Page:Public General Statutes 1896.djvu/443

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1896.
Light Railways Act, 1896.
Ch. 48.
423

those by whom it is made a proper opportunity of being heard in support of it.

Junctions with existing railways23. Any junction of a light railway authorised under this Act Junctions with any existing railway shall so far as is in the opinion of the Board of Trade reasonably practicable avoid interference with lines of rails used for passenger traffic.

Amendment of order24. An order authorising a light railway under this Act may be Amendment of altered or added to by an amending order made in like manner and subject to the like provisions as the original order.

Provided that—

(a) the amending order may be made on the application of any authority or person; and
(b) the Board of Trade, in considering the expediency of requiring the proposals for amending the order to be submitted to Parliament, shall have regard to the scope and provisions of the original order; and
(c) the amending order shall not confer any power to acquire the railway except with the consent of the owners of the railway.

Provision as to telegraphs 25. The definition of "Act of Parliament" in the Telegraph Act, 1878 41 & 42 Vict. c. 76., shall include an order authorising a light railway under this Act.

Application to Scotland26. This Act shall apply to Scotland with the following modifications:—

(1.) In section five of this Act the expression "Secretary for Scotland" shall be substituted for the expressions "Board of Agriculture" and " Board of Trade " respectively, occurring in that section;

(2.) References to the council of any county, borough, or district, shall be construed as references to the county council of any county, or the town council, or where there is no town council the police commissioners, of any burgh, or the commissioners of any police burgh, or the district committee of any district under the Local Government (Scotland) Act, 1889 52 & 53 Vict, c. 50; or in any county where there is no district committee any two or more parish councils may combine;

(3.) "Arbiter" shall be substituted for "arbitrator," and that arbiter shall be deemed to be a single arbiter within the meaning of the Lands Clauses Acts, and in lieu of the provisions of the Arbitration Act, 1889, the provisions of the Lands Clauses Acts with respect to an arbitration shall apply, except the provisions of the said Acts as to the expenses of the arbitration, in lieu of which the following provision shall have effect, namely, the expenses of the arbitration and incident thereto shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses, or any part thereof, shall be paid, and may tax or settle the amount of expenses to be so paid, or any part thereof, and may award expenses to be paid as between agent and client;