Short title. Incorporation of Acts. Interpreta. tion. or the completion of the works authorised by any order made under the above-named Act : 1. The application should be in the form of a memorial setting forth the grounds on which the application is made, and must be made at least one month before the expiration of the time prescribed for the commencement or the completion of the works, as the case may be. 2. The promoters of any tramway undertaking authorised by any order, who intend to apply to the Board of Trade for a prolongation of the time limited for the commencement or the completion of the works authorised by such order, shall publish by advertisement, once at least in two successive weeks, in some one and the same newspaper circulating in the district affected by such order, a notice of their intention to apply to the Board of Trade for an extension of time. 3. The notice must state the period to which it is proposed to prolong the time limited for the commencement or the completion of the works, as the case may be, and must contain a notification that all persons desirous of making any representation to the Board of Trade, or of bringing before them any objection respecting the application, may do so by letter addressed to the assistant secretary of the Railway Department of the Board of Trade, on or before a day to be named in the advertisement, being not less than twenty-one days from the date of the first publication of the advertisement, and that copies of their representations or objections are at the same time to be sent to the promoters. 4. A copy of this notice must be delivered to every local and road authority before the second publication of the notice. Copies of newspapers containing the notice, and a statement that copy of it has been duly served on the local and road authorities as required by these rules, must be sent to the Board of Trade with the application. 5. Before the Board of Trade comply with the application, they will impose such conditions (if any) as they think fit. Board of Trade, (Railway Department). HENRY G. CALCRAFT. The following is taken from a provisional order confirmed in 1876: 2. The provisions of The Lands Clauses Acts (except with respect to the purchase and taking of lands otherwise than by agreement, and with respect to the entry on lands by the promoters of the undertaking), and of The Tramways Act, 1870, are hereby incorporated with this order, except where the same are expressly varied by this order. 3. The several words and expressions to which by the Acts in whole or in part incorporated with this order meanings are assigned have in this order the same respective meanings. Provided that the expression "the tramways" or "the undertaking" shall mean the tramways, works, and undertaking by this order authorised. The expression "the corporation" shall mean the mayor, aldermen, and burgesses of the borough of whether acting as a local or a road authority. 4. The PROMOTERS. Company, Limited, shall be the promoters for The Prothe purposes of this order, and are in this order referred to as "the promoters." moters. 5. The promoters may, by agreement, from time to time Land by agreepurchase and acquire or take on lease such land as may be ment. necessary for the undertaking, not exceeding seven acres, and may also rent or take on lease such easements over lands, tenements, piers, or floating bridges, as may be necessary for the purposes of the undertaking. CONSTRUCTION OF TRAMWAYS. 6. The promoters may construct and maintain, subject to Construction the provisions of this order, and in accordance with the plans of tramways. and sections deposited for the purposes of this order (in this order referred to as "the deposited plans and sections"), the tramways hereinafter described, with all proper rails, plates, offices, weigh-bridges, stables, carriage-houses, warehouses, works, and conveniences connected therewith, or for the purposes thereof, and may work and use the same. The tramways hereby authorised to be constructed and maintained are the following: A tramway (No. 1) situate wholly in the parish of Portsea, &c. A tramway-siding or passing-place (No. 2), situate in Road, &c. [And so forth, specifying accurately the various tramways and passing-places authorised.] 7. Any tramway which may be laid in Road under the Restrictions ways: authority of this order shall be so laid that there shall be a as to tramspace of not less than nine feet six inches between the footpath and the rail of such tramway which is nearest thereto. Conditions as to tramways laid in narrow places. Conditions as to roads raised. Conditions where cabstands are removed. Promoters may be required to use improved form of rails. Penalty for not maintain ing rails and road in good condition. Tramways to Wherever, except as herein otherwise provided, any of the roads along or upon which any tramway is authorised to be laid by this order are not of the width of 21 feet at least between the kerbs, the promoters shall before laying such tramway extend the width of such road, so that such road may be 21 feet at least between the kerbs, and in every such case the roadway on each side of the tramway shall be paved by the promoters in such manner as shall be approved of by the surveyor of the road authority. Wherever for the purpose of laying the tramways according to the levels authorised by this order it becomes necessary to raise the level of any road, the promoters shall raise the road on either side of the tramways to the same level as the tramways. Wherever any cab-stand existing at the time of the passing of the Act confirming this order shall be interfered with or affected by the laying of any tramway and shall be required to be removed, the promoters shall at their own costs take up and reconstruct the same in such other position near thereto as the corporation shall determine, but with liberty to use the same materials so far as they shall be suitable for the purpose and be approved by the surveyor of the corporation. 8. The Board of Trade may from time to time, upon the application of the road anthority of any district, require the promoters to adopt and apply such improvements in any of the tramways within such district, including the rails thereof, as experience may from time to time suggest, having regard to the greater security of the public and advantage to the ordinary traffic; and the promoters shall, with all reasonable dispatch, comply with any order made by the Board of Trade for the purpose of carrying out any such improvements. 9. The promoters shall at all times maintain and keep in good condition and repair the rails of which any of the tramways shall for the time being consist, and if the promoters at any time fail to comply with this provision, or with any of the requirements of Section 28 of The Tramways Act, 1870, they shall be subject to a penalty not exceeding 51. for every day on which such act of omission continues; and such penalty may be recovered as by Section 56 of the said Act is provided. 10. If any road authority shall hereafter alter the level of any road along or across which any of the tramways is laid or be always kept on a level with authorised to be laid, the promoters may and shall from time surface of road. to time alter or (as the case may be) lay their rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered. passing-places, &c., may be made where necessary. 11. The promoters may from time to time hereafter make Additional all such crossings, passing-places, sidings, junctions and other crossings, works, in addition to those particularly specified in and authorised by this order, as may from time to time be necessary or convenient to the efficient working of their tramways, or any of them, or for providing access to any stables or carriage-sheds or works of the promoters, subject to the approval of the road authority: Provided that in the construction of any such works no rail shall be so laid that a less space than 9 feet 6 inches shall intervene between the said rail and the outside of the footpath on either side of the road, if the owner or owners or occupier or occupiers of the premises abutting on the place where such rail is proposed to be laid shall, by writing under their hand, addressed to the promoters, express their objection thereto. tramways may be made when necessary. 12. Where, by reason of the execution of any work affecting Temporary the surface or soil of any road along which any of the tramways are laid, it shall, in the opinion of the road authority, be necessary or expedient temporarily to remove or discontinue the use of any such tramway, or any part thereof, the promoters may, subject to such conditions, and in accordance in all respects with such regulations as the road authority may from time to time make, construct in the same or any adjacent road, and, with the like consent, subject to the like conditions, and in accordance with the like regulations, maintain, so long as occasion may require, a temporary tramway or temporary tramways in lieu of the tramway or part of a tramway so removed or discontinued. If any difference arises between the promoters and any road authority with respect to the reasonableness of any regulations, or with respect to the mode of constructing any temporary tramway or tramways under the authority of this section, the same shall be settled in the manner specified in Section 33 of The Tramways Act, 1870, for the settlement of differences in the said section mentioned. 13. Any paving, metalling, or material excavated by the Application of excavated in construction of works. road materials promoters in the construction of their works from any road under the jurisdiction or control of any road authority may be applied by the promoters, so far as may be necessary, in or towards the reinstating of the road, and the maintenance for six months after completion of any of the tramways within the district of such road authority of so much of the roadway on either side of such tramways as the promoters are by this order required to maintain; and the promoters shall, if so required, deliver the surplus paving, metalling, or material not used or required to be retained for the purposes aforesaid to the surveyor for the time being of the road authority or to such person or persons as he may appoint to receive the same: provided, that if within seven days after the excavation of any such paving, metalling, or material the surplus thereof as aforesaid is not removed by the said surveyor, or by some other person or persons named by him for that purpose, such surplus paving, metalling, or material shall absolutely vest in and belong to the promoters, and may be dealt with, removed, and disposed of by them in such manner as they may think fit. Any difference between the promoters and any road authority or surveyor or other person, with reference to any of the matters aforesaid, shall be determined in manner provided by The Tramways Act, 1870, with respect to all differences between the promoters and any road authority. Traffic. Tolls for passengers. TRAFFIC UPON TRAMWAYS. 14. The tramways may be used for the purpose of carrying passengers, luggage, parcels, and mail bags. TOLLS. 16. The promoters may demand and take for every passenger travelling upon any of the tramways, including tolls for the use of the tramways and the carriages, and for motive power and every other expense incidental to such conveyance, any rates or charges not exceeding twopence per mile (and for this purpose the fraction of a mile beyond an integral number of miles shall be deemed a mile): provided always, that if at any time after three years from the opening for public traffic of any of the tramways hereby authorised, it shall be represented in writing to the Board of Trade by the corporation |