Rules. SIR, SCHEDULE. FORM OF NOTICE TO LANDOWNERS AND OTHERS. to , We beg to inform you that application is intended to be made to the Light Railway Commisssioners for an Order anthorising a light railway from and that the property mentioned in the annexed schedule or some part thereof, in which we understand you are interested as therein stated, will be required for the purposes of the said railway, according to the line thereof as at present laid out, or may be required to be taken under the usual powers of deviation to the extent of yards on either side of the said line which will be applied for. We also beg to inform you that a plan and section of the said undertaking, with a book of reference thereto, have been or will be deposited with the clerks of the (specify county and other councils as the case may be), on or before the last day of May [or November] and that copies of so much of the said plan and section as relates to the (parish) in which your property is situate, with a book of reference thereto, have been or will be deposited for public inspection with the (clerk of the parish, district, or borough council) on or on which plan your property before the day of is designated by the numbers set forth in the annexed schedule. day of We are, &c., Schedule refeered to in the foregoing notice describing the property therein alluded to: I, the undersigned, assent to [dissent from] my property being taken for the proposed work [and my objections are that]. APPENDIX. THE CLAUSES ACTS. An order under the Light Railways Act may contain provision for the incorporation of all or of any portion of "the Clauses Acts," and this incorporation may be with such "exceptions and variations" as appear requisite subject to the proviso that the compulsory clauses of the Lands Clauses Act if incorporated are not to be varied. "The Clauses Acts" are the Lands Clauses Acts, the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Act, 1863, and the Companies Clauses Acts, 18451889. See sections 11 and 28 of the Light Railways Act, and notes thereto. THE RAILWAYS CLAUSES CONSOLIDATION ACT, 1845. (8 VICT. CAP. 20.) An Act for consolidating in one Act certain provisions usually inserted in Acts authorizing the making of Railways. 1. This Act shall apply to every railway which shall by any Act Sect. 1. which shall hereafter be passed be authorised to be constructed, and this Act shall be incorporated with such Act, and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorised thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act. 66 Undertaking " is defined in section 2, infra. This Act is only applicable to a railway under the Light Railways Act, 1896, so far as its provisions are incorporated by the order authorizing the railway. See Light Railways Act, ss. 11, 12 (1), 28. And with respect to the construction of this Act and of other Acts to be incorporated therewith, be it enacted as follows:: Interpretations in this Act 2. The expression "the special Act," used in this Act, shall be "Special construed to mean any Act which shall be hereafter passed authorizing Act:" the construction of a railway, and with which this Act shall be so incorporated as aforesaid; and the word "prescribed," used in this "pre H scribed:" Sect. 2. Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act; and the sentence in which such word shall occur shall be construed as if, instead of the word "prescribed," the expression "prescribed for that purpose in the special Act" had been used; "the lands" and the expression "the lands" shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes "the under thereof and the expression "the undertaking" shall mean the railway and works, of whatever description by the special Act authorized to be executed. taking." Interpreta The order authorising a light railway, or the order and the Light Railways Act, where the context requires it, is equivalent to "the special Act." See Light Railways Act, ss. 10, 12 (2). The word "lands" is defined in section 3, infra. A general enumeration of works to be executed will be found in section 16, post, p. 104. 3. The following words and expressions, both in this and the tions in this special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,) and the special Act: Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number: Words importing the masculine gender only shall include females: The word "lease" shall include an agreement for a lease: The word "goods" shall include things of every kind conveyed The word "month" shall mean calendar month: The expression "Superior Courts" shall mean Her Majesty's The word "county" shall include any riding or other like division Where under the provisions of this or the special Act any notice shall be required to be given to the owner of any lands, or where any Act shall be authorized or required to be done with the consent of any such owner, the word "owner" shall be understood to mean any person or corporation who, under the provisions of this or the special Act, or any Act incorporated therewith, would be enabled to sell and convey lands to the company: The expression" the Company" shall mean the company or party which shall be authorized by the special Act to construct the railway : The expression "the railway" shall mean the railway and works by the special Act authorized to be constructed: The expression "the Bank" shall mean the Bank of England, Sect. 3. where the same shall relate to moneys to be paid or deposited in "the Bank :” respect of lands situate in England. By section 3 of the Interpretation Act, 1889, in all Acts subsequent to 1850, the expression "land" includes "messuages, tenements, and hereditaments, houses, and buildings of any tenure," unless the contrary intention appears. The expressions" oath "and" affidavit" in the case of persons allowed by law to affirm or declare instead of swearing include affirmation and declaration. See the Oaths Act, 1888 (51 & 52 Vict. c. 46). 66 The "Superior Courts " are now consolidated under the title of the Supreme Court," of which "Her Majesty's High Court of Justice" and "Her Majesty's Court of Appeal" are the two divisions. They sit not at Westminster, but at the Courts of Justice. Where in any enactment the expression "Superior Courts" is used it will be understood to mean the Supreme Court." 66 the Act. 4. In citing this Act in other Acts of Parliament and in legal Short title of instrument, it shall be sufficient to use the expression "The Railways Clauses Consolidation Act, 1845." which Por in other 5. And whereas it may be convenient in some cases, to incorporate Form in with Acts hereafter to be passed some portion only of the provisions tions of this of this Act: Be it therefore enacted, that, for the purpose of making Act may be any such incorporation, it shall be sufficient in any such Act to incorporated enact that the clauses of this Act with respect to the matter so Acts. proposed to be incorporated (describing such matter as it is described in this Act in the words introductory to the enactment with respect to such matter) shall be incorporated with such Act, and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate. The descriptions thus given, which may be made use of in framing orders under the Light Railways Act, are as follows: "With respect to the construction of this Act, and of other Acts to be incorporated therewith." Sections 2 to 5, both inclusive. "With respect to the construction of the railway and the works connected therewith.' Sections 6 to 24, both inclusive. "With respect to the temporary occupation of lands near the railway during the construction thereof." Sections 30 to 44, both inclusive. "With respect to the crossing of roads or other interference therewith." Sections 46 to 67, both inclusive. "With respect to works for the accommodation of lands adjoining the railway." Sections 68 to 75, both inclusive. "With respect to mines lying under or near the railway." Sections 77 to 85, both inclusive. "With respect to the carrying of passengers and goods upon the railway, and the tolls to be taken thereon." Sections 86 to 107, both inclusive. "With respect to the regulating of the use of the railway." Sections 108 to 111, both inclusive. "With respect to leasing the railway." Sections 112 and 113. "With respect to the engines and carriages to be brought on the railway." Sections 114 to 125, both inclusive. Sect. 5. The Con the Railway visions of this Act and the Lands Clauses Con solidation Act. "With respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices." Sections 140 to 159, both inclusive. "With respect to the provision to be made for affording access to the special Act by all parties interested." Sections 162 and 163. There is also a group of sections, namely sections 126 to 137, under the description, "With respect to the settlement of disputes by arbitration," but it is presumed that these will not be incorporated in any order authorising a light railway, as by the Light Railways Act, 1896, s. 13, the Arbitration Act, 1889, is expressly applied to arbitrations for settling the purchase money or compensation to be paid, and it would seem that to incorporate these sections would be inconvenient, and might be improper being inconsistent with the Light Railways Act. See section 11, ante, p. 68. And with respect to the construction of the railway and the works connected therewith, be it enacted as follows: 6. In exercising the power given to the company by the special struction of Act to construct the railway, and to take lands for that the purpose, to be subject company shall be subject to the provisions and restrictions contained to the Pro- in this Act and in the said Lands Clauses Consolidation Act; and the shall make to the owners and occupiers of and all other company parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special Act, or any Act incorporated therewith, vested in the company; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be ascertained and determined in the manner provided by the said Lands Clauses Consolidation Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the said last-mentioned Act shall be applicable to determining the amount of any such compensation, and to enforcing the payment or other satisfaction thereof. Errors and The "said Lands Clauses Consolidation Act" is "the Lands Clauses Consolidation Act, 1845" (8 Vict. c. 18), post, p. 156. The compensation is (a.) for lands taken or used for the purposes of the railway, or (b.) injuriously affected by the contruction thereof. See the Lands Clauses Act, 1845, ss. 63, 68, post, pp. 166, 167. Section 13 of the Light Railways Act contains special provisions as to the mode of determining compensation (ante, p. 71), and it would seem, therefore, that the latter part of this section from the words "and except" to the end should not be incorporated in an order authorising a light railway. With regard to enforcing payment of an amount awarded the provisions of the Arbitration Act, 1889, would appear sufficient. See Light Railways Act, s. 13, ante, p. 71. As to compensation generally, see ante, pp. 48–55. 7. If any omission, mis-statement, or erroneous description shall Omissions in have been made of any lands, or of the owners, lessees, or occupiers Plans to be of corrected. any lands, described on the plans or books of reference mentioned in the special Act, or in the schedule to the special Act, it shall be lawful for the company, after giving ten days' notice to the owners of the lands affected by such proposed correction, to apply to two justices for the correction thereof; and if it shall appear to such justices that such omission, mis-statement, or erroneous description |