Macclesfield and District Tramways Act 1906

JurisdictionUK Non-devolved
Citation1906 c. clxxviii
[6
EDW.
7.] Macclesfield and District Tramways [Ch. Clxxviii.]
Act, 1906.
CHAPTER clxxviii.
An Act to incorporate the Macclesfield and District A.D. 1906.
Tramways Company and to empower that Company to
make and maintain tramways and other works in the
county of Chester and for other purposes.
[4th August 1906.]
\\J HEREAS the making and maintaining of the tramways and
» other works herein-after described and by this Act authorised
and the working of the tramways by mechanical power would be
of public and local advantage :
And whereas the persons in that behalf in this Act named
with others are willing at their own expense to construct the
tramways if authorised by Parliament so to do and are desirous
of being incorporated into a company (herein-after called " the
Company") with adequate powers for the purpose and it is
expedient that they be incorporated and empowered accordingly
as by this Act provided :
And whereas it is expedient that the Company and the local
and road authorities be empowered to enter into and carry into
effect agreements as herein-after provided and that the other
powers mentioned in this Act be conferred upon the Company
and that the provisions of the Tramways Act 1870 as to the
purchase of the undertaking of the Company should be modified
as herein-after mentioned :
And whereas plans and sections showing the lines and levels
of the tramways and other works as originally proposed to be
authorised by this Act and indicating the position thereof in the
streets or roads along which they are to be laid and showing the
[Price 5s. 6^.] A 1
[Gh.
ClXXViii.] Macclesfield and District Tramways [6
EDW.
7.]
Act, 1906.
A.D.
1906. lands as originally proposed to he taken compulsorily for the
purposes or under the powers of this Act and also hooks of
reference to those plans containing the names of the owners and
lessees or reputed owners and lessees and of the occupiers of
those lands were in the month of November one thousand nine
hundred and five deposited with the clerk of the peace for the
county of Chester and are herein-after respectively referred to as
" the originally deposited plans sections and books of reference " :
And whereas during the progress through Parliament of the
Bill for this Act an alteration was made in the description and
termination of Tramways Nos. 3 and 3A by this Act authorised
and a plan and section of the altered portion of the said tram-
ways and also a description of the additional Tramway No. 3B
substituted therefor describing the situation line and levels of the
said altered portions and also of the additional Tramway No. 3B
with a book of reference to the last-mentioned plan containing
the names of the owners or reputed owners lessees or reputed
lessees and occupiers of the lands through which the same will
be made were in the month of February one thousand nine
hundred and six deposited with the clerk of the peace for the
county of Chester and are in this Act respectively referred to as
" the amended plan section and book of reference" :
And whereas the purposes of this Act cannot be effected
without the authority of Parliament:
May it therefore please Your Majesty that it may be enacted
and be it enacted by the King's most Excellent Majesty by and
with the 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 :
Short title. 1. This Act may be cited as the Macclesfield and District
Tramways Act 1906.
Incorpora- 2. The Companies Clauses Consolidation Act 1845 Part I
tionofgene- (relating to cancellation and surrender of shares) and Part III
(relating to debenture stock) of the Companies Clauses Act 1863
as amended by subsequent Acts the Lands Clauses Acts and
section 3 (Interpretation of terms) Part II (Construction of Tram-
ways) and Part III (General Provisions) of the Tramways Act
1870 are (except where expressly varied by this Act) incorporated
with and form part of this Act Provided that the words in
section 19 of the Tramways Act 1870 "but nothing in this Act
2
[6"EDW. 7.] Macclesfield and District Tramways [Oh. clxxviii.]
Act, 1906.
" contained shall authorise any local authority to place or run A.D. 1906.
" carriages upon such tramway and to demand and take tolls and
" charges in respect of the use of such carriages " shall not apply
to the corporation of Macclesfield or to any local authority in
the event of their acquiring any of the tramways authorised by
this Act.
3.
In this Act the several words and expressions to which interpreta-
meanings are assigned by the Acts wholly or partially incorporated tion-
herewith have the same respective meanings unless there be some-
thing in the subject or context repugnant to such construction
And in this Act unless the context otherwise requires
"The Company" means the Company incorporated by this
Act;
" The borough " means the borough of Macclesfield;
" The corporation " means the mayor aldermen and burgesses
of the borough of Macclesfield ;
"The tramways" and "the undertaking" mean respectively
the tramways and other works and the undertaking by
this Act authorised;
"Mechanical power" includes electrical and every other
motive power not being steam or animal power;
" Engine " includes motor ;
The word " contingencies " in section 122 of the Companies
Clauses Consolidation Act 1845 shall with reference to
the Company be construed to include the contingency of
the undertaking being sold to the local aiithority under
section 43 of the Tramways Act 1870 at a sum less
than the aggregate amount of the capital and debts of
the Company;
And in this Act and for the purposes of this Act in the
Tramways Act 1870 and the recited Acts the expression
"local authority" shall mean in reference to any place
within a rural district the rural district council of that
district.
4.
William Leonard Madgen Alfred Christian Hobson Edmund Company in-
Nuttall William Robert Brown and all other persons and corpo-
COTPora
rations who have already subscribed to or shall hereafter become
proprietors in the undertaking and their executors administrators
successors and assigns respectively shall be and are hereby united
A 2 3

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