Application to Tramroads. issued and accepted, and are held by shareholders, who, or whose executors, administrators, successors, or assigns, are legally liable for the same; (4.) That interest do not accrue in favour of any shareholder for any time during which any call on any of his shares is in arrear; (5.) That the aggregate amount to be so paid for interest be estimated and stated in the Order, and be not deemed capital within General Order 102; (6.) That notice of the Company having power so to pay interest be given in every prospectus, advertisements, or other document of the Company inviting subscriptions for shares, and in every certificate of shares; and (7.) That the half-yearly accounts of the Company do show the amount on which, and the rate at which, interest has been paid; and the Company may be authorised by the Provisional Order to pay interest accordingly, but not further or otherwise, and the Commissioners shall report whether or not they have allowed such interest. 123. The following clause shall be inserted in every Railway Provisional Order by which a new company is proposed to be incorporated; The directors appointed by this Order shall continue in office until the first ordinary meeting to be held after the passing of the Act confirming the Order, and at such meeting the shareholders present, personally or by proxy, may either continue in office the directors appointed by this Order, or any number of them, or may elect a new body of directors or directors to supply the places of those not continued in office, the directors appointed by this Order being, if they continue qualified, eligible as members of such new body. 124. A clause shall be inserted in every Railway Provisional Order by which any money is authorised to be raised, prohibiting the Company from paying out of such money the Deposits required by Standing or General Orders to be made for the purposes of any application to Parliament for a Bill or Provisional Order for the construction of another Railway. 125. The foregoing Orders, No. 101 and Nos. 107 to 124 inclusive, shall apply mutatis mutandis to Tramroads, Tramroad [168a.][1336.] Companies, and Tramroad Provisional Orders. Traffic Acts, 126. In every Provisional Order for the construction of a Application Tramroad of Railway gauge, and intended to communicate of Railway with a Railway, a Clause shall be inserted that the provisions of and Canal the Railway and Canal Traffic Act, 1854,* and of the Railway &c., to and Canal Traffic Acts, 1873,† and 1888,+ shall apply to the pany as if they were a Railway or Canal Company, and to the Tramroad to be authorised by the Order as if such Tramroad were a Railway or Canal. 127. In every Tramroad Provisional Order the length of so much of any Tramroad as is to be constructed along any street or road, or upon any street or road, or upon any waste or open ground by the side of any street or road, shall be set forth in miles, furlongs, chains, and links or yards, or decimals of a chain, in the Clause describing the works. Tramroads. [168c.] [1330.] Length of Tramroad or road to along street be stated. [169.] [133d.] 128. The following Clause shall be inserted in all Railway Clause as to Provisional Orders; Nothing herein contained shall be deemed or construed to exempt the Railway by this Order or the said recited Acts [or Orders] authorised to be made from the provisions of any General Act relating to Railways now in force, or which may hereafter pass during this or any future Session of Parliament, or from any future revision and alteration, under the authority of Parliament, of the maximum rates of fares and charges authorised by this Order [or by the said recited Acts or Orders]. 129. In every Railway Provisional Order and Tramway Provisional Order the length of each Railway and Tramway shall be set forth in miles, furlongs, chains, and yards, or decimals of a chain, in the Clause describing the works, with a statement in the case of each Tramway whether it is a single or double line. Two lines of Tramways running side by side shall be described as a double line. 130. No powers shall be given to any local authority to construct, acquire, take on lease, or work, any tramway, or portion of tramway beyond the limits of their district, unless such tramway or portion of tramway is in connection with the tramway belonging to or authorised to be constructed, acquired, or worked, by the local authority, and unless Commissioners shall determine that, having regard to the special local circumstances such construction, acquisition, taking on lease, or working, ought to be sanctioned. In every case in which Commissioners shall so determine, they shall specify what portion of the tramway will be situate beyond the district of the local authority to which the power of construction, acquisition, or taking on lease is given, and shall insert a clause for the protection of the local authority of the district in which such tramway or portion of tramway will be 17 & 18 Vict. c. 31. +36 & 37 Vict. c. 48. + 51 & 52 Viet. c. 25, Railway [168b.] [132.] Length of Railway and Tramway to be set forth. [170.] [131.] No powers for construc tion, acquitaking on lease of tramway to be given to a local authority beyond the limits of districts ex sition, or cept under special local circumstan ces. [170a.] [133.] Where a local autho- enter into Commis sioners to Clauses of * situate in the terms mutatis mutandis of Section 43 of the Tramways Act, 1870, except that Commissioners may, if they think fit in the special circumstances of the case, substitute a period not exceeding forty-two years for the period of twentyone years mentioned in that section. 131. Where a local authority are empowered to work any tramways belonging to, or authorised to be constructed or acquired by them, Commissioners may, if they think fit under the special circumstances of the case, empower the local authority to enter into agreements for running powers over any tramways in connection with the tramways so worked or to be worked by them, and the expenses of the exercise of such powers shall, in the event of deficiency in the tramway account, be defrayed out of a local rate, as defined by the Tramways Act, 1870. Provided that in any such case Commissioners shall make provision (1.) That no such agreement shall have effect until approved by the Board of Trade. (2.) That all enactments, bye-laws, and regulations relating to the use of or the running of carriages upon the tramways, and the taking of tolls and charges therefor, shall, so far as applicable, extend and apply mutatis mutandis to, and shall be observed by the local authority exercising such running powers; (3.) That such running powers shall in no case be exclusive, and shall cease unconditionally at the expiration of seven years from the date of the agreement; (4.) That further agreements for the exercise of such running powers may be made from time to time with the approval of the Board of Trade for any period not exceeding seven years, provided that such powers shall cease unconditionally at the expiration of the period for which the same are given; (5.) That all questions in dispute as to the construction of or arising in consequence of such agreements shall be determined by arbitration. And Commissioners shall state the circumstances specially in their report. Local Government Provisional Order. 132. In the case of any Provisional Order promoted by or conferring powers on a Town Council or Burgh Commissioners, or other local authority or public body having powers of local government or rating, Commissioners shall consider the clauses. * 32 & 34 Vict. c. 78. of the Provisional Order with reference to the following reference to matters; various matters affecting (a) Whether the Provisional Order gives powers relating Local to Police or Sanitary Regulations in conflict with, devia- Government tion from, or excess of, the provisions or powers of the or rating. general law; (b.) Whether the Provisional Order gives powers which may be obtained by means of Bye-laws made subject to the restrictions of General Acts already existing; (c.) Whether the Provisional Order assigns a period for repayment of any loan or for the redemption of any charge or debt under the Order exceeding the term of sixty years which term Commissioners shall not in any case allow to be exceeded, or any period disproportionate to the duration of the works to be executed or other objects of the loan, charge or debt; (d.) Whether the Provisional Order gives borrowing powers for purposes for which such powers already exist or may be obtained under General Acts, without subjecting the exercise of the powers under the Provisional Order to approval from time to time by the proper Government Department. And Commissioners shall report specially In what manner any Clauses relating to the several matters aforesaid have been dealt with by Commissioners; and Whether any Report from any Government Department relative to the Provisional Order has been referred to Commissioners; and If so, in what manner the recommendations in that Report have been dealt with by Commissioners; and Any other circumstances as to which, in the opinion of Commissioners, it is desirable that information should be given. Houses of the Labouring Classes. 133. In the case of very Provisional Order which gives, revives, or extends power to take land compulsorily or by agreement, clauses shall be inserted (1) Providing that the promoters shall not, in the exercise of such power, purchase or acquire in any district [173a.] Provisions with respect Clause for defining limits of Cemetery, Burial Ground, or within the meaning of the Public Health (Scotland) Act, 1897, ten or more houses, occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers, unless and until (a.) They shall have obtained the approval of the Secretary for Scotland to a scheme for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Secretary for Scotland shall, after inquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons, and all the other circumstances of the case; and (b.) They shall have given security to the satisfaction of the Secretary for Scotland for the carrying out of the scheme. (2.) Imposing adequate penalties on the promoters in the event of houses being acquired or appropriated for the purposes of the Provisional Order in contravention of the foregoing provisions; (3.) Providing that the expenses or any part of the expenses incurred by the Secretary for Scotland under this Order shall be defrayed by the Promoters of the Provisional Order, or out of moneys to be raised under the Provisional Order; and (4.) Conferring on the promoters and on the Secretary for Scotland respectively any powers that may be necessary to enable full effect to be given to the said scheme. Expressions defined in Order 38 have the same meanings in this Order. Burial Grounds, Cemeteries, Gas, and other Works. 134. In every Provisional Order for making or constructing Gas Works or Sewage Works, or Works for the manufacture or conversion of the residual products of gas or sewage, or for making or constructing, altering or enlarging any Sewage Farm, Cemetery, Burial Ground, Crematorium, Destructor or Gas Works, Hospital for Infectious Disease, there shall be inserted a Clause defining the lands in or upon which such Gas Works, Sewage Works, Farm, Cemetery, Burial Ground, Crematorium, Destructor, or Hospital may be made or constructed. &c. [187] [189.] |