Application of parts of other Acts. cciii IV. ENACTMENTS IN GENERAL ACTS RELATING TO RAILWAYS APPLIED TO Session and Chapter, and Section (if any). Title or Short Title of Act. 27 & 28 VICT. c. 121. 1 & 2 Vict. c. 80,* 1 & 2 Vict. c. 98,* 2 & 3 Vict. c. 45, 3 & 4 Vict. c. 97,* 5 & 6 Vict. c. 55,* 5 & 6 Vict. c. 79,* ss. 2 to 7, (both inclusive,) and ss. 24, 25, 26, 7 & 8 Vict. c. 85,* 8 & 9 Vict. c. 3, 8 & 9 Vict. c. 46. An Act for the Payment of Constables for An Act to amend an Act of the Fifth and An Act for regulating Railways. An Act to attach certain Conditions to the An Act for the Appointment of Constables An Act for the Appointment of additional 9 & 10 Vict. c. 57,* ss. 4, 6, 7, 8, An Act for regulating the Gauge of Rail * The acts marked with an asterisk will be found in the Appendix in their chronological order. 27 & 28 VICT. c. 121. ENACTMENTS IN GENERAL ACTS-continued. Session and Chapter, and Section Title or Short Title of Act. 21 & 22 Vict. c. 75,* 22 & 23 Vict. c. 59,* An Act to Amend the Laws relating to 26 & 27 Vict. c. 33, ss. 13, 14,* An Act for granting to Her Majesty certain 26 & 27 Vict. c. 112, s. 32, . Duties of Inland Revenue, and to amend the Laws relating to the Inland Revenue. The Telegraph Act, 1863. V. GENERAL RULES. Form of Application. 1. The application to the Board of Trade for a certificate is to be made by a memorial in writing, signed by the promoters, or some or one of them, and lodged at the office of the Board of Trade. 2. Together with the memorial the promoters are to lodge (a) A printed draft of the certificate as proposed by the promoters: Plans, Sections, &c. 3. Maps, plans, sections, and books of reference deposited by the promoters are to be such, in respect of scale and contents and otherwise, as, under the standing orders of either House of Parliament for the time being in force, they would be obliged to deposit if they were proceeding in the same case by a railway bill. 4. The maps, plans, sections, and books of reference aforesaid are to be deposited at the office of the Board of Trade at the time when the memorial is lodged there. 5. They are also to be deposited for public inspection at the same offices of the clerks of the peace or sheriff-clerks, at which, under the standing orders aforesaid, the promoters would be obliged to deposit them if they were proceeding in the same case by a railway bill. 6. Where any part of the railway will be situate within the limits of the metropolis, as defined by the Metropolis Management Act, 1855, a copy of so much of the plans and sections as relates to that part is to be deposited at the office of the Metropolitan Board of Works. 7. A copy of so much of the plans and sections as relates to each parish in which any part of the railway will be situate, or in which any lands intended to be taken for the railway are situate, together with a copy of so much of the book of reference as relates to that parish, is to be deposited for public inspection with the officer or person with whom, under the standing orders aforesaid, the promoters would be obliged to deposit the same if they were proceeding in the same case by a railway bill. The Acts marked with an asterisk will be found in the Appendix in their chronological order. Advertisements-Time of Deposit-Notices. Advertisements as to Application. CCV 8. After all the deposits aforesaid have been made, notice of the application to the Board of Trade is to be given by advertisement published as follows; namely, Where the railway will be situate wholly in one county, city, or town, or county of a city or town, then once in each of three successive weeks in some one and the same newspaper of that county, city, or town, or county of a city or town: Where the railway will not be situate wholly in one county, city, or town, or county of a city or town, then once in each of three successive weeks in some one and the same newspaper of the county, city, or town, or county of a city or town, wherein the head office of the promoters is situate, and also once in each of three successive weeks in some one and the same newspaper of each county, city, or town, or county of a city or town, wherein any part of the railway will be situate: If in any case there is not any such newspaper as herein before described, then in like manner in a newspaper of some adjoining or neighbouring county: In every case, once at least in the London, Edinburgh, or Dublin Gazette, respectively, if the railway will be situate wholly in England or Scotland, or in Ireland and both in the London and in the Edinburgh Gazette, if the railway will be situate partly in England and partly in Scotland. 9. The advertisements are to be published either in the month of June or in the month of November, and not at any other time. 10. Each advertisement is to give the address of an office in London where copies of the draft certificate will be supplied as hereinafter directed. 11. Each advertisement is to state that all persons desirous of making any representation to the Board of Trade, or of bringing before them any objection, respecting the application, may do so by letter addressed to the secretary of the Board of Trade, on or before the first day of August or first day of January next succeeding the date of the advertisement, according as the same is published in the month of June or in the month of November. Deposit of Copies of Advertisements. 12. Within one week after the publication of the latest advertisement, a copy of each of the newspapers and Gazettes containing the several advertisements is to be lodged at the office of the Board of Trade. 13. Within the same time, a printed copy of the Gazette advertisement is to be deposited for public inspection in each of the same offices, and with each of the same officers and persons, in which or with whom the maps, plans, sections, and books of reference or parts thereof were deposited. 14. The last-mentioned deposit of a copy of the Gazette advertisement may be made (if the promoters choose) by means of a registered post letter, and any deposit so made shall be deemed made on the day on which such letter would be delivered in ordinary course of post. Note of Time of Deposit. 15. Where any document is deposited under these rules for public inspection, the clerk of the peace, sheriff-clerk, or other officer or person, in whose office or with whom it is deposited, is to make thereon a memorial in writing denoting the time at which it was deposited. Notice to Road Trustees. 16. Where any part of a turnpike road or public highway is intended to 27 & 28 VICT. c. 121. c. 121. 27 & 28 VICT. be taken or used, or to be diverted or otherwise interfered with, for the purposes of the railway, the promoters in the month of June or November (as the case may be) in which the advertisements are published, are to serve notice of the application on the trustees or other persons having the management of such road or highway. Notice of Opposition. 17. Notice of opposition by a railway or canal company is to be lodged at the office of the Board of Trade, not later than the first day of August or first day of January next succeeding the date of the advertisement of application, according as the same is published in the month of June or in the month of November. Notice of Settlement of Draft Certificate. 18. On the draft certificate being settled by the Board of Trade, the promoters are to serve a copy thereof, with a notice that the draft has been settled by the Board of Trade, on every company, body, or person, by whom any representation or objection respecting the application was made to or brought before the Board of Trade, and are also to give by advertisement or otherwise such public or other notice (if any) thereof, as according to the circumstances of the case the Board of Trade direct. Supply of Copies of Draft Certificate. 19. From the time of the publication of the first advertisement the promoters are to keep in the office mentioned in this behalf in the advertisement, a sufficient number of copies of the draft of the certificate as proposed by them, and are to furnish there copies to all persons applying for them at the price of not more than sixpence each. 20. From the time of the settlement of the draft certificate by the Board of Trade, the promoters are to keep in the office aforesaid copies of the draft supplied to them for that purpose by the Board of Trade, and are to furnish there copies thereof to all persons applying for them at such price (if any) as the Board of Trade from time to time direct. Deposit of Money. 21. The deposit of money or government securities in court is to be made within one month after notice from the Board of Trade that they are prepared to issue the certificate. Printing of Certificate. 22. Copies of the certificate printed by the printers of a Gazette are to be printed on ordinary white folio paper, similar in size to the paper on which the public general acts of Parliament are printed for public sale. An Act for Awarding Costs in certain cases of Private Bills.*[26th May 1865.] WHEREAS it is expedient to empower committees of both Houses of Parliament on private bills to award costs in certain cases: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 28 VICT. C. 27 report "pre nents to be en I. When the committee on a private bill shall decide that the When committee preamble is not proved, or shall insert in such bill any provision amble not for the protection of any petitioner, or strike out or alter any proved," oppoprovision of such bill for the protection of such petitioner, and titled to recover further unanimously report, with respect to any or all of the costs. petitioners against the bill, that such petitioner or petitioners has or have been unreasonably or vexatiously subjected to expense in defending his or their rights proposed to be interfered with by the bill, such petitioner or petitioners shall be entitled to recover from the promoters of such bill his or their costs in relation thereto, or such portion thereof as the committee may think fit, such costs to be taxed by the taxing-officer of the House as hereinafter mentioned, or the committee may award such a sum for costs as they shall think fit, with the consent of the parties affected. mously "oppo founded," pro titled to recover costs. II. When the committee on a private bill shall decide that When committee the preamble is proved, and further unanimously report that report unani the promoters of the bill have been vexatiously subjected to sition unexpense in the promotion of the said bill by the opposition of moters to be enany petitioner or petitioners against the same, then the promoters shall be entitled to recover from the petitioners, or such of them as the committee shall think fit, such portion of their costs of the promotion of the bill as the committee may think fit, such costs to be taxed by the taxing-officer of the House as hereinafter mentioned, or such a sum for costs as the committee shall name, with the consent of the parties affected; and in their report to the House the committee shall state what portion of the costs, or what sum for costs, they shall so think fit to award, together with the names of the parties liable to pay the same and the names of the parties entitled to receive the same: Provided always, that no landowner who bonâ fide at Proviso. his own sole risk and charge opposes a bill which proposes to *See pp. lvi.-lxviii. ante. |