THE TRAMWAYS ACTS, 1882 to 1890

Transcription

1 539 THE TRAMWAYS ACTS, 1882 to 1890 Tramways Act of 1882, 46 Vic. No. 10 Amended by Tramways Act of 1882 Amendment Act of 1890, 54 Vic. No. 16 Criminal Code Act, 1899, 63 Vic. No.9 Acts Citation Act of 1903, 3 Edw. 7 No. 10 An Act to Authorise the Construction, Maintenance, and Working of Tramways on Public Streets and Roads in such manner as not to impede Ordinary Traffic [Assented to 3 October 1882] PART I-PRELIMINARY 1. Division of Act. This Act is divided into ten parts as follows: PART I-PRELIMINARY-Sections 1 to 4. PART II-THE CONSTRUCTING AUTHORiTY-Sections 5 to 8. PART III-POWER TO BORROW MONEY-Sections 9 to 27. PART IV-THE CONSTRUCTION OF TRAMWAYS BY COMPANIES- Sections 28 to 48. PART V-THE MAINTENANCE OF TRAMWAYS-Sections 49 to 57. PART VI-THE TRAFFIC UPON TRAMWAYS-Sections 58 to 63. PART VII-DANGEROUS OR INCONVENIENT TRAMWAYS AND INSOLVENT COMPANIES-Sections 64 to 70. PART VIII-BY-LAWS, PENALTIES, NOTICES, AND ApPEALS Sections 71 to 81. PART IX-MuNICIPAL PRIVILEGES AND RIGHTS-Sections 82 to 83. PART X-TRAMWAYS CONSTRUCTED OR PURCHASED BY LOCAL AUTHORITIES-RESERVATION OF RIGHTS-Sections 84 to Interpretation. In this Act, unless the context otherwise requires, the following terms shall have the meanings set against them respectively:- "Company" -A company authorised to construct, maintain, and work a tramway, subject to the provisions of this Act. "Tramway"-A tramway or any part thereof authorised by this Act. "Street"-A public street, road, footpath, or place along or across which a tramway is laid or authorised to be laid. "Council"-The municipal council, divisional board, or other authority having for the time being the control or management of a street or streets in which a tramway is laid or proposed to be laid.

2 540 RAILWAYS AND TRAMWAYS Vol. 14 "Municipality"-A municipality or division constituted under the laws in force for the time being in respect of local government. "Minister"-The Minister of the Crown charged for the time being with the administration of this Act. "Fare"-A rate, toll, or charge made for conveyance of passengers on the tramway. "Mortgage"-Mortgage-debentures and coupons, and any deed by which the tramway is charged as security for repayment of any borrowed moneys, with interest from time to time accruing thereon. "Mortgagee"-The creditor in any mortgage or other deed as aforesaid, and the holder of any mortgage-debenture or coupon. "Judge"-A judge of the Supreme Court. "Receiver"-A receiver of the rents, profits, and income of any property under the provisions of this Act. "Council"-See Local Government Acts, 1936 to 1967, title LOCAL AUTHORITIES, Vol. 10, p Divisional Boards have been replaced by shire councils: see s. 4 of the Local Authorities Act of 1902 (repealed). As to the local authority's power to construct a tramway, see s. 5; as to its option of purchase, s. 84; as to its right to purchase an insolvent undertaking, ss. 10, 26, 27. A council acquiring or constructing a tramway is subject to the provisions of this Act, s. 85; it may lease or sell the tramway to any person or company approved by the Governor in Council, s. 86. As to the local authority's restrictive control of streets and roads to be affected by a tramway constructed by a company, see ss As to the local authority's concurrence in an extension of the time for construction, see s. 46 (2); as to its concurrence in the use of electric force as a preliminary to the erection of posts or pillars to support the transmitting wires, see Tramways Act of 1882 Amendment Act of 1890, s. 3, p. 565, post. For the exercise of the local authority's powers in another area, see s. 87. "Municipality"-See Local Government Acts, 1936 to 1967, s. 5, title LOCAL AUTHORITIES, Vol. 10, p "Mortgage"-The statutory right of a company to borrow money and to mortgage the undertaking as security for the loan is conferred by s. 9. For form of mortgage, see s. 15 of the Tramways Act of 1882 Amendment Act of 1890 and the Schedule thereto, pp. 569, 570, post; for rate of interest, s. 12 of this Act. Debentures and coupons are transferable by delivery, s. 13. As to the appointment of agents for negotiating a loan, see s. 14. Forms of certificate of liabilities and of authority to borrow are contained in Schedules III and IV, post. "Mortgagee"-As to the mortgagee's right to apply to the court for relief, see s. 20; as to order for sale, s. 21. "Judge"-See the Supreme Court Acts, 1861 to 1965, title SUPREME COURT. "Receiver"-The power of a judge to appoint a receiver is declared in s. 20, and the effect of the appointment in s. 21. Receivers' security is prescribed by s. 22. As to application of moneys received, see s. 23; as to tenure of office, s Short title. This Act may be cited as "The Tramways Act of 1882." For collective title, see Tramways Act of 1882 Amendment Act of 1890, s. 1, post. 4. Incorporation of 42 Vic. No.5. The provisions of "The Public Works Lands Resumption Act of 1878" shall, so far as the same are applicable, and except where expressly varied herein, be incorporated with and form part of this Act. Act referred to: Public Works Lands Resumption Act of 1878; see now Acquisition of Land Act of 1967, title WORKS.

3 TRAMWAYS ACTS, 1882 TO 1890 ss PART II-THE CONSTRUCTING AUTHORITY 5. Registered company or local authority may construct tramway. (1) Subject to the provisions of this Act- (a) A company of persons registered under "The Companies Act of 1863," or (b) The council of a municipality or any other local authority having control, for the time being, of any part of the streets in which a tramway is laid or intended to be laidmay construct, maintain, and work a tramway upon and through any street or other place, with all proper rails, plates, works, sidings, junctions, stations, approaches, and conveniences connected therewith; and may enter upon, purchase, take, and use any lands required for these purposes. (2) Every such company, council, or other local authority as aforesaid, shall be deemed to be the constructing authority of the tramway for the purposes of this Act. Act referred to: Companies Act of 1931; see now Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2, p. 31. A constructing company is bound to indemnify the local authority in respect of accident, damage or injury caused by the company's act or default, s. 45. As to the statutory duty of the local authority to take precautions during the construction of its own works, see Local Government Acts, 1936 to 1967, s. 32 (11), title LOCAL AUTHORITIES, Vol. 10, p (1) Plans, etc., to be deposited with Minister, and at office of Council. When a constructing authority desire to undertake the construction of a tramway, they shall apply to the Minister for an Order in Council to construct the same, and shall cause to be prepared- (a) Plans, sections, specification, and book of reference of the proposed tramway; and (b) An estimate of the cost of the same. (2) A certified copy of such plans, sections, specification, book of reference, and estimate shall be deposited with the Minister, and in the office of every councilor other local authority having jurisdiction over the streets in which the tramway is proposed to be laid. (3) When the constructing authority is a company, further information to be supplied. When the constructing authority is a company, they shall also deposit with such plans- (c) A certified copy of the memorandum and articles of association. (d) A statement showing the name and place of residence of every shareholder, and the number of shares held by him. (e) And, a statement of the amount of capital paid up to date. (4) The company shall also deposit in the Colonial Treasury a sum equal to one-twentieth part of the estimated cost of the tramway, which sum shall be detained by the Treasurer as security for the due completion of the same. (5) Notice to be published. A notice stating that such application, with plans, sections, specification, book of reference, and other documents (if any) have been deposited as aforesaid, and are at all reasonable

4 542 RAILWAYS AND TRAMWAYS Vol. 14 times open to the inspection of every ratepayer interested therein, shall, at the cost of the constructing authority, be published for one month at least- (f) In some newspaper generally circulating in the district through which the tramway is intended to be laid; (g) In the Gazette; and (h) In one of the Brisbane daily newspapers. (6) Copy to be deposited with Minister. A true copy of every newspaper containing such notice, and a reference to the dates and pages of the Gazette containing the same, shall be deposited with the Minister before he submits an application to the Governor in Council. 7. (I) Petition against the tramway. Within one month after the first publication of the notice aforesaid, any corporation or person having property likely to be affected or injured by the proposed tramway, may forward through the Minister a petition to the Governor in Council, praying that the application may be refused or the plan altered, as the case may be, for the reasons set forth in the petition. (2) Signatures to be verified. Every signature to a petition other than the common seal of a municipality shall be verified by the solemn declaration of some person signing such petition, and no petition unaccompanied by such declaration shall be received by the Minister. 8. C 1) Minister may submit application to Governor in Council. At the expiration of two months after the notice of an application has been first advertised in the Gazette, the Minister, if satisfied- (a) That the provisions of this Act have been substantially complied with; (b) That the councils having control over the streets through which the tramway is proposed to be laid have made no reasonable objection to its construction; (c) That the construction and working of the tramway will be for the public benefit; and Cd) That the capital of the company (if a company be the applicants) as fixed by the memorandum of association is sufficient for the proper construction, equipment, and working of the tramwayshall submit the application to the Governor in Council, with all petitions and other documents relating thereto, together with the Minister's recommendation in respect of such application. (2) Governor in Council may authorise construction of tramway. The Governor in Council may thereupon make an Order in Council- (a) Approving of the plans and authorising the applicants, subject to the provisions of this Act, to construct the tramway within such time, and with such modifications, if any, as appear to him expedient; or (b) Disapproving of the plans and refusing the applicants permission to construct the tramway.

5 TRAMWAYS ACTS, 1882 TO 1890 ss (3) The applicants, when so authorised, may take, under and subject to the provisions of "The Public Works Lands Resumption Act of 1878" any lands required for the purposes of this Act. Act referred to: Public Works Lands Resumption Act of 1878; see now Acquisition of Land Act of 1967, title WORKS. The tramway must be fit for traffic within two years, subject to a maximum extension of twelve months, s. 46. PART III-POWER TO BORROW MONEY 9. Borrowing power of company. The company may, in the manner prescribed by its articles of association,- ( 1) Borrow money for the purpose of constructing or extending the tramway, or the purchase of rolling stock, horses, or other appliances; and (2) Convey, assign, or otherwise charge the tramway or other property of the company by way of mortgage with all usual and necessary powers and remedies to the mortgagee, including a power of sale in case of default in payment of the principal of such money, or the interest thereon, or any part thereof. 10. Mortgage to be subject to council's power of purchase. Every mortgage made or issued under the authority of this Act shall be subject to the power of purchase reserved to the council by this Act. As to the council's right of pre-emption, see ss. 26, Form of debenture. Every mortgage-debenture issued by the company shall be- ( 1) Schedule I.-In the form or to the effect of the first schedule to this Act; (2) Under seai.-under the common seal of the company, and signed by two directors; (3) Numbered consecutively.-numbered consecutively, so that no two debentures shall at any time bear the same number; ( 4) For not less than $200.-For a sum of not less than two hundred dollars; and be (5) Repayable in twenty-five years.-repayable, both as to principal and interest, at a place within or without the colony named in the debenture, and at a time specified therein not exceeding twenty-five years from the date of issue thereof. Decimal currency reference substituted pursuant to section 7 of Decimal 12. (1) Interest not to exceed six per cent. The interest on every such debenture shall not exceed six per centum on the amount thereof, and shall be payable half-yearly. (2) Schedule 2. Separate coupons for each sum so payable, in the form or to the effect of the second schedule hereto, and numbered consecutively for each debenture, shall be attached thereto.

6 544 RAILWAYS AND TRAMWAYS Vol. 14 (3) Company may not sell at a discount. No such debenture shall be sold by the company at such a price as will produce to the purchaser an interest of more than six per centum on the price paid. 13. Debentures and coupons transferable by delivery. (1) Mortgagedebentures and coupons respectively shall be transferable by delivery. (2) Payment to a person in possession of any such debenture or coupon of the sum named therein shall discharge the company of all liability in respect thereof. 14. (1) Agents for raising loans. The company may appoint a person or persons, or a joint-stock company, to be agent or agents for negotiating a loan authorised to be raised under this Act. (2) May raise loans as company direct. Such agents may raise the loan, by mortgage or otherwise, in such manner, at such times, in such parts, and upon such terms as the company from time to time direct. (3) May give acquittances for moneys so raised. Such agents may also give and grant any necessary discharge or acquittance for the moneys so raised, or may dispose of such moneys as the company from time to time prescribe. 15. (1) Mortgage to be a first charge. The principal and interest secured by any mortgage over a tramway shall be a charge not only upon the tramway, but over everything pertaining thereto, or upon such parts thereof as are expressed in the mortgage. (2) Not to be prejudiced without consent of mortgagee. Every mortgage under this Act shall be construed as if an express covenant had been inserted therein on the part of the company, its successors and assigns, that such company will not do or suffer anything to be done which may defeat or prejudice any charge created by such mortgage or arising therefrom, so long as any principal or interest moneys are due thereunder, without consent of the mortgagee for the time being. 16. Certificate of debt due by company. Schedule 3. A certificate in the form or to the effect of the third schedule hereto, under the common seal of the company, and purporting to be signed by two directors for the time being, stating the amount previously borrowed and then unpaid, shall be conclusive evidence in any court of judicature, as against the company, that no more than the total sum of money mentioned in such certificate had at the date thereof been previously borrowed and then remained unpaid. 17. Certificate as to amount borrowed. Schedule 4. A certificate authenticated as aforesaid in the form or to the effect of the fourth schedule hereto, stating that the sums mentioned therein are authorised to be borrowed, shall be conclusive evidence in any court of judicature, as against the company, that the directors are lawfully authorised to borrow the sums of money named in the certificate, and that all conditions have been duly fulfilled. 18. (Repealed.) Repealed by Criminal Code Act, 1899, s Re-borrowing to payoff loan. When the principal money of any mortgage becomes payable, the company may re-borrow money to payoff the loan or any portion thereof.

7 TRAMWAYS ACTS, 1882 TO 1890 ss (1) If mortgage not paid mortgagee may apply by petition for relief. If the money so secured, or the interest from time to time accruing thereon, is not paid upon lawful presentation of such mortgage, the mortgagee, without prejudice to his exercising any powers or remedies expressed or implied in any special deed of mortgage or other security held by him, may apply to a judge, by petition in a summary way, for relief under this Act. (2) Property may be sold. The judge may, if satisfied of the truth of the matters alleged in the petition, order that such part of the company's property as is liable under the provisions of this Act for the payment of such money shall be absolutely sold, subject to such conditions as he directs. (3) Receivers may be appointed. The judge may in the meantime appoint a receiver. ( 4) Such part of the company's property as is liable under the provisions of this Act for money so secured shall, from the date and by virtue solely of such order, vest in the receiver, and cease to be vested in the company. 21. Power for recovery of fines to vest in receivers. All powers for the recovery of fines or other moneys of the company shall, after the appointment of a receiver, and in respect of all moneys hereby vested in him, cease to be exercised by the company, and shall be exercised by the receiver. 22. Receivers to give security. Every receiver shall, before entering on his office, give such security for the faithful execution thereof as the judge directs. 23. Application of money by receiver. All moneys arising from any sale as aforesaid, and all moneys received by the receiver, shall be applied only under the order of a judge, as follows:- ( 1) To payment of costs. In payment of the expenses of the application and order, and of the expenses of any sale authorised as aforesaid; (2) To remunerate the receiver. In the payment of such remuneration to the receiver as the judge directs; (3) To payment of principal moneys. In the payment of the principal moneys so secured, with the interest thereon; (4) Residue to company. The residue, if any, shall be paid to the company; Receiver to account for money. and the receiver shall account for all such moneys in such manner as the judge directs. Proviso. Provided that in the distribution of the assets of the company no mortgage-debenture-holder shall have any preference over any other holder of debentures of the same series by reason of any priority of date by obtaining an order under this part of this Act or otherwise; but all holders of debentures of the same series shall rank alike, and be entitled to a share of such assets in proportion to the number and value of their debentures. 18

8 546 RAILWAYS AND TRAMWAYS Vol When loan paid off powers of receiver cease. When all money so secured is paid, or at any time by an order of the judge of the Supreme Court upon the application of the company, the powers of the receiver shall cease; and he shall forthwith pay any money in his hands to the company. 25. Mortgage to be a debt of the body corporate. The sum of money named in a mortgage and in a coupon shall, when the same respectively becomes payable, be a debt of the company to the holder of such mortgage or coupon for the amount named therein. 26. Mortgagee not to sell without notice to council. No mortgagee shall, except by virtue of an order of the Supreme Court, sell, under any powers vested in him, any portion of the company's property charged by a mortgage- (1) Unless he has first given notice in writing of his intention to each council having control for the time being of any part of the streets in which the tramway is laid; and (2) Unless each such council has for three months next after the receipt of such notice failed to give the mortgagee notice of its intention to purchase the tramway; or (3) Unless each council previously gives to the mortgagee notice in writing that it is its intention not to purchase. 27. (1) Who may purchase. Where a mortgagee offers for sale a tramway under the powers conferred by this Act, or where a tramway is offered for sale by virtue of an order of the Supreme Court as aforesaid, such tramway shall be sold for the best price obtainable therefor, and may, subject to the provisions of this section, be purchased by- (a) The council having control for the time being of the streets upon which such tramway is laid; or (b) Any joint-stock company or other persons. (2) The purchasers shall, before taking possession of the tramway, prove to the satisfaction of the Minister that they are competent to maintain and work the same for the public advantage, and to comply with all the provisions of this Act in respect of such tramway. (3) What moneys to be paid to company. If at the time of sale as aforesaid the moneys charged against the tramway are less than the purchasing price, the difference between the moneys charged and the price so determined shall be paid to the company. PART IV-THE CONSTRUCTION OF TRAMWAYS BY COMPANIES 28. Centre line of tramway. The centre line of every tramway shall be the centre line of the street, or at a distance of not more than eleven feet therefrom. The provisions of ss may be suspended by the Governor in Council. See ss. 78 and Street levels not to be altered. The company shall not, except with the consent in writing of the council, alter the levels of any street.

9 TRAMWAYS ACTS, 1882 TO 1890 ss Roads partially made to be widened. Before the tramway is constructed on a street which is only partially made or metalled, the company shall, if required by the council, make and metal to the satisfaction of the Minister so much of the roadway as will leave a clear metalled space of not less than twelve feet- (1) Between the lines of a double line of tramway, or (2) On one side of the line of a single line. 31. Bridges to be widened. Before constructing the tramway on or across a bridge, whether previously existing or erected by the company, they shall, to the satisfaction of the council, make the bridge of the requisite strength and width for carrying the traffic, as well of ordinary vehicles as of the tramway, with safety and convenience. 32. Mode of construction prescribed. The tramway shall be constructed and maintained in the manner following, that is to say,- ( 1) Gauge. The two rails shall be laid at a distance of four feet eight and a-half inches apart, or at such other distance apart as the Governor in Council from time to time authorises or prescribes. (2) Rails level with street surface. The uppermost surface of each rail shall be on a level with the surface of the street. (3) Weight of rail. The rails shall be of iron or steel, of the weight of not less than twenty pounds to the yard. ( 4) Rail to be grooved. The groove in or between any rail or rails shall not exceed one and one quarter inch in width. (5) To be guarded. The outer side of every rail shall be guarded to the satisfaction of the council. 33. (1) Tramway not to impede traffic. The tramway shall be so constructed and maintained as not to impede or obstruct the ordinary traffic of the street. (2) Cars not to stand in street. No conveyance of the company shall stand at any point in the street other than a terminus of the tramway, or other stopping place approved of by the council, except for the purpose of taking up or setting down passengers. (3) Tramway free to public except when cars are passing. The public shall at all times be entitled to the free and uninterrupted use of every part of the street, save when any conveyance of the company is passing or about to pass along it, or is lawfully standing thereon. The provisions of the first subsection of this section refer to the fabric of the tramway as distinct from the road in which it is laid, Nielsen v. Brisbane Tramways Co. Ltd. (1912), 14 C.L.R. 354; 6 Q.l.P.R. 99. See this case noted under s Company to have no right to soil of street. The company shall have no right to the soil of any street in which they construct the tramway other than the privilege of using the street for the purposes of this Act. The materials of all roads under the control of the local authority belong to the local authority. See Local Government Acts, 1936 to 1967, s. 32 (12), title LOCAL AUTHORITIES, Vol. 10. p. 40

10 548 RAILWAYS AND TRAMWAYS Vol Power to break up street. Compare 33 & 34 Vic. c. 78, s. 26. The company may, subject to the provisions of this Act, break up a street for the purpose of constructing, maintaining, or renewing the tramway. See the following sections and note on s Restrictions on breaking up street. When the company require to break up a street- ( 1) Company to give seven days' notice. Compare 33 & 34 Vic. c. 78, s. 26. They shall give to the council having control thereof at least seven days' previous notice of their intention, specifying the time at which they will begin operations, and describing the portion of the street intended to be broken up. (2) Work to be done under council's supervision. They shall break up the street under the superintendence and to the satisfaction of the council, unless such council refuse or neglect to superintend the work during its progress from the time specified in the company's notice. (3) At company's expense. They shall pay to the council on demand the reasonable cost of such superintendence. 37. Penalty. Any person who- ( 1) Wilfully obstructs a person acting under the company's authority in the lawful exercise of his powers in forming, repairing, or renewing the tramway; or (2) Defaces or destroys a mark made for the purpose of setting out the line; or (3) Wilfully damages or destroys any of the company's propertyshall for every such offence forfeit a penalty not exceeding ten dollars in addition to the amount of damage caused thereby. Decimal currency reference substituted pursuant to section 7 of Decimal 38. Restrictions on length of streets to be broken up at same time. The company shall not, without the consent of the council having control thereof, break up at anyone place more than fifty yards of a street; and they shall leave an interval of at least one hundred yards between any two places broken up in the street at the same time. 39. Company to restore street. When the company have broken up any part of a street- (1) They shall, with all convenient speed, and in all cases within three weeks, unless the council enlarge the time, restore the street to the reasonable satisfaction of such council; and shall remove all surplus material, and deposit the rubbish (if any) in some convenient spot to be specified by the council. (2) Street to be protected at night. They shall, so long as the street is broken up, cause the place to be properly lighted and protected at night. This section fixes the obligations of tramway companies that have exercised their power under s. 35. See Brisbane City Council v. Brisbane Tramways Co. Ltd., [1920] St. R. Qd. 258; [1920] Q.w.N. 42, noted under s. 50.

11 TRAMWAYS ACTS, 1882 TO s Penalty on breach of preceding section. If the company commit a breach of the last preceding section, they shall, for every such offence (without prejudice to any other remedy against them), forfeit to the council a penalty not exceeding forty dollars, and a further penalty of ten dollars for each day after the first during which the breach continues. Decimal currency references substituted pursuant to section 7 of Decimal 41. (1) Preservation of powers of council. Compare 33 & 34 Vic. c. 78, s. 32. Nothing contained in this Act shall take away the power vested for the time being in the council to break up a street or to alter its levels. (2) Levels to correspond. In the event of any street level being altered, the company shall alter the levels of the tramway to correspond therewith. (3) Mutual restrictions. In exercising such powers the council and the company shall be subject to the following provisions:- (a) Work to cause as little detriment as can be. The council shall cause as little detriment or inconvenience to the company as circumstances will admit. (b) Council to give two days' notice. Before beginning any work likely to interrupt the traffic of the tramway, or endanger the safety or convenience of its passengers, the council shall, whenever practicable, give to the company forty-eight hours' notice of the intention to begin the work. (c) Council may order suspension of traffic. For the purpose of executing the work the council may, by notice, require the company either to stop the traffic on any portion of the tramway affected by the work, or during its continuance to secure the tramway at the company's risk and cost. But the council shall complete the work with all reasonable expedition. (d) Tramway may be removed at expense of council. If, in order to the proper execution of the work, it becomes necessary to remove the tramway, the company may lay it down in some adjacent and convenient place, and after the work has been completed may replace the tramway in its original position; the cost of the laying down and replacement to be borne by the council. 42. Preservation of powers of other persons. (1) Nothing contained in this Act shah abrogate the power for the time being vested in any persons to break up the street for purposes connected with the supply of gas or water, or for telegraphic purposes. (2) But in the exercise of those powers such persons and the company shall be subject to the same provisions as are imposed upon the council and the company respectively by the last preceding section. 43. Provision as to water and gas companies. Compare 33 & 34 Vic. c. 78, s. 30. The company may, for any necessary works connected with

12 550 RAIL WAYS AND TRAMWAYS Vol. 14 their tramway, from time to time alter the position of gas or water pipes, or of telegraphic wires, posts, or apparatus, subject to the following restrictions, namely,- ( 1) Company may alter position of gas and water pipes. Before laying down or altering the tramway in a street in which gas or water pipes are laid, or telegraph poles or wires are erected, the company shall- (a) Must give seven days' notice. Give seven days' previous notice of their intention to the person to whom such pipes or wires belong, or by whom they are controlled; and (b) Deliver plan. At the same time deliver a plan and section of the proposed work. (c) Make reasonable alterations. On receipt of notice from any such person that the works proposed would endanger or interfere with his pipes, wires, or apparatus, make such reasonable alterations in the works as are by such person considered necessary for their protection and the public convenience. (d) Do as little damage as can be. Carry out the alterations so made with as little detriment or inconvenience to all persons concerned as the circumstances admit. (2) Not to disturb pipes until other provision has been made. The company shall not disturb or remove any pipe, wire, or apparatus, or in any manner interfere with their proper use until another pipe, wire, or apparatus has been laid or erected ready for use. (3) Alterations to be made under supervision of persons directly interested. Every such alteration or removal of pipes, wires, or apparatus shall be made at the expense of the company, and under the supervision and to the reasonable satisfaction of the person to whom the pipes, wires, or apparatus respectively belong, or by whom they are controlled. (4) Disputes to be decided by street authority. In the event of disagreement in respect of any work proposed or carried out under the provisions of this section, the dispute shall be referred to the council, whose decision shall be final. (5) Works not to be laid contrary to law. The company shall not execute any work contrary to the provisions of any Act of Parliament relating to electric telegraphs, or to the supply of gas or water. 44. Provisions as to drainage. Compare 33 & 34 Vic. c. 78, s. 31. Where a work projected by the company would interfere with a sewer or drain, or in any way affect the drainage of the district in which the tramway is laid, the following conditions shall be observed, namely,- ( 1) Company to give fourteen days' notice to council. The company shall give to the council, and to all other local authorities then exercising jurisdiction within the drainage district, fourteen days' previous notice of the intention to begin the work.

13 TRAMWAYS ACTS, 1882 TO 1890 ss (2) If council take no action, company to carry ont work. If at the expiration of fourteen days after service of the notice the said councilor other authorities, or any of them, do not signify their approval or disapproval of the work, or their desire to modify or alter it, the company may forthwith carry out the work in their discretion. (3) Council may require works to be modified. If within fourteen days after service of the notice the said councilor other authorities, or any of them, so direct, the company shall make such reasonable modifications in the plans of the work as are requisite for the proper protection of the sewers or drains and for preventing any impediment to the drainage of the district. (4) At cost of company, but under supervision of council. The works as modified shall be carried out at the cost of the company, under the superintendence and to the reasonable satisfaction of some qualified person appointed by the council or other local authority exercising jurisdiction in the place where the work is situated. (5) Drains to remain under control of council. The sewers, drains, and other works connected with the drainage of the district in which the tramway is situated shall, notwithstanding that they may have been carried out or altered by the company, remain under the sole control of the councilor other local authority, as the case may be, and be thereafter maintained by them in the same manner as if the tramway had not been constructed. 45. (1) Company to be liable for accident. The company shall be answerable for any accident, damage, or injury happening through the act or default of the company, or of any person in their employment, or by reason or in consequence of the works executed by them. (2) Company to indemnify local authorities_ The company shall indemnify all councils or other local authorities and persons from all damages and costs in respect of such accident, damage, and injury. 46. (1) Tramway to be completed within two years. The tramway shall be laid and completed fit for traffic, to the satisfaction of the Governor in Council, within two years after the date of the Order in Council giving authority for its construction under the provisions of this Act. (2) Governor in Council may extend term. If at the expiration of the term of two years the tramway has not been so completed, the Governor in Council may, with the concurrence of the council, extend the term for a further period not exceeding twelve months. (3) If not completed to time, company's powers cease. If at the expiration of the said term or extended term, as the case may be, the tramway has not been completed and made fit for traffic, the powers granted under the provisions of this Act for the cow.truction of the tramway shall cease to be exercisable by the company

14 552 RAILWA YS AND TRAMWAYS Vol Deposit may be returned. On completion of the tramway as aforesaid, the Governor in Council may order the repayment to the company of the sum originally deposited by them in the Treasury as security for the due completion of the tramway. 48. Deposit may be forfeited. Where the tramway is not completed within the time prescribed or extended by Order in Council, any sum deposited in the Treasury as aforesaid shall- ( 1) And paid to council. Be paid as compensation to the council for damage done to the street by the company; or (2) Or paid into Revenue. Be forfeited and placed to the credit of the Consolidated Fund, as the Governor in Council directs. PART V-MAINTENANCE OF TRAMWAYS 49. The company shall, at their own expense- (1) Maintenance of tramway. Keep the tramway in good repair and working order at all times; (2) Cars to be run from 7 a.m. till 10 p.m. Provide and run cars in sufficient numbers for the accommodation of the public from the hour of seven in the morning until ten o'clock in the evening of every day except Sunday. The provisions of ss may be suspended by the Governor in Council. See ss. 78 and Repairs of part of street where tramway is laid. Compare 33 & 34 Vic. c. 78, s. 28. The company shall at their own expense at all times maintain in good condition and repair, with such materials and in such manner as the council direct, and to their satisfaction- ( 1) So much of the road upon which the tramway is laid as lies between the rails thereof; and (2) So much of the road as extends eighteen inches beyond the rails of and on each side of the tramway. Whatever meaning may be attributed to s. 50, it applies only to cases in which a tramway company is fulfilling the obligation of maintaining the specified portion of the road in good condition and repair. But where a tramway company exercises the powers conferred on it by s. 35, its obligations are limited to those imposed by s. 39, Brisbane City Council v. Brisbane Tramways Co. Ltd., [1920] St. R. Qd. 258; [1920] Q.w.N. 42. Where the operation of this section had been duly suspended (as to which see ss. 78 and 79) it was held that a tramway company was not liable for damage caused by a projecting rail from which the road had worn away, Nielsen v. Brisbane Tramways Co. Ltd. (1912), 14 C.L.R. 354; 6 Q.J.P.R. 99, affirming the decision of the Full Court, [1912] St. R. Qd. 90; [1912] Q.W.N. 20; 6 Q.J.P.R. 26, If company fail to maintain, council to do so at company's expense. Compare 33 & 34 Vic. c. 78, s. 28. If the company fail to comply with the provisions of the last preceding section the council shall themselves, at any time after seven days' notice to the company, maintain and repair the road in the manner prescribed in such section, and shall be entitled to recover as liquidated damages from the company the expense incurred in such maintenance and repair.

15 TRAMWAYS ACTS, 1882 TO 1890 ss (1) If company abandon tramway works, roadway to be restored. Compare 33 & 34 Vic. c. 78, s. 28. If after having begun the construction of the tramway the company abandon their undertaking or any part of it, or the tramway is not completed within the prescribed time, they shall forthwith remove all the materials and rubbish and completely restore the roadway to the satisfaction of the council. (2) If not so restored, council to restore street at company's expense. If the company, after seven days' notice from the council, fail to so restore the roadway, the council shall restore it, and shall be entitled to recover as liquidated damages from the company the expense of such restoration. 53. Description of cars. Compare 33 & 34 Vic. c. 78, s. 34. The cars of the company shall be of the following description, that is to say,- (1) Horse traction. They shall be drawn by horses, or, with the concurrence of the council, by steam or other motive power. (2) Furnished with brake. Every car shall be furnished with a brake, to be worked, if required, from each end of the car. (3) Breadth of car. No car shall extend beyond the outer edge of its wheels to a greater distance than fourteen inches on each side. ( 4) Flange-wheels. The cars shall be provided with flange-wheels, or wheels specially adapted to run in a grooved rail. 54. (1) Speed. No car shall travel on the tramway at a greater speed than is allowed by the by-laws of the council. (2) Penalty. Any person committing a breach of this section shall be liable for each offence to a penalty not exceeding forty dollars, or to be imprisoned and kept to hard labour for a term of six calendar months. Decimal currency reference substituted pursuant to section 7 of Decimal 55. (1) Company to have exclusive lise of the tramway_ The company shall, subject to the provisions of this Act, have the exclusive use of the tramway. (2) Penalty. Compare 33 & 34 Vic. c. 78, s. 54. Any person who, except by agreement with the company, wilfully uses the rails of the tramway for the purpose of driving or propelling thereon any conveyance, having its wheels, or any contrivance attached thereto, specially adapted for using such rails, shall forfeit and pay to the company a sum not exceeding forty dollars for every time the rails are so used. Decimal currency reference substituted pursuant to section 7 of Decimal 56. Company may arrange for use of tramway. Compare 33 & 34 Vic. c_ 78, s. 35. The company may from time to time make contracts with any person- (1) For the use by him of the tramway; (2) For the charges to be paid by him therefor; and (3) For the terms and conditions thereof, and all incidental matters.

16 554 RAILWAYS AND TRAMWAYS Vol Penalties for interference with tramways. Compare 33 & 34 Vic. c. 78, s. 50. If a person without lawful excuse, the proof of which shall lie on him, wilfully- (1) Interferes with, removes, or alters any part of the tramway, or of the works connected with it; or (2) Places or throws stones, dirt, or other material on any part of the tramway; or (3) Obstructs or interferes with any conveyance lawfully employed upon the tramway; or ( 4) Hinders or endeavours to hinder any person from getting in or out of any conveyance lawfully employed upon the tramway; or (5) Knowingly assists in doing any of the above mentioned thingshe shall for every such offence, in addition to any proceedings by way of indictment, or otherwise, to which he is liable, forfeit to the company a sum not exceeding forty dollars. Decimal currency reference substituted pursuant to section 7 of Decimal For the purposes of Criminal Code, the term "tramway" is included in the term "railway". See definition of "railway" in s. 1 thereof, title CRIMINAL LAW, Vol. 3, p The indictable offences in relation to railways are declared in the following sections of the Code: s. 329 (endangering the safety of persons travelling by railway: a misdemeanour), s. 319 (intentionally endangering the safety of persons so travelling: a crime), s. 467 (obstructing and injuring railways: a crime), s. 469 II (2) (destroying or damaging a railway, or a bridge, viaduct or aqueduct constructed over a railway or over which a railway passes: a crime), s. 469 II (3) (destroying or damaging a railway, bridge, viaduct or aqueduct with intent to render the same dangerous or impassable and effecting that purpose: a crime), s. 469 V (malicious injury to part of a railway or railway works: a crime). PART VI-THE TRAFFIC UPON TRAMWAYS 58. Fares. The company shall, pursuant to regulations from time to time made by them subject to the provisions of this Act, be entitled to charge for the conveyance of every passenger upon the tramway any sum not exceeding two-pence per mile or fraction of a mile. 59. Luggage to be carried free. Every passenger travelling on the tramway shall be entitled to take with him, free of additional charge for carriage, personal luggage not exceeding twenty pounds in weight. 60. List of fares to be posted. Compare 33 & 34 Vic. c. 78, s. 45. There shall be posted in some conspicuous place inside of every car used on the tramway, a printed extract from the company's regulations, containing- (1) A list of the fares demanded by the company for carriage on the tramway; and (2) Instructions as to whom, in what manner, and at what places such fares shall be paid. 61. Not applicable to special cars. The foregoing restrictions as to fares which the company may lawfully demand shall not extend to a special car, but shall apply only to the ordinary cars appointed from time to time for the conveyance of passengers.

17 TRAMWAYS ACTS, 1882 TO 1890 ss (1) Penalty for evasion of fare. Compare 33 & 34 Vic. c. 78, s. 51. H a person travelling in or upon any of the company's cars,- (a) Avoids or attempts to avoid full payment of his lawful fare; or (b) Refuses or neglects on arriving at the point to which he has paid his fare to quit the car, he shall forfeit to the company a sum not exceeding four dollars. (2) Offenders may be detained. Compare 33 & 34 Vic. c. 78, s. 52. Any officer of the company, and all persons called by him to his assistance, may seize a person detected in the act of committing any offence mentioned in this section, and may, if his name and residence are unknown to the officer, detain such person until he can be conveniently taken before a justice or is otherwise discharged by course of law. Decimal currency reference substituted pursuant to section 7 of Decimal Compare the more drastic provision contained in s. 34 (2) of the Vagrants, Gaming, and Other Offences Acts, 1931 to 1967, title VAGRANTS. As to the right of persons arrested in such circumstances to be admitted to bail, see Justices Acts, 1886 to 1968, S. 69A, title JUSTICES, Vol. 8, p (1) No person to car,ry dangerous goods on tramways. Compare 33 & 34 Vic. c. 78, s. 53. No person shall carry dangerous chemicals or explosives on the tramway; and a person who carries or attempts to carry such goods on the tramway shall be liable to a penalty of forty dollars. (2) Company may open suspected p'arcels. Any of the company's servants, or any constable or justice of the peace, may require to be opened any parcel reasonably suspected to contain dangerous goods. Decimal currency reference substituted pursuant to section 7 of Decimal With this section compare s. 114 of Railways Acts, 1914 to 1965, p. 502, allte. PART VII-DANGEROUS OR INCONVENIENT TRAMWAYS AND INSOLVENT COMPANIES 64. The removal of dangerous or inconvenient tramways. Compare 33 & 34 Vic. c. 78, s. 41. If after the tramway has been one year open to public traffic it is represented in writing to the Minister by the council that the tramway is dangerous or inconvenient to the public and ought to be removed or modified, or that by reason of the default of the company the traffic arrangements are insufficient for the requirements of the public, the following provisions shall have effect, namely,- ( 1) Governor may order removal or alteration. The Governor in Council may, if satisfied that the tramway is dangerous or inconvenient, or that by reason of such default the traffic arrangements are insufficient, as aforesaid, by order under his hand require the company to remove or modify the tramway, or any part thereof, or improve the traffic arrangements. (2) Arbitration. If the company within one month after the service of the order give notice in writing under their common seal to the Minister of their desire to refer the question to arbitration, the Governor in Council shall forthwith appoint some

18 556 RAILWAYS AND TRAMWAYS Vol. 14 impartial person as arbitrator whose decision shall be final and conclusive as against all parties, and who by his award may, in his discretion, direct the removal or modification of the tramway, or the modification of the traffic arrangements. (3) Company to remove or alter tramway. Within six months after the service of the Order in Council, or the publication of the arbitrator's award directing such removal or modification, as the case may be, the company shall- (a) Remove or modify the tramway, or improve or modify the traffic arrangements, in pursuance of the directions contained in the order or award, and (b) Make good the street to the reasonable satisfaction of the council. ( 4) If company fail, council to do so at company's expense. If the company fail to so remove or modify the tramway, or to so make good the street,- (a) The removal, modification, and making good, may be effected by the council at the cost of the company; and (b) The certificate of the clerk for the time being of the council shall be final and conclusive, with reference to such cost, which shall be forthwith repaid to the council by the company on demand. (5) Council may sell materials to defray expenses. If the company fail to pay the amount so certified within one month after delivery to them of the certificate aforesaid, or a copy thereof, the council (without prejudice to any other remedy for the recovery of the amount) may,- (a) Sell and dispose of any of the tramway material either by public auction or private sale, as the council think fit; and (b) Reimburse themselves out of the proceeds of such sale the amount of the costs certified as aforesaid, with all expenses incidental to the sale; and shall pay the balance (if any) of the proceeds to the company. (6) If the company fail to improve or modify the traffic arrangements, the council may take possession of the tramway with all the cars and other appliances used for working the same. 65. Tramways not worked may be removed or seized by council. Compare 33 & 34 Vic. c. 78, s. 42. If, at any time after the opening of the tramway for traffic, the company discontinue working it for the space of three calendar months, or a resolution is passed or order made for winding up the company, the council may- ( 1) Remove the tramway and restore the street at the expense of the company, and recover such expense in the manner prescribed in the last preceding section; or (2) Take possession of the tramway with all the cars and other appliances used for working the same. The powers conferred by this section are modified by s. 10 of the Tramways Act of 1882 Amendment Act of 1890, p. 567, post.

19 TRAMWAYS ACTS, 1882 TO 1890 ss Penalty. Any person who, being in charge of the tramway for the time being or otherwise, unlawfuuy- (a) Refuses to hand over possession of the same, with its appliances, to the council; or (b) Hinders or obstructs the council in taking possession of the tramway under the provisions of this Act,- shall be liable to a penalty not exceeding two hundred dollars, or six months' imprisonment. Decimal currency reference substituted pursuant to section 7 of Decimal 67. Council may work tramway. Where the council have taken possession of the tramway, pursuant to the foregoing provisions, they shall, for the purpose of maintaining and working the tramway, enjoy for the time being the same privileges and be subject to the same restrictions and obligations as the company previously enjoyed and were subject to. 68. Tramway may be restored to company or purchased by council. ( 1 ) If within six months after the council have taken possession as aforesaid of the tramway, the company prove to the satisfaction of the Minister that they are competent to work the tramway for the public advantage, and to comply with all the provisions of this Act, the Governor in Council may- Order the council, on receipt of all reasonable expenses incurred by them in taking possession, maintaining, and working the tramway, to restore it to the company. (2) If within the said period of six months the company fail to satisfy the Minister as aforesaid, the Governor in Council may- (a) Authorise the council to retain the tramway, and work the same for public purposes; and, in such case, (b) Order the council to pay, as compensation to the company, or to the mortgagee, receiver, or other person for the time being lawfully entitled to receive the same, such sum as may be agreed upon between the council and the company, or such other person, as the value of the tramway, with all the cars and other appliances used for working the same. 69. In case of dispute to be decided under 42 Vic. No.5. If the council and the company, or such other person, cannot agree as to the amount to be so paid as compensation for the tramway the question shall be determined in the manner provided by "The Public Works Lands Resumption Act of 1878," in cases of compensation for lands required for public purposes. Act referred to: Public Works Lands Resumption Act of 1878; see now Acquisition of Land Act of 1967, title WORKS. 70. Where tramway extends through more than one municipality. Where a tramway has been constructed along a street and extends through more

20 558 RAILWAYS AND TRAMWAYS Vol. 14 municipalities or portions of municipalities than one, and where it is deemed expedient that a local authority shall take possession of or purchase such tramway under the provisions of this Act- (1) The joint-board of a united municipality comprising the whole of the municipalities in which the tramway or any portion thereof has been constructed; or (2) If there be no joint-board such one of the councils of such municipalities as the Governor in Council by notification in the Gazette directs,- shall be deemed to be the council entitled to take possession of or purchase the tramway as aforesaid. PART VIII-BY-LAWS, PENALTIES, ApPEALS, AND NOTICES 71. Po.wer to. make by-laws. Compare 33 & 34 Vic. c. 78, s. 46. The company may, subject to the provisions of this Act, from time to time make by-iaws- ( 1) Fo.r preventing nuisances. For preventing the commission of nuisances in or upon the cars or on the premises of the company; (2) Fo.r regulating traffic. For regulating the traffic upon the tramway, and the conduct of the officers and servants of the company; and (3) Fo.r general o.bjects. For the general management of the affairs of the company. 72. Penalty for breach o.f by-law. Co.mpare 33 & 34 Vic. c. 78, s. 47. Any person committing a breach of a by-law of the company shall be liable to a penalty not exceeding ten dollars; and if such breach is attended with danger or annoyance to the public, or causes any hindrance to the traffic on the tramway, the company or any of their servants may summarily remove the offender from their cars or premises without prejudice to the penalty incurred by him. Decimal currency reference substituted pursuant to section 7 of Decimal 73. By-laws to. be co.nfirmed by Go.verno.r in Co.uncil. Every by-law made by the company shall, before it has force or effect, be approved by the Governor in Council and published in the Gazette. 74. Disallowance o.f by-laws. The Governor in Council may, by notification in the Gazette, disallow any by-law of the company; but such disallowance shall not affect any penalty which may have been previously incurred under sueh by-law. 75. Offences to. be prosecuted summarily. Co.mpare 33 & 34 Vic. c. 78, s. 56. (1) All offences (not being misdemeanours) under this Act, or under any by-law made in pursuance of its provisions, may be prosecuted summarily before two or more justices of the peace.

21 TRAMWAYS ACTS, 1882 TO 1890 ss (2) Where no penalty for a breach of this Act is expressly provided for the same, such penalty shall be any sum not exceeding twenty dollars. Decimal currency reference substituted pursuant to section 7 of Decimal 76. (1) Appeal to district court. Any person convicted of an offence (not being a misdemeanour) punishable by this Act, or by a by-law made under its provisions, may appeal to the next sitting of the district court held in the district in which the conviction was made. (2) Recognizance. Such person shall enter into recognizance within three days next after such conviction, with two sufficient sureties to the satisfaction of the justices before whom conviction was had, conditioned to try such appeal, and to be forthcoming to abide the judgment and the determination of such court, and to pay such costs as such court awards. (3) Court to determine appeal and award costs. The justices before whom such conviction was had are hereby empowered and required to take such recognizance, and the district court is hereby required to hear and determine the matter of such appeal, and may award such costs to the party appealing or appealed against as it thinks proper. 77. Saving of civil remedy. The institution of any criminal proceedings against, or the conviction of a person for any breach of this Act, shall not affect any remedy which any person aggrieved may be entitled to in any civil proceeding. 78. (1) Sections 28 to 32 and 49 to 61 may be varied or suspended by regulations. Subject to the conditions prescribed in the next following section, the Governor in Council may, by regulations made in respect of any tramway or proposed tramway constructed under the authority of this Act, vary or suspend any or all of provisions of the undermentioned sections, that is to say,- Sections twenty-eight to thirty-two, inclusive, and sections fortynine to sixty-one, inclusive. (2) Regulations to have the force of law. Every such regulation shall, after publication in the Gazette, have the force of law. (3) Penalty for breach. Every person who commits a breach of any such regulation shall be subject to the same penalties as are respectively imposed by this Act for breaches of the sections so varied. Note to section as amended by Acts Citation Act of 1903, s. 10. Since such regulations, duly made and duly gazetted, have the force of law, all courts are bound to take judicial notice of them, Sankey v. Plover, [1903] St. R. Qd. 63, at p. 66; Blake v. Harte; Ex parte Hatte, [1929] St. R. Qd. 271; 23 Q.J.P.R (1) Regulations only to be made in pursuance of application or petition. The powers conferred by the last preceding section shall not be exercised by the Governor in Council except in pursuance of- (a) An application under seal from a council having control over the streets in which a tramway has been projected, authorised, or constructed under this Act; or

22 560 RAILWAYS AND TRAMWAYS Vol. 14 (b) A petition signed by not less than one-third of the owners or occupiers of rateable property having frontage to such streets; or (c) A petition from the company authorised to construct such tramway under the provisions of this Act. (2) One month's notice of application to be given. Before any such application or petition is submitted to the Governor in Council, the Minister shall be satisfied that at least one month's notice thereof has been published in the Gazette, and in some newspaper circulating in the locality referred to therein. (3) Regnlations may be petitioned against. Within one month after the last publication of such notice as aforesaid, any council, ratepayers, or constructing authority affected thereby may, by petition to the Governor in Council, pray that the aforesaid powers mayor may not be so exercised. ( 4) Governor in Council may make or refuse to make regulations. At the expiration of one month from the last publication of such notice, the Governor in Council may exercise or refuse to exercise the aforesaid powers as to him seems expedient. 80. Notices may be printed or written. (1) Notices under this Act may, unless express provision to the contrary is made, be in writing or print, or partly in writing or partly in print. (2) Every notice shall be signed by the company, the councilor other municipal authority, or other persons giving it, or by their secretary or clerk. 81. Service of notice. (1) Any notice under this Act required to be given to any person may be served,- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2) A notice posted as aforesaid shall be deemed to have been given at the last moment of the day on which the same ought to be delivered at its destination in the ordinary course of post. (3) Where a notice under this Act is required to be given to a person who is unknown, the notice may be served by publishing it once in the Gazette and once in some newspaper circulating in the locality referred to therein. PART IX-MUNICIPAL PRIVILEGES AND RIGHTS 82. Rating clause. Every tramway constructed or worked by a company or other persons under the provisions of this Act shall be deemed to be rateable property within the meaning of the laws in force for the time bein~ for the government of municipalities or divisions. The valuation and rating of tramways constructed in any road under this Act are regulated by s. 24 (ii) of the Local Government Acts to 1967, title LOCAL AUTHORITIES. Vol. 10. p. 397.

23 TRAMWAYS ACTS TO 1890 ss Power of council reserved. Compare 33 & 34 Vic. c. 78, s. 61. Nothing in this Act shall affect the power of the council to regulate the traffic over any street in which the tramway is laid. PART X-TRAMWAYS PURCHASED OR CONSTRUCTED BY LOCAL AUTHORITIES-RESERVATION OF RIGHTS 84. C 1) Proviso for purchase by council. Compare 33 & 34 Vic. c. 78, s. 43. At any time after the expiration of fourteen years after the completion of a tramway constructed under the provisions of this Act, the council may purchase the tramway with its appurtenances, subject to any mortgage existing thereon, on giving to the company six months' notice in writing of their intention to do so. C 2) How amount of purchase money ascertained. The amount of purchase-money shall be such amount as may be agreed upon between the council and the company; or, if the parties cannot agree, such amount shall be ascertained in the manner provided by "The Public Works Lands Resumption Act of 1878" for determining the amount of compensation to be paid to the owners of lands required for public purposes. (3) Purchase by council with consent of Governor in Council. The council may at any time, with the consent of the Governor in Council, purchase such tramway from the company, mortgagee, or other persons for the time being in lawful possession of the same, at such price and upon such terms and conditions as may be mutually agreed upon. Act referred to: Public Works Lands Resumption Act of 1878; see now Acquisition of Land Act of 1'167, tit;e WORKS. The first subsection of this section has been modified by s. 12 of the Tramways Act of 1882 Amendment Act of 1890, post. As to the basis on which the assessment of the purchase money payable should be made, see Brisbane Tramways Co. Ltd. v. Brisbane Tramway Trust, [1923] St. R. Qd As to the Local Authority's right to purchase an insolvent undertaking, see ss. 10,26,27; as to its right to lease or sell the undertaking, s. 86. See also notes on definition of "council" in s. 2. The acquisition of the Brisbane tramways by the Brisbane Tramway Trust was deemed to be a purchase by the twelve local authorities specified in s. 15 of the Brisbane Tramway Trust Act of 1922, pursuant to these Acts. See s. 16 (1) of that Act, which is printed in the Sessional Volume for As to vesting of tramways in the Brisbane City Council, see s. 52 of the City of Brisbane Acts, 1924 to 1967, title BRISBANE, Vol. 3, p. 71. As to the liability of a local authority, which after taking over a tramway undertaking has abandoned the use thereof, to maintain the surface of the road on which the tramway is laid, cf. Browne v. De Luxe Car Services, [1941] 1 K.B. 549; [1941] 1 All E.R Council acquiring or constructing tramway to be subject to the provisions of this Act. Where the councilor any other authority or persons authorised by this Act- (1) Undertake the construction of a tramway; or, (1) Purchase a tramway under the provisions of this Act; or, C 3) Obtain temporary possession of a tramway through failure of the company to complete or use the same pursuant to the

24 562 RAILWAYS AND TRAMWAYS Vol. 14 provisions of this Act; or to improve or modify its traffic arrangements in pursuance of an order or award made under Part VII of this Act; or, (4) Obtain possession of a tramway by virtue of any foreclosure, sale, or other remedy accruing to a mortgagee under the provisions of this Act such council or other authority or persons shall be subject to the provisions of this Act, so far as the same are applicable, with respect to the construction, maintenance, use, and working of the tramway and the regulation of the traffic thereon; and shall be bound to perform and observe all the conditions and obligations, so far as the same are applicable, imposed on the company with respect to the matters abovementioned, in the same manner and to the same extent as if such councilor other authority or persons had been named in this Act instead of the company. 86. Council may lease the tramway. If the councilor other local authority as aforesaid purchase or construct a tramway under the provisions of this Act, it may fwm time to time lease to any person or company approved by the Governor in Council the right of use of the tramway and of demanding and taking in respect thereof the fares authorised by this Act, or may sell the tramway, with all the cars and other appliances used for working the same, to any person or company so approved. The Brisbane Tramway Trust has no power to sell, lease, mortgage, or otherwise dispose of the tramway. See Brisbane Tramway Trust Act of 1922, s. 31, 1922 Sessional Volume, p See also note to s. 84, ante. 87. Council may exercise powers beyond limits of municipality. When the council becomes the constructing authority, or purchases or takes possession of a tramway under the provisions of this Act, such council may, with the consent of every other council interested therein or affected thereby, exercise the powers herein conferred beyond as well as within the limits of the municipality under their jurisdiction. Proviso. Provided that if such consent is in any case arbitrarily withheld by any other council, the Governor in Council may, by order, authorise the council which is the constructing authority, or lawfully acquires possession of the tramway to exercise such powers in the same manner as if such consent had not been withheld as aforesaid. See definitions of "council" and "municipality" in s. 2 and notes thereon. 88. (1) Council may borrow under 44 Vic., No.9. Subject to the provisions of this Act, and notwithstanding any restriction or limitation imposed by any other Act, the council may, for the purchase, construction, or extension of a tramway, borrow moneys from the Treasurer under the provisions of "The Local Works Loan Act of 1880." (2) But not from private lenders. The council shall not be empowered to borrow money from any person or corporate body under the provisions of Part III of this Act. Act referred to: Local Works Loans Acts, 1880 to 1918, title LOCAL AUTHORITIES, Vol. 10, p Powers of Act cumulative. Where the tramway is constructed or worked by a councilor other local authority, all the powers given by this