Railways (Powers and Construction) Acts 1864, Amendment Act, 1870
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Powers of Board of Trade where notice of opposition lodged. |
3. Any railway or canal company, which for the purposes of this Act shall include the owners, lessees, or proprietors of any canal or inland navigation, may, in case it desires to be heard by counsel, agents, and witnesses against any application for a certificate under The Railway Companies Powers Act, 1864 , or for a certificate authorising any proposed undertaking under The Railways Construction Facilities Act, 1864 , (each of which Acts is in this Act respectively referred to as the Act of Application,) lodge at the office of the Board of Trade, within the time prescribed by the schedule to this Act annexed, a notice in writing to that effect (in this Act referred to as a notice of oppposition), in the forms set forth in the same schedule, with such variations as circumstances require, | |
Where a notice of opposition has been lodged the Board of Trade may nevertheless, if they think fit, proceed upon the application, but they shall in such case settle a Provisional Certificate in accordance with the provisions of this Act. | ||
Every Provisional Certificate under this Act shall be settled in like manner, shall certify to the like effect, and contain the like provisions in every respect as if the same were a Draft Certificate settled by the Board of Trade, under the authority of the Act of Application in a like case, but where no notice of opposition was lodged. | ||
When any such Provisional Certificate is confirmed in manner by this Act provided, the same shall have all the force and operation of a certificate duly made and issued by the Board of Trade, under the authyority of the Act of Application, but previoulsy to such confirmation it shall not be of any validity whatsoever. | ||
When any such Provisional Certificate is settled under this Act notice thereof shall be given by the promoters in like manner as if the same were a Draft Certificate under the Act of Application according to the provisions of such Act in that behalf. | ||
As to payment of costs of Orders. | ||
The costs of and connected with the preparation and making of each Provisional Certificate shall be paid by the promoters, and the Board of Trade may require the promoters to give security for such costs before they proceed with the Provisional Certificate. |