THE LIGHT RAILWAYS ACT, 1896. CHAPTER I. GENERAL VIEW OF THE ACT. Chap. 1. THE object of this Act, as appears by reference to the Object of Act itself, is to facilitate the construction of light railways. Act. The Act is intituled “An Act to facilitate the Construction of Light Railways in Great Britain," and it enacts by section 1 (1) (2) that a Commission shall be appointed for the purpose of facilitating the construction of such railways, and that it shall be the duty of the Commissioners to carry the Act into effect, and to offer, so far as they are able, every facility for considering and maturing proposals to construct light railways. No definition is given by the Act of what constitutes "a No definilight railway," but the responsibility of determining to tion of light what cases the Act may be applied would seem to be placed railway. ultimately by sections 9 and 10 upon the Board of Trade. Some assistance may be afforded upon the question of what is meant by the term "light railway" by previous legislation. in 31 & 32 Vict. The Regulation of Railways Act, 1868, contains pro- Meaning visions enabling the Board of Trade to grant licenses to railway companies or others owning, leasing, or working c. 119. railways, to work the whole or part of their line as a light railway under certain conditions and regulations (sections 27—29 of that Act, post, p. 245), and though, as in the case of the Light Railways Act, there is no definition in that Act of the expression "light railway," that Act B Chap. 1. contains provision that the regulations to which light railways constructed or worked under that Act are to be subject shall not authorise a greater weight than eight tons to be brought by any one pair of wheels upon the rails, and that the speed of the trains shall not at any time exceed twenty-five miles an hour. Though these provisions are not applicable to railways under the Light Railways Act, except so far as the order authorising the railway may apply them thereto, yet from the fact that they may be so applied, and from the indication they afford of what at the time was considered by the Legislature as a light railway they are of importance in enabling an opinion to be formed of what is meant in the Light Railways Act by the expression "light railway." Meaning in Irish Acts. Includes steam tramway. The Acts relating to Ireland also afford assistance in arriving at the meaning of that expression. The Tramways (Ireland) Amendment Act, 1881, permitted a steam tramway to be authorised to run at a speed not greater than ten miles an hour in country districts or through a town or village at a speed not greater than six miles an hour. The Tramways and Public Companies (Ireland) Act, 1883, passed not long afterwards, gave the Board of Trade power by order to authorise a speed not exceeding twelve miles an hour elsewhere than through any town or village, and also enacted that where the tramway was more than thirty feet distant from the centre of the public road the limits of speed prescribed by that Act or by the Tramways (Ireland) Acts were not to apply. دو In the Light Railways (Ireland) Act, 1889, the expression "light railway" is declared to be used therein, except where the context may prohibit such use, to include "tramway as that word is used in the Tramways (Ireland) Acts. Consequently in Ireland the expression "light railway" may include a steam tramway. And it would seem clear that under the Light Railways Act, 1896, itself a steam tramway would well fall within the expression "light railway" as there used, so that the procedure given by that Act will be applicable for the promotion as well of Chap. 1. steam tramways as of light railways of the type more commonly described under the title of "light railway." The Light Railways Act contains no provision to the effect that the speed must be limited upon the light railways made under it, or that the weight of the engines or carriages is to be restricted, but the general idea of a light railway made with a relaxation of many of the more expensive provisions required in the case of ordinary railways for the greater safety of the public, would seem to be of one where a lower rate of speed is used, and where, consequently, a lighter equipment is possible and sufficient, and this view is strengthened by a consideration of the action of the Legislature as shown in the enactments above referred to. Trade to A light railway would, therefore, seem in general to be Board of one where a lower rate of speed is used, and where a lighter determine. equipment is permitted or required, but at the same time it must not be forgotten that the Light Railways Act has been framed intentionally without any definition of what is the precise meaning of the phrase "light railway,” in order that the powers of the Commissioners may not be unduly restricted, and that it has been thought by the Legislature sufficient to give to the Board of Trade the power of refusing to confirm the order which appears in section 9 of the Light Railways Act (post, p. 67). The above considerations will, it is supposed, be present to the Board of Trade in determining what is a light railway, though no doubt it is not untrue to say, that that is a "light railway" under the Light Railways Act which that Board allows so to be. In the absence of any direction in the Light Railways Limit of Act, it will be for the Commissioners, subject to the control speed and weight. of the Board of Trade, and having regard to the safety of the public, to determine either in each case, or by some general rule or order to be made, what limit (if any) of speed, of weight of carriages or engines, or what other any Chap. 1. requirements or limitations should be imposed upon light railways made under the Light Railways Act. At first probably it will be found convenient to deal with each case on its particular circumstances rather than to lay down hard-and-fast rules for such matters, and probably it will be considered by those constructing light railways preferable to obtain, if possible, orders permitting of considerable latitude, or of ready modification in the future, in the matter of the speed at which it may be lawful to run trains. An order following the lines suggested by the above Irish Acts putting a maximum of speed allowable without an order from the Board of Trade, and also giving a power to the Board of Trade to increase such maximum from time to time if it should appear advisable would be a permissible form of order, and might be found in many cases a satisfactory one. Light railway to be The Light Railways Act in order to carry out its object authorised of facilitating the construction of light railways, enables by order. such railways as come within its purview, to be made without any application to Parliament for a special Act, substituting therefor an order authorising the railway, which, upon confirmation by the Board of Trade, is by section 10 to have effect as if enacted by Parliament. Application of general Acts. In other words, the order of the Commissioners duly made becomes on confirmation by the Board of Trade equivalent to a special Act of Parliament. The general enactments relating to railways are, many of them, applicable to light railways made under the Light Railways Act, but the provisions of that Act exempt such lines from being subject to certain enactments relating to safety, or to those of the group of Acts usually incorporated with the special Acts of ordinary railways known as the Clauses Acts, except so far as they are applied by the order authorising the railway. The Passenger Duty Act also is not to be applicable to light railways under the Light Railways Act. Subject to the above exceptions, and to any special tion of provisions contained in the order authorising the light Chap. 1. railway, the general enactments relating to railways will apply to light railways made under the Light Railways Act. Light Railways Act, s. 12, post, p. 70. It is expressly stated in section 11 (a), post, p. 68, that the order may incorporate, subject to such exceptions and Incorporavariations as may be mentioned in the order, all or Clauses any of the Clauses Acts, subject, however, to certain Acts. restrictions as to varying the Lands Clauses Acts. And with regard to the enactments as to safety specified in the Second Schedule of the Light Railways Act, the intention. of the Light Railways Act appears to be that their provisions should be applied to light railways by the order so far only as the condition of the locality through which the line runs, or the character of railway intended to be made, or the mode in which it is proposed to be worked, renders such application reasonably necessary. Section 11 (b), post, p. 68. The object of the Act in leaving the extent to which the Variation of general Clauses Acts are to be incorporated to be determined in Acts. each particular case in settling the order, as also that to which the enactments in the Second Schedule as to safety are to be applied, is doubtless to permit the railways to be as cheaply constructed as circumstances may fairly permit. The power thus given of making exceptions and variations in enactments incorporated would seem to permit of any alterations not inconsistent with the general scope of the enactment incorporated, or of the Light Railways Act itself. An example, which may be found of use, of the mode in which general enactments relating to railways have been applied by subsequent legislation with variations and subject to specified provisions, occurs in the Railways Construction Facilities Act, 1864, s. 51, Appendix, post. tion for The application for an order authorising a railway is to Applica be made to the Light Railway Commissioners—a new order. Commission established to carry out the Act. See sections 1 and 2 of the Light Railways Act. The application to |