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(1.)

Description of Local Authority of District set opposite its Name.

The Commissioners.

The municipal commissioners.

The town commissioners.

The township commissioners.

SCHEDULE B.

PROVISIONAL ORDERS.
PART I.

Advertisement in October or November of intended application.
Every advertisement is to contain the following particulars :

I. The objects of the intended application.

2.

3.

4.

A general description of the nature of the proposed new works, if any.
The names of the townlands, parishes, townships, and extra-parochial
places in which the proposed new works, if any, will be made.

The times and places at which the deposit under Part II. of this
schedule will be made.

5. An office, either in London or at the place to which the intended application relates, at which printed copies of the draft Provisional Order, when deposited, and of the Provisional Order, when made, will be obtainable as herein-after provided.

(2.) The whole notice is to be included in one advertisement, which is to be headed with a short title descriptive of the undertaking.

(3) The advertisement is to be inserted once at least in each of two successive weeks in some one and the same newspaper published in the district affected by the proposed undertaking, where the proposed works (if any) will be made; or if there be no such newspaper, then in some one and the same newspaper published in the county in which every such district, or some part therecf, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county.

(4.) The advertisement is also, in every case, to be inserted once at least in the London, Edinburgh, or Dublin Gazette, accordingly as the district is situate in England, Scotland, or Ireland.

PART II.

Deposit on or before 30th November.

(1.) The undertakers are to deposit

I.

2.

A copy of the advertisement published by them.

If the application relates to gas, a map showing the land proposed to be used for the manufacture of gas, or of residual products arising in the manufacture of gas.

(a) Repealed by Local Government (Ireland) Act, 1898, s. 110. (2.), P. 479.

that Act.

See same section, proviso (a).

Reference now to

3.

A proper plan and section of the proposed new works, if any, such plan and section to be prepared according to such regulations as may from time to time be made by the Board of Trade in that behalf.

(2.) The documents aforesaid are to be deposited for public inspection— In England or Ireland, in the office of the clerk of the peace for every county, riding, or division; in Scotland, in the office of the principal sheriff clerk for every county, district, or division which will be affected by the proposed undertaking, or in which any proposed new work will be made.

(3.) The documents aforesaid are also to be deposited at the office of the Board of Trade.

I.

PART III.

Deposit on or before 23rd December.

(1.) The undertakers are to deposit at the office of the Board of TradeA memorial signed by the undertakers, headed with a short title descriptive of the undertaking (corresponding with that at the head of the advertisement), addressed to the Board of Trade, and praying for a Provisional Order.

2.

3.

A printed draft of the Provisional Order as proposed by the undertakers, with any schedule referred to therein.

An estimate of the expense of the proposed new works, if any, signed by the persons making the same.

(2.) They are also to deposit a sufficient number of such printed copies at the office named in that behalf in the advertisement; such copies to be there furnished to all persons applying for them at the price of not more than one shilling each.

(3.) The memorial of the undertakers (to be written on foolscap paper, bookwise, with quarter margin) is to be in the following form, with such variations as circumstances require :

*

To the Board of Trade,

[Short title of undertaking.]

The memorial of the undertakers of [short title of undertaking]:

Showeth as follows;

I.

Your memorialists have published, in accordance with the requirements of the Gas and Water Works Facilities Act, 1870, the following advertisement:

2.

[Here advertisement to be set out verbatim.]

Your memorialists have also deposited, in accordance with the requirements of the said Act, copies of the said advertisement and [Here state deposit of the several matters required by Act].

Your memorialists, therefore, pray that a Provisional Order may be made in the terms of the draft proposed by your memorialists, or in such other terms as may seem meet.

A.B.,

C.D.,

Undertakers.

PART IV.

Deposit and advertisement of Provisional Order when made.

(1.) The undertakers are to deposit printed copies of the Provisional Order, when settled and made, for public inspection in the offices of clerks of the peace and sheriff clerks, where the documents required to be deposited by them under Part II. of this schedule were deposited.

(2.) They are also to deposit à sufficient number of such printed copies at the office named in that behalf in the advertisement, such copies to be there furnished to all persons applying for them at the price of

each.

(3) They are also to publish the Provisional Order as an advertisement once in the local newspaper in which the original advertisement of the intended application was published.

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[Introductory words repealed by Statute Law Revision (No. 2) Act, 1893.]

Preliminary.

Short title

Limitation of
Act.

Interpretation of terms.

1. This Act may be cited for all purposes as Tramways Act, 1870."

2. This Act shall not extend to Ireland.

"The

3. For the purposes of this Act the terms herein-after mentioned shall have the meanings herein-after assigned to them; that is to say,

The terms "local authority" and "local rate" shall mean respectively the bodies of persons and rate named in the table in Part One of the schedule (A.) to this Act annexed:

The term "road" shall mean any carriageway being a public highway, and the carriageway of any bridge forming part of or leading to the same:

The term "road authority" shall mean, in the districts specified in the table in Part Two of the schedule (A.) to this Act annexed, the bodies of persons named in the same table, and elsewhere any local authority, board, town council, body corporate, commissioners, trustees, vestry, or other body or persons in whom a road as defined by this Act is vested, or who have the power to maintain or repair such road:

PART I.

[4-21. Provisional Orders authorising the Construction of

Tramways.]

***

33 & 34 Vict., Cap. 78.

PART II.

Construction of Tramways.

to gas and

water com

panies.

30. For the purpose of making, forming, laying Provision as down, maintaining, repairing, or renewing any of their tramways, the promoters may from time to time, where and as far as it is necessary, or may appear expedient for the purpose of preventing frequent interruption of the traffic by repairs or works in connexion with the same, alter the position of any mains or pipes for the supply of gas or water, or any tube, wires, or apparatus for telegraphic or other purposes, subject to the provisions of this Act, and also subject to the following restrictions; (that is to say,)

I.

Before laying down a tramway in a road in which
any mains or pipes, tubes, wires, or apparatus
may be laid, the promoters shall, whether they
contemplate altering the position of any such
mains or pipes, wires, or apparatus, or not, give
seven days notice to the company, persons, or
person to whom such mains or pipes, tubes,
wires, or apparatus may belong or by whom they
are controlled, of their intention to lay down or
alter the tramway, and shall at the same time
deliver a plan and section of the proposed work.
If it should appear to any such company or per-
sons that the construction of the tramway as
proposed would endanger any such main or pipe,
tube, wire, or apparatus, or interfere with or
impede the supply of water or gas or the tele-
graphic or other communication, such company
or person (as the case may be) may give notice to
the promoters to lower or otherwise alter the
position of the said mains or pipes, tubes, wires,
or apparatus in such manner as may be con-
sidered necessary, and any difference as to the
necessity of any such lowering or alteration shall
be settled in manner provided by this Act for the
settlement of differences between the promoters
and other companies or persons, and all altera-
tions to be made under this section shall be
made with as little detriment and inconvenience
to the company or person to whom such mains
or pipes, tubes, wires, or apparatus may belong,
or by whom the same are controlled, or to the
inhabitants of the district, as the circumstances
will admit, and under the superintendence of

33 & 34 Vict., Cap. 78.

2.

such company or person or of their surveyor or engineer if they or he think fit to attend, after receiving not less than forty-eight hours notice. for that purpose, which notice the promoters are hereby required to give:

The promoters shall not remove or displace any of the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus, or other works belonging to or controlled by any such company or person, or do anything to impede the passage of water or gas or the telegraphic or other communication into or through such mains or pipes, without the consent of such company or person, or in any other manner than such company or person shall approve, until good and sufficient mains, pipes, valves, syphons, plugs, and other works necessary or proper for continuing the supply of water or gas or telegraphic or other communication, as sufficiently as the same was supplied by the mains or pipes, tubes, wires, or apparatus proposed to be removed or displaced, shall at the expense of the promoters have been first made and laid down in lieu thereof and ready for use, and to the satisfaction of the surveyor or engineer of such water or gas or other company. or of such person, or, in case of disagreement between such surveyor or engineer and the promoters, as an engineer appointed by the Board of Trade shall direct:

3. The promoters shall not lay down any such pipes
contrary to the regulations of any Act of Parlia-
ment relating to such water or gas or other com-
pany, or relating to telegraphs:

4. The promoters shall make good all damage done.
by them to property belonging to or controlled
by any such company or person, and shall make
full compensation to all parties for any loss or
damage which they may sustain by reason of any
interference with such property, or with the
private service pipes of any person supplied by
any such company or person with water or gas:
5. If by any such operations as aforesaid the pro-
moters interrupt the supply of water or gas in or
through any main or main pipe they shall be
liable to a penalty not exceeding twenty pounds
for every day upon which such supply shall be
so interrupted.

***

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