company or person, or with respect to the propriety of or the mode of execution of any work relating to any tramway, or with respect to the amount of any compensation to be made by or to the promoters or lessees, or on the question whether any work is such as ought reasonably to satisfy the local authority, body, corporation, company or person concerned, or with respect to any other subject or thing regulated by or comprised in this Act, the matter in difference shall (unless otherwise specially provided by this Act) be settled by the Commissioner of Railways, or by some person nominated by him, and the expenses of the reference shall be borne and paid as the said Commissioner of Railways may direct. 26. The promoters of tramways authorised by special Act and their lessees may use on their tramways cars or carriages with flanged wheels or wheels suitable only to run on the rail prescribed by such Act: and, subject to the provisions of such special Act and of this Act, the promoters and their lessees shall have the exclusive use of their Power for promoters to use carriages on tramways flanged wheeled Tramways to be removed in certain cases Tramways Act, 1885 tramways for carriages with flanged wheels or other wheels suitable only to run on the prescribed rail. All carriages used on any tramway shall be moved by the power prescribed by the special Act, and where no such power is prescribed, by animal power only. No carriage used on any tramway which is hereafter authorised by special Act shall be worked until it shall have been examined and approved by the Commissioner of Railways, or an officer appointed by him for the purpose. No engine, motor, or mechanical appliance for the haulage of cars or carriages on any tramway which is hereafter authorised by special Act shall be used until it shall have been examined and approved by the Commissioner of Railways or an officer appointed by him for the purpose; and further, at all times the said Commissioner or his agents shall have free access to any of the depôts, sheds, workshops, &c., of the promoters or lessees, to examine or inspect any engine, motor, mechanical appliance, carriage or cars, used on the tramways; and any that he may consider unfit or likely to endanger the safety of the public shall be altered or renewed as he may think fit, but his failure to do so shall in nowise remove or lessen any responsibility of the promoters or lessees for any accident that may happen or occur. 27. If at any time after the opening of any tramway in any district for traffic the promoters discontinue the working of such tramway, or of any part thereof, for the space of two calendar months (such discontinuance not being occasioned by circumstances beyond the control of such promoters, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control), and such discontinuance is proved to the satisfaction of the Commissioner of Railways, the Governor may, if he think fit, by order declare that the powers of the promoters in respect of such tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the said powers of the promoters shall cease and determine unless the same are purchased by the local authority. Where any such order has been made the local authority of such district may at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Commissioner of Railways, remove the tramway or part of the tramway so discontinued, and the promoters shall pay to the local authority the cost of such removal and of the road by the local authority, such cost to be certified by the clerk for the time being or by some other authorised officer of the local authority, whose certificate shall be final and conclusive; and if the promoters fail to pay the amount so certified within one calendar month after delivery to them of such certificate or a copy thereof, the local authority may without any previous notice to the promoters (but without prejudice to any other remedy which they may have for the recovery of the amount) sell and dispose of the materials of the tramway or part of tramway removed, either by public auction or private sale, and for such sum or sums, and to such person or persons as the local authority may think fit, and |