Tramways Act 1870

SCHEDULES

SCHEDULE A E+W+S

Part I[Section 3.] E+W+S

Districts of Local Authorities.	Description of Local Authority of District set opposite its Name.	The Local Rate.
England and Wales.
The city of London and the liberties thereof.	The mayor, aldermen, and commons of the city of London.	The consolidated sewers rate.
The metropolis (1)	The Metropolitan Board of Works.	The metropolitan consolidated rate.
Boroughs (2)	The mayor, aldermen, and burgesses acting by the council.	The borough fund or other property applicable to the purposes of a borough rate, or the borough rate.
Any place not included in the above descriptions, and under the jurisdiction of commissioners, trustees, or other persons intrusted by any local Act with powers of improving, cleansing, or paving any town.	The commissioners, trustees, or other persons intrusted by the local Act with powers of improving, cleansing, or paving the town.	Any rate leviable by such commissioners, trustees, or other persons, or other funds applicable by them to the purposes of improving, cleansing, or paving the town.
Any place not included in the above descriptions, and within the jurisdiction of local board constituted in pursuance of the Public Health Act 1848, and the Local Government Act 1858, or one of such Acts.	The local board	General district rate.

Notes

(1) “The metropolis” shall include all parishes and places in which the Metropolitan Board of Works; have power to levy a main drainage rate, except the city of London and the liberties thereof.

(2) “Borough” shall mean any place for the time being subject to the M1 Municipal Corporations Act 1835.

Marginal Citations

M1 1835 c. 76.

Districts of Local Authorities.	Description of Local Authority of District set opposite its Name.	The Local Rate.
Any place or parish not within the above descriptions, and in which a rate is levied for the maintenance of the poor.	The vestry, select vestry, or other body of persons acting by virtue of any Act of Parliament, prescription, custom, or otherwise, as or instead of a vestry or select vestry.	The poor rate.
Scotland.
Places within the jurisdiction of any town council, and not subject to the separate jurisdiction of police commissioners or trustees.	The town council.	The prison assessment or police assessment, as the local authorities shall resolve.
In places within the jurisdiction of police commissioners or trustees exercising the functions of police commissioners under any general or local Act.	The police commissioners or trustees.
In any parish or part thereof over which the jurisdiction of a town council or of police commissioners or trustees exercising the functions of police commissioners does not extend.	The road trustees having the management of any road on which a tramway is proposed to be constructed.	The tolls, duties, and assessments leviable by the road trustees.

Part II[Section 3.] E+W+S

Districts of Road Authorities.	Description of Road Authority of Districts set opposite its Name.
Parishes within the metropolis (1.) mentioned in schedule (A.) to the Metropolis Management Act 1855.	The vestries appointed for the purposes of the Metropolis Management Act 1855.
Districts within the metropolis (1.) formed by the union of the parishes mentioned in schedule (B.) to the M2 Metropolis Management Act 1855.	The board of works for the district appointed for the purpose of the Metropolis Management Act 1855.

Marginal Citations

M2 1855 c. 120.

Note. (1.)—The term “metropolis” has in this Part the same meaning as in Part I. of this schedule.

Part III[Section 4.] E+W+S

Approval of Application by Local Authority for a Provisional Order E+W+S

The approval of any intended application for a Provisional Order by a local authority shall be in manner following; that is to say,

A resolution approving of the intention to make such application shall be passed at a special meeting of the members constituting such local authority.

Such special meeting shall not be held unless a month’s previous notice of the same, and of the purpose thereof, has been given in manner in which notices of meetings of such local authority are usually given.

Such resolution shall not be passed unless two-thirds of the members constituting such local authority are present and vote at such special meeting and a majority of those present and voting concur in the resolution; provided that if in Scotland the local authority be the road trustees, it shall not be necessary that two-thirds of such trustees shall be present at the meeting, but the resolution shall not be valid unless two-thirds of the members present vote in favour of such resolution, and unless the said resolution is confirmed in like manner at another meeting called as aforesaid and held not less than three weeks and not more than six weeks thereafter. Where any such resolution relating to the metropolis as the same is defined in Part I. of this schedule, or to any district in Scotland of which road trustees are the local authority, has been passed in manner aforesaid, the intended application to which such resolution relates shall be deemed to be approved.

SCHEDULE B E+W+S Provisional Orders

Part I[Section 6.] E+W+S

Advertisement in October or November of intended application E+W+S

(1) Every advertisement is to contain the following particulars:

1. The objects of the intended application.

2. A general description of the nature of the proposed works, if any.

3. The names of the townlands, parishes, townships, and extra-parochial places in which the proposed works, if any, will be made.

4. 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 thereof, 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 or Edinburgh Gazette, accordingly as the district is situate in England or Scotland.

Part II[Section 6.] E+W+S

Deposit on or before 30th November E+W+S

(1) The promoters are to deposit—

1. A copy of the advertisement published by them.

2. A proper plan and section of the proposed 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, in the office of the clerk of the peace for every county, riding, or division, and of the parish clerk of every parish and the office of the local authority of every district in or through which any such undertaking is proposed to be made; 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.

Part III[Section 6.] E+W+S

Deposit on or before 23rd December E+W+S

(1) The promoters are to deposit at the office of the Board of Trade—

1. A memorial signed by the promoters, 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. A printed draft of the Provisional Order as proposed by the promoters, with any schedule referred to therein.

3. An estimate of the expense of the proposed 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 promoters (to be written on foolscap paper, bookwise, with quarter margin) is to be in the following form, with such variations as circumstances require:

Short title of undertaking. E+W+S

To the Board of Trade,

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

Showeth as follows:

1. Your memorialists have published, in accordance with the requirements of the Tramways Act 1870, the following advertisement:

Here advertisement to be set out verbatim. E+W+S

2. 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 Provision 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.

Promoters.

Part IV[Section 13.] E+W+S

Deposit and advertisement of Provisional Order when made E+W+S

(1) The promoters 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 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 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, or in case the same shall no longer be published, in some other newspaper published in the district.

SCHEDULE C E+W+S

Part I[Section 19.] E+W+S

Notice and Deposit of Lease by Local Authority E+W+S

One month before any lease is submitted to the Board of Trade, notice of the intention to make such lease shall be given by advertisement.

(1) Every advertisement is to contain—

1. The term of the lease.

2. The rent reserved.

3. A general description of the covenants and conditions contained therein.

4. The place where the same is deposited for public inspection.

(2) 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 lease; or if there be no such newspaper, then in some one and the same newspaper published in the county in which such district, or some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county.

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

Deposit E+W+S

A copy of such lease shall be deposited for public inspection during office hours at the office of the local authority or at some other convenient place within the district to which such lease relates.

Part II[Section 46.] E+W+S

Notice of Byelaws E+W+S

Within one month after the making of any byelaw notice of the making of the same, and a copy of such byelaw, shall be published by advertisement in manner following:—

(1) 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 such byelaw; or if there be no such newspaper, then in some one and the same newspaper published in the county in which such district, or some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county.

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