First Meeting of Sharehold ers, and Manage certify, under the Provisions contained in the Fortieth Section of the Companies Clauses Consolidation Act, 1845a, that all such Capital has been subscribed for bond fide, and is held by Subscribers or their Assigns, and for which such Subscribers or their Assigns are legally liable. xviii. Every such Order shall prescribe the Time within which the First General Meeting of the Shareholders shall be held; and may prescribe or provide for any such Thing rement, &c., of lating to the Constitution, Management, Rights, Powers, or be regulated Duties of the Company as is ordinarily prescribed or proby the Order vided for in a Special Act authorizing the Construction of a in Council. Railway and incorporating a Company for that Purpose". Company, to xix. Every such Company, and no other, shall be deemed to be a Tramway Company within the Meaning of this Act; and (subject to the other Provisions of this Act) the Companies Clauses Consolidation Act, 1845, shall apply to every Tramway Company, and shall be incorporated with the Order constituting it, and (subject as aforesaid) the Lands Clauses Consolidation Act, 18454, the Railways Clauses Consolidation Act, 1845, and the Railways Act (Ireland), 1851°, shall apply every Tramway authorized by any Order (whether a Tramway Company is thereby constituted or not), and shall be incorporated with every such Order'. to 8 Vic. c. 16, § 40: Hand-book, VI, p. 74. b From 1840 (when general legislation as to Railways had only begun, although special legislation had been going on for many years previously,) to 1864, there have been about 1,665 special Railway Acts, a perusal of which, especially those of later years, may enable the reader to collect what "is ordinarily prescribed or provided for in" such acts; and some assistance in regard to the rather vague but comprehensive provisions of this section may perhaps be derived from the Orders of Parliament, containing standing requirements in regard to some of the provisions of such acts. Most of the matters alluded to are, nevertheless, the subject of analogous enactments in the present act; as § xviet seq.. and Schedules. The general Railway Acts, &c., are elsewhere incorporated with this act or orders under it; see § xix, xxiii, xli, xlvi, and xlviii. i.e., every Company duly constituted and regulated by the order in Council under the previous sections. d. The Lands Clauses Consolidation Act, 1845, (8 Vic. c. 18) is amended by the act of 1860, 23 & 24 Vic. c. 106, which is to be taken with it; but special provision is made in regard to Ireland by 14 & 15 Vic c. 70 (1851,) amended by 23 & 24 Vic. c. 97 (1860). See all these acts in the Hand-book and Supplement. 14 & 15 Vic. c. 70 (1851.) amended by 23 & 24 Vic. c. 97 (1860); see § 8 of latter act:-Hand-book, XX, and Supplement, XXXVIII. But see § xxiii (p.442) as to provisions directed to be excepted from such incorporation; and giving power to vary or except" any other provisions of any of these acts. And see § xlvi (p. 452,) under which a Schedule-full of other acts are made to apply to Tramways under this act; in addition to which there are acts amending them, but not mentioned. tion of Acts incorporated Special ""Undertak xx. In the Construction of the said Acts, in connection with Interpretaany such Order,The Expression "the Special Act," used in the said Acts, with Order: shall be taken to mean or apply to any such Order as Act;" and when confirmed by Act of Parliament; The Expressions "the Undertaking" and "the Railway,' ing;" used in the said Acts, shall be respectively taken to mean "Railway,’ or apply to the Tramway and Works by such Order or "Tramauthorized; The Expression "the Company," used in the said Acts, "Company;" shall be taken to mean, as to the Companies Clauses Consolidation Act, 1845, a Tramway Company, and as to the said other Acts, the Persons or Person or Body Corporate or Company authorized by any such Order to make a Tramway; way;" and the said Acts shall be read as if the Board of Works Board of Works for were therein named instead of "the Board of Trade," and as "Board of if Dublin were therein named instead of London. a Trade;" Section of any Alterations to be depo xxi. It shall not be lawful for the Persons authorized to "London." make a Tramway under this Act, to begin to make the same, Plan and without first depositing, in like Manner as a Plan and а Sec- authorized tion are herein-before required to be deposited, a Plan and Section (prepared in like Manner as the original Plan and sited before Section) of all such Alterations from the original Plan and Section as shall be authorized by the Order in Council, and without also first furnishing a Duplicate thereof to the Board of Works. Tramway is begun. Section fur Works to be 14 & 15 Vict. xxii. For the Purposes of the Application of the Railways Plan and Act (Ireland), 1851, to a Tramway under this Act, any Map, nished to Plan, Book of Reference, and Section, furnished to the Board Board of of Works under this Act, shall be sufficient; and the same suficient for shall be used and proceeded on in lieu of the Maps or Plans Purposes of and Schedules of Lands, Works, and Names by the last-men- c. 70. tioned Act required. Such Estimates, and such Draft Award, and Copies thereof and of Parts thereof, as are by the same Act required, shall be deposited in like Manner as Plans and other Documents are herein-before required to be deposited, aie., with Secretaries of Grand Juries, County Surveyors, and Clerks of Unions (§ ii, p. 434; § vi, p. 436); and Board of Works, § ix, p. 437. b§ ix, xxi. e 14 & 15 Vic. c. 70 (1851) § 4; Hand-book, XX, p. 302–3. a Ibid, § 4, 9; p. 302, 305. Excepted Acts. and not otherwise; and the Terms of Notice of Deposit to be published under that Act shall be altered accordingly. xxiii. The Provisions of the said Acts directing Deposits to incorporated be made with Clerks of the Peace (except the Provisions relative to Access to the Special Act) and with Clerks of Poor Law Unions and Postmasters", and the Provisions with respect to the Crossing of Roads and other Interferences therewith (other than the Provisions of the Railways Clauses Consolidation Act, 1845, Sections 65, 66, 67), and the Provisions with respect to the Use of Locomotive Engines or other Moving Power, not being Animal Powerf, shall be excepted out of the Incorporation herein before made; and it shall be lawful for the Lord Lieutenant in Council, in and by any such Order, if the Circumstances of the Case appear so to require, to vary or except any of the Provisions of any of the said Acts. Construction, way: Animal Power; Iron Rails or Streets, &c. xxiv. Every Tramway made under this Act shall be worked &c., of Tram- by Animal Power only; and shall (unless in any case the Order in Council otherwise provides) be constructed with Iron Rails or Trams, and on the Gauge of Five Feet Three Inches. Any such Tramway may be authorized to be constructed wholly or partly along or across any Post Road, Road now across Roads, or formerly a Turnpike Road, public Highway, Street, Square, Market Place, Court, Lane, Alley, Bridge, or Quay, or other public Thoroughfare, Passage, or Place whatsoever, on the Level. xxv. Any such Order in Council may prescribe the maxiCharges may mum Tolls and Rates of Charge to be taken and made for by the Order Passengers, Animals, and Things conveyed on the Tramway, not exceeding the Tolls and Rates of Charge specified in Schedule (B.) to this Act", and may make Regulations for the buted Sche. Calculation and Charging thereof; and in the Absence in any Tolls and be Regulated in Council; but not to dule to Act. a See § 8 of 14 & 15 Vic. c. 70 (1851), Hand-book, p. 304; amended by § 1 of 23 & 24 Vic. c. 97 (1860), Supplement, p. 409. b As 8 Vic. c. 20, § 7, 9, &c.; see Index to Hand-book. This appears, however, not to refer to § 13 of 5 & 6 Vic. c. 55, which is not one of the acts previously named, but is in § xlvi made to apply to tramways under the present act, where not inconsistent therewith. Express power is given by xxiv to construct Tramways along or across Roads, Streets, &c. d As 8 Vic. c. 20, § 46 et seq.: see Hand-book. e As 8 Vic. c. 20, § 114 et seq.: see Hand-book. The Tramways are to be worked by Animal Power only: see § xxiv. 8 § xix. h Schedule B; Maximum Tolls and Scale of Charges, and Regulations thereon; for Passengers, Goods, Animals, Small Parcels, and Articles of great Weight; and Regulations for Calculating Tolls;-p. 461–464. Case of any special Provisions for those Purposes, or so far as any such special Provisions shall not extend, the maximum Tolls and Rates of Charge, and the Regulations, shall be those specified in the same Schedulea. Extension, varying, en Council; xxvi. It shall be lawful for the Lord Lieutenant in Council, on the like Proceedings and Inquiry as are herein-before spe- largement of cified being taken and made, to make an Order authorizing Tramway: the varying, extending, or enlarging of any Tramway already by Order in authorized, and the Maintenance of the Tramway as and when so varied, extended, or enlarged. No such Order shall and on Conhave any Effect until confirmed by an Act of Parliament, Parliament. Proceedings for the obtaining of which shall be taken in Manner herein before provided with respect to an original Order for the making of a Tramway. firmation by Abandon may be Notice being xxvii. It shall be lawful for the Lord Lieutenant in Council, Time for by Order, when the Circumstances of any Case Completion to renappear may be exder it expedient, to extend the Time limited for the Comple- tended, or tion of a Tramway, or to authorize the Abandonment of all or ment of any Part of a Tramway: Provided always, that it shall not Tramway be lawful for the Lord Lieutenant in Council to make any authorized; such Order without Notice being given to the Owners or re- upon previous puted Owners, Lessees or reputed Lessees, and Occupiers of given, the Lands in which the Work or the Part thereof intended to be abandoned is situate, or without Notice being given to and Parties being heard. such other Persons or Authorities as the Lord Lieutenant in Council may think fit, or without hearing any Person or Authority concerned and desiring to be heard. No such Confirmation Order shall have any Effect until confirmed by an Act of Parliament, Proceedings for the obtaining of which shall be taken in manner herein-before provided with respect to an original Order for the making of a Tramway. by Parlia ment. order for xxviii. Provided always, That any Order in Council au- In case of thorizing the Abandonment of a Tramway, or any Part thereof, Abandonshall be made and take effect subject to the following Restric- ment, tions and Conditions: be mad 1. The Order shall contain such Provisions as may appear Damages to expedient for compelling the Owners of the Tramway good; to make good any Damage that may have been caused to any Post Road, Turnpike Road, public Highway, Street, Square, Market Place, Court, Lane, Alley, Bridge, or Quay, or other public Thoroughfare, Pasa Schedule B, p. 461–4. Si-xiii. e § xiv. and Lands taken may be appropriated for Highway Purposes; or Lands to revert to previous Owner. Security for by a Company not sage, or Place, by or in consequence of the making of 2. If, on the Application for the Order, it is shown to the xxix. Where the Promoters are not an existing Tramway Completion Company and a Tramway Company is constituted by the Order in Council authorizing the Undertaking, and also where the Promoters are an existing Tramway Company but way open for are not possessed of a Tramway actually open for Traffic, then and in every such Case the Promoters shall give Security for the Completion of the proposed Tramway as follows: already owning a Tram Traffic: Deposit of one-twentieth of estimated 1. Within Forty-eight Hours after the making of the Order, they shall, with the Privity of the Accountant Gene a & xv et seq. See provision at close of clause 2 of this section, for lodgment without such privity in case of the Accountant General's office being closed at the time. |