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TRAMWAYS (IRELAND) AMENDMENT ACT 1861

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - LONG TITLE

An Act to amend the Tramways, (Ireland), Act, 1860.{1}
[6th August 1861]
Preamble, which recites the Tramways (I) Act 1860 (c.152), rep. by
SLR 1892

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 1
Recited Act and this Act to be read together.

1. The said recited Act shall be continued and be in full force,
except when the same shall be altered or amended by or be
inconsistent with the provisions of this Act; and the recited Act
and this Act shall be read together as one Act.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 2
One approval by county council to be sufficient.

2. It shall not be necessary for the [county council] in future to
pronounce a provisional approval of the undertaking, but the [county
council] in proceeding under the fifth section of the said recited
Act shall definitely approve or disapprove of the said undertaking
at the first [quarterly meeting of the county council] at which the
same shall be brought before them, and it shall not be necessary
to obtain any further or other approval from the [county council]
at any subsequent [quarterly meeting of the county council.]

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 3
Applications may be at certain quarterly meetings.

3. The application to the [county council] for their approval may
be made either at the [third or first quarterly meeting of the
county council held next after the twelfth day of May in any
year.]

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 4
Advertisements, deposits, and notices, in case of applications at the
third quarterly meeting.

4. In case the application is made at the [said third quarterly
meeting], the advertisements required by the first section of the
said Act shall be published [at least two months before the said
quarterly meeting], and the deposits required by the second and
fourth sections of the said Act shall be made [at least one month
before the said quarterly meeting], and the notices required by the
third section shall be given [at least one month before the said
meeting.]

S.5 rep. by 1898 c.37 s.110(2) sch.6 Pt.VI

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 6
Inquiry by Board of Works to take place before application to
county council upon request of promoters, and deposit.

6. The inquiry by the Board of Works directed by the ninth section
of the said Act shall take place before any application is made to
the [county council], in order that their report shall be submitted
to the [county council] at the first application; and the Board of
Works shall institute such inquiry upon the request of the
promoters, and upon having deposited with them a reasonable sum, not
in any case exceeding one hundred pounds, to cover the expenses of
such inquiry.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 7
Inquiry to be confined to engineering questions.

7. The inquiry to be made by the Board of Works, and the report
to be made thereon, shall extend only to the merits of the
undertaking in an engineering point of view, and to any modification
of the same in that respect which may be advantageously made.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 8
An existing company may be empowered to execute the undertaking.

8. Instead of constituting a new company under the fifteenth section
of the said Act, the Lord Lieutenant in Council may, if he shall
so think fit, and if so desired by the promoters, empower any
existing company incorporated by Act of Parliament or charter, or
constituted by any statute regulating joint stock companies, to
execute such undertaking, if it shall appear that such company have
power to provide the necessary capital and to apply the same to
the purposes of such undertaking; but no such order shall be deemed
or taken to authorize or sanction the employment by the said
company for the purposes of such undertaking, or of the application
for the same, of any funds which independently of such order they
would not have power so to apply.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 9
Orders in Council to be valid without confirmation by Parliament if
no appeal is presented against approval.

9. In any case in which the undertaking shall be approved of by
the [county council], and no petition of appeal shall be presented
against such approval to the Lord Lieutenant in Council by any of
the parties entitled under such Act to appeal, the Order in Council
shall immediately take effect without any Act of Parliament
confirming the same; but in any case in which such petition of
appeal is presented before the Order in Council is made, such Order
shall have no effect until confirmed by Act of Parliament, even
although no person shall appear to sustain such appeal; and when
any Order shall be made after the presentation of such appeal, the
fact of such appeal having been presented shall be stated in such
Order.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 10
County Council may give permission for tramway to cross a highway.

10. In any case in which persons constructing any tramway shall
only seek under the provisions of the said Act power to cross a
highway, it shall be lawful for the [county council], with the
previous approbation of the [quarterly meeting of the rural district
council or an adjournment thereof] held for the [county district] in
which such proposed crossing is situate, to give permission for such
crossing to be made; and thereupon and immediately upon such
permission being given, and without any other approval, it shall be
lawful for the persons constructing such tramway to lay down the
same across any public road or roads for which permission shall
have been so given; and it shall be lawful for the [county
council] to annex to such permission any conditions or stipulations
which to them shall seem fit; and in case such permission shall be
used by the promoters, they shall be bound by such conditions and
stipulations as if the same had been inserted in a special Act of
Parliament authorizing such crossing, and all persons interested in
same may have the same rights and remedies; and it shall be
further lawful for the [county council], if they shall so think
fit, before such permission is acted on, to require persons of
sufficient substance, to be approved of as they may direct, to
enter into a bond to the secretary of the [county council], county
treasurer, or such other person as they may appoint, in such sum
as they may name conditioned for the observance of all such
conditions and stipulations.

TRAMWAYS (IRELAND) AMENDMENT ACT 1861 - SECT 11
Short title.

11. This Act may be cited as "The Tramways, (Ireland), Amendment
Act, 1861."