Railways (Powers and Construction) Acts 1864, Amendment Act, 1870

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RAILWAYS (POWERS AND CONSTRUCTION) ACTS 1864, AMENDMENT ACT 1870

CHAPTER XIX.

An Act to amend The Railway Companies Powers Act, 1864, and The Railways Construction Facilities Act, 1864. [20th June 1870.]

[Preamble recites 27 & 28 Vict. cc. 120, 121.]

Short title.

1. This Act may be cited for all purposes as “The Railways“ (Powers and Construction) Acts, 1864, Amendment Act, “1870.”

Parts of Acts herein named repealed.

2. From and after the passing of this Act, there shall be repealed sections seven and eight of The Railway Companies Powers Act, 1864 , and Part I. of the schedule annexed to the said Act; and sections nine and ten of The Railways Construction Facilities Act, 1864 , and Part I. of the schedule annexed to the said Act.

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.

Confirmation of Provisional Certificate by Act of Parliament.

4. On proof to the sadisfaction of the Board of Trade that notice of such certificate was duly given in the manner aforesaid, the Board of Trade shall, as soon as they conveniently can after the expiration of seven days after such proof, procure a Bill to be introduced into either House of Parliament for an Act to confirm the Provisional Certificate, which shall be set out at length in the schedule to the Bill.

If while any such Bill is pending in either House of Parliament a petition is presented against any Provisional Certificate comprised therein, the Bill, so far as it relates to the certificate petitioned against, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case for a Bill for a special Act.

The provisions of the Act of this present session of Parliament intituled “An Act to empower Committees on Bills confirming Provisional Orders to award costs and to examine witnesses on oath,” shall extend and apply to any select committee to whom any Bill to confirm a Provisional Certificate under this Act has been referred, in like manner and subject to the same conditions in every respect as if such Provisional Certificate were a Provisional Order.

The Act of Parliament confirming any Provisional Certificate shall be deemed a Public General Act.

Section 33 of 27 & 28 Vict. c. 121. repealed.

5. From the passing of this Act, section thirty-three of the said Railways Construction Facilities Act, 1864 , relating to the gauge of railways, shall be and the same is hereby repealed, and every railway made under the authority of a certificate under said Act or this Act shall be made on such gauge as shall be prescribed by such certificate.

Application of sections 4, 6, 7, and 8 of 9 & 10 Vict. c. 57.

Sections four, six, seven, and eight of the Act of the session of the nineth adn tenth years of the reign of Her present Majesty, chapter fifty-seven, intituled “An Act for regulating the gauge of railways,” shall apply to any railway made under the authority of any such certificate as aforesaid, and to the gauge prescribed.

Gauge of railways.

For the purposes of such application the provisions of the certificate relating to gauge shall be deemed to be included in the provisions of the said Act of the nineth adn tenth years of the reign of Her present Majesty, chapter fifty-seven.

Amendment of Part IV. of the schedule to 27 & 28 Vict. c. 121.

6. All enactments amending, perpetuating, or otherwise affecting the enactments described in Part IV, of the schedule to the said Railways Construction Facilities Act, 1864 , and which are now in force, or which may hereafter become law, shall, in like manner and subject to the like variations and provisions as the enactments described in the said schedule, extend and apply, as he case may require, to the railway, and to the company or persons empowered by the certificate under the said Act or this Act to make the railway, and shall in all respects operate in relation thereto respectively as if they were expressly repeated and re-enacted in the said Act, save where the same are expressly varied or escepted by such certificates.

The SCHEDULE referrd tp in the foregoing Act.

Notice of Opposition.

In the matter of

The Railways Construction Facilities Act, 1864, and The Railways (Powers and Construction) Acts, 1864, Amendment Act, 1870,

and

The application of the Railway Company for a certificate, the draft whereof is intituled [set out title].

We, the Railway [or Canal] Company hereby declare and give notice that we desire to be heard by counsel, agents, and witnesses against the granting to the above-named railway company of the powers sought to be obtained by them by the above-memtioned application.

Dated this day of 18 .

Witness, A.B.

L.S

Or,

Notice of Opposition.

In the matter of

The Railways Construction Facilities Act, 1864, and The Railways (Powers and Construction) Acts, 1864, Amendment Act, 1870,

and

The (proposed) Railway.

We, the Railway [or Canal] Company hereby declare and give notice that we desire to be heard by counsel, agents, and witnesses against the above-memtioned proposed undertaking.

Dated this day of 18 .

Witness, A.B.

L.S

Time for lodging Notice of Opposition.

Notice of oppostion by a Railway or Canal Company is to be lodged at the office of the Board of Trade, not later than the 1st day of August, or the 1st 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.