applies, with the necessary modifications, to such local Chap. 1. inquiries the provisions of Part I. of the Board of Trade Arbitrations, &c., Act, 1874 (37 & 38 Vict. c. 40, ss. 2—4), post, Appendix. It does not seem obligatory on the Board of Trade to hold a local inquiry in all cases where there Local inquiries. are objections, as, for instance, where neither the objectors nor the applicants for the order desire to produce local evidence, and the Board has all the local information it requires, so that the ultimate dispute depends upon matters of argument on admitted facts, or upon matters of law or the like, or where they consider such an inquiry wholly useless.

ance of

Upon such inquiry by the Board of Trade, it is pre- Attendsumed counsel and solicitors will be permitted to attend, counsel either on behalf of the applicants for the confirmation of upon local inquiries. the order, or on behalf of the objectors, though there does not appear to be any right to compel the Board to allow of their attendance or to hear them. The express power given to the Board to limit the cases in which counsel are to be allowed by section 13 (2) of the Act applies to arbitrations for settling compensation or purchase money, and not to the proceedings before the Light Railway Commissioners or before the Board of Trade. The extent to which counsel or solicitors attending are to take part in the proceedings by cross-examining witnesses produced by other parties, in the absence of regulations by the Board of Trade, would seem to be a matter for the decision of the official holding the inquiry as representing the Board, subject, however, to the power of the High Court to order a further inquiry if a fair hearing has not been afforded to an objection properly put forward, and the matter has been improperly closed.

ance of

The attendance of counsel or solicitors upon the applica- Attendtion to the Commissioners for an order authorising a railway angel or or upon its desired confirmation by the Board of Trade is solicitors. not expressly provided for by the Act, following in this the present law with regard to the attendance before Select

Chap. 1. Committees of Parliament upon the applications by ordinary railway companies for a special Act, but it was stated by the President of the Board of Trade during the discussions in the House of Commons upon the Light Railways Act that the intention was that they should be at liberty to attend in the same way as on such committees, and this intention will doubtless in practice be carried out. See Times, 5th June, 1896, and Introduction, ante.

Order to have effect

of Act.

Any irregularity or failure to comply with the requirements of the Act for the obtaining of an order authorising the railway becomes unimportant as soon as the order has been actually obtained, as by section 10, the order, when confirmed by the Board of Trade, has effect as if enacted by Parliament, and affords conclusive evidence that all requirements of the Act have been complied with.

generally.

CHAPTER II.

COUNCILS, THEIR POWERS UNDER THE LIGHT RAILWAYS

ACT.

Powers of THE Council, whether of a county, district or borough, is councils a body incorporated for defined purposes of local goverment, and is unable to contract or enter into binding arrangements with regard to matters outside or beyond the scope of its incorporation. Ashbury Company v. Riche, L. R. 7 H. L. 653; Wenlock v. River Dee Company, 10 App. Cas. 354, 360, 362. Apart from the Light Railways Act, such bodies would have no power to construct, or work, or aid in the construction or working of a railway, or to enter into any contract with regard thereto, nor would they have any power to take shares in, or lend money to, any company constructing or working a railway. (Ibid.) All such matters are outside and beyond the scope and purpose of their original incorporation.

One of the clearly expressed objects of the Light Chap. 2. Railways Act is to enable such bodies, under proper conditions and in proper cases, to construct and work, or construct, or work, or otherwise assist in the development of light railways for the benefit of the districts over which they have jurisdiction, and for this purpose provision is made in the Act for the granting to them of the necessary powers by orders under the Light Railways Act.

resolution

tion.

Before a council can make, or join in making, an appli- Special cation for an order under the Light Railways Act, it is before necessary that a special resolution should be passed by it in applicamanner directed by the First Schedule to the Act, post, p. 82. It must be passed at a meeting of the council by a vote of not less than two-thirds of those present and voting, and a month's previous notice of the resolution proposed must be given, in the manner in which notices of the meetings of the council are usually given, before the meeting is held at which it is proposed. See the Act, s. 3 (2), and the First Schedule.

It will generally be the case in regard to borough Co-operacouncils, and often in regard to district or even in regard others. ting with to county councils, that the desired line of railway will be in part outside the limits of the jurisdiction of any one council, and, consequently, provision was needed enabling a council to co-operate with other councils or with other bodies or individuals.

Such provision is to be found in sections 2 and 3 of the Act, coupled with some restrictions to prevent the enterprise of councils leading them into attempts to obtain orders permitting them to embark, at the risk of their ratepayers, in the making or working of railways outside their own particular areas to an extent beyond what is justified by the benefit which may be expected to accrue to their particular areas therefrom. Section 3 (2), (b), post, p. 61.

The Light Railway Commissioners would not, it is supposed, if the Act had contained no such restrictions,

Chap. 2. have granted to councils, bodies formed primarily for the better government of their areas, orders enabling them to embark the ratepayers' money in railways outside their districts, as commercial speculations, or for the general public benefit only; but these restrictions make it plain that the object of councils in making, or working, or assisting in the making or working of lines extending beyond their particular districts should be, mainly at any rate, the advantage to their own particular areas. It is always to be borne in mind that the primary duty of a council is to its own district, and that it is not a trading or commercial body, except to the extent to which for the benefit of its area this Act enables it by means of an order to embark in light railway enterprise.

Railway partly out

side area.

Where the proposed railway is wholly or partly outside their area a council may not construct, or work, or contract for the construction or working of a light railway, or advance money for it except jointly with the council of the outside area, or if this co-operation of the latter council cannot be, or is not, obtained, with the sanction of the Board of Trade, who must be satisfied that the proposed action is expedient in the interests of the area of the first-mentioned council, and in either case, it would seem their expenditure must not be in excess of such amount as will, in the opinion of the Board of Trade, bear due proportion to the benefit which may be expected to accrue to their area. Section 3 (2) (b), post, p. 60. The Board of Trade would thus appear in all cases of councils engaging in light railway enterprise not wholly confined to the area of the particular council to be entitled to require proof that the council was not incurring a share of expense out of proportion to the share of the benefit of the area of the council. It is also to be observed that cases are contemplated by the Act where no portion of the line is in the area of the particular council, but where, notwithstanding it will benefit the area, and also cases where a council co-operates with a railway or other company whose proposed railway,

whether inside or outside, or partly inside and partly Chap. 2. outside, will benefit the area. In fact, provision appears to be made for the co-operation of councils in all schemes that can fairly be said to benefit their particular areas, and for which the sanction of an order is obtained.

mittees.

In order to facilitate joint action on the part of councils Joint comin regard to applications for, or carrying out of orders under the Act, special provision is made for the appointment of joint committees for those purposes. Such a joint committee of two or more councils may be for any purpose in connection with a railway under the Act for which it is convenient that councils should combine. tion 17, post, p. 74.

Sec

Such a committee would frequently be found convenient for the purpose in the first instance of inquiring and reporting as to the feasibility of carrying out a particular scheme, or as to the respective merits of rival schemes. suggested, or for deciding upon the propriety of making or joining in an application for an order, or in sifting the financial proposals made, or in consulting public authorities or landowners in regard to schemes suggested, or obtaining information as to the cost of land or as to other probable expenditure, or, indeed, in otherwise facilitating the formulation of definite proposals to be brought before the Light Railway Commissioners.

It would also, doubtless, where the application for an order is to be a joint one, or the order is to be jointly carried out, be often found advisable that this should be done by a joint committee of the councils interested.

councils

The Act, as regards England and Wales, gives no such Rights of power of assisting in the development of light railways to parish parish councils as is given to the more important councils, namely, to those of counties, districts, and boroughs, but they may, perhaps, be "local authorities," and if so, they would, under section 7, have the right to be consulted before any application for a railway passing through their area is made, and it would seem, that before a special advance is made under