The Short Title of this Act shall be “The Tramways Act, 1872.”

For the purposes of this Act, the terms hereinafter mentioned shall have the meanings hereinafter assigned to them, that is to say:—

Within any Province in which by any Act or Ordinance it is provided that the Superintendent shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council, the Superintendent of such Province shall, in the exercise and performance of any powers or duties vested in or conferred on him by this Act, act by and with the advice and consent of such Council, and the proceedings of such Council shall, with reference to powers or duties and acts matters or things to be exercised performed or done under this Act, be regulated by the provisions of any Act or Ordinance for the time being in force in such Province regulating the proceedings of the Executive Council of such Province in the administration of the affairs thereof.

Orders authorizing the construction of tramways in any district may be obtained by—

The local authority of such district, or by

Any person persons corporation or company, with the consent of the local authority of such district.

And any such local authority person persons corporation or company shall be deemed to be promoters of a tramway, and are in this Act referred to as “the promoters.”

Application for an order shall not be made by any local authority until such application shall be approved in the manner prescribed in the Second Schedule to this Act annexed.

The local authority may, in consideration of giving such consent as in the preceding section mentioned, and of the right of user of any road or roads, make such terms and conditions with such person or persons corporation or company as shall be agreed on, and in and by such agreement may stipulate for the payment to the local authority of a fixed annual sum, or a proportionate part of the profits received from the working of the tramway, or for such other consideration as such local authority may think fit. The local authority may also, in and by such agreement, stipulate that such person or persons corporation or company shall give such security as the local authority thinks fit for the due performance of any such agreement, and for the construction of the tramway and carrying out of the undertaking. Every such agreement shall be made only with and subject to the approval of the Superintendent.

Where it is proposed to lay down a tramway in two or more districts, and any local authority having jurisdiction in any of such districts does not consent thereto, the Governor in Council, on the recommendation of the Superintendent, may nevertheless make an order authorizing the construction of such tramway if he is satisfied, after inquiry, that two-thirds of the length of such tramway is proposed to be laid in a district or in districts the local authority or the local authorities of which district or districts do consent thereto.

The promoters intending to make an application to the Superintendent for an order, shall proceed as follows:—

Not more than sixty and not less than thirty days next before their application, they shall publish notice of their intention to make such application by advertisement, and as to such advertisement they shall comply with the provisions contained in Part I. of the Third Schedule to this Act.

On or before the fifteenth day next before such application, they shall deposit the documents described in Part II. of the Third Schedule, according to the regulations therein contained.

On making such application, they shall deposit the documents described in Part III. of the Third Schedule hereto, according to the regulations therein contained.

The Superintendent shall consider the application, and may if he think fit direct an inquiry in the district to which the same relates, or may otherwise inquire as to the propriety of proceeding upon such application; and he shall consider any objection thereto that may be lodged with him on or before such day as he from time to time appoints, and shall determine whether or not the promoters may proceed with the application.

Where it appears to the Superintendent expedient and proper that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, the Superintendent may settle and make an order accordingly.

The Superintendent shall, before granting any such application, give notice to the Minister of the proposed line of the tramway referred to in such application, and if the Minister, within thirty days after the receipt of such notice, notifies to the Superintendent in writing that he objects to the construction thereof or of any part thereof, the Superintendent shall not grant such application, or shall grant the application only so far as the Minister does not object thereto.

Every such order shall empower the promoters therein specified to make the tramway upon the gauge and in manner therein described, and shall contain such provisions as (subject to the requirements of this Act) the Superintendent, according to the nature of the application and the facts and circumstances of each case, thinks fit, but so that any such order shall not contain any provision for empowering the promoters or any other person to acquire lands except to an extent therein limited.

Every such order shall specify the nature of the traffic for which such tramway is to be used, and the tolls and charges which may be demanded and taken by the promoters in respect of the same, and shall contain such regulations relating to such traffic and such tolls and charges as the Superintendent shall deem necessary and proper.

The costs of and connected with the preparation and making of each order, and of any inquiry in relation thereto, shall be paid by the promoters, and the Superintendent may require the promoters to give security for such costs before they proceed with the application for the order.

When an order has been made as aforesaid and delivered to the promoters, the promoters shall forthwith publish the same by deposit and advertisement, according to the regulations contained in Part IV. of the Third Schedule to this Act.

The Governor in Council on the recommendation of the Superintendent, on the application of any promoters empowered by an order, may from time to time revoke amend extend or vary such order by a further order.

Every application for such further order shall be made in like manner and subject to the like conditions as the application for the former order.

Every such further order shall be made in like manner in every respect as the former order.

Subject and according to the provisions of this Act, the Superintendent may, on a joint application or on two or more separate applications, settle and make an order empowering two or more local authorities respectively jointly to construct the whole or separately to construct parts of a tramway, and jointly or separately to own the whole or parts thereof; and all the provisions of this Act which relate to the construction of tramways shall extend and apply to the construction of the whole and the separate parts of such tramway as last aforesaid, and the form of the order may be adapted to the circumstances of the case.

If the promoters empowered by any order under this Act to make a tramway are not a local authority, and do not within the period prescribed in the agreement entered into by it with the local authority complete the tramway and open it for public traffic, or

the powers given by the order to the promoters for constructing such tramway, executing such works, or otherwise in relation thereto, shall cease to be exercised except as to so much of the same as is then completed, unless the time be prolonged by the special direction of the local authority, and as to so much of the same as is then completed the local authority may allow the said powers to continue and to be exercised if it shall think fit, but failing such permission the same shall cease to be exercised; and where such permission is withheld, then so much of the said tramway as is then completed shall be deemed to be a tramway to which all the provisions of this Act relating to the discontinuance of tramways after proof of such discontinuance shall apply, and may be dealt with accordingly.

A notice, purporting to be published by the Superintendent acting on the recommendation of the local authority, in the New Zealand Gazette, to the effect that a tramway has not been completed and opened for public traffic, or that the works have not been substantially commenced, or that they have been suspended without sufficient reason, shall be conclusive evidence, for the purposes of this section, of such non-completion non-commencement or suspension.

With regard to any part of a tramway authorized to be laid down in two or more districts, and to which part the local authority through whose district such part is authorized to pass shall not have entered into an agreement with the promoters, under section five of this Act, the Superintendent may, with regard to such part, perform and exercise all the acts and powers given by this section to the local authority, and in such case may also, without the recommendation of the local authority, exercise all powers by this section in other cases given to the Superintendent acting on the recommendation of the local authority.

When a tramway has been completed under the authority of an order by any local authority, or where any local authority has, under the provisions of this Act, acquired possession of any tramway, such authority may, with the consent of the Superintendent and subject to the provisions of this Act, by lease, to be approved of by the Superintendent, demise to any person persons corporation or company the right of user by such person persons corporation or company of the tramway, and of demanding and taking in respect of the same the tolls and charges authorized, or such authority may leave such tramway open to be used by the public, and may in respect of such user demand and take the tolls and charges authorized; but nothing in this Act contained shall authorize any local authority to place or run carriages upon such tramway, and to demand and take tolls and charges in respect of the use of such carriages.

Notice of the intention to make such lease shall be published by the local authority by advertisement, and a copy of such lease shall be deposited according to the regulations contained in Part I. of the Fourth Schedule to this Act annexed; and unless such notice is given and such copy deposited, such lease shall not be approved of by the Superintendent.

Every such lease shall be made for a term or for terms not exceeding in the whole twenty-one years.

On the determination of any lease made under this Act, the local authority may from time to time, with the consent of the Superintendent, by lease, demise such rights for such further term or terms, not exceeding in any case twenty-one years, as the Superintendent may approve.

Every such lease shall imply a condition of re-entry if at any time after the making of the same the lessees discontinue the working of the tramway leased, or of any part thereof, for the space of three calendar months (such discontinuance not being occasioned by circumstances beyond the control of such lessees, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control).

The person persons corporation or company to whom any such lease may be made are in this Act referred to as “lessees.”

Where the local authority in any district are the promoters of any tramway, they shall pay all expenses incurred by them in applying for and obtaining an order and carrying into effect the purposes of such order out of the local rate, and any such expenses shall be deemed to be purposes for which such local rate may be made and to which the same may be applied, but no such expenditure shall be made unless and until authorized by the ratepayers by resolution as hereinafter provided.

Where the local rate is limited by law to a certain amount, and is by reason of such limitation insufficient for the payment of such expenses, and if the local authority shall not have been incorporated under “The Municipal Corporations Act, 1867,” or if Part XVI. of the said Act shall not have been applied thereto, the limit of such local rate may, for the purposes of payment of such expenses, be extended by a resolution adopted first by the local authority, and afterwards by the ratepayers as hereinafter provided, and such extension shall be to such an amount as shall be specified in such resolution.

Such local authority, if not incorporated under “The Municipal Corporations Act 1867,” or if Part XVI. shall not have been made applicable to it, may for the purposes of such order borrow and take up at interest, on the credit of such local rate, any sums of money necessary for defraying any such expenses; and for the purpose of securing the repayment of any sums so borrowed, together with such interest as aforesaid, such local authority may mortgage to the persons by or on behalf of whom such sums are advanced, such local rate, but the exercise of the above-mentioned power shall be subject to the following regulations:—

The money so borrowed shall not exceed such sum as may be sanctioned by resolution adopted first by the local authority, and afterwards by the ratepayers as hereinafter provided.

The money may be borrowed for such time, not exceeding thirty years, as such local authority, with the sanction of the Superintendent, shall determine, and subject as aforesaid to the repayment within thirty years, such local authority may either pay off the moneys so borrowed by equal annual instalments or they may in every year set apart as a sinking fund, and accumulate in the way of compound interest by investing the same in the purchase of Government securities, such sum as will be sufficient to pay off the moneys so borrowed, or a part thereof, at such times as the local authority may determine.

The provisions contained in the Fifth Schedule to this Act, with respect to loans, shall apply to any mortgage executed under the foregoing provisions of this section.

But if such local authority be incorporated under “The Municipal Corporations Act, 1867,” or if Part XVI. of the said Act shall have been applied to it, then, in addition to the general and special rates by any Act heretofore passed authorized to be raised, such local authority may, subject to the laws regulations and conditions in the said “Municipal Corporations Act, 1867,” and Acts amending the same mentioned, make and levy, on all rateable property within the district subject to its jurisdiction, a special rate for the purposes of such tramway, or paying the interest on any loan contracted by the Council for such purpose; but such rate shall not exceed in any year such sum in the pound of the assessment of the rateable property of such district for the time being in force, as shall be fixed by a resolution adopted first by the local authority and afterwards by the ratepayers in the manner hereinafter provided, and the money so to be borrowed shall not exceed such sum as may be sanctioned by a resolution adopted first by the local authority, and afterwards by the ratepayers as hereinafter provided.

Such rate shall be within the meaning of the said Act a special rate, and, subject to the provisions of the said Act relating to loans, the local authority may raise moneys on the security of such rates.

Save when it is herein or in the said Act otherwise expressly provided, or there is something in the context repugnant thereto, all the provisions of the said Act relating to loans rates and special rates shall apply to every special rate hereby authorized to be made; and every such special rate shall be deemed, for the purposes of the said last-mentioned provisions, to have been made in each year upon all rateable property as aforesaid, at and upon the expiration of each successive period of twelve calendar months from the date of the special order by which such rate shall have been first made.

Every such local authority shall keep separate accounts of all moneys paid by them in applying for obtaining and carrying into effect any such order, and in the repayment of moneys borrowed, and of all moneys received by them by way of rent tolls or otherwise in respect of the tramway authorized thereby.

When, after payment of all charges incurred under the authority of this Act and necessary for giving effect to such order, there shall be remaining in the hands of such local authority any of the moneys received by them by way of rent tolls or otherwise in respect of the tramway authorized by such order, such moneys shall be applied by them to the purposes for which the local rate may be by them applied.

Part II. and Part III. of this Act shall apply to every tramway which is hereafter authorized by any order, and shall be incorporated with such order, and all the said provisions of this Act, save so far as they shall be expressly varied or excepted by any such order, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the provisions of every other Act or part of any Act by law authorized to be incorporated therewith and which shall be incorporated therewith, form part of the said order, and be construed therewith as forming one order, as the case may be.

The term “the promoters” shall mean any person persons corporation company or local authority authorized by order to construct a tramway.

Every tramway which is hereafter authorized by order shall be constructed on such gauge as may be prescribed by such order, and shall not be opened for public traffic until the same has been inspected and certified to be fit for such traffic in the prescribed manner.

The promoters, from time to time, for the purpose of making forming laying down maintaining and renewing any tramway duly authorized, or any part or parts thereof respectively, may open and break up any road, subject to the following regulations:—

They shall give to the local authority notice of their intention, specifying the time at which they will begin to do so, and the portion of road proposed to be opened or broken up, such notice to be given seven days at least before the commencement of the work.

They shall not open or break up or alter the level of any road except under the superintendence and to the reasonable satisfaction of the local authority, unless that authority refuses or neglects to give such superintendence at the time specified in the notice, or discontinues the same during the work.

They shall pay all reasonable expenses to which the local authority is put on account of such superintendence.

They shall not, without the consent of the local authority, open or break up at any one time a greater length than one hundred yards of any road.

Where the carriage-way in or upon which any tramway is proposed to be formed or laid down is crossed by any railway or tramway on the level, any work which the promoters may be empowered to construct, and which affects or in anywise interferes with such railway or tramway or the traffic thereon, shall be constructed and maintained under the superintendence (at the cost of the promoters) and to the reasonable satisfaction of the person corporation company or authority owning such railway or tramway, unless after notice, to be given by the promoters seven days at least before the commencement of such work, such superintendence is refused or withheld.

When the promoters have opened or broken up any portion of any road, they shall be under the following further obligations, namely—

They shall with all convenient speed, and in all cases within four weeks at the most (unless the local authority otherwise consents in writing), complete the work on account of which they opened or broke up the same, and (subject to the formation maintenance or renewal of the tramway) fill in the ground and make good the surface, and, to the satisfaction of the local authority, restore the portion of the road to as good condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling material or rubbish occasioned thereby.

They shall in the meantime cause the place where the road is opened or broken up to be fenced and watched, and to be properly lighted at night.

They shall bear or pay all reasonable expenses of the repair of the road for six months after the same is restored, as far as those expenses are increased by the opening or breaking up.

If the promoters aforesaid fail to comply in any respect with the provisions of the present section, they shall for every such offence (without prejudice to the enforcement of specific performance of the requirements of this Act or to any other remedy against them) be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for each day during which any such failure continues after the first day on which such penalty is incurred.

The promoters shall at their own expense at all times maintain and keep in good condition and repair, with such materials and in such manner as the local authority shall direct, and to their satisfaction, so much of any road whereon any tramway belonging to them is laid as lies between the rails of the tramway, and where two tramways are laid by the same promoters in any road at a distance of not more than four feet from each other, the portion of the road between the tramways, and in every case so much of the road as extends eighteen inches beyond the rails of and on each side of any such tramway.

If the promoters abandon their undertaking, or any part of the same, and take up any tramway or any part of any tramway belonging to them, they shall with all convenient speed, and in all cases within six weeks at the most (unless the local authority otherwise consents in writing), fill in the ground and make good the surface, and, to the satisfaction of the local authority, restore the portion of the road upon which such tramway was laid to as good a condition as that in which it was before such tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work, and they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched, and to be properly lighted at night: Provided always that if the promoters fail to comply with the provisions of this section, the local authority, if they think fit, may themselves, at any time after seven days’ notice to the promoters, open and break up the road, and do the works necessary for the repair and maintenance or restoration of the road, to the extent in this section above mentioned, and the expense incurred by the local authority in so doing shall be repaid to them by the promoters.

The local authority on the one hand, and the promoters on the other hand, may from time to time enter into and carry into effect, and from time to time alter renew or vary, contracts agreements or arrangements with respect to the paving and keeping in repair of the whole or any portion of the roadway of any road on which the promoters shall lay any tramway, and the proportion to be paid by either of them of the expense of such paving and keeping in repair.

For the purpose of making forming laying down maintaining repairing or renewing any of their tramways, the promoters may from time to time, where and as far as it is necessary or may appear expedient, for the purpose of preventing frequent interruption of the traffic by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of gas or water, or any wires or apparatus for telegraphic or other purposes, subject to the provisions of this Act, and also subject to the following restrictions (that is to say):—

Before laying down a tramway in a road in which any mains or pipes wires or apparatus may be laid, the promoters shall, whether they contemplate altering the position of any such mains or pipes wires or apparatus or not, give seven days’ notice to the company persons or person or authority to whom such mains or pipes wires or apparatus may belong or by whom they are controlled, of their intention to lay down or alter the tramway, and shall at the same time deliver a plan and section of the proposed work. If it should appear to any such company person or authority that the construction of the tramway as proposed would endanger any such main or pipe wire or apparatus, or interfere with or impede the supply of water or gas or the telegraphic or other communication, such company person or authority (as the case may be) may give notice to the promoters to lower or otherwise alter the position of the said mains or pipes wires or apparatus in such manner as may be considered necessary, and any difference as to the necessity of any such lowering or alteration shall be settled in manner provided by this Act for the settlement of differences between the promoters and other companies or persons, and all alterations to be made under this section shall be made with as little detriment and inconvenience to the company person or authority to whom such mains or pipes wires or apparatus may belong, or by whom the same are controlled, or to the inhabitants of the district, as the circumstances will admit, and under the superintendence of such company person or authority or of their surveyor or engineer, if they or be think fit to attend after receiving not less than forty-eight hours’ notice for that purpose, which notice the promoters are hereby required to give.

The promoters shall not remove or displace any of the mains or pipes valves syphons plugs wires or apparatus or other works belonging to or controlled by any such company person or authority, or do anything to impede the passage of water or gas or the telegraphic or other communication into or through such mains or pipes, without the consent of such company person or authority, or in any other manner than such company person or authority shall approve, until good and sufficient mains pipes valves syphons plugs and other works necessary or proper for continuing the supply of water or gas or telegraphic or other communication as sufficiently as the same was supplied by the mains or pipes wires or apparatus proposed to be removed or displaced shall, at the expense of the promoters have been first made and laid down in lieu thereof, and ready for use, and to the satisfaction of the surveyor or engineer of such water or gas or other company person or authority, or, in case of disagreement between such surveyor or engineer and the promoters, as an engineer appointed by the Superintendent shall direct.

The promoters shall not lay down any such pipes contrary to the regulations of any Act relating to such water or gas or other company or relating to telegraphs.

The promoters shall make good all damage done by them to property belonging to or controlled by any such company person or authority, and shall make full compensation to all parties for any loss or damage which they may sustain by reason of any interference with such property, or with the private service pipes of any person supplied by any such company person or authority with water or gas.

If by any such operations as aforesaid the promoters interrupt the supply of water or gas in or through any main or main pipe, they shall be liable to a penalty not exceeding twenty pounds for every day upon which such supply shall be so interrupted.

Where in any district any tramway or any work connected therewith interferes with any sewer drain watercourse subway defence or work in such district, or in any way affects the sewerage or drainage of such district, the promoters shall not commence any tramway or work until they shall have given to the proper authority fourteen days’ previous notice in writing of their intention to commence the same, by leaving such notice at the principal office of such authority, with all necessary particulars relating thereto, nor until such authority shall have signified their approval of the same, unless such authority do not signify their approval disapproval or other directions within fourteen days after service of the said notice and particulars as aforesaid; and the promoters shall comply with and conform to all reasonable directions and regulations of the said authority in the execution of the said works, and shall provide by new altered or substituted works, in such manner as such authority shall reasonably require, for the proper protection of and for preventing injury or impediment to the sewers and works hereinbefore referred to by or by reason of the tramways, and shall save harmless the said authority against all and every the expense to be occasioned thereby; and all such works shall be done under the direction superintendence and control of the engineer or other officer or officers of the said authority, at the reasonable costs charges and expenses in all respects of the promoters; and when any new altered or substituted work as aforesaid, or any works or defence connected therewith, shall be completed by or at the costs charges or expenses of the promoters, under the provisions of this Act, the same shall thereafter be as fully and completely under the direction jurisdiction and control of the said authority, and be maintained by them, as any sewers or works.

Nothing in this Act shall take away or abridge any power to open or break up any road along or across which any tramway is laid, or any other power vested in any local authority or other authority for any of the purposes for which such authority is respectively constituted, or in any company body or person for the purpose of laying down repairing altering or removing any pipe for the supply of gas or water, or any tubes wires or apparatus for telegraphic or other purposes; but in the exercise of such power every such local or other authority company body or person shall be subject to the following restrictions, that is to say—

They shall cause as little detriment or inconvenience to the promoters and lessees as circumstances admit.

Before they commence any work whereby the traffic on the tramway will be interrupted, they shall (except in cases of urgency, in which cases no notice shall be necessary) give to the promoters and lessees, if there be any, notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given eighteen hours at least before the commencement of the work.

They shall not be liable to pay to the promoters or lessees any compensation for injury done to the tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid.

Whenever, for the purpose of enabling them to execute such work, the local authority shall so require, the promoters or lessees shall either stop traffic on the tramway to which the notice shall refer where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during the execution of the work there: Provided that such work shall always be completed by the local authority with all reasonable expedition.

Any company body person or authority shall not execute such work so far as it immediately affects the tramway except under the superintendence of the promoters, unless they refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work, or discontinue the same during the progress of the work; and they shall execute such work at their own expense and to the reasonable satisfaction of the promoters: Provided that any additional expense imposed upon them by reason of the existence of the tramway in any road or place where any such mains pipes tubes wires or apparatus shall have been laid before the construction of such tramway, shall be borne by the promoters.

If any difference arises between the promoters or lessees on the one hand, and any local authority or any gas or water company, or any company body person or authority to whom any sewer drain wires or apparatus for telegraphic or other purposes may belong, or any other company or authority, on the other hand, with respect to any interference or control exercised or claimed to be exercised by them or him or on their or his behalf, or by the promoters or lessees, by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceeding of the local authority or other authority body company or person, or with respect to the propriety of or the mode of execution of any work relating to any tramway, or with respect to the amount of any compensation to be made by or to the promoters or lessees, or on the question whether any work is such as ought reasonably to satisfy the local authority or other authority or body company or person concerned, or with respect to any other subject or thing regulated by or comprised in this Act, the matter in difference shall (unless otherwise specially provided by this Act) be settled by an engineer or other fit person nominated as referee by the Superintendent on the application of either party, and the expenses ofthe reference shall be borne and paid as the referee directs.

The promoters of tramways authorized by order, and their lessees, may use on their tramways carriages with flange wheels or wheels suitable only to run on the rail prescribed by such order; and, subject to the provisions of such order and of this Act, the promoters and their lessees shall have the exclusive use of their tramways for carriages with flange wheels or other wheels suitable only to run on the prescribed rail.

All carriages used on any tramway shall be moved by the power prescribed by the order, and, where no such power is prescribed, by animal power only.

No carriage used on any tramway which is hereafter authorized by order shall extend beyond the outer edge of the wheels of such carriage more than eleven inches on each side.

The order authorizing the construction of a tramway may make provision for securing to the public the full benefit of such tramway, and to that end may prescribe what provisions shall from time to time be made by the promoters for the carriage of goods and passengers thereon, and for the use thereof, and for traffic thereon, and may prescribe what consequences, whether of forfeiture cesser or determination of powers or otherwise, shall follow any breach by the promoters of the requirements of such order, and such order may prescribe that the Superintendent shall be the sole judge of the fact whether such requirements have been complied with, and the Superintendent in such case may inquire into the matter in such way as he thinks fit, and his decision shall be final.

The Superintendent may, by the order authorizing the construction of a tramway, make the provisions contained in the sections numbered from thirty-six to forty-one, both inclusive, apply to any tramway.

If at any time after any tramway or part of any tramway to which the said provision shall have been applied shall have been for three years opened for public traffic in any district, it shall be represented in writing to the Superintendent, by the local authority of such district or by twenty inhabitant ratepayers of such district, that the public are deprived of the full benefit of the tramway, the Governor in Council, on the recommendation of the Superintendent, may (if he consider that primâ facie the case is one for inquiry) direct an inquiry by a referee under this Act into the truth of the representation; and if the referee report that the truth of the representation has been proved to his satisfaction, the Governor in Council, on the recommendation of the Superintendent, may from time to time grant licenses to any company or person to use such tramway, in addition to the promoters or their lessees, for such traffic as is authorized by the order, with carriages to be approved by the Superintendent, subject to the following provisions conditions and restrictions, that is to say:—

The license shall be for any period not less than one year nor more than three years from the date of the license, hut may be renewable by the Governor in Council, on the recommendation of the Superintendent.

The license shall be to use the whole of such tramway for the time being opened for public traffic, or such part or parts of such tramway as the Governor in Council on the recommendation of the Superintendent, having reference to the cause for granting the license, shall think right.

The license shall direct the number of carriages which the licensee or licensees shall run upon such tramway, and the mode in which and times at which such carriages shall be run.

The licenses shall specify the tolls to be paid to the promoters, or to their lessees, by the licensee or licensees, for the use of the tramways.

The licensee or licensees, and their officers and servants, shall permit one person, duly authorized for that purpose by the promoters or by their lessees, to ride free of charge in or upon each carriage of the licensee or licensees run upon the tramways for the whole or any part of the journey.

The Governor in Council, on the recommendation of the Superintendent, may at any time after the granting of any license revoke alter or modify the same for good cause shown to him.

If, on demand, any licensee fail to pay the tolls due in respect of any passengers carried in any carriage, it shall be lawful for the promoters or their lessees to whom the same are payable to detain and sell such carriage, or, if the same shall have been removed from the tramway or premises of such promoters or lessees, to detain and sell any other carriages on such tramway or premises belonging to such licensee, and out of the moneys arising from such sale to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus (if any) of such moneys and such of the carriages as shall remain unsold to the person entitled thereto.

Every licensee shall on demand give to an officer or servant authorized in that behalf by the promoters or their lessees entitled to be paid tolls by such licensee, an exact account in writing, signed by such licensee, of the number of passengers conveyed by any and every carriage used by him on the tramways.

If any such licensee fails to give such account to such officer or servant demanding the same as aforesaid, or if any such licensee, with intent to avoid the payment of any tolls, gives a false account, he shall for every such offence forfeit to the promoters, or to their lessees entitled to be paid tolls by such licensee, a sum not exceeding five pounds, and such penalty shall be in addition to any tolls payable in respect of the passengers carried by any such carriage.

If any dispute arise concerning the amount of the tolls due to the promoters or to their lessees from any licensee, or concerning the charges occasioned by any detention or sale of any carriage, under the provisions herein contained, the same shall be settled by any two or more Justices of the Peace; and it shall be lawful for the promoters or their lessees in the meanwhile to detain the carriage or (if the case so require) the proceeds of the sale thereof.

Every licensee shall be answerable for any trespass or damage done by his carriages or horses, or by any of the servants or persons employed by him, to or upon the tramway or to or upon the property of any other person; and without prejudice to the right of action against the licensee or any other person, every such servant or other person may lawfully be convicted of such trespass or damage before any two or more Justices, either by the confession of the party offending or by the oath of some credible witness; and upon such conviction every such licensee shall pay to the promoters lessees or persons injured, as the case may be, the damage, to be ascertained by such Justices, so that the same do not exceed fifty pounds.

If at any time after the opening of any tramway in any district for traffic the promoters discontinue the working of such tramway or of any part thereof for the space of three calendar months (such discontinuance not being occasioned by circumstances beyond the control of such promoters, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control), and such discontinuance is proved to the satisfaction of the Superintendent, the Superintendent, if he think fit, may by order declare that the powers of the promoters in respect of such tramway, or the part thereof so discontinued, shall from the date of such order be at an end, and thereupon the said powers of the promoters shall cease and determine unless the same are purchased by the local authority, in manner by this Act provided. Where any such order has been made, the local authority of such district may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Superintendent, remove the tramway or part of the tramway so discontinued, and the promoters shall pay to the local authority the cost of such removal and of the making good of the road by the local authority, such cost to be certified by the clerk for the time being or by some other authorized officer of the local authority, whose certificate shall be final and conclusive; and if the promoters fail to pay the amount so certified within one calendar month after delivery to them of such certificate, or a copy thereof, the local authority may, without any previous notice to the promoters (but without prejudice to any other remedy which they may have for the recovery of the amount), sell and dispose of the materials of the tramway or part of tramway removed, either by public auction or private sale, and for such sum or sums and to such person or persons as the local authority may think fit, and may out of the proceeds of such sale pay and reimburse themselves the amount of the cost certified as aforesaid, and of the cost of sale, and the balance (if any) of the proceeds of the sale shall be paid over by the local authority to the promoters.

If at any time after the opening of any tramway in any district for traffic it appears to the local authority of such district that the promoters of such tramway are insolvent, so that they are unable to maintain such tramway, or work the same with advantage to the public, and such local authority makes a representation to that effect to the Superintendent, the Superintendent may direct an inquiry, by a referee, into the truth of the representation, and if the referee shall find that the promoters are so insolvent as aforesaid, the Superintendent may, by order, declare that the powers of the promoters shall at the expiration of six calendar months from the making of the order be at an end, and the powers of the promoters shall cease and determine at the expiration of the said period unless the same are purchased by the local authority in manner by this Act provided; and thereupon such local authority may remove the tramway in like manner and subject to the same provisions as to the payment of the costs of such removal, and to the same remedy for recovery of such costs, in every respect, as in cases of removal under the next preceding section.

Where the promoters of a tramway in any district are not the local authority, the local authority, if by resolution passed at a special meeting of the members constituting such local authority they so decide, may, unless otherwise provided in this order, within six months after the expiration of a period of twenty-one years from the time when such promoters were empowered to construct such tramway, and within six months after the expiration of every subsequent period of seven years, or within three months after any order made by the Superintendent under either of the two next preceding sections, with the approval of the Superintendent, by notice in writing, require such promoters to sell; and thereupon such promoters shall sell to them their undertaking, or so much of the same as is within such district, upon terms of paying for the tramway and all lands buildings works materials and plant of the promoters suitable to and used by them for the purposes of their undertaking within such district, and the terms of such purchase shall be such as shall be contained in the agreement with the local authority, or, if there be no such agreement or such agreement contain no such terms, then the terms shall be the payment of the value thereof, such value to be, in case of difference, determined by an Engineer or other fit person nominated as referee by the Superintendent on the application of either party, and the expenses of the reference to be borne and paid as the referee directs. And when any such sale has been made, all the rights powers and authorities of such promoters in respect to the undertaking sold, or, where any order has been made by the Superintendent under either of the next preceding sections, all the rights powers and authorities of such promoters previous to the making of such order in respect to the undertaking sold, shall be transferred to, vested in, and may be exercised by the authority to whom the same has been sold, in like manner as if such tramway was constructed by such authority under the powers conferred upon them by an order under this Act, and in reference to the same they shall be deemed to be the promoters.

No such resolution shall be valid unless a month’s previous notice of the meeting and of the purpose thereof has been given in manner in which notices of meetings of such local authority are usually given, nor unless two-thirds of the members constituting such local authority are present and vote at the meeting, and a majority of those present and voting concur in the resolution; and it shall be lawful for the chairman of any such meeting, with the consent of a majority of the members present, to adjourn the same from time to time.

The local authority in any district may pay the purchase money, and all expenses incurred by them in the purchase of any undertaking, under the authority of this section, out of the like rate, and shall have the like powers to borrow on the security of the same, as if such expenses were incurred in applying for obtaining and carrying into effect any order obtained by them under this Act.

Where the local rate is limited by law to a certain amount, and is by reason of such limitation insufficient for the payment of such purchase money and expenses, the limit of such local rate may, for the purposes of payment of such purchase money and expenses, be extended by a resolution, adopted first by the local authority and afterwards by the ratepayers, in manner hereafter provided, and the extension shall be to such amount as shall be specified in such resolution.

Subject and according to the preceding provisions of this section, two or more local authorities may jointly purchase any undertaking, or so much of the same as is within their districts.

The promoters of any tramway may before or after the construction thereof, but if it be so provided in the order, with the consent of the local authority, sell their undertaking to any person persons corporation or company or to the local authority of such district; and when any such sale has been made, all the rights powers authorities obligations and liabilities of such promoters in respect to the undertaking sold shall be transferred to vested in and may be exercised by and shall attach to the person persons corporation company or local authority to whom the same has been sold, in like manner as if such person persons corporation company or local authority so purchasing had been authorized by order to construct such tramway, and in reference to the same they shall be deemed to be the promoters:

Provided always that a local authority shall not purchase any undertaking under the provisions of this section unless they shall decide to make such purchase by resolution passed at a special meeting of the members constituting such local authority, which resolution shall be made in the same manner and shall be subject to the same conditions as to validity as resolutions made in regard to the purchases by the next preceding section authorized.

Where any purchase is made by any local authority under the provisions of this section, such local authority may pay the purchase money, and all expenses incurred by them in making such purchase, out of the like funds, and for such purposes shall have all and the like powers and be subject to all the like conditions as if such purchase were made under the authority of the next preceding section.

The promoters or lessees of a tramway authorized by order may demand and take, in respect of such tramway, tolls and charges not exceeding the sums specified in such order, subject and according to the regulations therein specified. A list of all the tolls and charges authorized to be taken shall be exhibited in a conspicuous place inside and outside each of the carriages used upon the tramways.

Subject to the provisions of the order authorizing any tramway and this Act,

The local authority of any district in which the same is laid down may from time to time make regulations as to the following matters:—

The promoters of any tramway and their lessees may from time to time make regulations—

And for better enforcing the observance of all or any of such regulations, it shall be lawful for such local authority and promoters respectively to make by-laws for all or any of the aforesaid purposes, and from time to time repeal or alter such by-laws and make new by-laws, provided that such by-laws be not repugnant to the laws in force in that part of New Zealand where the same are to have effect.

Notice of the making of any by-law under the provisions of this Act shall be published by the local authority, or the promoters making the same, by advertisement, according to the regulations contained in Part II. of the Fourth Schedule to this Act annexed; and unless such notice is published in manner aforesaid, such by-law shall be disallowed by the Superintendent.

No such by-law shall have any force or effect which shall be disallowed by the Superintendent within two calendar months after a true copy of such by-law shall have been laid before the Superintendent; and a true copy of every such proposed by-law shall, not less than two calendar months before such by-law shall come into operation, be sent to the Superintendent, and shall be delivered to the promoters of such tramway if the same was made by the local authority, and to such local authority if made by the promoters.

Any such by-law may impose reasonable penalties for offences against the same not exceeding forty shillings for each offence, with or without further penalties for continuing offences, not exceeding for any continuing offence ten shillings for every day during which the offence continues; but all by-laws shall be so framed as to allow, in every case, part only of the maximum penalty being ordered to be paid.

The local authority shall have the like power of making and enforcing rules and regulations, and of granting licenses with respect to all carriages using the tramways, and to all drivers conductors and other persons having charge of or using the same, and to the standings for the same, as they are for the time being entitled to make enforce and grant with respect to hackney carriages and the drivers and other persons having the charge thereof, and to the standings for the same in the streets and district of or under the control of the local authority: Provided always that in any district in which any of the powers aforesaid in relation to hackney carriages and the matters aforesaid in connection therewith are vested in any authority other than the local authority of such district, such authority shall have and may exercise the powers by this section conferred upon the local authority:

Provided also that, with regard to any fees payable for or in respect of such licenses, the agreement between the local authority and the promoters, not being a local authority, may provide for the payment of a commuted sum by the promoters to the local authority in lieu of such fees, and in that case all such license fees shall, in accordance with such agreement, be payable to the promoters.

If any person wilfully obstructs any person acting under the authority of any promoters in the lawful exercise of their powers in setting out or making forming laying down repairing or renewing a tramway, or defaces or destroys any mark made for the purposes of setting out the line of the tramway, or damages or destroys any property of any promoters lessees or licensees, he shall for every such offence be liable to a penalty not exceeding five pounds.

If any person without lawful excuse (the proof whereof shall lie on him) wilfully does any of the following things, namely:—

Or knowingly aids or assists in the doing of any such thing; he shall for every such offence be liable (in addition to any proceedings by way of indictment or otherwise to which he may be subject) to a penalty not exceeding five pounds.

If any person travelling or having travelled in any carriage on any tramway avoids or attempts to avoid payment of his fare, or if any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such carriage beyond such distance and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof, or if any person knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall, for every such offence, be liable to a penalty not exceeding forty shillings.

It shall be lawful for any officer or servant of the promoters or lessees of any tramway, and all persons called by him to his assistance, to seize and detain any person discovered either in or after committing or attempting to commit any such offence as in the next preceding section is mentioned, and whose name or residence is unknown to such officer or servant, until such person can be conveniently taken before a Justice, or until be be otherwise discharged by due course of law.

No person shall be entitled to carry or to require to be carried on any tramway any goods which may be of a dangerous nature; and if any person send by any tramway any such goods without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the book-keeper or other servant with whom the same are left at the time of such sending, he shall be liable to a penalty not exceeding twenty pounds for every such offence; and it shall be lawful for such promoters or lessees to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.

If any person (except under a lease from or by agreement with the promoters, or under license as by this Act provided) uses a tramway or any part thereof with carriages having flange wheels or other wheels suitable only to run on the rail of such tramway, such person shall for every such offence be liable to a penalty not exceeding twenty pounds.

No local authority, as defined in the First Schedule hereto, shall be authorized under this Act to expend any part of any local rate in or about applying for an order for the construction, or in or about the construction of any tramway or the purchase of any tramway, or to borrow any money for such purposes on the security of any local rate, nor where the local rate is limited by law to a certain amount shall the limit of such rate be extended, nor shall a special rate be levied, under the provisions hereinbefore contained, until in each such case as aforesaid a resolution has been adopted by the ratepayers approving of such expenditure borrowing or extension or levying of rate, as the case may be.

Such resolutions may be in such one of the following forms as is appropriate to the case:—

The Ratepayers of [Naming the District] hereby approve of the construction of a tramway [or the purchase of the tramway] from   to  , and the expenditure for such purpose of a sum from the local rate not exceeding   pounds (Naming the sum), [or the borrowing of a sum not exceeding (Naming the sum) under “The Tramways Act, 1872”], [or the extension under “The Tramways Act, 1872,” of the local rate to [Naming the sum)), [or, the levying of a special rate under “The Tramways Act, 1872,” of [Naming the sum)].

After the local authority shall itself have approved of such resolution in the manner provided by the Second Schedule to this Act for approving of applications by local authorities, and have in like manner resolved to submit the same for adoption by the ratepayers, the local authority shall give not less than six weeks’ notice that a poll will be taken of the ratepayers of the district on the question of adopting or not adopting such resolution, and in such notice shall be stated the day on which such polling will commence, and the place at which it is to be held.

Such notice shall be published in some newspaper having general circulation in such district, at least once a week in the six consecutive weeks before the day fixed for the poll, and printed copies shall be posted in the district, so as to make the same public.

The local authority shall from time to time appoint a person for the purpose of presiding at and taking any such poll, and may remove any such person and appoint another in his place.

The persons entitled to vote at any such poll shall be the persons whose names appear on the rate book of the local rate for the time being in force as rated thereto.

When the names of both the owner and occupier of any property are entered on such rate book as rated, then both owner and occupier shall be entitled to vote at the taking of such poll.

No person shall be entitled to vote at any such poll unless the local rates in the district payable by him and in arrear for more than three months have been first paid.

Each person rated shall be entitled to give at such poll a number of votes in proportion to the amount at which such person is rated for the year in which the poll is taken in respect of all the properties in such district upon which such person is rated to the local rate for the time being in force, whether the rate for the year shall be payable in instalments or otherwise, and whether such rate or instalments shall at the time of the taking of the poll have become due or not, that is to say—

And no individual shall have more than ten votes.

If the rate in force at the time when the poll is to be taken is not an annual rate but a half-yearly rate, then the amount which the ratepayer is rated at shall, for the purpose of fixing the number of votes be is entitled to give, be computed at double the amount at which he is actually rated; and if such rate be a quarterly rate, then for the purpose aforesaid such amount shall be computed at four times the amount at which he is actually rated; and if such rate be struck for any greater or less a period than aforesaid, the amount shall, for the purpose aforesaid, be computed proportionately.

If several persons are rated as joint occupiers or joint owners, one person only of such persons shall vote in respect of such rate unless such joint occupiers or joint owners have been rated to an amount exceeding seventy pounds, and in that case one other person jointly rated as aforesaid may vote for each additional seventy pounds, or for any fractional part of seventy pounds, on the same scale as is allowed for the first seventy pounds or fractional parts thereof.

Such persons jointly rated may vote in the order in which they tender their votes until votes shall have been taken for the whole amount rated, or all the persons so jointly rated have voted.

The local authority may from time to time appoint within or within one mile of the limits of the district, polling places for its district for the purposes of such poll, and may appoint any one of such places to be the principal polling place, and all or any of such polling places from time to time may abolish, and appoint others in lieu of those abolished.

In the notice appointing the time for the taking of such poll, the names and situations of the various polling places shall be specified.

The local authority shall make proper provision at each polling place for the convenient taking of such poll.

The Presiding Officer so appointed as aforesaid shall preside at the taking of the poll at the principal polling place, and shall appoint in writing, on the occasion of taking such poll, a Deputy to act for him and take the poll at each of the polling places.

The Presiding Officer shall cause a sufficient number of voting papers to be printed in the form in the Sixth Schedule to this Act, before the day fixed for the commencement of the polling.

The Presiding Officer shall deliver to each of the Deputies, for use at each polling place, a copy of the rate book in force in the district, certified by the local authority or its clerk, and a sufficient number of such voting papers as aforesaid, and a poll book.

The local authority may, if it thinks it necessary for enabling the poll to be more conveniently taken, cause an alphabetical list to be made of the names of the persons entitled to vote, and the number of votes each such person is entitled to give.

Every polling shall be kept open for two successive days, the first day being the day fixed as aforesaid; and such polling shall on each day commence at nine o’clock in the forenoon, and close at six o’clock in the afternoon, and shall be conducted as hereinafter provided.

To every person entitled to vote who shall demand it, and describe the qualification in respect of which he claims to vote, the Presiding Officer or his Deputy shall deliver a voting paper.

At the taking of such poll as aforesaid each voter shall vote by giving to the Presiding Officer or his Deputy a voting paper signed by the voter with his full name and address, and with his initials written by him under the heading “In favour,” or “Against,” according as he votes for or against the resolution; and there shall also be stated, under the heading “Number of Votes,” the number of votes the voter is entitled to give and gives for or against the adoption of such resolution. If any voter cannot write, such voting paper may at his request be filled up and signed for him by the Presiding Officer or his Deputy, in the presence of and attested by a witness.

The Presiding Officer or his Deputy shall thereupon openly record such vote or votes in the poll book provided for the purpose, and the voting paper shall be carefully preserved amongst the records of the local authority, and be open to public inspection at all reasonable times for six months afterwards.

Any person tendering a voting paper may be asked by the Presiding Officer or his Deputy, either on the application of any two ratepayers present at the poll or without such application, the questions following, or any of them, and no other:—

Are you the person whose name is signed to the voting paper now produced?

Are you the person appearing in the rate book now in force for this district as the occupier of [Here describe the property in respect of which the voter claims to vote)? Or, Are you the person appearing in the rate book now in force for this district as the owner of [Here describe the property in respect of which the voter claims to vote)?

Have you already voted at this or at any other polling place during this poll?

And no person required to answer any of the said questions shall be entitled or permitted to vote unless he shall answer the first two questions which may be put to him in the affirmative, and the last question in the negative.

Every person who shall wilfully make a false answer to any one of the questions aforesaid, or who shall poll more than once or offer to poll more than once at the same polling, or who shall personate any other person for the purpose of polling, or who shall fabricate alter destroy deface abstract or purloin any voting paper, shall, on conviction before any two or more Justices for any such offence, be imprisoned for any period not exceeding six months, with or without hard labour, but this provision as to voting more than once shall not apply to any person by reason only of his exercising the right of voting as often as he appears by the roll book to be and is entitled so to do.

Immediately upon the close of the poll, every Deputy Presiding Officer at each polling place shall forward the voting papers, together with the poll book, to the Presiding Officer, and after the close of the poll, and the receipt of the poll books and voting papers, the Presiding Officer shall examine the poll books, and, if necessary, compare the entries therein with the voting papers, for the purpose of ascertaining the number of votes given for or against the resolution, and the resolution for which the largest number of votes shall be recorded shall be carried; and in case of an equality of votes for and against the adoption of any resolution, the Presiding Officer shall decide by lot whether the adoption of such resolution shall be carried or negatived; and the Presiding Officer shall, as soon as conveniently may be on or after the closing of the poll, publicly declare whether or not such resolution is carried, and the number of votes given for and the number given against such adoption.

After the declaration of the poll the Presiding Officer shall deliver the poll books and voting papers to the local authority, to be kept as aforesaid.

The necessary expenses of taking any such poll shall be paid by the local authority out of the local rate.

It shall be lawful for any six or more voters, who dispute the validity of the vote for the adoption of any such resolution as aforesaid, to appeal within thirty days after the declaration of the poll to a Judge of the Supreme Court assigned to the Judicial District within which the district in which such vote has been taken is.

Such appeal shall be by way of written petition, in which shall be set forth the grounds upon which the validity of the vote is disputed.

On such appeal the Judge may direct an inquiry to be held into the circumstances of the case; such inquiry shall be held by any Judge of a District Court or Resident Magistrate whom such Supreme Court Judge shall appoint for the purpose.

Subject to any direction which may be given by the Judge of the Supreme Court, the inquiry shall be held and conducted in such manner and at such time as the person directed to make the inquiry shall think fit.

On the completion of the inquiry, the person who shall have made the same shall make a report to the Judge of the Supreme Court in writing; and such last-named Judge shall then decide as to the validity or invalidity of the vote, and his decision shall be conclusive and without appeal.

No such inquiry as aforesaid shall be directed unless and until the petitioners have deposited with the Registrar of the Supreme Court the sum of twenty pounds to cover the actual expenses of the person making such inquiry.

If the vote shall be declared valid, such expenses shall be deducted out of such deposit, and the balance (if any) repaid to the petitioner; but if the vote is declared invalid, such deposit shall be returned to the petitioner, and the expenses (not exceeding twenty pounds) shall be paid by the local authority to the Colonial Treasurer, unless the Court shall think and so declare that the costs ought to be paid out of the Consolidated Fund, and in such case the expenses shall be paid out of the said fund.

Except by way of appeal as aforesaid, no objection shall be made at any trial, or in any legal proceedings or otherwise, to the validity of any such vote as aforesaid.

The Superintendent of the Province within which any part of the Colony not for the time being included within any district as defined in the First Schedule to this Act is situate may constitute such part a district for the purposes of this Act, and define the boundaries thereof, and such district so defined shall be deemed a district within the meaning and for the purposes of this Act, and the Superintendent of such Province shall be deemed the “local authority” of such district for the purposes of this Act, unless, under the provisions of an Act or Ordinance of such Province, Commissioners or some other persons or body be appointed to be the local authority for the purposes of this Act of such district, for which appointment it shall be lawful for the Legislature of such Province to make provision. The term “local rate,” with reference to any district constituted under this section, shall mean any fund provided for the purpose by the Legislature of the Province in which such district is, and shall include any rate leviable in such district under an Act or Ordinance of such Province passed for the purpose, and whether leviable by the Superintendent or any such Commissioners or other body as aforesaid:

Provided that no rate levied or leviable within any district constituted under this section shall be applicable to the purposes of the construction or purchase of any tramway, nor shall any moneys be borrowed for such purposes on the security of any such rate without the previous sanction of a resolution of the ratepayers adopted in the manner herein provided with regard to such districts as are defined in the First Schedule to this Act; and the provisions herein contained, in sections numbered from fifty-six to eighty-nine, both inclusive, shall be applicable to any district constituted under this section, and the local authority thereof and the ratepayers therein, and the voting upon resolutions, and the appeal as to the validity thereof, and generally as in the case of districts defined in the said First Schedule.

Where it is proposed to lay down a tramway in two or more districts, then, notwithstanding that under the provisions of the preceding section the Superintendent of a Province be the local authority of any of such districts, the Governor in Council, on the recommendation of such Superintendent, may, in the case of the dissent of any other local authority, make the order provided for by the sixth section of this Act.

And wherever in this Act any power duty or authority is given to the Superintendent of a Province, such power duty or authority may be exercised by him notwithstanding that he may be the local authority of the district or of any one or more of the districts, or the promoter of the tramway, with reference to which such power duty or authority is to be exercised.

Any local authority, as defined in the First Schedule to this Act, may from time to time delegate to the Superintendent of the Province within which such local authority has jurisdiction, any of the powers duties or authorities conferred on such local authority under this Act, and may from time to time revoke any such delegation.

In order to encourage the construction of tramways in any Province, grants of Waste Lands of the Crown may be made to the promoters of any tramways, but such grants shall only be made in cases where the Legislature of the Province in which the tramway is proposed to be or has been made shall have by Act or Ordinance specified the land to be granted, and the person to whom the same is to be granted, and the conditions to be performed by such person. Every such Act or Ordinance shall be reserved for the assent of the Governor; and if the promoters are a local authority as defined in the First Schedule to this Act, the land shall be dealt with by such local authority in such manner as shall be provided by an Act or Ordinance of the Province in which the local authority has jurisdiction.

Nothing in this Act contained shall be deemed to authorize any Superintendent to contract any loan except on the security only of a local rate; and every mortgage or other security made by any Superintendent shall be void, unless it be expressly stated on the face thereof that it is not charged upon the revenues of the Colony or Province, and that neither the Colony nor Province is liable for the repayment thereof.

The promoters or lessees as the case may be, shall be answerable for all accident damages and injuries happening through their act or default, or through the act or default of any person in their employment, by reason or in consequence of any of their works or carriages, and shall save harmless all authorities companies or bodies collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents damages and injuries.

All tolls penalties and charges under this Act, or under any by-law made in pursuance of this Act, may be recovered and enforced before two or more Justices of the Peace, in manner directed by “The Justice of the Peace Act, 1866,” with respect to summary convictions and orders, and any Act amending the same or passed for like purpose.

Notwithstanding anything in this Act contained, the promoters of any tramway shall not acquire or be deemed to acquire any right other than that of user of any road along or across which they lay any tramway, nor shall anything contained in this Act exempt the promoters of any tramway laid along any turnpike road, or any other person using such tramway, from the payment of such tolls as may be levied in respect of the use of such road by the trustees thereof.

Nothing in this Act shall limit or interfere with the rights of any owner lessee or occupier of any mines or minerals lying under or adjacent to any road along or across which any tramway shall be laid to work such mines and minerals; nor shall any such owner lessee or occupier be liable to make good or pay compensation for any damage which may be occasioned to such tramway by the working, in the usual and ordinary course, of their mines or minerals.

Nothing in this Act shall take away or affect any power which any local authority or other authority, or the owners commissioners undertakers or lessees of any railway or tramway, may have by law to widen alter divert or improve any road railway or tramway.

Nothing in this Act shall limit the powers of the local authority or police in any district to regulate the passage of any traffic along or across any road along or across which any tramways are laid down; and such authority or police may exercise their authority as well on as off the tramway, and with respect as well to the traffic of the promoters or of lessees as to the traffic of other persons.

Nothing in this Act, or in any by-law made under this Act, shall take away or abridge the right of the public to pass along or across every or any part of any road along or across which any tramway is laid, whether on or off the tramway, with carriages not having flange wheels or wheels suitable only to run on the rail of the tramway.

Every inquiry, except under the thirty-fourth section of this Act, which by this Act the Superintendent is empowered to make or direct, and any inquiry under the said thirty-fourth section of this Act, if in the order it is provided that the inquiry shall be made as provided by this section of this Act, shall be made in accordance with the following provisions:—

The inquiry shall be held in public, before an officer to be appointed in that behalf by the Superintendent, hereinafter called the referee, and whose appointment shall be by writing, which shall specify all the matters referred to him.

Ten days’ notice at the least shall be given by the referee to the parties, upon whose representation the Superintendent shall have directed the inquiry, of the time and place at which the inquiry is to be commenced.

The inquiry shall be commenced at the time and place so appointed, and the referee may adjourn the inquiry from time to time as may be necessary, to such time and place as he may think fit.

The referee, by summons, shall, on the application of any party interested in the inquiry, require the attendance before himself, at a place and time to be mentioned in the summons, of any person to be examined as a witness before him; and every person summoned shall attend the referee, and answer all questions touching the matter to be inquired into, and any person who wilfully disobeys any such summons, or refuses to answer any question put to him by such referee for the purposes of the said inquiry, shall be liable to a penalty not exceeding five pounds: Provided always that no person shall be required to attend in obedience to any such summons unless the reasonable charges of his attendance shall have been paid or tendered to him, and no person shall be required in any case, in obedience to any such summons, to travel more than ten miles from his place of abode.

The referee may and shall administer an oath, or an affirmation where an affirmation in lieu of an oath would be admitted in a Court of justice, to any person tendered or summoned as a witness on the inquiry.

Any person who, upon oath or affirmation, wilfully gives false evidence before the referee, shall be deemed guilty of perjury.

The referee shall make his report to the Superintendent in writing, and shall deliver copies of the report, upon request, to all or any of the parties to the inquiry.

The Governor in Council may, as to all matters and things under this Act, from time to time make, and when made may rescind annul or add to, rules with respect to the following matters:—

The proceedings to be had before the Superintendent under this Act.

The plans and sections of any works to be deposited by promoters under this Act.

As to any other matter or thing in respect of which it may be expedient to make rules for the purpose of carrying this Act into execution.

Any rules made in pursuance of this section shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if enacted in this Act, and shall be judicially noticed.