Orders authorising the construction of tramways in any district may be obtained only by the local authority thereof on application to the Governor in Council, and subject to the provisions hereinafter contained.

Every application for such order shall be in writing under the common seal of the local authority, and shall be in such form and contain such information and be supported by such evidence as may be for the time being prescribed by the rules of the Governor in Council hereunder, and shall be left with the Minister of Public Works; and, in case money is to be borrowed for the purposes of the order, such application shall be accompanied by evidence that the requirements of the local Act relating to the borrowing of money for public works by the local authority have been complied with, and by certified copies of the plans and specifications and estimates open for inspection in accordance with such local Act; and the Governor in Council shall not take into consideration any application until fourteen days after the foregoing requirements have been complied with.

The Governor in Council shall consider the application, and may, if he thinks fit, direct an inquiry in the district to which the same relates, or may otherwise inquire, as to the propriety of proceeding to deal with such application.

Where it appears to the Governor in Council expedient and proper that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, the Governor by Order in Council may settle and make an authorising order accordingly.

Every such order shall empower the local authority therein specified to make the tramway upon the gauge and in manner therein described, within the district of the local authority, upon any road or elsewhere, and shall contain such provisions as the Governor in Council, according to the nature of the application, the facts and circumstances of each case, and the provisions of this Act, thinks fit.

Every such order shall specify the nature of the traffic for which such tramway is to be used, and the tolls, fares, and charges which may be demanded and taken by the local authority in respect of the same, and shall contain such regulations relating to such traffic and such tolls and charges as the Governor in Council deems necessary and proper.

The costs of and connected with the preparation and making of such order and of any inquiry in relation thereto shall be paid by the local authority, and the Governor in Council may require the local authority to give security for such costs before proceeding to deal with the application for the order.

When an authorising order has been settled and made as aforesaid and delivered to the local authority, the local authority shall forthwith deposit printed copies of the order for public inspection in the office of the Clerk of the local authority of every district through any part of which the tramway is authorised to be constructed.

The Governor in Council, on the application of any local authority empowered by an authorising order, may from time to time revoke, amend, extend, or vary such order by a further order.

Every application for such further order shall be made by the like local authority in like manner and subject to the like conditions as the application for the original order.

Every such further order shall be made in like manner in every respect as the original order, and all such original and further orders are hereinafter included in the expression “authorising order.”

Subject to these regulations, the Governor in Council may on a joint application, or on two or more separate applications, settle and make an order empowering two or more local authorities respectively jointly to construct the whole or separately to construct parts of a tramway, and jointly or separately to own the whole or parts thereof; and all the provisions of these regulations which relate to the construction of tramways shall extend and apply to the construction of the whole and the separate parts of such tramways as last aforesaid, and the form of the authorising order may be adapted to the circumstances of the case.

Where it is proposed to lay down a tramway in two or more districts, or to extend into another district any existing tramway, and any local authority having jurisdiction in any of such districts does not consent thereto, or will not apply or join in applying for an authorising order, the Governor in Council, on the application of the local authority proposing that the work shall be done, may nevertheless make such order, if satisfied, after inquiry, that two-thirds of the length of such tramway is proposed to be laid in the district of the local authority so proposing as aforesaid; and the form of the authorising order may be adapted to the circumstances of the case.

Every local authority working any tramway shall cause to be kept a separate account of all moneys received from the working thereof, which shall be charged—

A local authority shall not—

until, in each instance, the decision of the ratepayers has been ascertained.

For the purposes of such decision the local authority shall publish twice in some newspaper generally circulating in the district a notice stating the intention of the local authority to apply for such order, or to delegate such authority, or to make such sale, or to grant such lease, or otherwise, as the case may be, and containing the particulars hereinafter mentioned.

In the case of intention to apply for such order or to delegate such authority as aforesaid the local authority shall cause plans and cross-sections to be prepared, showing the nature of the works proposed to be undertaken, together with a description thereof.

Such plans shall be made on a scale of not less than three chains to one inch, and such cross-sections on a scale of not less than four feet to one inch.

All such plans and cross-sections shall be deposited and remain open for public inspection at the office of the local authority during office hours during the four weeks mentioned in clause 13(1) of these regulations.

The aforesaid notice shall contain a description of the proposed works, the place where the plans and cross-sections are deposited for public inspection, and, in the case of intended delegation of authority, the name of the person to whom the authority is to be delegated, and a general description of the terms and conditions subject to which such delegation is to be made.

In case of intention to grant a lease as aforesaid, the local authority shall cause a copy of the proposed lease to be deposited and to remain open for public inspection at the office of the local authority during office hours during the four weeks mentioned in clause 13(1) of these regulations.

In case of intention to sell, purchase, or lease, the aforesaid notice shall contian, as the case may be, (1) the name of the proposed purchaser, vendor, or lessee; (2) the term of the lease; (3) the consideration for the sale or purchase, or the rent reserved by the lease; (4) a general description of the covenants and conditions of the sale, purchase, or lease; and (5) the place where the copy of the lease may be inspected.

Within four weeks after the first publication of such notice as aforesaid, any number of persons, being not less than five per centum of the ratepayers whose names are inscribed on the ratepayers roll of the district, may, by writing under their hands delivered or sent by post addressed to the local authority or the Clerk thereof at the office of the local authority, demand that the question whether or not such order should be applied for, or such delegation of authority should be made, or such sale should be made, or such lease should be granted, or otherwise, as the case may be, shall be submitted to the decision of the ratepayers.

When any such demand has been made, the votes of the ratepayers shall be taken upon such question, on a day to be fixed by the Chairman of the local authority, not less than fourteen nor more than twenty-one clear days after the delivery of such demand, and such day shall be forthwith notified in some newspaper generally circulating in the neighbourhood, and on such day a poll shall be taken of all the ratepayers.

One scrutineer, to be present in every polling-booth, shall be appointed by the local authority; and in addition thereto scrutineers may be nominated as provided by “The Local Elections and Polls Act, 1908.”

Subject to the provisions of these regulations, upon the submitting of any such question as aforesaid to the decision of the ratepayers, the poll and all proceedings thereon shall be had and taken as nearly as may be as upon a proposal (other than an election) submitted to the vote of the ratepayers of the local authority, and the provisions of “The Local Elections and Polls Act, 1908,” and of the local Act shall apply accordingly.

With respect to any such question as to which no demand is made, or demand is made by less than five per centum of the ratepayers, as aforesaid, the local authority shall be deemed not to be forbidden, and may at any time, not less than one month nor more than three months after the last publication of such notice as aforesaid, proceed to carry out such intention.

Any two or more of the aforesaid notices may be combined in one advertisement, and the decision of the ratepayers on two or more of the aforesaid questions may be taken at the same time if the circumstances of the case render such a course convenient, but the decision on each question shall be separate.

The promoters from time to time, for the purpose of making, forming, laying down, maintaining, renewing, or extending any tramway duly authorised, may open and break up any Toad, subject to the following regulations:—

Where the carriage-way in or upon which any tramway is proposed to be formed or laid down is crossed by any railway or tramway on the level, any work which the promoters may be empowered to construct, and which affects or in anywise interferes with such railway or tramway or the traffic thereon, shall be constructed and maintained (at the cost of the promoters) under the superintendence and to the reasonable satisfaction of the person or authority owning such railway or tramway, unless after notice to be given by the promoters seven days at least before the commencement of such work such superintendence is refused or withheld.

They shall pay all reasonable expenses to which the local authority is put on account of superintendence and inspection of the works.

When the promoters have opened or broken up any portion of any road, they shall be under the following further obligations, namely:—

If the promoters fail to comply in any respect with the provisions of this clause, they shall for every such offence (without prejudice to the enforcement of specific performance of the requirements of this Act or to any other remedy against them) be liable to a fine not exceeding twenty pounds, and to a further fine not exceeding five pounds for each day during which any such failure continues after the first day on which such fine is incurred.

The promoters shall, at their own expense, at all times maintain and keep in good condition and repair, with such materials and in such manner as the local authority directs, and to its satisfaction, so much of any road whereon any tramway belonging to them is laid as lies between the rails of the tramway; and where two tramways are laid by the same promoters in any road at a distance of not more than four feet from each other, the portion of the road between the tramways; and in every case so much of the road as extends eighteen inches beyond the rails of and on each side of any such tramway.

If the promoters abandon their undertaking, or any part of the same, and take up any tramway or any part of any tramway belonging to them, they shall, with all convenient speed, and in all cases within six weeks at the most (unless the local authority otherwise consents in writing), fill in the ground and make good the surface, and, to the satisfaction of the local authority, restore the portion of the road upon which such tramway was laid to as good a condition as that in which it was before such tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work, and they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched, and to be properly lighted at night.

If the promoters fail to comply with the provisions of this clause to the satisfaction of the local authority, the local authority, if it thinks fit, may itself, at any time after three days’ notice to the promoters, fill in the ground and make good the surface, and do the works necessary for the repair and maintenance or restoration of the road, to the extent in this clause above mentioned, and the expense incurred by the local authority in so doing shall be repaid to it by the promoters.

The local authority on the one hand, and the promoters on the other hand, may from time to time enter into and carry into effect, and from time to time alter, renew, or vary, contracts, agreements, or arrangements with respect to the paving and keeping in repair of the whole or any portion of the roadway of any road on which the promoters lay any tramway, and the proportion to be paid by either of them of the expense of such paving and keeping in repair.

For the purpose of using electricity as the motive power, where authorised by any authorising order, the promoters—

For the purpose of making, forming, laying down, maintaining, repairing, or renewing any tramway, the promoters may from time to time, where and as far as it is necessary or appears expedient for the purpose of preventing frequent interruption of the traffic by repairs or works in connection with the same, alter the position of any main or pipe for the supply of gas or water, or any wire 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:—

Where in any district any tramway or any work connected therewith interferes with any sewer, drain, watercourse, subway, or works in such district, or in any way affects the sewerage or drainage of such district, the following provisions shall apply:—

Nothing in this Act shall take away or abridge any power to open or break up any road along or across which any tramway is laid, or any other power vested in any local authority or other authority for any of the purposes for which such authority is respectively constituted, or in any person, for the purpose of laying down, repairing, altering, or removing any pipe for the supply of gas or water, or any tube, wire, or apparatus for telegraphic or other purposes; but in the exercise of such power every such local or other authority or person shall be subject to the following provisions, that is to say:—

If any difference arises between the promoters on the one hand, and any local authority, or any gas or water company, or any person or authority to whom any sewer, drain, wire, or apparatus for telegraphic or other purposes belongs, or any other person or authority, on the other hand, with respect to any interference or control exercised or claimed to be exercised by or on behalf of such company, person, or authority, or by the promoters, by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceeding of the local authority, or other authority, company, or person, or with respect to the propriety of or the mode of execution of any work relating to any tramway, or with respect to the amount of any compensation to be made by or to the promoters, or on the question whether any work is such as ought reasonably to satisfy the local authority, or other authority, company, or person concerned, or with respect to any other subject or thing regulated by or comprised in this Act, the matter in difference shall (unless otherwise specially provided by this Act) be settled by arbitration under “The Arbitration Act, 1908.”

The promoters may use on their tramways carriages with flange-wheels or wheels suitable only to run on the rail prescribed by the authorising order; and, subject to the provisions of such order and of this Act, the promoters shall have the exclusive use of their tramways for carriages with flange-wheels or other wheels suitable only to run on the prescribed rail.

All carriages used on any tramway shall be moved by the power prescribed by the authorising order, and, where no such power is prescribed, by animal power only.

No carriage or rolling-stock of any kind used on any tramway shall measure in width more than seven feet and a half, including anything attached thereto, and the design shall be approved by the local authority:

Provided that the Governor may allow carriages and rolling-stock up to eight feet in width to be used on any tramway in cases where he is satisfied that they may be safely and conveniently used without danger to the public.

Subject to the provisions of this Act, the authorising order may make provision for securing to the public the full benefit of such tramway, and to that end may prescribe what provisions shall from time to time be made by the promoters for the carriage of goods and passengers thereon, and for the use thereof and for traffic thereon, and may prescribe what consequences, whether of forfeiture, cesser, or determination of powers, or otherwise, shall follow any breach by the promoters of the requirements of such order; and such older may prescribe that the Governor shall be the sole judge of the fact whether such requirements have been complied with, and the Governor in such case may inquire into the matter in such way as he thinks fit, and his decision shall be final.

Where a tramway has been completed by a local authority, or where a local authority has, under the provisions of this Act or any Act, become the owner of a tramway, such local authority may, subject to the provisions of this Act, and with the consent of the ratepayers (to be ascertained in manner prescribed in clauses 12 and 13 of these regulations), demise the undertaking, or absolutely sell the same, on such terms as the local authority thinks fit; and may grant to the lessee or purchaser, as the case may be, all or any of the powers, rights, and privileges of and incident to working, maintaining, or extending the tramway which the local authority itself possessed at the time of such lease or sale; and the lessee or purchaser, as the case may be, shall be deemed the promoters.

Every such lease shall be made for a term not exceeding twenty-one years.

Every such lease shall imply a condition of re-entry if at any time the lessee discontinues the working of the tramway or of any part thereof for the space of three months (such discontinuance not being occasioned by circumstances beyond the control of the lessee, for which purpose the want of funds shall not be considered a circumstance beyond his control).

Subject to the provisions of the last preceding clause of these regulations, if at any time after the opening of any tramway in any district for traffic the promoters discontinue the working of such tramway or of any part thereof for the space of three months (such discontinuance not being occasioned by circumstances beyond the control of such promoters, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control), and such discontinuance is proved to the satisfaction of the Governor, the Governor, if he thinks fit, may by order declare that the powers of the promoters in respect of such tramway, or the part thereof so discontinued, shall from the date of such order be at an end, and thereupon the said powers of the promoters shall cease and determine unless the same are purchased by the local authority in manner by this Act provided.

Where any such order has been made, the local authority may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Governor, remove the tramway or part of the tramway so discontinued, and the promoters shall pay to the local authority the cost of such removal and of the making-good of the road by the local authority, such cost to be certified by the Clerk for the time being or by some other authorised officer of the local authority, whose certificate shall be final and conclusive.

If the promoters fail to pay the amount so certified within one month after delivery to them of such certificate or a copy thereof, the local authority may, without any previous notice to the promoters (but without prejudice to any other remedy which it may have for the recovery of the amount), sell and dispose of the materials of the tramway or part of tramway removed, either by public auction or private sale, and for such sum and to such person as the local authority thinks fit, and may out of the proceeds of such sale pay and reimburse itself the amount of the cost certified as aforesaid and of the cost of sale; and the balance (if any) of the proceeds of the sale shall be paid over by the local authority to the promoters.

If at any time after the opening of any tramway in any district for traffic it appears to the local authority that the promoters are insolvent, so that they are unable to maintain such tramway, or work the same with advantage to the public, and such local authority makes a representation to that effect to the Governor, the Governor may direct an inquiry, by a referee, into the truth of the representation, and if the referee finds that the promoters are insolvent as aforesaid, the Governor may by order declare that the powers of the promoters shall at the expiration of six months from the making of such order be at an end; and in such case the powers of the promoters shall cease and determine at the expiration of the said period unless the same are purchased by the local authority in manner by this Act provided.

Upon the cesser and determination of the powers of the promoters as aforesaid such local authority may remove the tramway in like manner and subject to the same provisions in every respect as in cases of removal under the last preceding clause.

Every such representation as aforesaid shall be deemed privileged.

If the promoters (not being the local authority) do not, within the period prescribed for that purpose in the agreement for delegation mentioned in section nine of this Act, complete the tramway and open it for public traffic; or

If within three months from such time as is prescribed for that purpose in the aforesaid agreement the works are not substantially commenced; or

If the works, having been commenced, are suspended without a sufficient reason, in the opinion of the local authority, to warrant such suspension, then and in any such case the powers given by the authorising order shall cease to be exercisable by the promoters:

Provided that in any such case the local authority may by special resolution—

An order made by the Governor, on the recommendation of the local authority, and declaring that a tramway has not been completed and opened for traffic, or that the works have not been substantially commenced, or that they have been suspended without sufficient reason, shall, for the purposes of this Act, be conclusive evidence of such non-completion, non-commencement, or suspension.

Where an order has been made as last aforesaid by the Governor, the tramway shall be deemed to be a tramway to which all the provisions of this Act relating to the discontinuance of tramways, after proof of such discontinuance, shall apply, and may be dealt with accordingly.

Subject to the provisions of this Act and of any existing lease, the local authority (not being the promoters) may, by notice in writing given to the promoters, require them to sell; and thereupon the promoters shall sell to the local authority their undertaking, or so much of the same as is within the district of such local authority, upon terms of paying for the tramway, and all lands, buildings, works, material, and plant of the promoters suitable to and used by them for the purposes of their undertaking within such district; the value thereof to be determined, in case of difference, by arbitration under “The Arbitration Act, 1908”; but the following provisions shall apply:—

The promoters of any tramway may, before or after the construction thereof, but with the consent of the local authority, sell their undertaking to any person or to the local authority; and when any such sale has been made, all the rights, powers, and privileges of such promoters in respect to the undertaking sold shall be transferred to the purchasers, in like manner as if such purchasers had been authorised by order to construct such tramway, and in reference to the same they shall be deemed to be the promoters: Provided that—

The promoters may demand and take in respect of the tramway tolls and charges not exceeding the sums specified in the authorising order, subject and according to the provisions of such order and this Act. A list of all such tolls and charges shall be exhibited in a conspicuous place inside and outside each of the carriages used upon the tramway.

Subject to the provisions of the authorising order and of this Act, the promoters (including the local authority, as well after as before delegation by it of the authority to construct the tramway conferred upon it by the authorising order) may from time to time make by-laws as to the following matters:—

In making by-laws under this Act the local authority shall proceed in the manner prescribed by the local Act for the making of by-laws.

With respect to by-laws under this Act made by promoters other than the local authority, the following provisions shall apply:—

With respect to all by-laws made under this Act, the provisions of the local Act as to the imposition, enforcement, and application of fines under by-laws shall apply with this modification, that no fine shall exceed two pounds for any offence, or, in the case of continuing offences, ten shillings for every day during which the offence continues. Moreover, all by-laws shall be so framed as to allow in every case part only of the maximum fine being inflicted.

The local authority (whether being promoters or not) shall have the like power of making and enforcing rules and regulations, and of granting licenses to all carriages used on tramways, and to all drivers, conductors, and other persons having charge of or using the same, and to the standings of the same, as it is by virtue of the local Act for the time being entitled to make, enforce, and grant with respect to vehicles plying, used, or kept for hire, and the drivers and other persons having the charge thereof, and to the standings for the same in the roads under the control of the local authority: Provided that,—

Every person who wilfully obstructs any person acting under the authority of any promoters in the lawful exercise of their powers in setting out, or making, forming, laying down, repairing, or renewing a tramway, or defaces or destroys any mark made for the purpose of setting out the line of the tramway, or damages or destroys any property of any promoters, is liable to a fine not exceeding ten pounds, in addition to the actual damage done.

Every person who without lawful excuse (the proof whereof shall fie on him) does any of the following things, namely:—

is liable (in addition to any proceedings by way of indictment or otherwise to which he may be subject) to a fine not exceeding ten pounds.

Every person is liable to a fine not exceeding two pounds who,—

Any officer or servant of the promoters, and all persons called by him to his assistance, may seize and detain any person discovered either in or after committing or attempting to commit any offence mentioned in the three last preceding clauses, and whose name or residence is unknown to such officer or servant, until such person can be conveniently taken before a Justice, or until he is otherwise discharged by due course of law.

No person shall be entitled to carry or to require to be carried on any tramway any goods of a dangerous or objectionable nature; and if any person sends by any tramway any such goods without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the bookkeeper or other servant with whom the same are left at the time of such sending, he shall be liable to a fine not exceeding one hundred pounds for every such offence.

The promoters may refuse to take any parcel that they suspect to contain goods of a dangerous or objectionable nature, or may require the same to be opened to ascertain the fact.

Every person is liable to a fine not exceeding twenty pounds who, without the permission of the promoters,—

Nothing herein shall be deemed to prevent any person crossing or using the rails or any tramway with such car, carriage, or other vehicle, but only in such manner and to such an extent as the exigencies of public traffic may render necessary.

The promoters shall be answerable for all accidents, damages, and injuries happening through their act or default or through the act or default of any person in their employment, by reason or in consequence of any of their works or carriages, and shall save harmless all persons and authorities, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.

All tolls and charges under this Act or under any by-law made in pursuance thereof may be recovered and enforced in a summary way before any two Justices.

Nothing in this Act shall limit or interfere With the rights of any owner, lessee, or occupier of any mines or minerals lying under or adjacent to any road along or across which any tramway is laid, to work such mines and minerals; nor shall any such owner, lessee, or occupier be liable to make good or pay. compensation for any damage which may be occasioned to such tramway by the lawful working of such mines and minerals in the usual and ordinary course.

Notwithstanding anything in this Act, the promoters shall not acquire or be deemed to acquire any right other than that of user of any road along or across which they lay any tramway, nor shall anything in this Act exempt the promoters of any tramway laid along any road, or any other person using such tramway, from the payment of such tolls as may be lawfully levied in respect of the use of such road.

Nothing in this Act shall take away from or affect any power which any local authority or other authority may have by law to widen, alter, divert, or improve any road, railway, or tramway.

Nothing in this Act shall limit the powers of the local authority or police in any district to regulate the passage of any traffic along or across any road along or across which any tramways are laid down; and such authority or police may exercise their authority as well on as off the tramway, and with respect as well to the traffic of the promoters as to the traffic of other persons.

Nothing in this Act or in any by-law shall take away or abridge the right of the public to pass along or across every or any part of any road along or across which any tramway is laid, whether on or off the tramway, with carriages not having flange-wheels or wheels suitable only to run on the rail of the tramway:

Provided that in cases of tramways constructed in counties the Governor may in any order made under this Act provide for certain crossing-places only over any such tramway to be specified in such order.

Every inquiry, except under clause 24 of these regulations, which by these regulations the Governor is empowered to make or direct, and any inquiry under the said clause 24 if in the order it is provided that the inquiry shall be made as provided by this clause of these regulations, shall be made in accordance with the following provisions;—

The Governor may from time to time, by Order in Council gazetted, make rules with respect to the following matters:—

Any rules made in pursuance of this clause shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if enacted in these regulations.

Subject to the provisions of this Act and of any by-laws made hereunder, all persons shall have a right to use any tramway for travelling and for the carriage of goods thereon, and (where the tramway is not laid on a road) shall also have a free right to pass on foot along so much of the vacant land, not exceeding ten feet in width on the outer side of each rail of the tramway, as is owned or used by the promoters in connection with the tramway:

Provided that such free right is so used as not to interfere with the working of the tramway.

It shall be lawful for any promoters (if not repugnant to their rules or articles of association or to the local Act), by purchase or otherwise, to acquire possession of any suburban or other railway (other than a Government railway), together with all rights (including rolling-stock) of or relating to the railway. But if the promoters are the local authority the consent of the ratepayers shall be first obtained in manner prescribed in clauses 12 and 13 of these regulations.

It shall, however, be a condition of any such purchase or acquiring of possession as last aforesaid that the purchasers shall, within eighteen months from the date of so purchasing or acquiring possession, run not less than six trains each way each week for the whole length of the line.

Whenever throughout this Act rights or liabilities are conferred or imposed upon promoters, the term “promoters” shall (unless manifestly repugnant to or inconsistent with the context) be limited to mean the particular promoters who for the time being have the control and management of the tramways or works incident to which the rights or liabilities are conferred or imposed as the case may be.