Page:Public General Statutes 1896.djvu/439

This page has been proofread, but needs to be validated.
1896
Light Railways Act, 1896
Ch.48.
419
(f) the representation on the managing body of the railway of any council who advance, or agree to advance, any money for the purpose of the railway; and
(g) authorising a council to advance or borrow money for the purposes of the railway and limiting the amount to be so advanced or borrowed, and regulating the terms on which any money is to be so advanced or borrowed; and
(h) the manner in which the profits are to be divided, where an advance is made by a council to a light railway company as part of the share capital of the company; and
(i) the proper audit of the accounts of the managing body of the railway where the managing body is not a local authority and the time within which the railway must be constrnucted; and
(j) fixing the maximum rates and charges for traffic; and
(k) in the case of a new company, requiring the company to make a deposit, and providing for the time of making and the application of the deposit; and
(l) empowering any local authority to acquire the railway; and
(m) any other matters, whether similar to the above or not, which may be considered ancillary to the objects of the order or expedient for carrying those objects into effect

Application of general Railway Acts 12 .—(1.) The Clauses Acts, as defined by this Act, and the enactments mentioned in the Second Schedule to this Act, shall not apply to a light railway authorised under this Act except so far as they are incorporated or applied by the order authorising the railway.

(2.) Subject to the foregoing provisions of this Act and to any special provisions contained in the order authorising the railway, the general enactments relating to railways shall apply to a light railway under this Act in like manner as they apply to any other railway; and for the purposes of those enactments, and of the Clauses Acts so far as they are incorporated or applied by the order authorising the railway, the light railway company shall be deemed a railway company, and the order under this Act a special Act, and any provision thereof a special enactment. Provided that a light railway shall not be deemed to be a railway within the meaning of the Railway Passenger Duty Act, 1842 5 & 6 Vict. c.79., and that no duties shall hereafter be levied in respect of passengers conveyed on a light railway constructed under this Act in respect of the conveyance of such passengers upon such railway.

Mode of setling purchase money and compensation for taking of land 13 .—(1.) Where any order under this Act incorporates the Lands Clauses Acts, any matter which under those Acts may be determined by the verdict of a jury, by arbitration, or by two justices, shall for the purposes of the order be referred to and determined by a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator then by the Board of Trade, and the provisions of this Act shall apply with respect to the determination of any such matter in lieu of those of the Lands Clauses Acts relating thereto. Provided that in determining the amount of compensation, the arbitrator shall have regard to the extent to which the remaining and contiguous lands