under their Management, or any Part thereof, they may remit an Engineer to to their Surveyor, or to any Engineer to be named by them, to prepare Plans of Tramways prepare Plans of the proposed Tramways, showing the Extent and Estimate thereof, and the Mode in which the same are to be formed, and of Expense. the Portions of the Roads to be occupied thereby, with an Estimate of the Expense of such Tramways; and such Plans and Estimate of Expense shall be lodged with the Clerk, for the Inspection of the Trustees, at least One Month previous to the General or Special Meeting before which the same are to be laid. Estimate to be 5. The Plans and Estimate of Expense prepared by such Plans and Surveyor or Engineer shall be laid before any General Meeting laid before of the Trustees convened under the Provisions of the General General or Turnpike Road Act for Scotland, First and Second William Special Meetthe Fourth, Chapter Forty-three, or of any Local Act under ing of Trustees. which the Trustees are appointed and acting, or before a Special Meeting of the Trustees to be called in the Manner provided by the said General Turnpike Road Act; and the Trustees present at such General or Special Meeting may approve or disapprove of such Plans and Estimate of Expense, or may direct such Alterations to be made thereon as they may deem necessary, and may resolve to proceed or not to proceed with the Formation of the Tramways as they may think fit. be laid down Plans. according to form Part of Roads. 6. On such Plans and Estimate being finally approved by Tramways may the Trustees at any General or Special Meeting, as the Case may be, it shall be lawful for the Trustees to form and lay down the Tramways in the Manner described on such Plans and on the Roads included therein, or on the Sides of such Roads. 7. The Tramways shall be laid down on the Surface of the Tramways to Roads or on the Sides thereof, and shall form Part of the Roads, and, subject to the Provisions of this Act, all the Enactments of the said General Turnpike Road Act, and of any Local Act relating to the Road on which the Tramways are laid down, shall be applicable to the Tramways, in the same Manner and to the same Effect as such Enactments are applicable to such Roads. 8. The Expense of forming and laying down the Tramways, Expense of and incidental thereto, shall be defrayed out of the Tolls and forming and maintaining Revenues of the Roads under the Management of the Trustees, Tramways, or out of Money to be borrowed on the Credit of such Tolls how to be and Revenues; and it shall be lawful for the Trustees to defrayed. borrow Money for the Purpose of defraying such Expense, and to grant Assignations of such Tolls and Revenues in Security of the Payment of the Money so to be borrowed, in the Manner provided by the said General Turnpike Road Act, any Provision or Restriction with respect to the Power of borrowing Money contained in any Local Act relating to such Roads to the contrary notwithstanding; and the Expense of maintaining, managing, and repairing the Tramways shall be defrayed by the Trustees out of the Tolls and Revenues of such Roads: Provided that it shall not be lawful for the Trustees to apply any Tolls for Use any Part of such Tolls and Revenues in defraying the Expense 9. It shall be lawful for the Trustees, with the Powers and Trustees may compound for ways. 10. It shall be lawful for the Trustees to compound and agree, for any Term not exceeding One Year at any One Time, Tolls on Tram with any Person or Company using the Tramways or any Part thereof exceeding One hundred Yards in Length, for the passing of his or their Carts, Waggons, or Carriages over the Tramways: Provided that such Compositions and Agreements shall be subject to all the Provisions with respect to Compositions for Tolls contained in the Fifty-third Section of the said General Turnpike Road Act. Trustees may tions for Use of Tramways. 11. The Trustees may make such Regulations for and with make Regula- respect to the Use of the Tramways as they think fit; and such Regulations shall be published by printed Copies thereof being affixed on Boards to be set up at each End of the Tramways or at the Toll Gates nearest thereto; and every Person who commits any Breach or Contravention of such Regulations Regulations shall be liable to a Penalty not exceeding Five With respect to the Formation of Tramways on Statute 12. In the event of any Application being made to the Tramways may Trustees of any Statute Labour Road by any Person or Com- be formed on pany desiring to form Tramways on such Road, the Trustees Statute Labour may, at any General or Special Meeting convened under the Provisions of the General Statute Labour Road Act for Scotland, Eighth and Ninth Victoria, Chapter Forty-one, or of any Local Act under which the Trustees are appointed and acting, authorize such Person or Company to form the Tramways; and on such Authority being granted it shall be lawful for such Person or Company, at his or their own Expense, to form and lay down the Tramways to such Extent, in such Manner, and on such Terms as shall be agreed upon and approved by the Trustees or their Surveyor 13. The Tramways shall be laid down on the Surface of the Tramways to Roads or on the Sides thereof, and shall form Part of the form Part of Roads, and may be used by all Carts, Waggons, and Carriages Roads. passing over the Roads; and, subject to the Provisions of this Act, all the Enactments of the said General Statute Labour Road Act and of any Local Act relating to the Roads on which the Tramways are laid down shall be applicable to the Tramways, in the same Manner and to the same Effect as such Enactments are applicable to such Roads; and the Expense of maintaining, managing, and repairing the Tramways shall be defrayed by the Trustees out of the Funds and Revenues under their Management, or by the Person or Company by whom the same were laid down, or jointly by the Trustees and such Person or Company, as may be agreed upon. 14. The Trustees may make such Regulations for and with respect to the Use of the Tramways as they think fit; and before taking effect such Regulations shall be published by printed Copies thereof being affixed on Boards to be set up at each End of the Tramways; and every Person who commits any Breach or Contravention of such Regulations shall be liable to a Penalty not exceeding Five Pounds for each Offence; and such Penalties may be sued for, imposed, and recovered in the Manner provided by the said General Statute Labour Road Act. Trustees may make Regulaof Tramways. tions for Use 15. It shall be lawful for the Person or Company by whom Tramways may the Tramways on any Statute Labour Road were laid down, or be removed. his or their Heirs or Successors, and they are hereby required to take up and remove the same at such Time as shall have been agreed on with the Trustees: Provided that on the Tramways being so removed the Road on which the same were laid down shall, to the Satisfaction of the Trustees or their Surveyor, be restored by such Person or Company, or his or [No. 31. Price 2d.] Hh their Tramways not to be laid down in Burghs without Con sent of Magis trates and Council. Tramways to be kept in constant good Order, and Trustees may acquire Right to them when proposed to be removed. 24 & 25 VICT. their Heirs or Successors, at his or their own Expense, to the same State and Condition, as nearly as may be, in which such Road was at the Time of laying down the Tramways. 16. Nothing in this Act contained shall authorize the Trustees to form or lay down Tramways. within the Municipal or Parliamentary Boundaries of any Royal or Parliamentary Burgh, without the Consent in Writing of the Magistrates and Council of such Burgh first had and obtained. 17. The Person or Company by whom the Tramways on any Statute Labour Road shall have been laid down, and their Heirs and Successors, shall maintain such Tramways, while unremoved, in constant good Order for Traffic at the Sight and to the Satisfaction of the Surveyor; and when they shall propose to remove the same as aforesaid, the Trustees shall be entitled to acquire all Right therein belonging to such Person or Company, or their Heirs and Successors, on Payment to them of such Sum as the same may be valued at by Valuators agreed on by the Trustees and such Person or Company, or their Heirs and Successors, or, failing such Agreement, by any Valuator or Valuators appointed by the Sheriff of the County on the Application of either Party. CAP. LXX. An Act for regulating the Use of Locomotives on Turnpike and other Roads, and the Tolls to be levied on such Locomotives and on the Waggons and Carriages drawn or propelled by the same. 6 6 [6th August 1861.] WHEREAS the Use of Locomotives is likely to become common on Turnpike and other Roads: And whereas the General Turnpike and Highway Acts and many of the Local Turnpike Acts do not contain any Provisions for regulating the Use of Locomotives on the Roads to which they respectively apply, nor do they authorize the levying of Tolls upon or in respect of any Locomotive using the Roads, or upon or in respect of any Waggon or Carriage drawn by Locomotives: And whereas under and by virtue of certain Local Turnpike Acts Tolls may be levied upon Locomotives ⚫ and other Engines drawing or propelling Waggons or Carriages, or upon the Waggons or Carriages so drawn or propelled, which are or may be prohibitory of the Use of Locomotives on the Roads to which the said Acts respectively apply: And whereas the Weighing Clauses in the General Turnpike Acts have not been framed in anticipation of Traffic by Locomotives, and are in many respects ill adapted to the profitable carrying of Goods, or to the levying of just and adequate Tolls upon Waggons or Carriages drawn by Locomotives: And whereas it is desirable that the Use of Locomotives on Turnpike and other Roads should be regulated by uniform general Provisions, and that Tolls should be • levied levied upon such Locomotives and the Waggons or Carriages 'drawn by such Locomotives upon Turnpike Roads: Be it therefore 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: 1. From and after the passing of this Act, all Trustees, Corporations, Commissioners, and other Persons acting under and in execution of any existing General or Local Turnpike Road Act or Public Bridge Act shall demand and take Tolls not exceeding the Tolls following; that is to say, For every Locomotive propelled by any Power, containing within itself the Machinery for its own Propulsion, such a Toll for every Two Tons Weight or fractional Part of every Two Tons Weight that such Locomotive shall weigh as shall be equal to the Toll or Tolls by their respective Acts made payable for every Horse drawing any Waggon, Wain, Cart, or Carriage with Wheels of a Width similar to those of such Locomotive; or in the Case of a Toll by any such Act made payable being charged on the Horse or Horses drawing any such Waggon, Wain, Cart, or Carriage, without reference to the Width of the Wheels thereof, then such a Toll for every Two Tons or fractional Part thereof that such Locomotive shall weigh as shall be equal to One Horse drawing such Waggon, Wain, Cart, or Carriage; which Tolls respectively shall be payable so often as Tolls made payable as aforesaid for such Waggon, Wain, Cart, or Carriage shall be payable at the same Gate: Provided always, that if the Wheels of such Locomotive shall rest upon any Shoe or other Bearing the Surface of which shall bear upon the Ground so as to prevent the Wheels coming in contact therewith, such and the same Tolls only shall be demanded and payable as if the Wheels thereof were of a Width similar to such Shoe or Bearing: For every Waggon, Wain, Cart, or Carriage drawn or propelled by any Locomotive, for each Pair of Wheels thereof such a Toll as shall not exceed the Toll by their respective Acts made payable for Two Horses drawing any Waggon, Wain, Cart, or Carriage with Wheels of a similar Width, and for every additional Wheel thereof One Half Toll in addition to the said Toll; or in the Case of a Toll by any such Act made payable being charged on the Horse or Horses drawing any such Waggon, Wain, Cart, or Carriage, without reference to the Width of the Wheels thereof, then such a Toll for each Wheel as shall be equal to One Horse drawing such Waggon, Wain, Cart, or Carriage; which said Toll or Tolls shall be payable so often as the Toll made payable as aforesaid for such Waggon, Wain, Cart, or Carriage drawn by Horses shall be payable at the same Gate: Hh 2 Provided |