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TRAMWAYS (IRELAND) ACT 1860

TRAMWAYS (IRELAND) ACT 1860 - LONG TITLE

An Act to facilitate internal Communication in Ireland by means of
Tramroads or Tramways.{1}
[28th August 1860]
Preamble rep. by SLR 1892

TRAMWAYS (IRELAND) ACT 1860 - SECT 1
Promoters to give notice by advertisement as in sch. (A) Part I.

1. Any persons intending to apply under this Act for authority to
make and maintain a tramway, which persons are herein-after called
the promoters, shall in the months of April and May, or either of
them, immediately preceding the application, publish notice of their
intention by advertisement, according to the regulations contained in
schedule (A) to this Act, Part I.

Proviso rep. with saving by 1883 c.43 s.23(1)

Deposit of plan, section, &c. as in sch. (A) Part II, &c.

TRAMWAYS (IRELAND) ACT 1860 - SECT 2

2. On or before the first day of May in the same year, the
promoters shall deposit with [the Department of the Environment]...

1.A copy of the advertisement published by them;

2.A published map to a scale of not less than a quarter of an
inch to a mile, with the line of the proposed tramway delineated
thereon, so as to show its general course and direction;

3.A plan, book of reference, and section, prepared according to the
regulations contained in schedule (A) to this Act, Part II;

Notice to owners of lands as in sch. (A) Part III.

TRAMWAYS (IRELAND) ACT 1860 - SECT 3

3. On or before the second day of the same month of May, the
promoters shall give to the owners or reputed owners, lessees or
reputed lessees, and occupiers, of all lands which the promoters
intend to apply for power to take, notice of their intention,
according to the regulations contained in schedule (A) to this Act,
Part III.

TRAMWAYS (IRELAND) ACT 1860 - SECT 4
Deposit of memorial and estimate, and lists as in sch. (A) Part
IV.

4. On or before the twelfth day of the same month of May, the
promoters shall deposit with [the Department of the Environment]

1.A memorial of the promoters, signed by them or some or one of
them, addressed to the Lord Lieutenant in Council, praying for an
Order in Council authorizing the making of the tramway, with a
draft of the proposed Order scheduled to the memorial;

2.An estimate of the expense of the undertaking, signed by the
person making the same;

3.Lists of the owners and others to whom the promoters have given
such notice as is herein-before required, prepared according to the
regulations contained in schedule (A) to this Act, Part IV;

Preliminary inquiry by the Department of the Environment.

TRAMWAYS (IRELAND) ACT 1860 - SECT 5

5. ... [the Department of the Environment] shall, on the application
of the promoters, inquire whether or not the requirements contained
in the foregoing enactments have been complied with (for which
purpose they shall have power to summon witnesses, and require the
production of documents, and take evidence on oath or otherwise),
and shall hear any person interested in contending that such
requirements have not been complied with, who shall lodge with [the
Department of the Environment] a memorial complaining of
non-compliance in some particular specifically stated in such
memorial, and shall then proceed to inquire generally into the prima
facie merits of the undertaking. With reference thereto [the
Department of the Environment]... shall hear in opposition to the
application any owner, lessee, or occupier of any lands proposed to
be taken for the purposes of the undertaking, or alleged to be
injuriously affected thereby, and any railway or other company or
person desiring to be heard in opposition on the ground of
competition, or any part of whose rails, trams, stations, works, or
accommodations is proposed to be taken or in any manner used or
interfered with for the purposes of the undertaking, and the
inhabitants of any town, place, or district alleged to be
injuriously affected by the undertaking. [The Department of the
Environment] shall then approve provisionally or disapprove, as they
may think fit, of the undertaking, with or without modification,
having regard to the compliance or non-compliance of the promoters
with the requirements aforesaid, and to the prima facie merits of
the undertaking, in engineering, financial, and other respects; and
such provisional approval or such disapproval (with, in case of
disapproval, the grounds thereof) shall be certified in writing under
the hand of [the Department of the Environment]; and in all cases
where the proposed undertaking is provisionally approved of by [the
Department of the Environment] it shall be lawful for any railway
company or owner of land who may have opposed the application for
the same to appeal against any such provisional approval to the
Lord Lieutenant in Council, who shall, as soon as may be, inquire
into the grounds of such provisional approval, and allow or disallow
the appeal.

Ss.6, 7 rep. by SRO (NI) 1973/285

TRAMWAYS (IRELAND) ACT 1860 - SECT 8
On disapproval, &c., application shall be deemed to have failed.

8. [Where the Department of the Environment disapproves of the
undertaking], and no appeal is brought against such disapproval, or
any appeal brought is disallowed, then and in every such case the
application of the promoters shall be deemed to have wholly failed.

TRAMWAYS (IRELAND) ACT 1860 - SECT 9
On provisional approval, &c. a public inquiry shall be made by
Board of Works as in sch. (A) Part V, &c.

9. In every other case the Commissioners of Public Works,
herein-after called the Board of Works, as soon as may be after
such provisional approval or such allowance of appeal as aforesaid,
on the application of the promoters and on being furnished by them
with duplicates of all such plans and other documents as are
herein-before required to be deposited, and with all such other
plans and documents and all such other information as the Board of
Works may require, shall, by such fit persons or person as they
shall appoint for the purpose, make public inquiry concerning the
merits of the undertaking (to be held on or near some part of the
lands proposed to be taken for the tramway, and according to the
regulations contained in schedule (A) to this Act, Part V), and
shall report their opinion thereon, and by such report recommend, if
they think fit, any such modification of the undertaking, in an
engineering or financial or other respect, as may seem to them of
public or local advantage.

Ss.10, 11 rep. by SLR (NI) 1954

TRAMWAYS (IRELAND) ACT 1860 - SECT 12
Notice of appeal.

12. On the promoters bringing an appeal they shall give notice
thereof by advertisement inserted in the [Belfast Gazette] and in
the same newspaper or newspapers in which the advertisement required
by section one of this Act was inserted by them. On any such
appeal the Lord Lieutenant in Council shall, as far as may be
requisite, take into consideration all such reports and documents and
other things relative to the undertaking as were before [the
Department of the Environment] whose disapproval is appealed from,
and shall hear in opposition to the appeal any such owner, lessee,
occupier, company, person, or inhabitants as aforesaid.

TRAMWAYS (IRELAND) ACT 1860 - SECT 13
On definite approval, &c. Lord Lieutenant in Council to make Order.

13. Where the undertaking is definitely approved of by [the
Department of the Environment] before whom the application comes, or
all appeals against the disapproval of it are allowed, then and in
every such case the Lord Lieutenant in Council shall settle and
make an Order in Council, authorizing the making and maintaining of
the tramway, subject and according to the provisions of this Act,
by such persons or person or body corporate or company, in such
manner, subject to such restrictions and provisions, and on such
terms and conditions as shall be therein specified.

TRAMWAYS (IRELAND) ACT 1860 - SECT 14
Order to be confirmed by Act of Parliament.

14. Thereupon, and on the promoters doing everything required to be
done by them by any provision for securing the completion of the
tramway applicable in their case, the Lord Lieutenant in Council
shall, as soon as conveniently may be, procure all necessary steps
to be taken for the confirmation of such Order in Council by Act
of Parliament; and until such confirmation the Order shall have no
effect whatever. The Bill for any such Act shall be introduced on
or before the first of June, and treated in all respects as a
Public Bill. The Order to be confirmed by the Bill shall be
specified in a schedule to it, but shall not be set out at length
therein. The promoters shall deposit, for the use of the members of
the Houses of Parliament respectively, so many copies of the Order
in such offices of the Houses respectively as the clerk of the
Parliaments and the Speaker of the House of Commons respectively may
from time to time direct.

TRAMWAYS (IRELAND) ACT 1860 - SECT 15
If desired by promoters, company to be constituted by the Order.

15. Where the promoters desire that a joint stock company shall be
constituted for the execution of the undertaking, the Order
authorizing the making of the tramway shall contain proper
provisions, with apt terms, for uniting into a company for that
purpose such persons as shall be named or referred to therein,
being subscribers to the undertaking, and for incorporating them into
a company, by an appropriate name, with perpetual succession and a
common seal, and with power to purchase and hold land for the
purpose of the undertaking, subject and according to the restrictions
of this Act and of the Order.

TRAMWAYS (IRELAND) ACT 1860 - SECT 16
Order to prescribe amount of capital, &c.

16. Every such Order shall prescribe the amount of the share
capital of the company (the same and every part thereof to be
applied only in carrying into execution the objects and purposes of
the Order), the number of the shares into which the capital shall
be divided, the amount of each share, the amount and intervals of
calls, and the maximum aggregate amount to be called within a
certain time.

TRAMWAYS (IRELAND) ACT 1860 - SECT 17
Order may empower company to borrow, &c.

17. Any such Order may (where it seems to the Lord Lieutenant in
Council expedient) empower the company to borrow on mortgage or bond
such money as in the Order shall be specified (the same and every
part thereof to be applied only in carrying into execution the
objects and purposes of the Order), and may provide, in such manner
as may seem fit, for the payment of interest on and the discharge
of the principal money borrowed, and for the appointment of a
receiver on behalf of mortgages: Provided always, that no such Order
shall empower the company to borrow more money in the whole than
one third of the amount of their share capital, or to borrow any
money whatever until the whole of their share capital is subscribed
for, and one half of it is actually paid up, and they prove to
the justice who is to certify, under the provisions contained in
the fortieth section of the Companies Clauses Consolidation Act,
1845, that all such capital has been subscribed for bona fide, and
is held by subscribers or their assigns, and for which such
subscribers or their assigns are legally liable.

TRAMWAYS (IRELAND) ACT 1860 - SECT 18
Order to prescribe time of first meeting, and as to management, &c.
of company.

18. Every such Order shall prescribe the time within which the
first general meeting of the shareholders shall be held, and may
prescribe or provide for any such thing relating to the
constitution, management, rights, powers, or duties of the company as
is ordinarily prescribed or provided for in a special Act
authorizing the construction of a railway and incorporating a company
for that purpose.

TRAMWAYS (IRELAND) ACT 1860 - SECT 19
1845 cc.18, 20 and 1851 c.70 to be incorporated with Order in
Council.

19. Every such company, and no other, shall be deemed to be a
tramway company within the meaning of this Act; and (subject to the
other provisions of this Act) the Companies Clauses Consolidation
Act, 1845, shall apply to every tramway company, and shall be
incorporated with the Order constituting it, and (subject as
aforesaid) the Lands Clauses Consolidation Act, 1845, the Railways
Clauses Consolidation Act, 1845, and the Railways Act (Ireland),
1851, shall apply to every tramway authorized by any Order (whether
a tramway company is thereby constituted or not), and shall be
incorporated with every such Order.

TRAMWAYS (IRELAND) ACT 1860 - SECT 20
Construction of incorporated Acts with Order in Council.

20. In the construction of the said Acts in connexion with any
such Order

The expression "the special Act", used in the said Acts, shall be
taken to mean or apply to any such Order as and when confirmed by
Act of Parliament;

The expression "the undertaking" and "the railway", used in the said
Acts, shall be respectively taken to mean or apply to the tramway
and works by such Order authorized;

The expression "the company", used in the said Acts, shall be taken
to mean, as to the Companies Clauses Consolidation Act, 1845, a
tramway company, and as to the said other Acts, the persons or
person or body corporate or company authorized by any such Order to
make a tramway;

Plan and section of authorized alterations to be deposited, &c.
before tramway is begun.

TRAMWAYS (IRELAND) ACT 1860 - SECT 21

21. It shall not be lawful for the persons authorized to make a
tramway under this Act to begin to make the same without first
depositing, in like manner as a plan and a section are
herein-before required to be deposited, a plan and a section
(prepared in like manner as the original plan and section) of all
such alterations from the original plan and section as shall be
authorized by the Order in Council, and without also first
furnishing a duplicate thereof to the Board of Works.

TRAMWAYS (IRELAND) ACT 1860 - SECT 22
Plan, &c. furnished to Board of Works to be sufficient for purposes
of 1851 c.70.

22. For the purposes of the application of the Railways Act
(Ireland), 1851, to a tramway under this Act, any map, plan, book
of reference, and section furnished to the Board of Works under
this Act shall be sufficient and the same shall be used and
proceeded on in lieu of the maps or plans and schedules of lands,
works, and names by the last-mentioned Act required. Such estimates,
and such draft award, and copies thereof and of parts thereof, as
are by the same Act required, shall be deposited in like manner as
plans and other documents are herein-before required to be deposited,
and not otherwise; and the terms of notice of deposit to be
published under that Act shall be altered accordingly.

TRAMWAYS (IRELAND) ACT 1860 - SECT 23
Certain provisions of incorporated Acts to be excepted.

23. The provisions of the said Acts directing deposits to be made
with [chief clerks] (except the provisions relative to access to the
special Act) and with .... postmasters and the provisions with
respect to the crossing of roads and other interferences therewith
(other than the provisions of the Railways Clauses Consolidation Act,
1845, sections 65, 66, 67), and the provisions with respect to the
use of locomotive engines or other moving power, not being animal
power, shall be excepted out of the incorporation herein-before made;
and it shall be lawful for the Lord Lieutenant in Council, in and
by any such Order, if the circumstances of the case appear so to
require, to vary or except any of the provisions of any of the
said Acts.

TRAMWAYS (IRELAND) ACT 1860 - SECT 24
Working, construction and gauge of tramways.

24. Every tramway made under this Act shall be worked by animal
power only, and shall (unless in any case the Order in Council
otherwise provides) be constructed with iron rails or trams, and on
the gauge of five feet three inches. Any such tramway may be
authorized to be constructed wholly or partly along or across any
post road, road now or formerly a turnpike road, public highway,
street, square, market place, court, lane, alley, bridge, or quay,
or other public thoroughfare, passage, or place whatsoever, on the
level.

TRAMWAYS (IRELAND) ACT 1860 - SECT 25
Maximum tolls and rates of charge, and regulations, to be such as
prescribed by Order or sch. (B) to this Act.

25. Any such Order in Council may prescribe the maximum tolls and
rates of charge to be taken and made for passengers, animals, and
things conveyed on the tramway, not exceeding the tolls and rates
of charge specified in schedule (B) to this Act, and may make
regulations for the calculation and charging thereof; and in the
absence in any case of any special provisions for those purposes,
or so far as any such special provisions shall not extend, the
maximum tolls and rates of charge, and the regulations, shall be
those specified in the same schedule.

TRAMWAYS (IRELAND) ACT 1860 - SECT 26
Tramway may be varied, enlarged, &c.

26. It shall be lawful for the Lord Lieutenant in Council, on the
like proceedings and inquiry as are herein-before specified being
taken and made, to make an Order authorizing the varying, extending,
or enlarging of any tramway already authorized, and the maintenance
of the tramway, as and when so varied, extended, or enlarged. ...

TRAMWAYS (IRELAND) ACT 1860 - SECT 27
Time for completion may be extended, or abandonment may be
authorized.

27. It shall be lawful for the Lord Lieutenant in Council, by
Order, when the circumstances of any case appear to render it
expedient, to extend the time limited for the completion of a
tramway, or to authorize the abandonment of all or any part of a
tramway: Provided always, that it shall not be lawful for the Lord
Lieutenant in Council to make any such Order without notice being
given to the owners or reputed owners, lessees, or reputed lessees,
and occupiers of the lands in which the work or the part thereof
intended to be abandoned is situate, or without notice being given
to such other persons or authorities as the Lord Lieutenant in
Council may think fit, or without hearing any person or authority
concerned and desiring to be heard....

TRAMWAYS (IRELAND) ACT 1860 - SECT 28
On abandonment, damage to be made good; and land to be used for
highway purposes, or to go back to original owner.

28. Provided always, that any Order in Council authorizing the
abandonment of a tramway, or any part thereof, shall be made and
take effect subject to the following restrictions and conditions:

<1.The Order shall contain such provisions as may appear expedient for compelling the owners of the tramway to make good any damage that may have been caused to any post road, turn-pike road, public highway, street, square, market place, court, lane, alley, bridge, or quay, or other public thoroughfare, passage, or place, by or in consequence of the making of the tramway, or of the part thereof authorized to be abandoned (as the case may be):

<2.If, on the application for the Order, it is shown to the Lord Lieutenant in Council that all or any lands acquired by the owners of the tramway for the purposes thereof, or of the part thereof authorized to be abandoned (as the case may be), may with advantage be dedicated for highway purposes to the use of the public, and to that end be placed under the control of [the Department of the Environment], ... the Order in Council shall contain such provisions in that behalf as may appear expedient:

<3.In the absence of any such provisions, and so far as all or any such provisions shall not extend, the lands acquired by the owners of the tramway for the purposes thereof, or of the part thereof authorized to be abandoned (as the case may be), shall go to and vest in the person or persons from whom the same were acquired, his or their respective heirs, successors, executors, administrators, or assigns, (according to the tenure of the lands,) discharged from all estates, interests, and claims of the owners of the tramway, or any person claiming under them, and as if any Order authorizing the making of the tramway had never been made or confirmed, or as near thereto as circumstances will admit.

TRAMWAYS (IRELAND) ACT 1860 - SECT 29
Security by promoters for completion of tramway.

29. Where the promoters are not an existing tramway company, and a
tramway company is constituted by the Order in Council authorizing
the undertaking, and also where the promoters are an existing
tramway company, but are not possessed of a tramway actually open
for traffic, then and in every such case the promoters shall give
security for the completion of the proposed tramway as follows:

[1.Within fourteen days after the making of the Order they shall
either pay into the Supreme Court a sum equal to five per centum
of the estimated cost of the undertaking, or deposit in the Court,
or transfer into the name of the Accountant General, Exchequer bills
or other Government securities equal to that sum at the price at
which such bills or securities were originally purchased by the
promoters, which price shall be proved by the broker's certificate
of such purchase:

<2....]

<3.The [High Court], on the petition in a summary way of the persons or person making such payment, deposit, or transfer, or the majority of such persons, or the survivors or survivor of them, herein-after called the depositors or depositor, may order that any money so paid, or any interest or dividend accrued on any bills or securities so deposited or transferred, be invested in any such securities as the depositors or depositor may desire and the Court approve:

<4.In the following cases, and not otherwise, the [High Court], on the petition in a summary way of the depositors or depositor, shall order the money, bills or securities, so paid, deposited, or transferred, and any securities in which any investment may be made as aforesaid, and any interest or dividend accrued thereon respectively, to be paid or transferred to or into the names or name of the depositors or depositor; namely,

(1)If an Act of Parliament, confirming the Order in Council with
respect to which such payment, deposit, or transfer is made does
not pass in the session current at the date of the Order, or, if
Parliament be not then sitting, then in the session beginning next
after that date:

(2)If such Act does so pass, and within the time limited for the
completion of the tramway the company open it for traffic, or prove
to the Board of Works that they have paid up one-half of their
share capital, and have expended for the purposes of the Order a
sum equal to such half, or else execute a bond in twice the
amount paid into the Bank or represented by the deposit or transfer
aforesaid, conditioned for payment to Her Majesty, her heirs or
successors, of that amount, in the event of their failing either to
open the tramway for traffic, or to give such proof as aforesaid,
within the time limited for the completion of the tramway (such
bond to be prepared to the satisfaction of and deposited with the
Board of Works, and to be made with a surety or sureties approved
of by the Board of Works):

<5.If an Act confirming the Order passes as aforesaid, and the time limited for completion of the tramway expires before it is opened for traffic, or before such proof as aforesaid is given, then the money, bills, or securities paid, deposited, or transferred, and any securities in which any investment may have been made as aforesaid, and any interest or dividend accrued thereon respectively, or the monies secured by any bond given as aforesaid, (or as the case may be,) shall, immediately on the expiration of the time so limited, be forfeited to Her Majesty, and be paid or transferred, by the officer or person in whose name the same shall then be standing, or by whom the same may be recovered and received, to the account of Her Majesty's Exchequer, and shall then be carried to and form part of the Consolidated Fund of the United Kingdom:

<6.The certificate of the Board of Works that a confirming Act of Parliament has or has not passed as aforesaid, or that the tramway has or has not been opened for traffic, or that such proof or such bond as aforesaid has or has not been given, shall be conclusive evidence thereof.

TRAMWAYS (IRELAND) ACT 1860 - SECT 30
Suspension of dividends where another tramway is authorized, or time
is extended.

30. Where an Order in Council authorizes an existing tramway
company, being possessed of a tramway actually open for traffic, to
make another tramway, or extends the time limited for the completion
by a tramway company of their tramway, then and in every such case
the Order shall provide that after the expiration of a time thereby
limited (not exceeding in the former case five and in the latter
case three years from the passing of the confirming Act) the
payment of dividend on the company's ordinary capital shall be
suspended until the tramway to which the Order relates is open for
traffic.

TRAMWAYS (IRELAND) ACT 1860 - SECT 31
In other cases other provision to be made for securing completion.

31. Where the provisions of either of the two last preceding
sections are not applicable, the Lord Lieutenant in Council shall
make such other provision as may seem fit for securing the
completion of the tramway within the time limited.

TRAMWAYS (IRELAND) ACT 1860 - SECT 32
Expenses to be paid by promoters, &c.

32. All costs, charges, and expenses necessarily incurred in
connection with the making of any such Order in Council, or any
proceeding preliminary thereto, shall be paid by the promoters; and
all other costs, charges, and expenses shall be in the discretion
of the Lord Lieutenant in Council.

TRAMWAYS (IRELAND) ACT 1860 - SECT 33
Power to the Department of the Environment and promoters to enter
and survey lands.

33. For the purposes of any application made or intended to be
made under this Act, it shall be lawful for [the Department of the
Environment], ..., and also for the promoters, their engineers,
surveyors, agents, servants, and workmen, at all reasonable times,
and causing as little inconvenience as may be, to enter on any
lands in or near the line of the proposed tramway, (not being
lands which cannot be authorized to be taken under this Act for
the purposes of a tramway without the consent in writing of the
owner thereof,) and to survey or otherwise examine the same, and to
dig or bore therein; provided, that he or they first obtain
authority so to do in writing under the hand of a justice of the
peace at petty sessions in and for the district where the lands
are situate, such justice not having any pecuniary interest in the
undertaking. The promoters shall also make full compensation for any
damage caused under this provision; the amount of such compensation
to be fixed by two or more justices of the peace at petty
sessions in and for the same district (whose order shall be
conclusive), and to be recovered as any compensation money for lands
taken by the promoters is recoverable.

TRAMWAYS (IRELAND) ACT 1860 - SECT 34
Rules as to deposits.

34. No deposit required by this Act shall be of any effect if
made on a Sunday; and any deposit made after eight o'clock in the
evening of any week day but Saturday shall be deemed to be made
on the following day, and if made after that hour on a Saturday
shall be deemed to be made on the following Monday.

TRAMWAYS (IRELAND) ACT 1860 - SECT 35
Department of the Environment shall enter time of deposit of
documents and permit inspection, &c.

35. [The Department of the Environment] ... shall make a memorandum
in writing on every document deposited with [it] under this Act,
showing the time of deposit, and shall permit any person to inspect
and examine the same at all reasonable hours and during a
reasonable time, and to make copies of or extracts from it.

S.36 rep. by 1898 c.37 s.110(2) sch.6. S.38 rep. by 1898 c.37
s.110(2) sch.6; SRO (NI) 1973/285

TRAMWAYS (IRELAND) ACT 1860 - SECT 39
Provisions as to altering level of streets when tramways are made
through towns.

39. Where any tramway shall be made through any city or town, it
shall not be lawful to alter the level of any street therein
without the consent of two-thirds of the owners of the houses
adjoining the same, or in such a manner as to prevent convenient
access to all the houses adjoining such street; and in no case
shall the level be altered more than four feet; and when any
street shall be so raised or sunk, the whole of the surface of
the roadway of such street shall be brought by the promoters to
the same level, unless it shall appear to the Board of Works that
such alteration is objectionable.

S.40 rep. by SRO (NI) 1973/285

TRAMWAYS (IRELAND) ACT 1860 - SECT 41
Promoters of tramways on tidal lands to deposit plan, &c. at the
Admiralty, &c.

41. Where any part of a tramway is proposed to be made on tidal
lands within the flow of ordinary spring tides, the promoters shall,
on or before the first day of May in the year in which their
application is begun, deposit with the secretary of the Lord High
Admiral of the United Kingdom, or the Commissioners for executing
the Office of Lord High Admiral, a copy of so much of the plan
and section aforesaid as relates to such tidal lands. The Board of
Works, in the course of their public inquiry, shall inquire whether
or not the last-mentioned requirement has been complied with, and
shall take into consideration any communication that the Lord High
Admiral, or Commissioners may think fit to make to the Board of
Works respecting such tidal lands, and shall in their report
respecting the undertaking refer to such communication, and state any
recommendations that they may think fit to make in consequence
thereof. The Preliminary Inquiries Act, 1851, shall apply, mutatis
mutandis, in respect of any application for an Order in Council
under this Act, as if the same were an application to Parliament
for such a Bill as is in that Act mentioned.

TRAMWAYS (IRELAND) ACT 1860 - SECT 42
Lands not to be taken without owner's consent, except lands
adjoining to public roads, &c.

42. Nothing in this Act, or in any Order under it, shall be
deemed to authorize any lands to be taken for the purposes of the
undertaking without the consent in writing of the owner thereof,
except such lands as may be not more than thirty feet distant at
any point on a line drawn horizontally from the centre of some
post road, turnpike road, public highway, bridge, or quay.

TRAMWAYS (IRELAND) ACT 1860 - SECT 43
Houses, gardens, &c. not to be taken without owner's consent.

43. Nothing in this Act, or in any Order under it, shall be
deemed to authorize to be taken for the purposes of the undertaking
any mansion house, or house wholly built of stone or brick with
lime, or any of the outbuildings or offices thereof, or any part
of any yard, haggard, garden, orchard, or plantation attached or
belonging thereto or any part of any deer park or other park or
demesne, or planted or ornamental walk, drive, approach, or avenue,
or of any ground ornamentally planted, or of any lawn or bleach
green, without the consent in writing of the owner thereof
respectively, although the same may lie within such limited distance
as in the last preceding section is mentioned.

TRAMWAYS (IRELAND) ACT 1860 - SECT 44
Owners of sewers, &c. not to be impeded from access thereto, &c.

44. Nothing in this Act, or in any Order under it, shall be
deemed to empower the owners or promoters of a tramway to impede,
at any time, the owners of any sewer, drain, main, or pipe from
having access to the same for the purpose of cleansing, repairing,
removing, adding to, or amending it, or to give the owners or
promoters of a tramway any claim for compensation or damages for or
by reason of any unavoidable injury to or for any temporary
stoppage of the tramway that may be necessary for or in the
execution of any such cleansing, repair, removal, addition, or
amendment.

TRAMWAYS (IRELAND) ACT 1860 - SECT 45
Lord Lieutenant in Council may make general rules for execution of
this Act.

45. It shall be lawful for the Lord Lieutenant in Council, by
Order, to make from time to time such general rules as may seem
fit for the effectual execution of this Act, and the regulation of
the procedure on appeals, and on inquiries by the Board of Works,
and generally of all proceedings under this Act, and also for
fixing the amount of any fees, and the allowance, taxation, and
payment of any costs, charges, and expenses to be taken, allowed,
and paid under this Act, and for the remuneration of any ...
person employed in the execution of this Act under the direction or
authority of [the Department of the Environment] or of the Board of
Works or otherwise, and from time to time to revoke or amend any
such rules; but no such rules shall have any effect until the
expiration of one month after the same shall have been published in
the [Belfast Gazette], and laid before both Houses of Parliament.

TRAMWAYS (IRELAND) ACT 1860 - SECT 46
General Railway Acts in sch. (C) to apply to tramways.

46. The Acts specified in schedule (C) to this Act shall, as far
as circumstances will admit, and as far as those Acts are not
inconsistent with this Act, apply to tramways under this Act. For
the purposes of those Acts, a tramway under this Act shall be
deemed to be a railway (although the moving power is animal only),
and the word "company" in any of those Acts shall be deemed to
mean the owners of a tramway under this Act (whether a company or
not), and the Board of Works shall be deemed to be in the place
of the Lords of the Committee of Her Majesty's Privy Council
appointed for trade and foreign plantations, and with respect to the
constabulary the inspector general of constabulary shall be deemed to
be in the place of the Secretary-at-War, in any of those Acts
mentioned: Provided always, that with respect to tramways under this
Act, such rates of speed as the Board of Works may from time to
time direct shall be deemed to be substituted in sections 6 and 11
of the Railway Regulation Act, 1844, for the rates therein
respectively mentioned or referred to.

TRAMWAYS (IRELAND) ACT 1860 - SECT 47
Tramways not to be exempt from future General Acts, &c.

47. Nothing in this Act, or in any Order under it, shall be
deemed to exempt any tramway from the provisions of any future
General Act relating to tramways or tramway companies, or their
accounts, or from any future revision or alteration, under authority
of Parliament, of the maximum tolls or rates of charge authorized
by this Act, or any Order under it.

TRAMWAYS (IRELAND) ACT 1860 - SECT 48
Order in Council may apply amended Standing Orders.

48. Provided always, that if at any time it shall appear to the
Lord Lieutenant in Council to be expedient that any provision that
may be hereafter adopted in the Standing Orders of either House of
Parliament relative to Private Bills should be applied to tramways
or proceedings under this Act, it shall be lawful for the Lord
Lieutenant in Council, by Order, to apply such provision accordingly
in such manner as may seem fit, notwithstanding that the same may
be inconsistent with any of the regulations contained in the
schedules to this Act, and from time to time to revoke or amend
any such Order; but no such Order shall have any effect until the
expiration of one month after the same shall have been published in
the [Belfast Gazette], and laid before both Houses of Parliament.

TRAMWAYS (IRELAND) ACT 1860 - SECT 49
Interpretation of terms.

49. In this Act

The expression "the Lord Lieutenant in Council" means the Lord
Lieutenant by and with the advice of Her Majesty's Privy Council in
Ireland;

Definition rep. by SRO (NI) 1973/285

The word "lands" includes lands, houses, buildings, and hereditaments
of any tenure;

The word "owner", used with reference to lands, means any person
who, under the provisions of any Order in Council made under this
Act, is enabled to sell and convey lands to the owners of a
tramway;

And the words "persons" and "person" shall (unless there be
something repugnant in the subject or context) be construed to
include a body corporate or a company.

TRAMWAYS (IRELAND) ACT 1860 - SECT 50
Extent of Act.

50. This Act shall extend to Ireland only, and may be cited as
"The Tramways (Ireland) Act, 1860".

Section 1.

1. Every advertisement shall state

<(1)The objects of the intended application:

<(2)The description of the termini, with the names of the parishes, townlands, townships, and extra-parochial places, from, through, or into which the tramway is intended to be made:

<(3)The times and places at which the deposit required by section 2 of this Act will be made:

<(4)The intention of the promoters (if they intend) to apply for powers for the compulsory purchase of lands.

2. The whole notice shall be included in one advertisement, which
shall be headed with a short title descriptive of the undertaking.

3. The advertisement shall be inserted in three successive weeks in
some one and the same newspaper of the [local government district]
in which the lands to which the application relates are situate,
or, if there be none, then in a newspaper of some adjoining or
neighbouring [local government district]. Where the application relates
to lands situate in more than one [local government district], the
advertisement shall be inserted once in each of three successive
weeks in a newspaper published at least twice a week in [Belfast],
and in a newspaper of the [local government district] in which is
the principal office of the promoters, and in a newspaper of every
[local government district] in which any new work is proposed to be
executed, or in which any lands are situate in respect of which
any new or further powers for the completion of works already
authorized are intended to be applied for.

4. The advertisement shall in all cases be also inserted once in
the [Belfast Gazette].1. Every plan required to be deposited shall
be drawn to a scale of not less than four inches to a mile, and
shall describe the line or situation of the whole of the work (no
alternative line or work being in any case permitted), and the
lands in or through which it is to be made, maintained, varied,
extended, or enlarged, or through which every communication to or
from the work shall be made; and where it is the intention of the
parties to apply for powers to make any lateral deviation from the
line of the proposed work, the limits of such deviation shall be
defined upon the plan, and all lands included within such limits
shall be marked thereon; and unless the whole of such plan shall
be upon a scale of not less than a quarter of an inch to every
one hundred feet, an enlarged plan shall be added of any building,
yard, courtyard, or land within the curtilage of any building, or
of any ground cultivated as a garden either in the line of the
proposed work or included within the limits of the said deviation,
upon a scale of not less than a quarter of an inch to every one
hundred feet.

2. The plan shall exhibit thereon the distances in miles and
furlongs from one of the termini; and a memorandum of the radius
of every curve, not exceeding one mile in length, shall be noted
on the plan in furlongs and chains; and where tunnelling, as a
substitute for open cutting, is intended, such tunnelling shall be
marked by a dotted line on the plan.

3. If it be intended to divert, widen, or narrow any turnpike
road, public carriage road, navigable river, canal, tramway, or
railway, the course of such diversion, and the extent of such
widening or narrowing, shall be marked on the plan.

4. The book of reference to every such plan shall contain the
names of the owners or reputed owners, lessees or reputed lessees,
and occupiers of all lands in the line of the proposed work, or
within the limits of deviation as defined upon the plan, and shall
describe such lands.

5. The section shall be drawn to the same horizontal scale as the
plan, and to a vertical scale of not less than one inch to one
hundred feet, and shall show the surface of the ground marked on
the plan, the intended level of the proposed work, the height of
every embankment and the depth of every cutting, and a datum
horizontal line, which shall be the same throughout the whole length
of the work or any branch thereof respectively, and shall be
referred to some fixed point (stated in writing on the section)
near either of the termini.

6. The line of the tramway marked on the section shall correspond
with the upper surface of the trams.

7. Distances on the datum line shall be marked in miles and
furlongs to correspond with those on the plan; a vertical measure
from the datum line to the line of the tramway shall be marked in
feet and inches, or decimal parts of a foot, at each change of
the gradient or inclination; and the proportion or rate of
inclination between each such change shall also be marked.

8. Whenever the line of the tramway is intended to cross any
turnpike road, public carriage road, navigable river, canal, tramway,
or railway, the height of the tramway over or depth under the
surface thereof, and the height and span of every arch of all
bridges and viaducts by which the tramway will be carried over the
same, shall be marked in figures at every crossing thereof; and
where the tramway will be carried across any such turnpike road,
public carriage road, tramway or railway on the level thereof, such
crossing shall be so described on the section, and it shall also
be stated if such level will be unaltered.

9. If any alteration be intended in the water level of any canal,
or in the level or rate of inclination of any turnpike road,
public carriage road, tramway, or railway, which will be crossed by
the line of tramway, then the same shall be stated on the section,
and each alteration shall be numbered; and cross sections, in
reference to the said numbers, on a horizontal scale of not less
than one inch to every three hundred and thirty feet, and on a
vertical scale of not less than one inch to every forty feet,
shall be added, which shall show the present surface of such canal,
road, tramway, or railway, and the intended surface thereof when
altered; and the greatest of the present and intended rates of
inclination of such road, tramway, or railway shall also be marked
in figures thereon; and where any public carriage road is crossed
on the level, a cross section of such road shall also be added,
and all such cross sections shall extend for two hundred yards on
each side of the centre line of the tramway.

10. Wherever the extreme height of any embankment or the extreme
depth of any cutting shall exceed five feet, the extreme height
over or depth under the surface of the ground shall be marked in
figures upon the section; and if any bridge or viaduct of more
than three arches shall intervene in any embankment, or if any
tunnel shall intervene in any cutting, the extreme height or depth
shall be marked in figures on each of the parts into which such
embankment or cutting shall be divided by such bridge, viaduct, or
tunnel.

11. Where tunnelling, as a substitute for open cutting, or a
viaduct as a substitute for solid embankment, is intended, the same
shall be marked on the section.

12. Every plan and section shall be signed by the engineer of the
promoters.

1. The notice required to be given by section 3 of this Act shall
be given in respect of all lands intended to be taken, or which
may be taken as being within the limits of deviation defined upon
the plan, and shall be as nearly as may be in the form set forth
in the Appendix marked (A).

2. Such notice shall be given by being delivered personally to
every person to whom the same is to be given, or by being left
at his usual or last known place of abode, or, in his absence
from the United Kingdom, with his agent, on or before the first
day of May, or by being forwarded by post in a registered letter,
addressed with a sufficient direction to his usual place of abode,
and posted on or before the twenty-eighth day of April at the
Chief Post Office in... Belfast, ... at such hours and according to
such regulations as Her Majesty's Postmaster-General shall from time
to time appoint for the posting and registration of such letters.

3. In all cases the written acknowledgment of the person applied to
shall, in the absence of other proof, be sufficient evidence of a
notice having been given; and in case of a notice having been
forwarded by post in a registered letter, the production of the
post office receipt for such letter, duly stamped, in such form as
the Postmaster-General shall appoint, shall be sufficient evidence of
the due delivery of such letter; provided it appear that the same
was properly and sufficiently directed, and was not returned by the
post office as undelivered.

4. Except in the case of delivery of letters by post, a notice
served on a Sunday shall be of no effect, and a notice served
after eight o'clock in the evening of any week day but Saturday
shall be deemed to be served on the following day, and if served
after that hour on a Saturday shall be deemed to be served on the
following Monday.

WE beg to inform you, that application is intended to be made to
the Lord Lieutenant in Council, through the [grand jury of the
county of or as the case may be,] at the ensuing [summer assizes,
or as the case may be,] for an Order in Council [here insert a
short statement of the objects of the proposed Order], and that the
property mentioned in the annexed schedule, or some part thereof, in
which we understand you are interested as therein stated, will be
required for the purposes of the said undertaking, according to the
line thereof as at present laid out, or may be required to be
taken under the usual powers of deviation to the extent of yards
on either side of the said line which will be applied for, and
will be passed through in the manner mentioned in such schedule.

deposited, showing the greatest height

of embankment and depth of cutting

where the property is intersected by the

centre line of the proposed work.

Property in the line of the proposed

work as at present laid out (including

property any part of which is

within eleven yards, or thereabouts,

of the centre line of such proposed

work, as delineated upon the plan).

Property within the limits of the

deviation intended to be applied

for.

We also beg to inform you, that a plan and section of the said
undertaking, with a book of reference thereto, have been or will be
deposited with the [secretary of the grand jury of the said county,
or as the case may be], on or before the of , on which plan
your property is designated by the numbers set forth in the annexed
schedule.

As we are required to report whether you assent to or dissent from
the proposed undertaking, or whether you are neuter in respect
thereto, you will oblige us by writing your answer of assent,
dissent, or neutrality in the form left herewith, and returning the
same to us with your signature on or before the day of next; and
if there should be any error or misdescription in the annexed
schedule, we shall feel obliged by your informing us thereof, at
your earliest convenience, that we may correct the same without
delay.

our most obedient servants,To

Section 4.

Separate lists shall be made of the names of the owners or reputed
owners, lessees or reputed lessees, and occupiers, to whom notice
has been given, distinguishing those who have assented, dissented, or
are neuter in respect of such notice, or who have returned no
answer thereto; and where no written acknowledgment has been returned
to a notice sent by post, or where a notice by post has been
returned as undelivered, the direction of the letter in which the
notice was sent shall be inserted in the lists.1. The Board of
Works shall direct their attention especially to the following heads
of inquiry, and shall require evidence from the promoters thereon;
namely,

(1)The financial arrangements made or proposed by the promoters:

(2)Where the promoters propose that a company should be incorporated
by Order in Council for the execution of the undertaking, the
number and amount of shares actually subscribed for or agreed to be
taken, and the amount of share capital and of loans proposed to be
authorized:

(3)The sufficiency of the estimate for the works:

(4)The merits, in an engineering point of view, of the proposed
tramway; the character of the gradients and curves; the number and
extent of the tunnels, if any; the crossings or other user of
public roads on the level; and any peculiar engineering difficulties,
with the modes proposed for overcoming them:

(5)The degree of favour or objection with which the project is
regarded by the landowners and others in the neighbourhood of the
proposed tramway.

2. The Board of Works shall hear in opposition to the undertaking
any such owner, lessee, occupier, company, person, or inhabitants as
is or are entitled to be heard under the provisions of this Act
before a grand jury.

3. The Board of Works may call for the production of any documents
in the possession or power of the promoters, or of any company or
person admitted to be heard in opposition to the undertaking, which
the Board of Works may think necessary, and may examine any such
person and his witnesses, and the witnesses for any such company
and for the promoters, on oath or otherwise, and administer any
oath or declaration necessary for that purpose.

1. The maximum rates of charge to be made by the owners of the
tramway for the conveyance of passengers thereon, including the tolls
for the use of the tramway and of carriages, and cost of moving
power, and every other expense connected with such conveyance, shall
be

For every passenger conveyed in a first-class carriage, the sum of
twopence per mile:

For every passenger conveyed in a carriage of inferior class, the
sum of one penny halfpenny per mile.

2. The foregoing restrictions shall not extend to any special trains
that may be required to run on the tramway, but shall apply only
to the express and ordinary trains appointed from time to time by
the owners for the conveyance of passengers and goods on the
tramway.

3. Every passenger travelling on the tramway may take with him his
ordinary luggage, not exceeding one hundred pounds in weight for
first-class passengers and sixty pounds in weight for passengers of
inferior class, without any charge being made for the carriage
thereof.

4. Subject to the provisions herein-after contained respecting small
parcels and single articles of great weight, the tolls to be taken
by the owners of the tramway in respect of the tonnage of all
articles conveyed in carriages thereon, or on any part thereof,
shall be

For dung, and all sorts of manure, chalk, and all undressed
materials for the repair of roads or highways:

For all coals, coke, culm, ironstone, and iron ore:

For all charcoal, limestone, stones for building, pitching, and
paving, bricks, tiles, slates, clay, and sand:

For all iron, lead, tin, and tin plates (except nails, utensils, or
other articles of merchandise):

Not exceeding for the use of the tramway [threepence] per ton per
mile:

If conveyed in carriages provided by the owners of the tramway, an
additional sum per ton per mile not exceeding one eighth of a
penny:

If drawn or propelled by power provided by the owners of the
tramway, a further sum per ton per mile not exceeding three eighths
of a penny.

For all other goods, wares, merchandise, articles, matters, or things
(except carriages, herein-after otherwise provided for), not exceeding
for the use of the tramway twopence per ton per mile:

If conveyed in carriages provided by the owners of the tramway, a
further sum per ton per mile not exceeding one halfpenny:

If drawn or propelled by power provided by the owners of the
tramway, a further sum per ton per mile not exceeding one
halfpenny.

For every carriage, of whatever description (not being a carriage
adapted and used for travelling on a tramway, and not weighing more
than one ton), not exceeding for the use of the tramway sixpence
per ton per mile, and the sum of twopence per mile for every
additional quarter of a ton or fractional part of a quarter of a
ton above one ton which any such carriage may weigh:

If any such carriage be conveyed on a truck or platform provided
by the owners of the tramway, an additional sum per mile not
exceeding twopence:

If drawn or propelled by power provided by the owners of the
tramway, a further sum per mile not exceeding twopence.

5. The tolls to be taken by the owners of the tramway in respect
of animals conveyed in carriages on the tramway shall be

For every horse, mule, ass, or other beast of draught or burden,
ox, cow, bull, or head of neat cattle, conveyed in or upon any
such carriage, not exceeding for the use of the tramway threepence
per mile:

If conveyed in or upon any carriage provided by the owners of the
tramway, an additional sum per mile not exceeding one penny:

If such carriage be drawn or propelled by power provided by the
owners of the tramway, an additional sum per mile not exceeding
twopence.

For every calf, pig, sheep, lamb, or other small animal conveyed in
or upon any such carriage, not exceeding for the use of the
tramway one penny per mile:

If conveyed in any carriage provided by the owners of the tramway,
an additional sum per mile not exceeding one farthing:

If such carriage be drawn or propelled by power provided by the
owners of the tramway, an additional sum per mile not exceeding
twopence.

6. The maximum rate of charge to be made by the owners of the
tramway for the conveyance of animals, articles, matters, or things
respectively included in the classes before mentioned, including the
tolls for the use of the tramway, and of carriages, and cost of
moving power, and every other expense connected with such conveyance,
shall not exceed the amounts following:

For the matters mentioned in class 1, not exceeding [threepence] per
ton per mile:

For the matters mentioned in class 2, not exceeding threepence per
ton per mile:

For any carriage mentioned in class 3, not weighing more than one
ton, not exceeding tenpence per mile, and, if weighing more than
one ton, not exceeding twopence per mile for every quarter of a
ton or fractional part of a quarter of a ton additional:

For everything mentioned in class 4, not exceeding sixpence per
mile:

For everything mentioned in class 5, not exceeding threepence
farthing per mile:

Provided always, that it shall be lawful for the owners of the
tramways to demand and take, in addition to the tolls and rates of
charge herein-before authorized, a reasonable sum for the delivery
and collection of goods and other services incidental to the
business of a carrier, where such services respectively shall be
performed by the owners of the tramway otherwise than on the
premises of the tramway.

7. The following provisions and regulations shall be applicable to
the calculation of the tolls:

For passengers, animals, or things conveyed on the tramway for a
less distance than four miles the company may demand tolls as for
four miles:

For a fraction of a mile beyond four miles or beyond any greater
number of miles the company may demand tolls on merchandise for
such fraction in proportion to the number of quarters of a mile
contained therein; and if there be a fraction of a quarter of a
mile, such fraction shall be deemed a quarter of a mile; and in
respect of passengers every fraction of a mile beyond an integral
number of miles shall be deemed a mile:

For a fraction of a ton the company may demand toll according to
the number of quarters of a ton in the fraction; and if there be
a fraction of a ton, the fraction shall be deemed a quarter of a
ton:

With respect to all things, except stone and timber, the weight
shall be determined according to the usual avoirdupois weight:

With respect to stone and timber, fourteen cubic feet of stone,
forty cubic feet of oak, mahogany, teak, beech, or ash, and fifty
cubic feet of any other timber, shall be deemed one ton weight,
and so in proportion for any smaller quantity.

8. With respect to small parcels and single articles of great
weight, the owners of the tramway may lawfully demand for the
carriage thereof on the whole or any part of the line the tolls
following:

For any parcel not exceeding seven pounds in weight, sixpence:

For any parcel exceeding seven pounds in weight but not exceeding
fourteen pounds in weight, ninepence:

For any parcel exceeding fourteen pounds in weight but not exceeding
twenty-eight pounds in weight, one shilling:

For any parcel exceeding twenty-eight pounds in weight but not
exceeding fifty-six pounds in weight, one shilling and sixpence:

For parcels exceeding fifty-six pounds in weight but not exceeding
five hundred pounds in weight, such reasonable sum as the owners of
the tramway may think fit:

For the carriage of any one boiler or cylinder, or any one piece
of machinery, or single piece of timber or stone, or other single
article, the weight of which, including the carriage, shall exceed
three tons, the owners of the tramway may demand such sum as they
think fit.

9. Nothing herein contained shall be held to prevent the owners of
the tramway from taking any increased charge, over and above the
charges herein-before limited, for the conveyance of goods of any
description, by agreement with the owners of and persons in charge
of such goods, either in respect of the conveyance of such goods,
except small parcels, by passenger or other trains, or by reason of
any other special service performed by the owners of the tramway in
relation to such goods.

Act 1838.

1854.