Board of Trade Rules. Purchase of land. General instructions. tion. Where there is a road authority distinct from the local authority, a description of such road authority must also be given. 8. Where an application is made by any local authority, it must be ac companied by a certified copy of the resolution approving of the intention to make the application, together with a copy of the notice convening the special meeting to consider it. Proof must also be furnished that the requisite proportion of members constituting the local authority were present and voted at the meeting, as prescribed in Part III. of Schedule A to the Tramways Act, 1870. 9. Where an application is made by any promoters, not being the local authority of the district in which the tramway is proposed to be laid, evidence of the consent required by section 4 of the Tramways Act, 1870, must be given before the application can be entertained. Such evidence should be given by furnishing a certified copy of the resolution passed at a meeting of the local or road authority, as the case may be, at which the application was approved, together with a copy of the notice convening the meeting, which notice must contain a statement that the subject of the proposed tramway will be brought before the meeting. 10. Where the promoters propose to take any lands for the purpose of a tramway, contracts for the purchase of all the lands required must be produced at the time when the proofs of compliance with the provisions of the Tramways Act concerning deposit and publication are produced. 11. The draft Provisional Order must be printed on one side of the page of paper, so as to leave the back of the page blank, and any schedule annexed must begin a new page. The name of the promoters, or of their agents, must be printed on the outside of every draft Provisional Order. 12. The regulations below, Nos. 16 to 18 inclusive, must be printed in the form of a notice at the end of every draft Provisional Order. 13. The promoters will be required to pay a fee of 351. towards the expenses of the Provisional Order at the time of the deposit of the draft Provisional Order. This payment will not be taken to cover the cost of inquiries or other matters arising out of the application; with respect to costs in such matters, security must be given from time to time by the promoters as the Board of Trade may require. 14. The draft Provisional Order, which is to be deposited at the Board of Trade on or before the 23rd December, must be deposited in triplicate. Where the promoters are a company incorporated under the Companies Act, 1862, the draft deposited at the Board of Trade must be accompanied by a printed copy of the Memorandum of Association, Articles of Associa tion, and any registered special resolution of the Company; and when they are a Company incorporated in any other manner, the draft must beaccompanied by a copy of every deed or instrument of settlement or incorporation, or Act of Parliament relating to the Company. The length of each tramway must be given in miles, furlongs, and chains in the clause describing the works. 15. The promoters must be prepared to prove compliance with the provisions of the Tramways Act concerning deposit and publication by the 10th January. Six days' notice will be given of the day and hour at which the promoters are to attend for the purpose at the Board of Trade. Printed forms of proof will be supplied, which should be filled up by the promoters, and brought with the requisite documents to the Board of Trade at the time fixed for proof. 16. Any objections to the Provisional Order which it is intended to urge on the Board of Trade must be sent in to that office before the 15th January. A copy of such objection must also be sent at the same time to the promoters; and in forwarding the objections to the Board of Trade the objectors, or their agents, should state that this has been done. 17. The Bill for confirming Provisional Orders will be brought in as early in the session as possible. All preliminary questions must, however, be determined before the 1st March. 18. All memorials, objections, and other documents sent to or deposited with the Board of Trade must be on common foolscap paper. 19. When an order has been granted, and before it is introduced into the confirming Bill, the promoters will be required to submit to the Board General of Trade the receipt of the clerk of the peace or sheriff clerk, or to prove instructions. by affidavit the deposit of the order with such officer as required by Part IV. of Schedule B of the Tramways Act, 1870. They must also produce a copy of the local newspaper containing the advertisement of the order, and prove that the advertised order is a correct copy of the order delivered by the Board of Trade for publication, and that a sufficient number of printed copies of the order have been deposited for sale at the office named in the original notice, and the price for which they may be obtained. 20. After the Provisional Order is ready, and before the same is de- Deposit. livered by the Board of Trade, the promoters shall pay as a deposit a sum of money not less than five per centum on the amount of their estimate of the expense of the construction of the tramway, as follows; namely, Where the tramway or any part thereof will be situate in England, into the Bank of England in the name and with the privity of the Accountant General of the Court of Chancery in England (now Her Majesty's Paymaster-General): Where the tramway will be situate wholly in Scotland, either into the 21. The Board of Trade may issue their warrant to the promoters for such payment into court, which warrant shall be a sufficient authority for the persons therein named, or the majority or survivors of them, to pay the money therein mentioned into the bank therein mentioned, in the name and with the privity of the officer therein mentioned, and for that officer to issue directions to such bank to receive the same, to be placed to his account there ex parte the tramway therein mentioned, according to the method (prescribed by statute, or general rules or orders of court or otherwise) for the time being in force respecting the payment of money into the said courts respectively, and without fee or reward. Provided, that in lieu, wholly or in part, of the payment of money, the promoters may bring into court as a deposit an equivalent sum of bank annuities, or of any stocks, funds, or securities on which cash under the control of the respective court is for the time being permitted to be invested, or of exchequer bills (the value thereof being taken at the price at which the promoters originally purchased the same, as appearing by the broker's certificate of that purchase); and in that case the Board of Trade shall vary their warrant accordingly by directing the transfer or deposit of such amount of stocks, funds, securities, or exchequer bills by the persons therein named. 22. At any time when the office of the Accountant General of the Court of Chancery (Paymaster-General) is closed, a deposit under these rules may nevertheless be made, in the manner and subject to the regulations provided with respect to deposits by companies by sect. 88 of the Lands Clauses Consolidation Act, 1845. 23. Where money is so paid into the Court of Chancery, the court may, on the application of the persons named in the warrant of the Board of Trade, or of the majority or survivors of them, order that the same be invested in such stocks, funds, or securities as the applicants desire and the court thinks fit. 24. In the subsequent provisions of these Rules, the term "the deposit fund" means the money deposited, or the stocks, funds, or securities in which the same is invested, or the bank annuities, stocks, funds, securities, or exchequer bills transferred or deposited, as the case may be; and the term "the depositors" means the persons named in the warrant of the Board of Trade authorizing the deposit, or the majority or survivors of those persons, their executors, administrators, or assigns. 25. The court in which the deposit is made shall, on the application of the depositors, order the deposit fund to be paid or transferred to the applicants, or as they direct, if, within the time by the Provisional Order prescribed, and if none is prescribed, then within two years front the com Deposit. Opening of tramways. mencement of the operation of the Provisional Order, the promoters thereby empowered to make the tramway complete it, and open it for public traffic: Provided, that if within such time as aforesaid any portion of a line of tramway authorized by a Provisional Order is opened for public traffic, the said court shall, on production of a certificate, purporting to be signed by a secretary or assistant secretary of the Board of Trade, that such portion has been opened, and specifying the proportion of the deposit fund to be so paid, order a proportionate amount of the deposit fund to be paid to the depositors or as they direct. 26. If the promoters empowered by the Provisional Order to make the tramway do not within the time in the Provisional Order prescribed, and if none is prescribed, then within two years from the commencement of the operation of the Provisional Order, complete the tramway, and open it for public traffic, then and in every such case the deposit fund, or so much thereof as shall have been repaid to the depositors. shall from and after the expiration of the time aforesaid, be applicable, and after due notice in the London or Edinburgh Gazette, as the case may require, shall be applied towards compensating all road authorities for the expense incurred by them in taking up any tramway or materials connected therewith placed by the promoters in or on any road vested in or maintainable by such road authorities respectively, and in making good all damage caused to such roads by the construction or abandonment of such tramway, and shall be distributed in satisfaction of such compensation in such manner and in such proportions as to the Court of Chancery in England, or Court of Exchequer in Scotland, may scem fit; and if no such compensation shall be payable, or if a portion of the said deposit fund shall have been found sufficient to satisfy all claims in respect of such compensation, then the said deposit fund, or such portion of it as may not be required as aforesaid, shall either be forfeited to Her Majesty, and shall accordingly be paid, transferred, or delivered out to or for the account of Her Majesty's Exchequer, in such manner as the court in which the deposit is made thinks fit to order, on the application of the solicitor of Her Majesty's Treasury, on notice to such parties (if any) as the court thinks fit, and the deposit fund, when so paid, or transferred, or the proceeds thereof, shall be carried to and form part of the Consolidated Fund of the United Kingdom; or in the discretion of the court, if the promoters are a company, and such company is insolvent, or has been ordered to be wound up, or a receiver has been appointed, shall wholly or in part be paid or transferred to such receiver, or to the liquidator or liquidators of the company, or be otherwise applied as part of the assets of the company for the benefit of the creditors thereof. 27. The depositors shall be entitled to receive payment of the interest or dividends from time to time accruing on the deposit fund while in court; and the court in which the deposit was made may from time to time, on the application of the depositors, make such order as seems fit respecting the payment of the interest or dividends accordingly. 28. If either House of Parliament refuse to confirm any Provisional Order in respect whereof a deposit has been made under these rules, or authorize a portion only of any tramway comprised in such order, or if any such Provisional Order be withdrawn before the same is confirmed by Parliament, the court shall, upon production of a certificate to that effect purporting to be signed by a secretary or assistant secretary to the Board of Trade, order the deposit fund, or a proportionate part thereof, as the case may be, to be paid to the depositors, or as they shall direct. 29. The issuing in any case of any warrant or certificate relating to deposit or to the deposit fund, or any error in any such warrant or certificate or in relation thereto, shall not make the Board of Trade, or the person signing the warrant or certificate on their behalf, in any manner liable for or in respect of the deposit fund, or the interest of or dividends on the same, or any part thereof respectively. 30. Any application under these rules to the Court of Chancery shall be made in a summary way by petition. 31. The promoters shall give to the Board of Trade fourteen days' notice in writing of their intention to open any tramway, and such tramway shall not be opened for public traffic until an inspector appo'nt d by the Board of Trade has inspected the same, and the Board of Trade has ce:tified that it is fit for such traffic. Board of Trade, Railway Department, 13th August, 1872. Extract from the Standing Order of the House of Lords. Wherever plans, sections, or books of reference are deposited in the case of an application to any public department for a Provisional Order or certificate, duplicates of the said documents shall at the same time be deposited in the office of the Clerk of the Parliaments. Extract from the Standing Order of the House of Commons. Wherever plans, sections, or books of reference are deposited in the case of an application to any public department for a Provisional Order or certificate, duplicates of the said documents shall at the same time be deposited in the Private Bill Office. 33 & 34 Vict. The 46th section empowers the local authority to make Tramway bye-laws regulating the rate of speed and other matters bye-laws. in connection with the tramways. The following bye-laws c. 78, s. 46. in this respect have been adopted by the Metropolitan Board of Works: 1. The rate of speed to be observed for tramway traffic shall in no case exceed nine miles an hour; nor shall it be less than six miles an hour; excepting on inclines and curves of a radius of sixty feet and under. 2. No carriage using a tramway shall follow another carriage using the same tramway at a less distance from such other carriage than one hundred yards. 3. No carriage using a tramway shall stop, except at junctions or terminal stations, or, when necessary, to preserve the distance required by the byelaw No. 2, or when changing horses, or when required to take up or set down a passenger, and then no longer than is absolutely necessary. No carriage using a tramway shall stop within ten yards of another carriage on a parallel line of tramway. 4. No person shall in any way wilfully impede or interfere with the traffic on a tramway. 5. No driver of an omuibus or other stage carriage other than a carriage using a tramway shall stop to take up or set down a passenger except as close to the kerb as possible. 6. Any person infringing any of the foregoing bye-laws shall be subject to a penalty not exceeding forty shillings for each offence. C. Interpreta 18 & 19 Vict. c. 70, s. 3. THE PUBLIC LIBRARIES ACTS, 1855, 1866, 1871. (18 & 19 VICT. c. 70; 29 & 30 VICT. c. 114; 33 & 34 VICT. c. 71.) THE Public Libraries Act, 1855, 18 & 19 Vict. c. 70, for further promoting the establishment of free public libraries and museums in municipal towns, and for extending it to towns governed under Local Improvement Acts, repealed that of 1850, 13 & 14 Vict. c. 65, but the repeal does not invalidate or affect anything already done in pursuance of the latter Act. In the construction of the Act of 1855, the following tion of terms. words and expressions shall, unless there be something in the subject or context repugnant to such construction, have the following meanings assigned to them respectively; that is to say, "parish" shall mean every place maintaining its own poor; "vestry" shall mean the inhabitants of the parish lawfully assembled in vestry, or for any of the purposes for which vestries are holden, except in those parishes in which there is a select vestry, elected under the 59 Geo. III. c. 12, or under the 1 & 2 Wm. IV. c. 60, or under the provisions of any Local Act of Parliament for the government of any parish by vestries, in which parishes it shall mean such select vestry, and shall also mean any body of persons, by whatever name distinguished, acting by virtue of any Act of Parliament, prescription, custom, or otherwise, as or instead of a vestry or select vestry; "ratepayers" shall mean all persons for the time being assessed to rates for the relief of the poor of the parish; "overseers of the poor" shall mean also any persons authorized and required to make and collect the rate for the relief of the poor of the parish, and acting instead of overseers of the poor; "Board" shall mean the Commissioners, trustees, or other body of persons, by whatever name distinguished, for the time being in office, and acting in the execution of any Improvement Act, being an Act for draining, cleansing, paving, lighting, watching, or otherwise improving a place, or for any of those purposes; "improvement rates" shall mean the rates, tolls, rents, income, and other moneys whatsoever, which, under the provisions of any such Improvement Act, shall be applicable for the general purposes of such Act. |