Dunfermline and District Tramways (Extnensions) Order Confirmation Act 1926
| Jurisdiction | UK Non-devolved |
| Citation | 1926 c. ii |
| Year | 1926 |
[lo
GEO.
5.1
IIrLnfermline and
District
[Ch.
ii.]
l’rwmways
(Extensions)
Order
Con6rma1tiorL
Act,
1926.
H
KIiEAS
]€is ?Majesty’s Secretary for Scotland
a\
liits
made tlic Provisional Order set forth in the
schcdule hereunto ;timexed undcr the provisions
of
the
Private
Lcbgislation
Procedure (Scotland) Act,, 1899, and
62 &63
Vict,.
it is reyuisitc that tlic said Order shoulct be coiifirmed by
C.
47.
Parliament,
:
Be it therefore vnactcd by the King’s most Excellent
Majesty
by
and with thc advice and consent
of
the Lords
Spiritual and Temporal and Commons in this present
Parliament assembled and by the authority of the same
as
follows
:-
1
The
Provisional Order contained in the schedule
Confirma-
liere&to annexed shall bc and
the
same
is
hereby
tion
of
confirmed.
Order
in
schedule.
2.
This Act
may
be cited as the Dunfermline
and
Short
title.
District Tramways (Extensions) Order Confirmation Act
1926.
[Price
Is.
(id.
Se/.]
A
1
A.D.
1926.
I
[Ch.
ii.],
Dzcnfermlin
e
and District
[
16
GEO.
5.1
Tramways
(Extensions) Order ConJirmation
Act,
1926.
DUNFERhlLINE
AND
LlISTKICT
(EXTENSIONS).
TI1
Ah1
IY
AY
s
Provisional Order to authorise the Duiiiermlim and Ilistrict
Tramways Company to construct additional tramways
and
an
additional street work
io
extend the
time
for
the completion
of
certain authsrised tramways and
works and
for
other purposes.
IVHEREAS
by the Dunferniline and District Tramways
Order
1906 (in this Order called
"
the Order of 1906
")
the
Dunfermline aiid District Tramways Company (in
this Order called
"
tlie Company
'7)
were incorporated
with
a
share
capital of
one
hunrlrcd and fifty
thousmiid
pounds and with
power
to
borrow
fifty
thousand pounds
arid
wcre
authorised
to
constmct thc tramways arid
works therein describcd a!l
in
the
county
of Fife
:
Arid whereas by the J)unfcrrnlinc
and
District Train-
ways (li:stensions) Order 1910 (in this Order eallccl
"
the
Order of 1910
")
tlic Coiiipariy
M-CI'~
authorised to raise
adciit
ional
sharc.
ea1)ital
to
tlic
itiiiount
of
niiicty thousand
ponnds
and to
l-,orrow
a
fiirtlicr
slim
of thirty thousand
poi~iids
and to construct tlre adclitioiial
tramways
and
works
thcrcin ciescribtd
:
And
1%
Iierc
as by tlw I)unftmilinc aiid l)jst8rict Trani-
\$says
Order 1911 (in this
Order
called
"
the
Order
of
1911
")
the time limited for tlic completion of certain
tramways authorised by tlic
Order
of 1906 was extended
:
And whereas
by
the T)unfernilinc and District Tram-
ways
(Extensions)
Ordcr
1915 (in this Order called
"
the
Order
of 1915
")
tlie
Company were authorised
to
iaise
additional
>hare
capita1
to
[he
amount
of
ninety
tliou~antl
poi.rids
aiid
to
borronr
a
further sum of thirty
thousaid
pounds
and
to
construct the additional traln-
ways
tliewin described
aiid
the
po~vc'rs
conferred upon
the
Wemyss and District Trainways
Company
Limited by
the
Wemyss
Tramways (Extensions) Order 1910 (in
this Order called
"
the Wemyss Order of 1910
77)
with
respcct
to
the consiruction
of
the Tramways
Kos.
2 2~
I
2
[lC;
GEO.
5.1
Dtmj’errnline
and
District
LCh.
ii.]
Tramways (Extensions) Order Confirmation
Act,
1926.
arid
3
arid the execution
of
the Street
Works
H
K
AB.
igzci.
L
31
N
0
and
P
thcreby authorised were transferred to
the Company
:
And whereas by the Dunfermline and District
Tramways Order 1920 (in this Order called “.the Order
of 1920
”)
the periods then limited for the completion of
certain tramways and works authorised by the Order
of
1910 the Wemyss Order
of
1910 and tlie Order
of
1915
were extended and further powers were conferred upon
the Company
:
And whereas the Company have raised the whole of
the capital authorised by the Orders of 1906 1910 and
1915 by the creation and issue of three hundred and
thirty thousand shares of one pound each and such
shares are fully paid up but the Company have not
exercised any part
of
their borrowing powers
:
And whereas the Company have constructed and arc
working the trainways (other than Tramways
Nos.
9~
arid 13~) authorised by the Order of 1906 the Trainway
No.
G
authorised
by
the Order
of
1910 and the Tramways
Nos.
1
4
and
6
authorised by the Order of 1915
:
And \vli~~rc~~s it is expedient that the Company sliould
IN
authorised to construct the new tramways and the
street work Iicrcinafter described
:
Arid whereas the new tramways arc extensions
of
pwts
of
the tramway system of the Company and it is
expedient that certain provisions of the Orders
of
1906
1910
1915 and
1920
should be cxtendcd to tlhe
new
tramways as in this Order provided
:
And whereas it
is
expedient that the Company should
bc
empowered to abandon the construction of the Tram-
ways
Nos.
1
1~
and
2
a portion
of
the Tramway
No.
3
and
the Street Works A
13
C
and
U
authorised by the Order
of 1910 and the Tramway
No.
8
authorised by the Order
of 1915
as
in this Order provided
:
And whereas the period limited by t
lie
Order of
1920
for the completion of the Tramways
Nos. 4
9
and
9~
and
tlie Street
Work
M
authorised by
the
Order of 1910 and
so
much of
the
Tramway
No.
3
authorised by that
Order as is not by this Order authorised to be abandoned
expired on the twenty-sixth day of July one thousand
nine hundred and twenty-five and it is expedient that
such period should be extended as by this Order provided
:
-
A2
3
[Ch.
ii.]
Dunfermline
and
District
[I6
GEO.
5.1
Tramways (Extensions) Order
Con$rmation
Act,
1926.
A.D.
1926.
__
And whereas the periods limited by the Order
of
1920 for the compulsory purchase of lands for the purposes
of the Tramways
Nos.
2 2~ and
3
and the Street
IVorks
H
J
K
L
M
N
0
ancl
P
authorised by tlie Wemyss Order
of 1910 and of the Tramways
Nos.
2
3
5
and
7
authorised
by
t'he Order of 1915 expired
on
the twenty-sixth day
of July one thousand
niiic
hundred and twenty-three
and the periods limited by the Order of 1920 for the
completion of
tlie
said tramways authorised by
the
IVcmyss
Order
of
1910 and
the
Order of 1815 expired
on
the twcnty-sixth
day
of
July one tliousand
nine
hundred and twenty-five and it is expedient that the
powers for
tlie
compulsory pitrcliasc
of
such lands sliould
be revived and that the periods witliiii which such powers
may be exercised and the periods for the completion
of the said tramways should be extended
as
by this Order
provided
:
And whereas it is expedient that the Company should
be authorised to raise additional capital and borrow
further money for the purposes of this Order and
of
their authorised undertaking and
tlint
tlie
other powers
in this Order contained should be conferred
on
the
Coinpany
:
And wlicreas plans
and
sect
ions
showiiig
the liiics
anti
I(~cls
of
the new tramways and
thch
strcct
worli
authorised by this
Order
and
also
a
hook
of
rcfercncu
containing
the
names
of thc
owiicrs
and lessees
or
reputcd
owners
and
1
ccs
and
of
tlic
occupiers of
tlie
larids
rcquired
or
which
may
be
tnkm
for the purposes
or
undcr
tlie powers of this Order
wcw
duly deposited with tlic
principal sherifl clerk for the county of Fife and
are
hereinafter respectively referred
to
as the deposited
plans sections and book of reference
:
And
whereas
the purposes aforesaid cannot bo
effected without an Order
of
the Secretary for Scotland
confirmed by Parliament under the provisions of tlie
:
Now
thwefore in pursuance
of
the powers contained
in
the
last-mentioned Act the Secretary for Scotland
orders
as
follows
:-
Short
titles
1.
This Order may be cited
as
the Dunfermline and
coni-
District Tramways (Extensions) Order 1926 and the
mmcemeit
I)
uniermlin~ and
Distrjct
Tramways
Orders 1906
to
1920
of
Order.
4
I16
GEO.
5.1
Dunfermline and
District
[Ch.
ii.]
Trainways (Extensions) Order GonJirrnation
Act,
1926.
and this Order may be cited together
as
the Dunfermline
A.D.
1'326.
and
District Tramways Orders 1906 to 1926 This
__
Order shall come into operation
at
the date of the passing
of
the Act confirming the same which date is hereinafter
referred to
as
"
the conimeiicenient~ of this Order."
where expressly varied by this Order) incorporated with
tion
of
and form part of this Order (that is to say)
:-
general
ACtR.
2.
The
following Acts and parts of Acts are (except
Incorpora-
The
Companies Clauses Consolidation (Scotland) Act
1845 and Part
T
(relating to cancellation and
surrender of shares) and Part
I1
(relating to
1863 as amended by subsequent Acts;
The Lands Clauses Acts
;
Sections
6
8 to 16 18 to 37 60 to
68
70
to
85 and 90 to
99
so
far
as
the same are not repealed of the
Railways Clauses Consolidation (Scotland) Act
1845
;
and
Section 3 (Interpretation
of
ternis) and Part
I1
(Construction
of
tramways) and Part
111
(General provisions) of the Tramways Act
1870
:
Provided that-
(1)
Section 30 (except subsections
(1)
and
(5)
thereof) of the Tramways Act 1870 shall in
its application to the new tramways have
effect
as
if wires
or
apparatus laid in
a
road
included wires or apparatus erected or carried
over
a
road or footpath
:
(2) The provisions of thc Railways Clauses Con-
solidation (Scotland) Act 1845 herewith
in-
corporated shall apply only to any portion
of the new tramways which under the pro-
visions
of
this Order may be constructed
on private lands and for the purposes thereof
such portion of tramway shall be deemed to
be
a
railway and the Conlpany shall be deemed
to be
a
railway company
:
(3) The provisions of Part
I1
and Part
IT1
(except-
ing sections 34 to 40 43 44 45 49 to
56
63
64
and
su
much of sections
46
and
47
as
6
[Ch.
ii.1
Dunfermline and District
[16
GEO.
5.1
Tramways
(Extensions)
Order
ConJirmation
Act,
1926.
relates
to
byelaws to be made by the
pro-
moters of a tramway)
of
the
1870 herewith incorporat'ed shall
iiot
apply
to
any portion of the new tramways which
under the provisions of this
Ordcr
nlny he
ronstritcted
on
private lsntls.
AD.
1926.
_-
Tnterpretn-
tion.
3.
In this Order the several words
and
exprehsions
to which meanings arc assigned
1)v
the
Acts
wholly
or
partially incorporated herewith ha&
the
same
respective
meanings unless there
be
soriiething in the
suhjcwt,
or
context repugnant to
such
constrnctioii
Ancl
in
this
Order
unless
the
context otherwise requires-
"
The Company
"
meam
the
1)rtnfcrnilinc
mid
Ih-
trict Tramways Company
;
"
The Order
of
1906
" "
the Ortlcr of 1910
" "
thc
Order
of
1911
"
"
the Ortier
of
1915
"
anti
"
thc
Order
of
1920
"
mean respectively
the
Ihn-
fermline and District Tramways Order 1906
the Dunfermline and District Tramways (Esten-
sions) Order 1910 the D-nnfermline and Dibtrick
Tramwavs Order 1911 the Dunfermline and
District Tramways (Extensions) Order 191
5
and
the Dunfermline and District Tramways Order
1920
;
"
The Wemyss Order
of
1910
"
and
"
the Wemyss
Order
of
1913
"
mean respectively the lJ7eniyss
Tramways (Extensions) Order 1910 and the
Wemyss Tramways Order 191 3
;
"
The
Orders
of 1906 to 1926
"
means the
Dnnferm-
line and District Tramways Orders 1906
to
1926
;
"
The existing tramways
"
means the tramways
authorised by and transferred to the Company
under the Dunfermline and District Tramways
Orders 1906 to 1920;
''
The new tramways
"
and
"
the street work
'.
mean
respectively the new tramways and the strect
work by this Order authorised
;
"
The
tramways
"
means the new tramways and the
existing tramways and any tramway bclonging
to the Company
;
6
[16
GEO.
5.1
Dunfermline and District
[Ch.
ii.]
Tramways (Extensions) Order ConJirmation
Act,
1926.
"
The undertaking
"
ineans the undertaking of the
A.D.
1926.
Coinpany authorised
by
the Orders of 1906 to
--
1926
;
"
Contingencies
"
in section 125 of the Companies
Clauses Consolidation (Scotland) Act 1845 in-
cludes the contingency of the undertaking being
sold at a
sum
less than the aggregate amouiit of
the capital and debts
of
the Company;
"
The tribunal
"
means
the arbiters or othec tribunal
to whom any question of disputed purchase
money
or cornpensation
is
referred in prirsuance
of
the Imids C'lanses Acts.
4. Subject to the provisions
of
this Order the
Coni-
Power
to
pany inay inake forin lay
down
work use and inaintain
make
mu-
the new tramways hereinafter described in the lines and
within the limits of deviation and according to the levels
shown on the deposited plans
nntl
sectioiis and in
all
respects in accordance with those plans and sections
with
all proper rails plates works and conveniences connected
therewith and inay enter upon take and use such
oi
the
lands delineated
on
the deposited plans and described in the
deposited
book
of reference
as
may be required for that
purpose Provided that nothing in this Order shall
authorise any interference with electric lines and works
of
any undertakers under the Electricity (Supply) Acts
the Electric Lighting Act 1882 apply except in aceorclancc
with and subject to the provisions
of
that section.
The new tramways hereinbefore referred to and
authorised
by
this Order mill be situate wliolly in the
county
of
Fife and are-
Tramway
No.
1.-A tramway
4
furlongs
6-50
chains
or
thereabouts in length (of which
5-50
chains
or
thereabouts will be double line and 4 fur-
longs
l
chain
or
thereabouts will be single line)
situate wholly in the villagc of Kelty in the
parish
of
Beath commencing by
a
junction
with Tmmway
No.
11
authorised by the Order
of
1906 at its termination aid terniinating in
Main &reet at a point 47-50 yards
or
there-
abouts north
of
Black Road
:
Tramway
No.
2.-A tramway 4.35 chains
or
thereabouts in length (single line) situate
wholly
7
[Ch.
ii.]
Dunfermline and
District
[16
GEO.
6.1
Tramways (Extensions) Order
ConJirmation
Act,
1926.
A.D.
1926.
in the village of Lochore in the parish
of
-
Ballingry commencing by a junction with
Tramway
No.
8
authorised by the Order of
1910 at its termination and terminating in
the road from Lochgelly to Ballingry notwith-
standing anything shown on the deposited
plans at a point 100 yards
or
thereabouts
south
of
Loanhead Avenue
:
Tramway
No.
3.-Partly tramway and partly trani-
road
2
miles
4
furlongs 3.03 chains
or
thereabouts
in length (double line) situatc
wholly
in the parish
of Auchterderran commencing in the burgh of
Lochgelly by a junction with Tramway
No.
8
authorised by the Order of 1906 in Main Street
at
or
near its junction with Bank Street and
terminating in the village of Cardenderi in the
main road from Dundonalcl to Auchterderran
by a jiinction with Tramway
KO.
9
authorised
by the Order of 1910 at its termination
Tramway
No.
3
will for a distance of
3
furlongs
5.41 chains
or
thereabouts be laid along
or
upon the carriageway of streets
or
roads and
for the remainder of its length
(2
miles
7-69
chains
or
thereabouts)
on
private lands.
Provided that the said nem Tramway
No.
3
so
far
as
situate within the burgh of Lochgelly shall not be
constructed except with the consent in writing of the
provost magistrates and councillors of the burgh of
Lochgelly (hereinafter in this proviso referred to
as
"
the Corporation
")
which consent shall not
be
un-
reasonably withheld and shall be given subject to
such
terms and conditions as may be agreed between tlic
Company and the corporation Any question
as
to
whether
or
not such consent
is
unreasonably withheld
shall be determined by the Minister of Transport
Provided further that if and when the said new Tramway
No.
3
is constructed the Company shall notwithstanding
anything contained in this Order
or
shown upon the
deposited plans construct
so
much thereof as will be laid
along Main Street Lochgelly as
a
single line iinless and
except in
so
far as may be otherwise approved by the
Minister of Transport.
Power
to
5.
Subject to the provisions of this
Order
the
Company may make the street work liereinafter described
make
street
work.
8
[16
GEO.
5.1
Dunfermline and District
[Ch.
ii.1
Tramways (Extensions) Order Confirmation
Act,
1926.
in the line and according to the levels and within the
A.D.
192&
limits of deviation shown on tlic deposited plans
and
sections together with all necessary and proper worlis
improvements junctions connect ions approaches and
conveniences connected therewith or incidental thereto
and may enter upon take and use
such
of the lands
delineated on the deposited plans and described
in
the deposited book of reference as may be required
for those purposes and may enter npon open break up
and interfere with such streets or roads as
-[nay
I)e
necessary for the like purposes.
The street
work
hereinbefore referred to anti ctutlio-
rised
by
this Order will be situate wholly in tlic county
of Fife and is-
Work A.-A lowering
and
alteration of the levels of
the main road from Dundonalcl to Auchterderran
in the village
of
Cardenden in the parish of
Auchterderran between points respectively sit-
uate
60
yards or thereabouts south and 20 yards
or
thereabouts north of the centre of the bridge
carrying the London and North Eastern Railway
(Dunfermline
and
Thornton Section) over
t
he
said road.
6.
And whereas in the construction of the new
Ownersmay
tramways or otherwise in the exercise
by
the Company
be
required
of
the powers
of
this Order
it
may happen that portions
2gtfParts
only of certain properties shown or partly shown on the
certain
deposited plans will be sufficient for the purposes of the
properties.
Company and that such portions or some other portions
less than the whole can be severed from the remainder
of the said properties without material detrinient thereto
Therefore the following provisions shall have effect
:-
(1) The owner
of
and persons interested in
ally
of the
properties whereof the whole or part is clescrik)ecl
in the Schedule to this Order and whereof a
portion only is required for the purposes
of
the
Company
or
each
or
any of them are hereinafter
included in the term
"
the owner
"
and the
said properties are hcreinaftcr referred to
as
"
the scheduled properties
"
:
(2)
If
for twenty-one days after the service of notice
to treat in respect of a specaified portion of
any
of the scheduled properties the owner shall
9
[Ch.
ii.]
Dunfermline and District
[16
GEO.
5.1
Tramways
(Extensions) Order Con$rmation Act,
1926.
A.D.
1926.
fail to notify in writing to the Company that
he
alleges that such portion cannot be severed
from the remainder of the property without
material detriment thereto he may be required
to sell and convey to the Company such portion
only without the Company being obliged
or
compellable to purchase the whole the Company
paying for the portion
so
taken and making
compensation for any damage sustained
by
the
owner by severance or otherwise
:
(3)
If within
such
twenty-one days the owner shall
by
notice in writing to the Company allege
that such portion cannot be
so
severed the
tribunal shall
in
addition to the other questions
required to be determined by the tribunal
determine whether the portion of the scheduled
property specified in the notice to treat can
be severed from the remainder without material
detriment thereto and if not whether any and
what other portion less than the whole (but
not exceeding the portion over which the
Conipany have compulsory powers of purchast.)
can be
so
severed:
(1)
If
the tribunal determine that the portion of the
scheduled property specified in the notice to
treat or any such other portion as aforesaid
can be severed from the remainder without
material detriment thereto the owner may be
required
to
sell and convey to the Company
the portion
so
determined to be severable
without the Company being obliged
or
com-
pellable to purchase the whole the Company
paying such sum for the portion taken by
them including compensation
for
any damage
sustained by the owner by severance or otherwise
as shall be awarded by the tribunal
:
(5)
If
the tribunal determine that the portion of
the scheduled property specified in the notice
to treat can notwithstanding the allegation
of
the owner be severed from the remainder
without material detriment thereto the tribunal
may in its absolute discretion determine and
order
that
the costs charges and expenses
10
[lG
GEO.
5.1
Dunfermline
and
District
[Ch.
ii.]
Tramways
(Extensions)
Order
ConJirmution
Act,
1926.
incurred by the owner incident to the deter-
mination of any matters under this section
sliall be borne and paid by tlic owner
:
If
tlie tribunal determine that the portion of the
scheduled property specified in the notice to
treat cannot be severed from the remainder
without material detriment thereto (and whether
or
not the tribunal shall determine that any
othcr portion can be
so
severed)
tlie
Company
may withdraw their notice to treat and tlierc-
upon they shall pay to the owncr all costs
charges and expenses reasonably and jxoperly
incurred by
him
in consequence
of
such notice
:
If
the tribunal determine that thc portion
of
the
scheduled property specified in the notice to
treat cannot be severed from the remainder
without material detriment thereto but that
any such other portion
as
aforesaid can
be
so
severed thc Company in case they shall
not withdraw the notice to treat shall pay to
the owner all costs charges and expenses
reasonably and properly incurred by him in
consequence of such notice or such portion
thereof as the tribunal shall having regard
to
the circumstances of the case and their final
determination think
fit.
11
The provisions of this section shall be in forcc
notwithstanding anything in the Lands Clauses Con-
solidation (Scotland) Act
1845
contained and nothing
contained in
or
done under this section shall be held
as determining
or
as
being
or
implying an admission
that any of the scheduled properties
or
any part
thereof is
or
is not
or
but
for
this section would
or
would not be subject to the provisions of section
90
of
the Lands Clauses Consolidation (Scotland) Act
1845.
The provisions
of
this section shall be stated in
every notice given thereunder to sell and convey any
premises.
7.
The powers of the Company for the compulsory
purchase of lands for the purposes of this Order shall
cease after the expiration of three years from the
twenty-sixth day
of
July one thousand nine hundred
and twenty-five,
A.D.
1926.
Period
for
compulsory
purchase
of
lands.
A.D.
1926.
As
to
servitudes
over lands
taken
corn-
pulsorily
.
-
Compeiisa-
tioii
in
case
of
recently
acquired
interest.
Power to
deviate.
Power
to
cross
cer-
tain road
on
level.
[Ch.
ii.]
Dunfermline and District
[16
GEO.
5.1
Tramways (Extensions) Order ConJirmation Act,
1926.
8. All servitudes over any lands which shall under
the powers of this Order be acquired compulsorily
shall
as from the date of such acquisition be extinguished.
Provided that the Company shall make full com-
pensation to all parties interested in respect of any
such servitudes and such compensation shall be settled
in manner provided by the Lands Clauses Acts with
reference to the taking
of
lands otherwise than by
agreement.
9.
Por
the purposes of determining any question of
disputed compensation payable in respect of lands taken
under the powers of this Order the tribunal shall not
award any sum of money for
or
in respect of any
improvement alteration or building made or for or in
respect
of
any interest in the lands created after the
twenty-first clay
of
March one thousand nine hundred
and twenty-five if in the opinion
of
the tribunal the
improvement alteration
or
building
or
the creation of
the interest in respect of which the claim is made was
not reasonably necessary and was niade
or
created wit$
a
view to obtaining
or
increasing compensation under
this Order.
10. The Company in constructing the new Tramway
No.
3
on private lands may deviate laterally from the
line thereof shown
on
the deposited plans to any extent
within the limits of deviation shown
on
those plans
arid they may deviate vertically from the levels thereof
shown on the deposited sections except where such
tramway is laid across any public street or road to the
extent and subject to the conditions prescribed in the
case of
a
railway by sections
11
12 14 and
15
of the
Railways CXmses Consolidation (Scotland)
Act
1845.
11.
Subject to the provisions in the Railways
Clauses Consolidation (Scotland) Act 1845 and in Part
I
(relating to the construction of
a
railway) of the Railways
of
roads
on
the level the Conipany may in the construction
of
so
much of the new Tramway
No.
3
as
may be
constructed through private lands carry the same with
a
double line across and on the level
of
t’he public
road
in the parish
of
Auchterderran numbered
28
upon
tlie
deposited plans.
12
[ltj
GEO.
Ti.]
Duizfermliw
and
District
[Ch.
ii.]
Tramways
(Extensions)
Ode?
Confirmatioib
Act,
1926.
12. The provisions of the following sections of
A.11.
1926.
-_
the Order
of
lO0fi
the Order of
1910
the Orcler
of
1915
and the Order of 1920 shall
so
far
as
the same arc
of
certajrl
applicable in that behalf and are not inconsistent
of
with the provisions of this Order extend
aucl
apply
Orders
of
miit,atis mutandis to and in relation
to
the new
1806
to
tramways and thP street work and to thc purposes
1920.
of this Order as
if
the said sections with
all
nccessary
modifications were re-enacted iii this Order (that is
to say)
:---
Application
The
Order
of
1906
:--
Section
8
(Oorrectioii
of
errors
&c.
iii deposited
plans and book of rcfercnce)
;
Scction 10 (Persons under disability may grant
servitudes
&e.)
;
Section 13 (Inspection by Board
of
Trade);
Section
15
(Gauge of tramways)
;
Section
17
(Power to make
sulnsiclinry
works)
;
Section 18 (Vesting of sticet
works
in road
authority)
:
Section
19
(Tramways
to
he
licyt
on
levcl
of
surface
of
road)
;
Section
20
(€’la11
of
propos(x1
iiiocle
of
construction)
;
Scction
22
(Rails of tramways)
;
Section
dit
(I’enalty for
riot
riiaintiiiiiiiig rails
arid roads---Board
of
Track
inay
on complaint inspect t,ramways)
;
Section
24
(Local and road authority
to
have
access to sewers)
;
Section 25 (Crossovers to
be
constructwl
in
certain cases)
;
Section
26
(Power to nialre additional crossovers
and to double tramway lines)
;
Section
27
(Temporary tramways may be
macle
where necessary)
;
Section
28
(Company may reduce footpath
for
constructing tramways)
;
Section
29
(Application of road materials ex-
cavatsd in construction of works)
;
13
[Ch.
ii.]
/>ur~fer?~lirze
and
District
[16
(:EO.
5.1
Tramwuys
(Extensions)
Order
ConJirmatiorb
Act,
1926.
A.1).
1926.
Section
30
(Shelters or waiting rooms)
;
--
Sectlion
31
Section
32
Section
33
Section
34
(Att,achment of bruckets
&c.
to
Section
35
(Power to
lop
trees);
Section
43
(Passengers’ fares)
;
Section
44
(Passengers’ luggage)
;
Section
45
(Carriage
of
parcels)
;
Section
46
(Rates for parcels
&e.);
Section
47
(Service of carriages)
;
Section
48
(Cheap fares for labouring classes)
;
Section
49
(As
to fares on Sundays or holidays)
;
Section
50
(Periodical revision
of
rates
aid
Swtion
51
(Byelaws)
;
Section
52
Section
53
Scction
54
Scctioii
55
(Special provisions
as
to
use
of
clcctrical power)
;
Section
3;
(Alteration
of
telegraph lilies
of
I’ost-
mast er-General)
;
Sectioii
57
(For protection
of
Post
Offcc
telegraph lines)
;
Sect
ion
58
(Apparatus used for incchanical power
to
be
deemed part of tramways)
;
Section
59
(l’ower
to
acquire patent rights)
;
Scction
80
(Ag~*ecincnts
Tvith road authority)
;
Section
83
(l’ouw
to
provide anti rim
onini-
Section
86
Section
87
Section
88
Scction
91
(Recovery of penalties).
(Stopping of roads timing esecution
(As
to electrical works
Stc.);
(As
to
renioval of snow
&e.);
of
works)
;
buildings)
;
charges)
;
(Exemption
of
traiiiway
cars
ckc.
fro111
(J’oitalty for Inalicious daniagc)
;
(Provisions
as
to motive
power.)
;
licensing)
;
b11ses)
;
(Form
and
delivery
of
notices)
;
(Consents
of
local
or
road authority);
(References to arbitration)
:
14
[l6
GEO.
5.1
Dunfermline and District
[Ch.
ii.]
Tramways (Extensions) Order ConJirmatiosL
Act,
1926.
The Order of
1910:-
A.U.
1926.
--
Section
18
Section
19
(Power to deviate in constructing
street works)
;
Section
20
(.Junctions with
trariiwitys
&c.
which
can be worked in connection with
tramways)
;
(As
to
geiieratiiig stat,ions)
;
Scctioii
21
(IVorliing agreements)
;
Section
23
(Use of tramway posts
by
I’ost-
master-General).
The Order
of
1915:-
Section
16
Section
28
Section
29
(Power to lease tramways);
(New shares to be subject
to
same
(New shares to form part
of
capital
of
incidents
as
other shares)
;
Company)
;
Section
30
Section
31
Scctioii
38
(Interest not
to
be
paid
out
Scction
40
(Deposit for fiiturcb
Ordcrs
not to
(llividends on new shares)
:
(Restriction as
to
votes in
respect
preferential shares)
;
capital)
;
paid out
of
capital)
;
of
of
be
Section
41
(l’rovision
as
to
general Tramway
Acts).
‘rile
Order
of
WO
:--
Section
ti
Section
7
Section
8
(Increase
of
fares rates
and
charges)
;
(Return tickets
for
labonring classes)
;
(Amendment
of
Orders of
1906
to
1915).
13.
‘rhe
new tramways shall
for
all purposes be
N
ew
traiiin8)?
to
uiltlertitking.
forin
pa1
t
of
deemed to be part, of the undertaking.
14.
The
new
tramways and the street
work
shall he
I’crioci
for
conipleted within five years from the twenty-sixth
dsy
com1)l(>tic)11
of
July one thousand nine hundred and twenty-five and
tramm
ay?
on the expiration
of
that period the powers
by
this Order
and
street
granted to the Company for executing the same
or
work.
otherwise in relation thereto shall cease except as to
SO
much thereof
as
shall then be completed.
of
new
15
A.D.
19%.
Penalty
imposed
unless
new-
tramways
opcned
within
limited
timc.
_-
[Ck.
ii.]
l~u~~femliue
and
District
tl6
CEO.
5.1
Yramwuys
(ExterLsions)
Order
Confirmution
r-l
ct,
19%.
15.
If
the
Coinlmny fail witliin the period limited
by
thjs Order to corripletc tlic new tramways or any
of
tlicin and open the same for public traffic the Conipany
shall be liable
to
a
pciia1t)y of
fifty
pounds a day for every
day after tlic expiration of the said period until such
tramways are complcted and opened for public traffic
or until tlie sum receivcd in respect
of
such penalty
amounts to five per ccntum on tlic estirnated cost
of
the uncompleted tramway
or
tramways and the said
pcnalty may be applied for by any road authority lantl-
owner or other person clainiiiig to be cornpensated
or
intcresttd in accordance with the provisions of the next
following section of this Order and in the same manner
as the penalty provided in section
3
of the Railway and
Canal Traffic Act
1854
And every sum of money
recovered by way of such penalty
as
aforesaid shall bc
paid under the warrant or order of such court or judge
as
is
specified in that section to an account opened
or
to
be opened in the name of the King’s and Lord
Treasurer’s Remembrancer on behalf of tlie Court
of Exchcquer in Scotland in tlie bank and to the credit
specified in such warrant
or
order and shall not loexpaid
thereout except as hercinaftcr provided But no penalty
shall accrue in rcspect of
any
time during which it shall
appear by a certificate
to
be
ohtained from the Jlinistcr
of Transport that
the
Company
were
preventcd from
coriiplct ing
or
opening any tramway by unforcsecri
accident or circurnstariccs beyond their control Providtd
that tlic want of sufficicmt funds shall not
be
held to be
a
circumstance beyond their control.
Application
of
penalty.
16.
Every sum of money
so
recovered
hy
way of
penalty as aforesaid shall be applicable and after due
notice in the Edinburgh Gazette shall be applied towards
compensating any landowners
or
othcr persons
urhose
property may have been interfered with
or
otherwise
rendered less valuable by the comrnencement construction
or abandonment of the new trainways or any portion
thereof in respect of the non-completion of which the
same was recovtwcl
or
who
may have been subjected to
injury or loss in consequence of tlie compulsory powers
of taking property conferred upon the Company by this
Order and also in compensating all road authorities
for the expense incurred by them in taking up any such
tramways or any portion thereof
or
materials connected
16
[lS
GEO.
5.1
Ibunfwmline
and
District
[Ch.
ii.]
Tramways (Ezlmsions) Order
Confirinntion
Aci,
1923.
therewith placed by the Company in or on any road
A.1).
1wi.
vested in
or
maintainable by such road authorities
~
respectively and in making good all damage caused to
such roads by the construction or abandonment of any
such tramway or portion thereof and shall be distributed
in satisfaction of such compensation as aforesaid in such
manner and in such proportions as to the Court
of
Exchequer in Scotland may seem
fit
And if no such
compensation shall be payable or if a portion of the sum
or sums of money
SO
recovered by way of penalty as
aforesaid shall have been found sufficient to satisfy all
just claims in respect of such compensation then the
said sum or sums of money recovered by way of penalty
or
such portion thereof as may not be required as afore-
said shall if a judicial factor has been appointed or the
Company is insolvent and has been ordered to be wound
up or tlie tramway or tramways in respect of which thc
penalty has been incurred or any part thereof
has
been
abandoned
be
paid
or
transferred
to
such judicial factor
or to the liquidator or liquidators of the Company or be
applied in the discretion of the Court as part of the assets
of the Company for the benefit
of
the creditors thereof
and subject to such application shall
bc
repaid
or
re-transferred to the Conipany.
17.
The provisions of section 82
(As
to purchase of
l’urchnse
undertaking) of tlie Order of 1906 as amended by section
of
11~~
24
(As
to purchase of tramways by local authorities) of
trnl’rnaSs.
the Order of 1910 shall extend and apply to the new
tramways and the undertaking by this Order authorised
as if such tramways and undertaking had been authorised
by
the Order of 1910.
18.
Subsection
(1)
of section
83
(Power to provide
A4n1en(ling
and run omnibuses) of the Order of 1906 shall be read
sectiorls3
and have effect as if the words “but such omnibuses
shall not be run to a greater distance than five miles
from the tramways
”
bad been omitted therefrom.
Provided that nothing in section
83
of the Order of
1906 or in this Order shall impose any obligation upon or
enlarge any obligation of any railway coinpany to
strengthen adapt alter
or
reconstruct any bridge or
1*ostf
rnaintainablc
by
them.
of
Ortlrr
of
K
1i
[Ch.
ii.1
Dunfermline
and
District
[16
GEO.
5.1
Tram,ways
(Extensions) Order Con.r?nation
Act,
1926.
A.D.
1926.
Abandon-
mcnt
of
certain
tramways
and works
anthorisrd
by Orders
of
1910
and
1915.
19. The Company shall abandon the construction
of
~
the tramways and portion of tramway and the street works
hereinafter mentioned (that is to say)
The Tramways
Nos.
1
la
and
2
and the Street
Works A
B
C
and
D
authorised by thc Order of
1910 and
so
much of the Tramway
No.
3
anthorised by that Order as lies between its
commencement and its junction in Admiralty
Road with the Tramway
No.
4
authorised by
the Order of 1915; and
(2)
The Tramway
No.
8
authorised by the Order of
1915.
and
works
nhand
oned.
Compensa-
tion to
be
made in
respect
of
tramways
and works
n
handoned.
Compensa-
20.
The abandonment by the Company under t)he
t,ion for
authority of this Order of any tramway
or
portion of
to
tramway
or
works
shall not prejudice
or
affect the right
land by
of
the owner
or
occupier of any land to receive compen-
entry
&
c
.
for
purposes
sation for any damage occasioned by the entry of the
oftramways
.-
Company on such land for the purpose of surveying and
taking levels
or
probing
or
boring to ascertain the nature
of the soil
or
setting out the lines of tramways and shall
not prejudice
or
affect the right of the owneGor occupim
of any land which may have been temporarily occupied
by the Company to receive compensation for such
temporary occupation
or
for any loss damage
or
injury
which has been sustained by such owner
or
occupier by
reason thereof
or
of the exercise as regards such land
Gf
any of the powers contained in the Order of 1910
or
the
Order of 1915.
21.
If
before the commencement of this Order any
contract has been entered into
or
notice given by the
Company for the purchasing of any land for the purposes
of
or
in relation to the tramways or portion of tramway
or
works authorised to
be
abandoned by this Order. the
Company shall be released from all liability to purchase
or
to complete the purchase of any such Innd but not-
withstanding full compensation shall be made by the
Company to the owners and occupiers or other persons
interested in such land for all injury or damage sustained
by them respectively by reason of the purchase not being
completed pursuant to the contract
or
notice and
thc
amount and application
of
the compensation shall
in
case
of
dispute be detcrmined in manner provided
by
thc
1,aJids
18
[lCi
GEO.
5.
j
Dunfermline and District
[Ch.
ii.]
Tramways (Extensions) Order ConJrmation
Act,
1926.
Clauses Acts for determining the amount and application
A.D.
1926.
of
compensation paid for lands taken under the provisions
thereof.
_.
22. The Court of Exchequer in Scotland may aiid
Eeleaseof
shall on the application of the Company at any time
Portion of
after the commencement of this Order order that the
~~~~~e~~~
sum of one thousand three hundred and fift,y-four pounds
lylo.
three shillings portion
of
the new tramways deposit fund
referred to
or
mentioned in section 27 (New tramways
deposit fund not to be repaid except
so
far as new tram-
ways are opened) of the Order of 1910 (being five per
centum upon the estimate for the Tramways Nos.
1
la
and
2
and the portion of the Tramway No.
3
authorised
by the Order of 1910 and by this Order authorised to be
abandoned) and the interest and dividends thereon shall
be pamid
or
transferred to the Company
or
to any person
or
persons whom the Company may appoint in that
behalf.
23.
The powers granted by the Order of 1910 and
Exteiidiiig
extended by the Order
of
1915 and the Order of 1920
period for
for the construction of the Tramways Nos.
4
9 and 9a and
::$?:
the Street Work
M
authorised by the Order of 1910 and
tramways
so
much
of
the Tramway No.
3
authorised by that Order
andworks
as
is not by this Order authorised to be abandoned are
authorised
hereby further extended and may be exercised by the
b’orde?
Company for the period of five years from the twenty-
sixth day
of
July one thousand nine hundred and twenty-
five and section
14
(Period for completion of new tramways
and street works)
of
the Order
of
1910 shall be read and
construed as if the period by this Order limited for the
completion of the said tramways and portion of tramway
and the said street work had been the period limited by
the Order
of
1910 for the conipletion thereof and sections
27
(New tramways deposit fund not to be repaid except
so
far as new tramways are opened) and
28
(Application
of new tramways deposit fund)
of
the Order of 1910 shall
be read and construed as if the period by this Order
limited for the completion of the said tramways and
portion
of
tramway had been the period limited by the
Order of 1910 for the completion thereof.
If
the said tramways and portion of tramway and the
said street work are not completed within the said period
of five years then
0x1
the expiration of that period
the
of
1910.
c
19
[Ch.
ii.]
Durgernali?ze
and
District
[16
GEO.
5.1
.Tramway?
(Exlensiom)
Order
ConJirrnatiofb
Act,
1926.
A.D.
1926.
powers for making and cornplethig the same or otherwise
I
in relation thereto shall cease except
as
to
so
much thereof
as
shall then be completed.
Reviving
powers
and
extending
periods
for
CO
mpu
lsory
purchaso
of
lands and
c~mpletion
of
ccrtaiii
tranin
ays
and
works
authorised
by
Wemyss
Order
of
1910.
24.-(1) The powers granted by the Wemyss Order
of 1910 and extended by the Wemyss Order of 1913 and
the Order of 1916 and revived
and
further extended
by
the Order of 1920 for the compulsory purcliase of lands
for the purposes of the Tramways
Nos.
2
2a
and
3
and
the Street
Works
H
J
K
L
53
N
0
and
I’
authorised by
the Wemyss Order of 1910 are hereby revivcd and further
extended and
shall
continue in force and may be exprcisecl
by the Company for the period of three years from the
twenty-sixth day of July one thousand nine hundred and
twenty-five and on the expiration of that period those
powers shall cease.
(2)
The powers granted Iny the Wemyss Order
of
1910 and extended by the Order of 1915 and the Order
of
1920 for the construction of the said Tramways
Nos.
2 2a and 3 are hereby further extended and may be
exercised by the Company for the period of five years
from the twenty-sixth day
of
July one thousand nide
hundrcd and twenty-five and section 12 (Period for
completion
of
tramways) of the Wemyss Order
of
1910
and
sections 25 (Penalty imposed unless new and trans-
ferred tramways opened within limited time) and
26
(Application of penalty) of the Order of 1915 shall bc
read and construed
as
if tlie period by this Order limitcd
for the completion of the said traniways had
becn
thc
period liniited by the
Wernyss
Order
of
1910 and thc
Order of 1915 for the completion thereof.
If
the said tramways are not completed witliin the
said period of five years then on tlie expiration of that
period the powers for malting
and
completing tlie same
or otherwise in relation thereto shall cease except as to
60
much thereof
as
shall
then be completed.
25.-(1) The powers granted
by
the Order
of
1!)15
ancl rcvivcd
and
extciicletl
by
tlir.
Ordcr
of 1920 for
thc
compulsory purchase of lands for ttic
purposw
of
the
Tramways
Nos.
2
3
5
and
7
authorised
by
tlic Order
of 1915 are hereby revived and furtlicr extended and
shall continue in force and may
be
exercised by the
Company for the period
of
three years from the twenty-
sixth
day
of July one tliousand nine huizdretl ant1
20
[
16
GEO.
5.1
I)un
fertnlirzc and
Districl
[Ch.
ii.]
TramwaytY
(h’xtcnsion.s)
Order
C‘on$rmaliotL
Act,
1926.
twenty-five and
on
tlie cxpiration of that period tliosc
A.1).
1935.
(2)
The
powcrs
granted by the Order
of
1915 and
powers shall cease.
~
tramways
extended by the Order of 1920 for the construction of
by
Or(1cr
the said Tramways
Nos.
2
3
5
and
7
are hereby further
of
1‘315.
extended and may be exercised by the Company for
the period of five years from the twenty-sixth day of
July one thousand nine hundred and twenty-five and
sections
11
(Period for completion of new tramway)
25
(Penalty imposed unless new and transferred tramways
opened within limited time) and
26
(L4pplication of
penalty) of the Order of 1915 shall be read and construed
as if the period by this Order limited for the completion
of the said tramways had been the period limited by
the Order of 1915 for the completion thereof.
If
the said traniways are not completed within tlic
said period of five years then on the expiration of that
period the powers for making and completing tlie same
or
otherwise in relation thereto shall cease except as to
so
much thereof as shall then be completed.
26. For the protection of the county council of the
For
protec-
county of Fife and the Kirkcaldy District Committee of
tion
of
Fife
that county council (hereinafter in this section respec-
g:::ig
tively referred to as
“
the county council
”
and
“
the
and
district conimittee
”
)
the following provisions shall unless
Kirkcaldy
otherwise agrccd upon between the county council or
District
the district committee as thc case may be and the Com-
(‘ornmittcc.
paiiy have effect (that is to say)
The Company shall not construct or work
Tramway
No.
9 authorised by the Order of 1910
until the bridge carrying the road from Auchter-
derran to Cardenden over the river Ore has been
made in all respects safe and suitable to carry
a
tramway and
in
the event
of
the road authority
rebuilding the said bridge prior to the con-
struction
of
the said tramway the Company
if and when their tramway is laid
on
the re-built
bridge shall contribute
a
share of the cost
incurred by thc road authority in such re-
building the share of such cost payable by the
Company being the same proportion of the total
cost as the width of the road maintainable by
the Company bears to the total width of the
road
to be carried by the bridge as re-built
:
(J
2
21
[Ch.
ii.]
Dunfermline ami District
[16
G1~:o.
5.1
Tramways
(Extensions)
Order ConJirmation
Act,
1926.
A.D.
1926.
I
(2)
If
the Company alter the level of any road the
portion
of
the road
so
altered and also in the
case
of
widenings of tthe road the additions
to
the existing road shall be bottomed with nine
inches
of
whinstone rubble and finished with
six inches of whinstone metal properly con-
solidated and the drainage system and fencing
of
the road in
so
iar as t,he same may have been
dislocated by the Company's operations shall be
reinstated in such a manner that the road shall
be drained and fenced in
as
efficient
a
manner
as
it
was before the comrnencement of the
Company's operations all at the Company's
expense
:
(3)
The Company shall if and when required by the
district committee sufficiently fence to the
reasonable satisfaction
of
the district committee
such portion or portions
of
the highway as may
have been rendered dangerous by reason
of
the
construction existence or
iise
of
the new tram-
ways
:
(4)
The Company shall not without the consc~lt
of
the district committee use salt or
my
othcr
material for thawing
ice
or
snow
on
any
highway
:
(5)
The surplus paving mctalliiig
or
inaterial
which
the Company are required
by
section
29
of
the
Order of
1906
to deliver to the surveyor of thc:
road authority shall be delivered to him at such
point
on
the tramway route not being at a
greater distance than one mile from the point
where the said
surphis
paving metalling or
material was excavated
as
the surveyor may
require
:
(6)
If
any standard or
plc
oii
the liiie of the 11cw
tramways after erection is an obstruction
to
the piiblic traffic the ('onipany shall alter the
position thereof in such manner as the county
council
or
district committee shall reasonably
require Provided that no standard
or
pole
shall be erected on the carriageway except with
the
consent
of
the
Ministcr
of
Transport
:
b>
.>
id
[I6
GEO.
5.1
Dunfermline
and
District
[Ch.
ii.]
Tramways
(Extensions)
Order
ConJirrnation
Act,
1926.
(7)
Notwithstanding anything contained in section
30
A.
1).
1:)3(i
of
the Order
of
1906
the Company shall not
--
erect except in such position
as
failing agreement
between the Company and the county council
or
district committee
as
the case may be shall
be determined by arbitration as hereinafter
provided any sheds or shelters
or
waiting
rooins
within twenty-five feet
of
the centre of the
highway without the consent of the district
committee
:
(8)
Notwithstanding anything contained in section
26
of
the Order
of
1906
the consent of the district
committee shall be obtained prior
to
the con-
struction
of
any crossover within their district
under the provisions
of
that section but such
consent shall not be unreasonably withheld and
any question
as
to whether
or
not any such
consent is unreasonably withheld shall be de-
termined by the Minister of Transport
:
(9)
The expression
"
local authority
or
authorities
"
in sub-section
(3)
of
section
83
of the Order
of
1906
shall include the county council
:
(10)
Sections
30 32
and
33
shall in relation
to
the new tramways
apply to the county council with reference to
the water and gas mains pipes
and
apparatus
belonging to the county council in like manner
as the same apply to
R
company
or
person
being the owner
of
water or gas pipe.
or
mains
:
(11)
Tf
any difference shall arise between the
Corn-
pany and the county council
or
the district
committee under this section (other than sub-
section
(8)
hereof) such difference shall be
determined by
an
arbiter to be agreed upon
between the parties or failing agreement to be
appointed by the sheriff of Fife and Kinross
on
the application of either party.
27.
For
the protection
of
the county council of the
For
protec-
county of Fife and the Dunfermline District Committee
tion
of
Fife
of
that county council (hereinafter in this section
~~~~~~
respectively referred
to
as
"
the county council
"
and
andtheir
"
the district committee
")
the following provisions shall
Dunferm-
unless otherwise agreed upon between the county council
line
District
Committee.
23
[Ch.
ii.]
Dunfermline
and
Dhtrict
[16
GEO.
6.1
Tramways
(Extensions) Order
Conjwnation
Act,
1926.
\.I).
I!)E6.
or the district committee as the case may be and the
-
Company have effect (that is to say)
The Company shall notwithstanding anything
contained in this Order or shown upon the
deposited plans construct the new Tramway
No.
1
as
a
single line throughout its entire
length
:
(2)
Wherever the carriageway of Main Street Kelty
is of
less
width than twenty-three feet the
Conipany shall before or concurrently with the
construction of the
new
Tramway
No.
1
widen
such carriageway
so
as tc give
a
minimum road
width throughout of twenty-three feet
to
the
reasonable satisfaction of the district committec
and may for
that
purpose reduce the width of
the footpath or waste on each or either side
of
such street Provided that any land required
for the purpose of widening such carriageway
shall be provided
by
the county council or the
district committee free of charge to the Company
and that no such footpath shall be reduced to
such an extent as to be less than five feet wide
:
(3)
The provisions of the immediately preceding
section of this Order other than the provisions
of subsection
(1)
thereof shall
so
far as applicable
cxtend and apply to and for the protection
of
the county council and the district committec.
For
1)rott.c-
28. For the protection of the London and North
tion
of
Eastern Railway Company (in this section referred to as
Lodoll
ancl
66
the railway company
”)
the following provisions shall
Sort11
I~hsterll
apply and have effect unless otherwise agreed between
j3ailuay
the Conipany and the railway company (that is to say)
:-
CO111
])ally.
(1)
The provisions of section 12 (For protection of
North British Railway company) of the Order
of 1910 shall extend and apply mutatis mutandis
to
the railway company and to
(A)
the new
trainways and the street
work
by this Order
autliorisecl and
(
B)
the tramways and street
works referred to in the section of this Order
of
which the marginal note is
“
Extending
1wriod for
coinl)lction
of certain trainways and
works
authorised
by
Order of 1910
”
:
24
$EO.
5.1
Dunfermline and District
[Ch.
ii.]
-amways (Extensions) Order ConJirmation
Act,
1926.
(2)
The provisions of section
32
(For
protection of
A.1).
1926
North British Railway Company) of the Wemyss
-
Order of
1910
shall also extend and appky
mutatis mutandis to the railway company and
to the tramways and street works referred to
in the section of this Order
of
which the marginal
note is
“
Reviving powers and extending periods
for
compulsory purchase of lands and completion
of
certain tramways and works authorised by
Wemyss Order
of
1910
”
:
In
constructing maintaining and using either the
Tramway
No.
1
by this Order authorised across
the railway company’s Blairadam Branch Itail-
way on the level or the Tramway
No.
3
by this
Order authorised across the railway company’s
Ilundonald Branch Railway on the level and any
works relative to the said construction niain-
tenance or user the Company shall carry out
their works
so
as not to injure or interfere with
the use of the said railways for railway traffic
either during or after the construction
of
the
said tramways
or
either of them
or
cause any
interruption to the traffic on such railways and
shall at their
own
expense make all such altera-
tions as may be reasonably necessary in the
permanent way and works
of
the said railways
at such level crossings The Company shall
at
their own expense provide properly constructed
level crossing gates and signals and point and
gate rodding locking and all such
works
inci-
dental thereto as may be reasonably necessary
to enable the said Tramway
No.
3
to cross the
railway company’s Dundonald Branch Railway
on
the level and the railway company shall
be
entitled to employ and
pay
such
a
number
of
gatekeepers as may be reasonably necessary to
operate the gates at the said level crossing
at
such tinies as may be required
to
suit the traffic
requirements and the
cost
of employing such
gatekeepers shall be repaid to the railway coni-
pany by the Company The Company shall
also on denland pay the extra cost reasonably
due to the construction or user of
the
said
Tramways
Nos.
1
and
3
of
maintaining the
25
[Ch.
ii.]
Dunfermline and District
[l6
GEO.
5.3
Tramways
(Extensions) Order Confirmation Act,
1926.
AD.
1926.
I
altered works and as regards Tramway
No.
3
the Company shall also pay the cost of providing
maintaining and working such safety devices
as may be agreed between the Company and
the railway company
or
failing agreement as
shall be determined by the Minister of Transport
:
(4)
The Company shall not in the construction
alteration maintenance renewal
or
use of the
said Tramways
Nos.
1
and
3
or
relative works
render less convenient the access
to
any station
depot or other work
or
property of the railway
company and the (‘ompany shall not stop their
cars
or
otherwise interfere with
or
obstruct
the traffic
of
the railway company
on
the
said
crossings
:
(5)
Any works in
so
far
as
they may affect or
interfere with the works
or
property of the
railway company shall if the railway company
so
require be executed by them at the reasonablc
expense of the Company
If
the railway com-
pany intend
so
to execute such works they
shall give to the Company notice of their
intention and shall commence execute and
complete the said works with all reasonable
despatch Provided that unless the railway
company give the said notice to the Company
within fourteen days after receiving from the
Company the notice hereinbefore prescribed
the Company may in accordance with such
plans sections and specifications and under
such superintendence
as
are
provided by
section
12
of the Order of
1910
themselves
proceed to execute the works:
(6)
The Company shall be responsible for and make
good to the railway company all losses damages
and expenses which may be occasioned to the
railway company by
or
by reason of the
execution alteration
or
failure of any of the
intended works or by reason of any act
or
omission of the Company
or
their contractors
or
of any person in the employ of either
of
them and the Company shall effectually in-
demnify the railway company from all claims
and demands upon
or
against them by reason
26
[16
GEO.
5.1
Dunfermline and
Dislrict
[Ch.
ii.]
Tramways (Extensions)
Order
Conjkmation
Act,
1926.
of such execution
or
failure or of any such
A.D.
1926.
act
or oniission:
(7)
'I'hc Company shall on demand pay to the
railway company the reasonable expense
of
the employment by the railway company during
thc execution alteration repair or renewal by
the Company under this Order of any
work
affecting the railway company's railways
or
other work belonging to the railway company
of
a
reasonably sufficient number of inspect
ow
watchmen and signalmen to be appointed by
the railway company for preventing all inter-
fcrence obstruction danger and accident from
any
of
the operations acts
or
defaults of
the
Company or their contractors or
of
any person
in the employ of either of them
:
(8)
If
any difference shall arise under subsections
(3)
to
(7)
of this section the same shall except
so
far
as
otherwise provided by this section
be
detcrmined in manner provided by section
12
of
the Order of 1910.
--
29. The Company may run through cars along any
Throng11
of the routes of the tramways or any specified portion
cars.
thereof and such cars shall be distinguished from other
cars in such manner
as
may be directed by tjhe Company
and they may demand and take for every passenger
by such cars
a
fare
or
charge not exceeding the maximum
fare or charge authorised or chargeable for and in respect
of the whole of such route or the whole of the portion
thereof traversed by any such car Provided that
during the running of such through cars the Company
&all maintain
a
reasonably sufficient ordinary service
of cars.
Orders of
1906
to 1926 to the contrary the Company
reservecars
may on any occasion run and reserve cars on any of the
~~r)~~~l
tramways for any special purpose which the Company
may consider necessary
or
desirable Provided that such
special cars shall be distinguished from other cars in
such manner as may be directed by the Company and
that during the running of such special cars the Company
shall maintain a reasonably sufficient ordinary service
of cars.
30.-(
1)
Notwithstanding anything contained
in
the
Power
to
27
[Ch.
ii.]
Dunfermline and District
[lG
GEO.
5.1
Tramways (Extensions) Order ConJirmation
Act,
1926.
.I.
1,.
1
!)”.
(2)
The Company may make byelaws for pro-
hibiting the use
of
any such cars by any persons
other
than those for whose conveyance the same are reserved.
(3)
The restrictions contained in the Orders of
1906
to
1926 as to fares or charges for passengers shall
not extend to any special cars run upon the tramways
and in respect thereof the Company may demand
and
take such fares or charges as they shall think
fit.
31.
For
the bettcr regulation
of
persons desiring to
travel in the cars
on
the tramways
the
Company may
rrialie byelaws requiring persons waiting to enter
such
cars at any stopping place
or
terminus upon any
of
thc
tramways to wait in lines
or
queues and
to
enter such
cars in the order in which they stood in such line or
queue and in the event of the Company making any such
byelaws they may ercct and maintain barriers and posts
at any stopping place
or
terminus and for that purpose
may with
the
consent
of
the road authority use part
of
the highway.
32.
All
byelaws made by the Company under thc
marginal notes are respectively
“
Power to reserve cars
for special purposes
”
and
“
Power to require intending
passengers to wait in lines
or
queues” shall be made
subject to and in accordance with the provisions of the
with respect to the making of bye-
laws and shall be subject to the approval
of
the local
authority which approval shall not be unreasonably
withheld Any question as
to
whether or not any such
approval is unreasonably withheld shall be determined
by the Minister of Transport.
33.
The
Company may appoint the stations
and
places from which the cars
on
the tramways shall start
or at which they may stop for the purposes of taking
up
or
setting down passengers and may fix the time
during which such cars shall be allowed
to
remain at
any such place but any such appointment and the
fixing
of
any such tirne shall be subject to the conbent
of
the local and road authority
of
the district within
which that station or place is appointed which consent
shall
not
be unreasonably withheld and any question
as to whether or not any such consent
is
unreasonably
withheld shall be determined
by
the Minister
of
Transport.
--
Power
to
require
i1ltendi1lg
paweiigcw
towait
jnlirles
orqueucq.
Confirinn-
tion of
provisions of the sections of this Order whereof the
’
)JytAlal\
5.
Stopping
and
startirig
placrs.
28
[l6
GEO.
5.1
Dunfermline and District
[Ch.
ii.]
Tramways (Extensions)
Order
ConJrrnation Act,
1926.
34.
Notwithstanding anything contained in the
.i.D.
1846.
sections of this Order of which the marginal notes are
respectively
“
Power to require intending passengers
~~~t~~[~~:,eP
to wait in lines
or
queues
”
and
“
Stopping and starting
of
London
places
”
the Company shall not appoint any starting
and
North
or
stopping station
or
place
or
erect any barrier
or
Eastern
post nor shall the Company require persons waiting
Railway
at any stopping place
or
at any terminus to wait in any
C’O1l~pa~~y*
line
or
queue
so
as to obstruct
or
render less convenient
the access to
or
exit from any statkn
or
depot’ of the
London and North Eastern Railway Company
nor
shall any barrier
or
post be erected
or
maintained on
any bridge carrying any street
or
road over any railways
of
the said railway company.
tramways is caused by any vehicle breaking down
or
ohstruc-
any load falling from a vehicle the person in charge
tions.
of the vehicle shall forthwith remove the vehicle
or
load
so
as to prevent the continuance of the obstruction
and if he fails to do
so
the Company may
so
remove the
vehicle or load and may remove any other obstruction
of the like character to such traffic and may provide and
use all necessary plant and apparatus and take all
necessary steps to remove any such obstructions and the
Company shall in removing such obstruction conform
to the reasonable requirements of the police.
duties conferred on the Minister of Transport
or
the
kc.
by
giving by him of any consents under the Orders of 1906
Minister
Tralwport.
of
to 1926
or
any other Order relating to the Company
the provisions of Part
I
of the Board
of
Trade Arbitrations
&e. Act 1874 shall apply as if the Minister of Transport
were referred to therein in lieu
of
the Board of Trade
and
as
if
in section
4
of that Act the words “under
the seal of the Minister of Transport
”
were substituted
for
the words
“
by writing under the hand of the President
or
of one
of
the secretaries of the Board.”
-
35.
If
any obstruction to the traffic on any of the
Removal
of
36. In respect
of
the exercise of any powers
or
Inquiries
37. The Company may subject to the provisions of
Power
to
Part
I1
of
the Companies Clauses Act 1863 raise any
raise
ad&-
additional capital not exceeding in the whole
&e
hundred
and twenty thousand pounds nominal capital by the
issue at their option of new ordinary shares
or
new
preference
shares
or
wholly
or
partially
by
any one or
capital.
29
[Ch.
ii.]
Dunfermline and
District
[16
GEO.
5.1
Tramways (Extensions) Order ConJrmation
Act,
1926.
A.II.
19%.
more of those modes respectively but the Company shall
.--__
not issue any share of less nominal value than one pound
nor
shall any share vest in the person accepting the same
unless and until
a
sum not being less than one-fifth of the
amount, of such share shall have been paid
in
respect
thereof.
Power
to
borrow
in
respect
of
ac’dit”’‘a’
capit
38.
The C‘ompany may
in
respect of the additional
capital of
one
huiidred and twenty thousand pounds
which they arc by this Order authorised to raise from
time to time borrow on mortgage of the undertaking any
suni
or
sunis
not exceeding in the whole one-half
of
the
mnount of such additional capital for the time being issued
but
no
part of any such sum
or
sums shall
be
borrowed
iintil shares for the portion of capital in respect of which
the borrowing powers are to be exercised are issued and
accepted and one-half thereof is paid up and the Company
have proved to the sheriff who is to certify under the
forty-second section of the Companies Clauses Consolida-
tion (Scotland) Act
1845
(before he
so
certifies) that
shares for the whole of such portion of capital have been
issued and accepted and that one-half of such portion
has been paid up and that not less than one-fifth part
of
the amount of each separate share in such portion of
capital has been paid on account thereof before or at the
time of the issue
or
acceptance thereof and that such
shares were issued and accepted and to the extent
aforesaid paid
up
bona fide and are held by the persons to
whom the same were issued
or
their executors adminis-
trators successors or assignees and also that such persons
or
their executors administrators successors
or
assignees
are legally liable for the same and upon production to
siich sheriff of the books of the Company and of such
other evidence as he shall think sufficient he shall grant
a certificate that the proof aforesaid has been given which
certificate shall be sufficient evidence thereof.
Power
to
borrow
iii
respect
of
autharised
capital.
39.
The directors of the Company may without any
further or other authority than
is
given by this section
borrow on mortgage of the undertaking in respect of the
capital
of
three hundred and thirty thousand pounds
already raised by the issue of shares any sum
or
sums
not exceeding in the whole the sum of one hundred ancl
sixty-five thousand pounds.
30
[16
GEO.
5.1
Dunfermline and District
[Ch.
ii.]
Tramways (Extensions) Order ConJirrnation
Act,
1926.
40.
All moneys to be borrowed on mortgage under
A.D.
1~.
this Order shall rank equally from the time when the same
I
shall be advanced and the interest for the time being
MolleYH
due thereon shall have priority against the Company
on
and all the property from time
to
time of the Company
to
havc
over all other claims on account of any debts incurred or
priorit,y.
to be incurred or engagements entered into or to be
entered into by them after the commencement of this
Order but nothing in this section shall affect any claim
in respect of land acquired by the Company
.for
the
purposes of the undertaking
or
injuriously affected by
the construction of the tramways
or
by the exercise of
any of the powers conferred upon the Company.
41. Every mortgage of the undertaking shall be
Kiglitn
of
deemed to comprise all purchase money which may be
mortgagees
paid to the Company in the event of a sale to the local
on
de
of
authority under section
43
of the Tramways Act
1870
as
tramways.
modified by the Orders of
1906
to
1926
and may comprise
all
or
any moneys carried to the contingency fund
according to the terms
of
the mortgage and every
mortgage deed shall be endorsed with notice that the
mortgage will not be a charge upon the tramways or
the undertaking in the event of such sale.
Order of
1915
is
hercby
repealed but without prejudice
mrnt
of
to
any
appointment which may have been
nmde
or to the
continuance of any proceedings which
ma!:
have been
c~ommenced
prior
to the commencementfl
of
this Order
1
he mortgagces
of
the undertaking may enforce payment
of arrears of interest
or
principal
or
principal and
int,erest due on their mortgages by the appointment of
a
judicial factor and in order to authorise the appointment
of a judical factor in respect of arrears of principal the
amount owing to the mortgagees by whom tho applicatlion
for a judicial factor is made shall not be less than ten
thousand pounds in the whole.
43.
The Company shall not create debcnturc stock.
44.
All moneys raised under this Order whether by
~pplication
shares
or
borrowing shall be applied only to the purposes
of
moneys.
of
this Order and to the general purposes of the under-
taking being in every case purposes to which capital
is
properly applicable and the Company may apply
to
borrowed
42.
Section
35
(Appointment of judicial factor)
of
tllc
Ap1ioiiit-
factor.
ri
stock.
[Ch.
ii.]
Dzcnfermlive
and
District
[
16
GEO.
5.1
Tramways
(Extensions) Order ConJirrnation
Act,
1926.
A.D.
1026.
the
purposes
of this Order any moneys which they have
__
raised under the Order of 1906 the Order of 1910 and
the Order of 1915 and which may not be required for
the purposes of those Orders.
Repeal.
45. The following sections of the Order of 1906
the Order of 1910 the Order of 1915 and the Order
of
1920 are hereby repealed (that
is
to say)
:-
The
Order of 1906:-
Section 63 (Power to borrow)
;
Section 64 (Rights
of
mortgagees
011
sale
of
tram-
Section 66 (Company not to create debenture
Section
68
(Moneys borrowed
on
mortgage
to
ways)
;
stock)
;
have priority).
The Order of 1910
:-
Section 36
Section
37
(Moneys borrowed on mortgage
to
Scction
38
(Rights of mortgagees on sale of
Kcctioii
40
(('ompany
not to crcatc clebcnture
(Power to borrow)
;
have priority)
;
tramways)
;
stock).
Thc
Order
of
1915
:-
Section
32
Section
33
(Moneys borrowed
on
mortgage
to
Section
34
(Rights of mortgagees
011
sale
of
Section
36
(Company not to crcatc debenture
(Power to borrow)
:
have priority)
;
tramways)
;
stock).
'l'he
Order of
1980
:-
8,ect)ion
5
(
For ~)rotcction
of
Admiralty).
Accounts
to be
f~nished
to
Minister
of Trans-
port.
46.
'l'lic~
(:onipny
sfiall
in
every ycar within t'hree
months after the close of their financial year or such
longer period
as
the Minister of Transport may allow
furnish to the Minister of Transport
a
copy
of
the annual
accounts
of
their tramway undertaking.
32
[16
GEO.
5.1
Dunfermline and District
[Ch.
ii.]
Y'ra7nways
(Extensions) Order
C'ortflrmatioiL
Act,
1926.
47.
All
costs charges and
expenses
of
and incident
A.1).
1026.
to the preparing
for
obtaining and passing
of
this
Order
-
Costs
of
and the confirming Act
or
otherwise in relation thereto
Order.
shall
be paid
by
the Company.
The
SCHE
1)
ULE
referred
to
in
t
he
f
orc.goii
IQ
Order.
~'ROPlCR'J'llCS
C)F
\VHLCIl
1'0RTIONY
ONLY
MBY
BJC
ryAKEN.
Burgh
or
Parish.
Numbers
on
Deposited
Plans.
__
-
Burgh
of
Lochgelly
-
7
8
9
10 11
12
13
14
13
and
16
Parish
of
Auchterderran
21n.
Printed
by
EYXE
and
SPOTTISWOODE,
LTU.,
\\'ILLIAX
I~IVHAILD
CODLING,
Enq.,
C.V.O.,
C.U.E.,
the
King's
l'riutcr
of
Acts
of
Parliament.
FOR
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