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TRAMWAYS (IRELAND) ACT 1860 - SECT 50

Extent of Act.

50. This Act shall extend to Ireland only, and may be cited as "The Tramways
(Ireland) Act, 1860".

Section 1.

1. Every advertisement shall state

<(1)The objects of the intended application:


<(2)The description of the termini, with the names of the parishes, townlands, townships, and extra-parochial places, from, through, or into which the tramway is intended to be made:


<(3)The times and places at which the deposit required by section 2 of this Act will be made:


<(4)The intention of the promoters (if they intend) to apply for powers for the compulsory purchase of lands.


2. The whole notice shall be included in one advertisement, which shall be
headed with a short title descriptive of the undertaking.

3. The advertisement shall be inserted in three successive weeks in some one
and the same newspaper of the [local government district] in which the lands
to which the application relates are situate, or, if there be none, then in a
newspaper of some adjoining or neighbouring [local government district]. Where
the application relates to lands situate in more than one [local government
district], the advertisement shall be inserted once in each of three
successive weeks in a newspaper published at least twice a week in [Belfast],
and in a newspaper of the [local government district] in which is the
principal office of the promoters, and in a newspaper of every [local
government district] in which any new work is proposed to be executed, or in
which any lands are situate in respect of which any new or further powers for
the completion of works already authorized are intended to be applied for.

4. The advertisement shall in all cases be also inserted once in the [Belfast
Gazette].1. Every plan required to be deposited shall be drawn to a scale of
not less than four inches to a mile, and shall describe the line or situation
of the whole of the work (no alternative line or work being in any case
permitted), and the lands in or through which it is to be made, maintained,
varied, extended, or enlarged, or through which every communication to or from
the work shall be made; and where it is the intention of the parties to apply
for powers to make any lateral deviation from the line of the proposed work,
the limits of such deviation shall be defined upon the plan, and all lands
included within such limits shall be marked thereon; and unless the whole of
such plan shall be upon a scale of not less than a quarter of an inch to every
one hundred feet, an enlarged plan shall be added of any building, yard,
courtyard, or land within the curtilage of any building, or of any ground
cultivated as a garden either in the line of the proposed work or included
within the limits of the said deviation, upon a scale of not less than a
quarter of an inch to every one hundred feet.

2. The plan shall exhibit thereon the distances in miles and furlongs from one
of the termini; and a memorandum of the radius of every curve, not exceeding
one mile in length, shall be noted on the plan in furlongs and chains; and
where tunnelling, as a substitute for open cutting, is intended, such
tunnelling shall be marked by a dotted line on the plan.

3. If it be intended to divert, widen, or narrow any turnpike road, public
carriage road, navigable river, canal, tramway, or railway, the course of such
diversion, and the extent of such widening or narrowing, shall be marked on
the plan.

4. The book of reference to every such plan shall contain the names of the
owners or reputed owners, lessees or reputed lessees, and occupiers of all
lands in the line of the proposed work, or within the limits of deviation as
defined upon the plan, and shall describe such lands.

5. The section shall be drawn to the same horizontal scale as the plan, and to
a vertical scale of not less than one inch to one hundred feet, and shall show
the surface of the ground marked on the plan, the intended level of the
proposed work, the height of every embankment and the depth of every cutting,
and a datum horizontal line, which shall be the same throughout the whole
length of the work or any branch thereof respectively, and shall be referred
to some fixed point (stated in writing on the section) near either of the
termini.

6. The line of the tramway marked on the section shall correspond with the
upper surface of the trams.

7. Distances on the datum line shall be marked in miles and furlongs to
correspond with those on the plan; a vertical measure from the datum line to
the line of the tramway shall be marked in feet and inches, or decimal parts
of a foot, at each change of the gradient or inclination; and the proportion
or rate of inclination between each such change shall also be marked.

8. Whenever the line of the tramway is intended to cross any turnpike road,
public carriage road, navigable river, canal, tramway, or railway, the height
of the tramway over or depth under the surface thereof, and the height and
span of every arch of all bridges and viaducts by which the tramway will be
carried over the same, shall be marked in figures at every crossing thereof;
and where the tramway will be carried across any such turnpike road, public
carriage road, tramway or railway on the level thereof, such crossing shall be
so described on the section, and it shall also be stated if such level will be
unaltered.

9. If any alteration be intended in the water level of any canal, or in the
level or rate of inclination of any turnpike road, public carriage road,
tramway, or railway, which will be crossed by the line of tramway, then the
same shall be stated on the section, and each alteration shall be numbered;
and cross sections, in reference to the said numbers, on a horizontal scale of
not less than one inch to every three hundred and thirty feet, and on a
vertical scale of not less than one inch to every forty feet, shall be added,
which shall show the present surface of such canal, road, tramway, or railway,
and the intended surface thereof when altered; and the greatest of the present
and intended rates of inclination of such road, tramway, or railway shall also
be marked in figures thereon; and where any public carriage road is crossed on
the level, a cross section of such road shall also be added, and all such
cross sections shall extend for two hundred yards on each side of the centre
line of the tramway.

10. Wherever the extreme height of any embankment or the extreme depth of any
cutting shall exceed five feet, the extreme height over or depth under the
surface of the ground shall be marked in figures upon the section; and if any
bridge or viaduct of more than three arches shall intervene in any embankment,
or if any tunnel shall intervene in any cutting, the extreme height or depth
shall be marked in figures on each of the parts into which such embankment or
cutting shall be divided by such bridge, viaduct, or tunnel.

11. Where tunnelling, as a substitute for open cutting, or a viaduct as a
substitute for solid embankment, is intended, the same shall be marked on the
section.

12. Every plan and section shall be signed by the engineer of the promoters.

1. The notice required to be given by section 3 of this Act shall be given in
respect of all lands intended to be taken, or which may be taken as being
within the limits of deviation defined upon the plan, and shall be as nearly
as may be in the form set forth in the Appendix marked (A).

2. Such notice shall be given by being delivered personally to every person to
whom the same is to be given, or by being left at his usual or last known
place of abode, or, in his absence from the United Kingdom, with his agent, on
or before the first day of May, or by being forwarded by post in a registered
letter, addressed with a sufficient direction to his usual place of abode, and
posted on or before the twenty-eighth day of April at the Chief Post Office
in... Belfast, ... at such hours and according to such regulations as Her
Majesty's Postmaster-General shall from time to time appoint for the posting
and registration of such letters.

3. In all cases the written acknowledgment of the person applied to shall, in
the absence of other proof, be sufficient evidence of a notice having been
given; and in case of a notice having been forwarded by post in a registered
letter, the production of the post office receipt for such letter, duly
stamped, in such form as the Postmaster-General shall appoint, shall be
sufficient evidence of the due delivery of such letter; provided it appear
that the same was properly and sufficiently directed, and was not returned by
the post office as undelivered.

4. Except in the case of delivery of letters by post, a notice served on a
Sunday shall be of no effect, and a notice served after eight o'clock in the
evening of any week day but Saturday shall be deemed to be served on the
following day, and if served after that hour on a Saturday shall be deemed to
be served on the following Monday.

WE beg to inform you, that application is intended to be made to the Lord Lieutenant in Council, through the [grand jury of the county of         or as the case may be,] at the ensuing [summer assizes, or as the case may be,] for an Order in Council [here insert a short statement of the objects of the proposed Order], and that the property mentioned in the annexed schedule, or some part thereof, in which we understand you are interested as therein stated, will be required for the purposes of the said undertaking, according to the line thereof as at present laid out, or may be required to be taken under the usual powers of deviation to the extent of     yards on either side of the said line which will be applied for, and will be passed through in the manner mentioned in such schedule.


deposited, showing the greatest height

of embankment and depth of cutting

where the property is intersected by the

centre line of the proposed work.

Property in the line of the proposed

work as at present laid out (including

property any part of which is

within eleven yards, or thereabouts,

of the centre line of such proposed

work, as delineated upon the plan).

Property within the limits of the

deviation intended to be applied

for.

We also beg to inform you, that a plan and section of the said undertaking, with a book of reference thereto, have been or will be deposited with the [secretary of the grand jury of the said county, or as the case may be], on or before the         of        , on which plan your property is designated by the numbers set forth in the annexed schedule.


As we are required to report whether you assent to or dissent from the proposed undertaking, or whether you are neuter in respect thereto, you will oblige us by writing your answer of assent, dissent, or neutrality in the form left herewith, and returning the same to us with your signature on or before the         day of       next; and if there should be any error or misdescription in the annexed schedule, we shall feel obliged by your informing us thereof, at your earliest convenience, that we may correct the same without delay.


our most obedient servants,To

Section 4.

Separate lists shall be made of the names of the owners or reputed owners,
lessees or reputed lessees, and occupiers, to whom notice has been given,
distinguishing those who have assented, dissented, or are neuter in respect of
such notice, or who have returned no answer thereto; and where no written
acknowledgment has been returned to a notice sent by post, or where a notice
by post has been returned as undelivered, the direction of the letter in which
the notice was sent shall be inserted in the lists.1. The Board of Works shall
direct their attention especially to the following heads of inquiry, and shall
require evidence from the promoters thereon; namely,

(1)The financial arrangements made or proposed by the promoters:

(2)Where the promoters propose that a company should be incorporated by Order
in Council for the execution of the undertaking, the number and amount of
shares actually subscribed for or agreed to be taken, and the amount of share
capital and of loans proposed to be authorized:

(3)The sufficiency of the estimate for the works:

(4)The merits, in an engineering point of view, of the proposed tramway; the
character of the gradients and curves; the number and extent of the tunnels,
if any; the crossings or other user of public roads on the level; and any
peculiar engineering difficulties, with the modes proposed for overcoming
them:

(5)The degree of favour or objection with which the project is regarded by the
landowners and others in the neighbourhood of the proposed tramway.

2. The Board of Works shall hear in opposition to the undertaking any such
owner, lessee, occupier, company, person, or inhabitants as is or are entitled
to be heard under the provisions of this Act before a grand jury.

3. The Board of Works may call for the production of any documents in the
possession or power of the promoters, or of any company or person admitted to
be heard in opposition to the undertaking, which the Board of Works may think
necessary, and may examine any such person and his witnesses, and the
witnesses for any such company and for the promoters, on oath or otherwise,
and administer any oath or declaration necessary for that purpose.

1. The maximum rates of charge to be made by the owners of the tramway for the
conveyance of passengers thereon, including the tolls for the use of the
tramway and of carriages, and cost of moving power, and every other expense
connected with such conveyance, shall be

For every passenger conveyed in a first-class carriage, the sum of twopence
per mile:

For every passenger conveyed in a carriage of inferior class, the sum of one
penny halfpenny per mile.

2. The foregoing restrictions shall not extend to any special trains that may
be required to run on the tramway, but shall apply only to the express and
ordinary trains appointed from time to time by the owners for the conveyance
of passengers and goods on the tramway.

3. Every passenger travelling on the tramway may take with him his ordinary
luggage, not exceeding one hundred pounds in weight for first-class passengers
and sixty pounds in weight for passengers of inferior class, without any
charge being made for the carriage thereof.

4. Subject to the provisions herein-after contained respecting small parcels
and single articles of great weight, the tolls to be taken by the owners of
the tramway in respect of the tonnage of all articles conveyed in carriages
thereon, or on any part thereof, shall be

For dung, and all sorts of manure, chalk, and all undressed materials for the
repair of roads or highways:

For all coals, coke, culm, ironstone, and iron ore:

For all charcoal, limestone, stones for building, pitching, and paving,
bricks, tiles, slates, clay, and sand:

For all iron, lead, tin, and tin plates (except nails, utensils, or other
articles of merchandise):

Not exceeding for the use of the tramway [threepence] per ton per mile:

If conveyed in carriages provided by the owners of the tramway, an additional
sum per ton per mile not exceeding one eighth of a penny:

If drawn or propelled by power provided by the owners of the tramway, a
further sum per ton per mile not exceeding three eighths of a penny.

For all other goods, wares, merchandise, articles, matters, or things (except
carriages, herein-after otherwise provided for), not exceeding for the use of
the tramway twopence per ton per mile:

If conveyed in carriages provided by the owners of the tramway, a further sum
per ton per mile not exceeding one halfpenny:

If drawn or propelled by power provided by the owners of the tramway, a
further sum per ton per mile not exceeding one halfpenny.

For every carriage, of whatever description (not being a carriage adapted and
used for travelling on a tramway, and not weighing more than one ton), not
exceeding for the use of the tramway sixpence per ton per mile, and the sum of
twopence per mile for every additional quarter of a ton or fractional part of
a quarter of a ton above one ton which any such carriage may weigh:

If any such carriage be conveyed on a truck or platform provided by the owners
of the tramway, an additional sum per mile not exceeding twopence:

If drawn or propelled by power provided by the owners of the tramway, a
further sum per mile not exceeding twopence.

5. The tolls to be taken by the owners of the tramway in respect of animals
conveyed in carriages on the tramway shall be

For every horse, mule, ass, or other beast of draught or burden, ox, cow,
bull, or head of neat cattle, conveyed in or upon any such carriage, not
exceeding for the use of the tramway threepence per mile:

If conveyed in or upon any carriage provided by the owners of the tramway, an
additional sum per mile not exceeding one penny:

If such carriage be drawn or propelled by power provided by the owners of the
tramway, an additional sum per mile not exceeding twopence.

For every calf, pig, sheep, lamb, or other small animal conveyed in or upon
any such carriage, not exceeding for the use of the tramway one penny per
mile:

If conveyed in any carriage provided by the owners of the tramway, an
additional sum per mile not exceeding one farthing:

If such carriage be drawn or propelled by power provided by the owners of the
tramway, an additional sum per mile not exceeding twopence.

6. The maximum rate of charge to be made by the owners of the tramway for the
conveyance of animals, articles, matters, or things respectively included in
the classes before mentioned, including the tolls for the use of the tramway,
and of carriages, and cost of moving power, and every other expense connected
with such conveyance, shall not exceed the amounts following:

For the matters mentioned in class 1, not exceeding [threepence] per ton per
mile:

For the matters mentioned in class 2, not exceeding threepence per ton per
mile:

For any carriage mentioned in class 3, not weighing more than one ton, not
exceeding tenpence per mile, and, if weighing more than one ton, not exceeding
twopence per mile for every quarter of a ton or fractional part of a quarter
of a ton additional:

For everything mentioned in class 4, not exceeding sixpence per mile:

For everything mentioned in class 5, not exceeding threepence farthing per
mile:

Provided always, that it shall be lawful for the owners of the tramways to
demand and take, in addition to the tolls and rates of charge herein-before
authorized, a reasonable sum for the delivery and collection of goods and
other services incidental to the business of a carrier, where such services
respectively shall be performed by the owners of the tramway otherwise than on
the premises of the tramway.

7. The following provisions and regulations shall be applicable to the
calculation of the tolls:

For passengers, animals, or things conveyed on the tramway for a less distance
than four miles the company may demand tolls as for four miles:

For a fraction of a mile beyond four miles or beyond any greater number of
miles the company may demand tolls on merchandise for such fraction in
proportion to the number of quarters of a mile contained therein; and if there
be a fraction of a quarter of a mile, such fraction shall be deemed a quarter
of a mile; and in respect of passengers every fraction of a mile beyond an
integral number of miles shall be deemed a mile:

For a fraction of a ton the company may demand toll according to the number of
quarters of a ton in the fraction; and if there be a fraction of a ton, the
fraction shall be deemed a quarter of a ton:

With respect to all things, except stone and timber, the weight shall be
determined according to the usual avoirdupois weight:

With respect to stone and timber, fourteen cubic feet of stone, forty cubic
feet of oak, mahogany, teak, beech, or ash, and fifty cubic feet of any other
timber, shall be deemed one ton weight, and so in proportion for any smaller
quantity.

8. With respect to small parcels and single articles of great weight, the
owners of the tramway may lawfully demand for the carriage thereof on the
whole or any part of the line the tolls following:

For any parcel not exceeding seven pounds in weight, sixpence:

For any parcel exceeding seven pounds in weight but not exceeding fourteen
pounds in weight, ninepence:

For any parcel exceeding fourteen pounds in weight but not exceeding
twenty-eight pounds in weight, one shilling:

For any parcel exceeding twenty-eight pounds in weight but not exceeding
fifty-six pounds in weight, one shilling and sixpence:

For parcels exceeding fifty-six pounds in weight but not exceeding five
hundred pounds in weight, such reasonable sum as the owners of the tramway may
think fit:

For the carriage of any one boiler or cylinder, or any one piece of machinery,
or single piece of timber or stone, or other single article, the weight of
which, including the carriage, shall exceed three tons, the owners of the
tramway may demand such sum as they think fit.

9. Nothing herein contained shall be held to prevent the owners of the tramway
from taking any increased charge, over and above the charges herein-before
limited, for the conveyance of goods of any description, by agreement with the
owners of and persons in charge of such goods, either in respect of the
conveyance of such goods, except small parcels, by passenger or other trains,
or by reason of any other special service performed by the owners of the
tramway in relation to such goods.

Act 1838.

1854.

© 1860 Crown Copyright

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