(among other things), the 1889. Secretary to the and that a copy of the proposed agreement can be seen at the office of the Railway and Canal Commission at Dated this day of 18 No. 9. Form of Notice to be given to the Public by Railway Companies of their intention to enter into Agreements amongst themselves under Part III. of The Railways Clauses Act, 1863. Notice is hereby given pursuant to the provisions of The Railways Clauses Act, 1863, and The Railway and Canal Traffic Acts, 1873 and 1888, and the Act, 18 that it is the intention of the Railway Company and the Railway Company to enter into an agreement for the following purposes, viz. (among other things), the and that any company or person aggrieved by such proposed agreement and desiring to object thereto, may bring such objection before the Railway and Canal Commissioners by sending the same in writing, addressed to the Registrar to the Railway and Canal Commissioners, at their office, at the London, on or before the1 18 in which office a copy of the proposed agreement can be seen. of Dated this day 1 Twenty-eight days should intervene between the date of the newspaper containing the first insertion of this notice and the date here inserted. See Schedule IV. SECOND SCHEDULE. Rules 2, 3, 4, 5, 6, 7 of Order XXII. of the Rules of the Supreme Court, 1883, 2. Payment into court shall be signified in the defence, and the claim or cause of action in satisfaction of which such payment is made shall be specified therein. 3. With a defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into court. 4. If the defendant pays money into court before delivering his defence, he shall serve upon the plaintiff a notice specifying both the fact that he has paid in such money, and also the claim or cause of action in respect of which such payment has been made. Such notice shall be in the Form No. 3 in Appendix B, with such variations as circumstances may require. [Form No. 3, referred to in the foregoing Rule.] 1 Note.-In proceedings before the commissioners the heading of this form will be the same as the heading of the forms in the First Schedule. Take notice that the defendant has paid into court £ and says that that sum is enough to satisfy the plaintiff's claim [or the plaintiff's claim for, etc.] To Mr. X. Y., the Plaintiff's Solicitor. Z., Defendant's Solicitor. 5. In the following cases of payment into court under this order, viz. :— (a) When payment into court is made before delivery of defence; (b) When the liability of the defendant in respect of the claim or cause of action in satisfaction of which the payment into court is made is not denied in the defence: (c) When payment into court is made with a defence setting up a tender of the sum paid; the money paid into court shall be paid out to the plaintiff on his request, or to his solicitor, on the plaintiff's written authority, unless the court or a judge shall otherwise order. 6. When the liability of the defendant in respect of the claim or cause of action, in satisfaction of which the payment into court has been made, is denied in the defence, the following rules shall apply : - (a) The plaintiff may accept, in satisfaction of the claim or cause of action in respect of 1889. which the payment into court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided, notwithstanding the defendant's denial of liability, whereupon all further proceedings in respect of such claim or cause of action, except as to costs, shall be stayed; or the plaintiff may refuse to accept the money in satisfaction, and reply accordingly, in which case the money shall remain in court, subject to the provisions hereinafter mentioned. (b) If the plaintiff accept the money so paid in he shall, after service of such notice in the Form No. 4 in Appendix B, as is in Rule 7 mentioned, or, after delivery of a reply accepting the money, be entitled to have the money paid out to himself on request, or to his solicitor, on the plaintiff's written authority, unless the court or judge shall otherwise order. (c) If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action, or any part thereof, the money shall remain in court and be subject to the order of the court or a judge, and shall not be paid out of court except in pursuance of an order. If the plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into court, the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff's claim, and the balance (if any) shall, under such order, be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action, the whole amount shall, under such order, be repaid to him. 7. The plaintiff, when payment into court is made before delivery of defence may, within four days after the receipt of notice of such payment, or when such payment is first signified in a defence, may, before reply, accept in satisfaction of the claim or cause of action in respect of which such payment has been made, the sum so paid in, in which case he shall give notice to the defendant in the Form No. 4 in Appendix B, and shall be at liberty, in case the entire claim or cause of action is thereby satisfied, to tax his costs after the expiration of four days from the service of such notice, unless the court or a judge shall otherwise order, and, in case of non-payment of the costs within 48 hours after such taxation, to sign judgment for his costs so taxed. [Form No. 4 referred to in the foregoing Rules 6 and 7.1] Take notice that the plaintiff accepts the sum of £ THIRD SCHEDULE. TABLE OF FEES. paid by you into Appointed by the Commissioners, with the concurrence of the Lord Chancellor and of the Every commission to take evidence. Every hearing in the nature of an arbitration between Every hearing in the nature of an arbitration, one of the Note.-The fee for the hearing is to be paid on All fees shall be paid by stamps, impressed on the forms applicable to the various proceedings respectively, which shall be sold in London at the office of the commissioners, West Front Committee Rooms, House of Lords, S. W.; and at the Inland Revenue Office, Somerset House; and at the Branch Office, Royal Courts of Justice. In Edinburgh, at the Inland Revenue Office, Waterloo Place. In Dublin, at the Inland Revenue Office, Custom House; and at such other places as the Inland Revenue Department may determine. FOURTH SCHEDULE. DIRECTIONS of the Railway and Canal Commissioners relating to Working Agreements between two or more Railway Companies. 1. Care should be taken that at least 28 days from the date of the newspaper containing the first insertion of the notice to the public, of the intention of the companies to enter into a working agreement, are allowed for bringing objections before the Railway and Canal Commissioners, and that during the whole of that period a copy of the proposed working agreement is lodged at the commissioners' office for inspection. 2. At the expiration of the period specified in the notices for bringing objections before the Railway and Canal Commissioners, and together with the application for their approval, there should be sent to their office: (a) The Act or Acts of Parliament authorising such agreement. (b) Copies of the newspapers containing the notices of the intention of the two companies to enter into such agreement which are required by the 24th section of The Railways Clauses Act, 1863. (c) Copies of the newspapers containing the advertisements of each company, required by the 23rd section of the same Act, convening the special meetings at which the agreement was assented to. (d) A copy of the circular which was addressed to each shareholder. (e) The agreement, sealed by the companies, together with a certificate given under the hands of the chairman at the meeting, and of the secretary of each company, stating that such agreement was duly assented to by the required proportion of the votes of the shareholders and stockholders entitled to vote in that behalf at meetings of the company, present (personally or by proxy) at a general meeting of each of the companies specially convened for that purpose, pursuant to the 23rd section of the same Act. 3. The application to the commissioners for their approval should be made in the manner prescribed by their General Rules of February 1889, Nos. 2 and 6. The agreement, when approved by the commissioners, will be returned with their approval signified thereon, and the copy lodged at their office will be retained by them. NOTE.-Where the special Act or Acts authorising the agreement do not incorporate The Railways Clauses Act, 1863, Part iii., or are of an earlier date, the course of proceeding will be that indicated in the special Acts. RULES DATED SEPTEMBER 1896, MADE BY THE BOARD OF TRADE WITH RESPECT 1 Note.-These rules will regulate the procedure before the Light Railway Commissioners where a scheme for a light railway has been matured and it is intended to make a formal application for an order. The commissioners will at all times be prepared to give every facility in their power for considering and maturing proposals for the construction of light railways to be submitted to them. NOTICE OF PROPOSED APPLICATION. 1. Notice by advertisement. - Notice of intention to apply to the Light Railway Commissioners for an order authorising a light railway, or for an amending order, must be published by advertisement in each of two consecutive weeks in the month of April or of October, in at least one local newspaper circulating in the area or part of the area through which it is proposed to make the railway. 2. Contents of notice. The notice must describe generally the line of the railway and its termini, and the lands proposed to be taken, stating the quantity and the purpose for which it is proposed to take them; it must state the proposed gauge and motive power of the railway; it must be subscribed with the name of the person, company, or council responsible for the publication of the notice (hereinafter referred to as "the promoters "); and must name a place where a plan of the proposed works and of the lands to be taken and a book of reference to the plan and a section of the proposed works may be seen at all reasonable hours, and where copies of the draft order can be obtained on payment of not exceeding one shilling per copy. The notice must state that objections should be made in writing to the Light Railway Commissioners in accordance with Rule 31. 3. Deposit with local authorities.-Copies of the draft order and of the plan and book of reference and section and of the estimate hereinafter mentioned must be deposited by the promoters during the month of May or of November with the clerk of the county council, and of every borough, district, and parish council in or through whose county, borough, district, or parish, any part of the railway is proposed to be made, and shall be open to inspection during office hours. With the above documents there must also be deposited a sheet or sheets of the ordnance map, on the scale of not less than one inch to a mile, with the line of railway indicated thereon, so as to show its general course and direction. 4. Deposits with Government departments.—Copies of the draft order and of all the above documents must be deposited by the promoters during the month of May or of November with the Board of Trade, and copies of the draft order with the Treasury, the Board of Agriculture, the Postmaster General, the Commissioners of Customs and of Inland Revenue, the Admiralty, the War Office, the office of Woods and Forests, and the Office of Works, and with the Secretary for Scotland in the case of proposed railways in Scotland. Provided that as regards the provisions of this rule and of Rules 1 and 3, in the year 1896 the month of November shall be substituted for the month of October and the month of December for the month of November. 1896. PLANS, BOOK OF REFERENCE, AND SECTIONS. 5. Plans. Every plan must be drawn to a scale of not less than four inches to the mile, and must describe the lands intended to be taken, and the line or situation of the whole of the railway (no alternative line or work being in any case permitted), and the lands in or through which it is to be made, or through which any communication to or from the railway shall be made. 6. As to limits of deviation.-Where it is the intention of the promoters to apply for powers to make any lateral deviation from the line of the proposed railway, the limits of such deviation shall be defined on the plan, and all lands included within such limits shall be marked thereon. 7. Buildings, etc., on enlarged scale.-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, on a scale of not less than a quarter of an inch to every one hundred feet. 8. Distances to be marked. The distances from one of the termini must be shown in miles and furlongs on the plan, 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. 9. Tunnelling to be marked.-Where tunnelling as a substitute for open cutting is intended the same shall be marked by a dotted line on the plan, and no work shall be shown as tunnelling in the making of which it will be necessary to cut through or remove the surface soil. 10. Diversion of roads, etc.-If it be intended to divert, widen, or narrow any public carriage road, navigable river, canal, or railway, the course of such diversion and the extent of such widening or narrowing shall be marked on the plan. 11. Case of junctions with other lines.-When a railway is intended to form a junction with an existing or authorised line of railway the course of such existing or authorised line of railway shall be shown on the deposited plan for a distance of 800 yards on either side of the proposed junction on the same scale as the scale of the general plan. 12. Case of rails along road.-If it be intended to lay any part of the railway along a road or street the plan shall show at what distance from an imaginary straight line drawn along the centre of such road or street it is proposed to lay the rails. 13. Book of reference.--The book of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and houses in the line of the proposed railway or within the limits of deviation as defined on the plan, and shall describe such lands and houses respectively. |