if it had remained in the condition in which it was Sect. 26.
immediately before it was acquired for the purposes
of the railway, whichever is less;

(10.) Where a light railway constructed under the powers
of this Act is owned or leased by an existing rail-
way company, such light railway shall not be
valued by the said assessor as part of the general
undertaking of the railway company, but shall be
valued as a separate undertaking.

(1.) For section 5, see ante, p. 62.

(2.) See more particularly sections 2, 3, 7, 11, 16, and 17.

(3.) See section 13 (1), (3), ante, p. 71.

(4.) See section 13 (2).

(5.) This is in lieu of section 16, ante, p. 73.

(6.) Cf. sections 2, 3, ante, p. 60.

(7.) The Lands Clauses Acts, as regards Scotland, are by the Interpretation Act, 1889:

The Lands Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict.

c. 19).

The Lands Clauses Consolidation Acts Amendment Act, 1860 (23 & 24 Vict. c. 106).

(9.) Ante, p. 62.

27. This Act shall not extend to Ireland.

Extent of
Act.

28. In this Act, unless the context otherwise requires, DefiniThe expression "light railway company" includes any tions. person or body of persons, whether incorporated or not, who are authorised to construct, or are owners or lessees of, any light railway authorised by this Act, or who are working the same under any working agreement: The expression "Clauses Acts' means the Lands Clauses Acts, the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Act, 1863, and the Companies Clauses Acts, 1845 to 1889:

The expression "share capital" includes any capital,
whether consisting of shares or of stock, which is not
raised by means of borrowing.

The Clauses Acts, as far as they are material, will be found in the
Appendix, post, p. 97.

By the Interpretation Act, 1889, the expression "Lands Clauses Acts" shall mean, as regards England and Wales:

The Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18).

The Lands Claases Consolidation Acts Amendment Act, 1860 (23 & 24
Vict. c. 106).

The Lands Clauses Consolidation Act, 1869 (32 & 33 Vict. c. 18).
The Lands Clauses (Umpire) Act, 1883 (46 & 47 Vict. c. 15);

and any Acts for the time being in force amending the same,

G

Sect. 28.

Short title.

To these, therefore, must be added

The Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. c. 11).
The Companies Clauses Acts, 1845-1889, are defined in the Short Titles
Act, 1896, as-

The Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16).
The Companies Clauses Act, 1863 (26 & 27 Vict. c. 118).

The Companies Clauses Act, 1869 (32 & 33 Vict. c. 48).

The Companies Clauses Consolidation Act, 1888 (51 & 52 Vict. c. 48).
The Companies Clauses Consolidation Act, 1889 (52 & 53 Vict. c. 37).

29. This Act may be cited as the Light Railways Act, 1896.

SCHEDULES.

FIRST SCHEDULE.

MODE OF PASSING SPECIAL RESOLUTIONS.

1. The resolution approving of the intention to make the application must be passed at a meeting of the council.

2. The resolution shall not be passed unless a month's previous notice of the resolution has been given in manner in which notices of meetings of the council are usually given.

3. The resolution shall not be passed unless two-thirds of the members of the council present and voting concur in the resolution. As to the application of this schedule, see section 3, ante, p. 60.

SECOND SCHEDULE.

ENACTMENTS RELATING TO SAFETY, &C.

Session and Chapter.

Title or Short Title.

2 & 3 Vict. c. 45.

5 & 6 Vict. c. 55.

Enactment referred to.

An Act to amend an Act of The whole Act.(a)
the fifth and sixth years of

the reign of his late
Majesty King William the
Fourth relating to high-
ways.

The Railway Regulation Sections four, five, six,
Act, 1842.
nine, ten.(b)

9 & 10 Vict. c. 57. An Act for regulating the The whole Act.(c)

gauge of railways.

Session and Chapter.

Title or Short Title.

Sched.

Enactment referred to.

31 & 32 Vict. c. 119. The Regulation of Railways Sections nineteen, twenty,

Act, 1868.

twenty-two, twenty-
seven, twenty-eight,
and twenty-nine.(d)

34 & 35 Vict. c. 78. The Regulation of Railways Section five.(e)

Act, 1871.

36 & 37 Vict. c. 76. The Railway Regulation Act Sections four and six. (ƒ) (Returns of Signal Ar

rangements, Working, &c.),
1873.

41 & 42 Vict. c. 20. The Railway Returns (Con- The whole Act.(g)

tinuous Brakes) Act, 1878.

As to the application of this schedule, see section 12, ante, p. 70.
These enactments will be found in the Appendix, post.

(a) This Act provides for gates where the railway crosses a highway.
(b) Sections 4, 5, and 6 deal with notices being sent to the Board of
Trade before the railway is opened for use. Sections 9 and 10 amend the
above-mentioned Act as to gates at crossings.

(0) This Act prescribes the gauge of railways.

(d) Section 19 deals with proceedings in case of non-consumption of smoke.

Section 20 with providing smoking-carriages.

Section 22 with communications between passengers and the companies' servants.

Sections 27-29 with light railways.

(e) Section 5 extends sections 4-6 of 5 & 6 Vict. c. 55, supra. (f) Section 6 also amends section 6 of the last-named Act.

Section 4 deals with returns as to the method of working the trains, signals, level crossings, and numerous other matters.

(g) This Act deals with returns to Board of Trade as to continuous brakes.

(h) This section makes provision for third class accommodation and workmen's trains.

(i) Sections 1, 2, and 3 of this Act give the Board of Trade power to order that various provisions shall be made for public safety, namely, as to adopting the block system, interlocking of points and signals, and continuous

brakes.

Section 4 provides as to returns as to overtime.

Section 5 with penalties for avoiding payment of fare.
Section 6 with printing fare on passenger tickets.
Section 7 with bye-laws.

Sched.

THIRD SCHEDULE.

JOINT COMMITTEES.

(a.) Any council taking part in the appointment of a joint committee may delegate to the committee any power which the council may exercise for the purpose for which the committee is appointed.

(b.) A council shall not be authorised to delegate to a joint committee any power of making a rate or borrowing money.

(c.) Subject to the terms of the delegation the joint committee shall have the same power in all respects with respect to any matter delegated to them, as the councils appointing it or of them.

any

(d.) The members of the joint committee may be appointed at such times and in such manner, and shall hold office for such period, as may be fixed by the councils appointing them:

Provided that a member shall not hold office beyond the expiration of fourteen days after the day for the ordinary election of councillors of the council by which he was appointed, or in Scotland after the day for the ordinary election of councillors of the council of the county in which

the district is situated.

(e.) The costs of a joint committee shall be defrayed by the
councils by whom the committee is appointed, in such pro-
portions as they may agree upon, and in the event of their
differing in opinior, as may be determined by the Board of
Trade on an application by either council.

(f.) When any of the councils joining in the appointment of a
joint committee is a county or district council other than a
borough council, the accounts of the joint committee shall
be audited in like manner and with the like power to the
officer auditing the accounts, and with the like incidents
and consequences as the accounts of a county council.
(9.) The chairman at any meeting of the committee shall have a
second or casting vote.

(h.) The quorum, proceedings, and place of meeting of a committee,
whether within or without the area within which the com-
mittee are to exercise their authority, shall be such as may
be determined by regulations jointly made by the councils
appointing the committee, and in the event of their differing
in opinion as may be determined by the Board of Trade on
an application by either council.

(i.) Subject to those regulations the quorum, proceedings, and place of meeting, whether within or without the area within which the committee are to exercise their jurisdiction, shall be such as the committee direct.

As to the application of this schedule, see section 17, ante, p. 74.

RULES: THEIR PURPORT AND EFFECT. Rules.

The Light Railways Act, 1896, and the Rules made Procedure thereunder (see ante, p. 6, section 15 (2) of the Act, ante, p. 72), before apcontain the procedure to be followed in making the formal plication. application for an Order under the Act. The application Advertisemust be preceded by an advertisement published in each of ment. two consecutive weeks in November, 1896, or in April or October of the subsequent years, in at least one local newspaper circulating in the area or part of the area through which the railway is to pass. Section 7 (2), ante, p. 64; Rules 1, 4, post, pp. 87, 88.

The advertisement is intended to give general notice of the intended application, and must describe generally the line of the railway and its termini, the lands proposed to be taken stating the quantity and the purpose for which it is proposed to take them, it must state the proposed gauge and the motive power of the railway, and must name a place where a plan of the proposed works and of the lands to be taken and a book of reference to the plan, and a section of the proposed works may be seen, and where copies of the draft order can be obtained on payment of not exceeding one shilling per copy. Rule 2, post, p. 87. An office in the locality of the company will probably be a convenient place. It must also be subscribed with the name of the promoters, and must state that objections should be made in writing to the Light Railway Commissioners in accordance with Rule 31, which gives the mode in which the Commissioners should be addressed. Rule 2, post, p. 87.

The plan and book of reference must be in the form Plans, prescribed by the Rules. Section 7 (2), (b). The Rules book of prescribing the form for plans, book of reference and reference sections are Rules 5-20, post, pp. 88–91.

and sections.

The Commissioners have in the first instance to be Local ausatisfied that the local authorities have been consulted. thorities. Owners Section 7 (1), ante, pp. 64-66, and also the owners and and occu occupiers of the land it is proposed to take. Ibid. piers.