R.o.B Acts of Parliament
South Shields Corporation Act 1896 PART IV.-TRAMWAYS
Authorised tram routes
15). Subject to the provisions of this Act the Corporation may make form lay down use and maintain wholly in the borough the tramways herein-after described in the lines and according to the levels shown on the deposited plans and sections and in all respects in accordance with those plans and sections with all proper rails plates sleepers channels junctions turntables turnouts crossings passing places stables carriage-houses sheds buildings works and conveniences connected therewith (that is to say) :
Tramway No. 1.-A tramway 1 mile 4 furlongs and 5.60 chains in length commencing by a junction with the existing tramway at the junction of Fowler Street Mile End Road Ocean Road and King Street and proceeding along Fowler Street Westoe Lane Dean Lane and Laygate Lane and terminating by a junction with the existing tramway opposite the end of Frederick Street : Provided that Tramway No. 1 shall be laid as a single line except between the following points where it may be laid as a double line (that is to say) :
- From a point 0.18 chains north-west of the junction of
- From a point 0.25 chains north-west of the junction of
- From a point 0.20 chains north-west of the junction of Erskine Road with Westoe Lane to a point 1.30 chains north-west of the junction of Wharton Street with Westoe Lane ;
- From a point 1.20 chains south-east of the junction of
- From a point 2.15 chains south-east of the junction of Osborne Terrace, with
- From a point 2.10 chains south-east of the junction of George Potts Street with Westoe Lane to a point at the junction of Ada Str From a point 0-25 chains north-east of the junction of Imeary Street with Dean Lane to a point 3-15 chains south-west of the said junction;
- From a point 0-65 chains west of the junction of Marsden Street with Dean Lane to a point 1-80 chains east of the junction of Byron Street with Dean Lane ;
- From a point 1-05 chains west of the junction of Milton Street with Dean Lane to a point in Laygate Lane 2-65 chains north-west of the junction of Dean Lane with Laygate Lane;
- From a point 1-50 chains north-west of the North Eastern Railway Company's level crossing to a point 0-15 chains south-east of the junction of Dixon Street with Laygate Lane;
- From a point 0-50 chains south-east of the junction of Princes Street with John Williamson Street with Laygate Lane to a point 1-50 chains north-west of the junction of Adelaide Street with Laygate Lane:-
Tramway No. 1A.-A single line 0-90 chains in length commencing by a Junction with Tramway No. 1 in Fowler Street 0.55 chains south from the commencement of Tramway No. 1 and terminating by a junction with the existing tramway in King Street 0.S5 chains west of the junction of Tramway No. 1 with the existing tramway :
Tramway No. 1b - A single line 0.65 chains in length commencing by a junction with Tramway No. 1 in Laygate Lane 1.05 chains in a south-easterly direction from the termination of Tramway No. 1 and terminating in Green Street by a junction with the existing tramway 0.50 chains north of the centre of an imaginary line drawn across Green Street from the west corner of Green Street to the east corner of the same :
Tramway No. 2.-A tramway 3 furlongs 3.92 chains in length commencing by a junction with the existing tramway at the junction of Fowler Street Mile End Road Ocean Road and King Street and proceeding along Mile End Road and terminating at a point in that road opposite Green's Sailor Boys' Home 1.20 chains south of the junction of Mile End Road with Military Road: Provided that Tramway No. 2 shall be laid as a single line except between the following points where it may be laid as a double line (that is to say):
From a point 0.65 chains north of the junction of
From a point 0.85 chains north of the junction of
From a point 1.10 chains south of the junction of Ladies' Walk with
Tramway No. 2A.-A single line 0.80 chains in length commencing by a junction with Tramway No. 2 0.60 chains northward of the commencement of Tramway No. 2 and terminating by a junction with the existing tramway in King Street 0.45 chains west of the junction of the existing tramway with Tramway No. 2 :
Tramway No. 3.-A tramway 1 mile 3 furlongs 0.18 chains length commencing by a junction with Tramway No. 1 Laygate Lane 1.20 chains north-west of the junction of Dean Lane Laygate Lane and Stanhope Road and proceeding across Dean Lane along Stanhope Road Boldon Lane Hudson Street and Slake Terrace and terminating by a junction with the existing tramway 1-05 chains north-east of the termination o the existing tramway :
Provided that Tramway No. 3 shall be laid as a single line except between the following points where it may be laid as double line (that is to say) :-
- From the commencement of Tramway No. 3 to a point 1-05 chains south of the junction of Cordon Street with Stanhope Road;
- From a point 1.65 chains south of the junction of
- From a point in Stanhope Road 2 furlongs 3.30 chains from the commencement of Tramway No. 3 to a point 4.50 chains from the said point;
- From a point in Stanhope Road 1.75 chains north-east of point opposite to the centre of southernmost entrance to the West End Park to a point 2.75 chains south-west of the southernmost entrance to the West End Park;
- From a point in Stanhope Road 5 furlongs 3.60 chains from the commencement of Tramway No. 3 to a point in Stanhope Road 4.50 chains south-west of the first-named point;
- From a point 8.00 chains north-east of the junction of
- From a point 3-10 chains south-west of the junction of
- From a point 4.20 chains north of the junction of Stanhope Road with Boldon Lane to a point opposite the line of the south side of the Boldon Lane entrance to the Tyne Dock railway station ; From a point 1.25 chains measured in a northerly direction from the line of the abutments of the north side of the road bridge over Boldon Lane to a point 4.35 chains north of the said point; From a point 4-05 chains south of the junction of Lord Nelson Street with Hudson Street to a point four chains north of the said point ;
- From a point 0-40 chains north of the Junction of Dock Street with
Tramway No. 4.-A tramway 6 furlongs 4.42 chains in length commencing in Laygate Lane by a junction with the existing tramway 0.45 chains in a north-easterly direction from the junction of Tramway No. 1 with the existing tramway and proceeding along Frederick Street Reed Street South Eldon Street St. Mary's Terrace Dean Lane South Shields Road and Slake Terrace and terminating by a junction with the existing tramway at a point 1-90 chains from the point where a line drawn along the south wall of the Tyne Dock Hotel and continued would intersect the existing tramway:
Provided that Tramway No. 4 shall be laid as a single line except between the following points where it may be laid as a double line (that is to say) :
- From a point 0.50 chains in a southerly direction from the commencement of Tramway No. 4 to a point in Frederick Street 4.50 chains south of the said point;
- From a point 2 chains north of the junction of Walpole Street with Frederick Street to a point 4.20 chains south of the said point.;
- From a point in Frederick Street 2.10 chains north of the junction of Reed Street with Frederick Street to a point in Reed Street 1.65 chains west of the junction of Frederick Street with Reed Street ;-
- From a point in Reed Street 1.60 chains east of the junction of
- From a point 4-30 chains south of the junction of
- From a point 3.40 chains north-east of the point of intersection of the centre line of the North Eastern Railway with the centre line of Tramway No. 4 to a point 4 chains southwest of the said point;
- From a point 4.15 chains from a point opposite the east end of St. Mary's Terrace to a point in
- From a point 2.87 chains north-east of the termination of Tramway No. 4 to the said termination of Tramway No. 4.
Sections 16 (Gauge) to Section 22 Demise of 1881 Authorised Tramways
16. The tramways shall be constructed on a gauge of three feet six inches :-
Provided always that so much of section 34 of the Tramways Act 1870 as limits the extent of the carriage used on any tramway beyond the outer edge of the wheels of such carriage shall not apply to the carriages used on the tramways but no engine or carriage used on such tramways shall exceed six feet in width.
17. If the tramways are not completed within seven years from the passing of this Act then on the expiration of that period the powers by this Act granted to the Corporation for making and completing the tramways or otherwise in relation there to shall cease except as to so much of the tramways respectively as is then completed.
18. The meaning of the expression mechanical power wherever used in the Order of 1881 is hereby extended so as to include cables and electricity.
19. The following sections of the Order of 1881 (that is to say) :-
- Section 10 (Provisions as to construction of tramways) ;
- Section 11 (As to rails of tramways) ;
- Section 12 (Penalty for not maintaining rails and road in good condition) ;
- Section 14 (Additional crossings &c. may be made where necessary) ;
- Section 15 (Temporary tramways may be made where necessary) ;
- Section 16 (Application of road materials excavated in construction of works) ;
- Section 17 (Tramways not to be opened until certified by Board of Trade) ;
- Section 18 (Carriages may be moved by animal steam or mechanical power) ;
- Section 19 (Penalty for using steam or mechanical power contrary to Order or regulations) ;
- Section 20 (Bylaws) ;
- Section 21 (As to recovery of penalties) ;
- Section 22 (Amendment of the Tramways Act 1870 as to byelaws by local authority) ;
- Section 23 (Orders and byelaws to be signed &c.) ;
- Section 24 (Traffic upon tramways) ;
- Section 25 (Lessees not bound to carry animals goods &c.) ;
- Section 26 (Provisions as to carriage of animals goods &c.);
- Section 27 (Heavy traffic between
- Section 28 (Corporation may use tramways for sanitary purposes) ;
- Section 29 (Tolls and charges) ;
- Section 30 (Passengers' luggage) ;
- Section 31 (Cheap fares for labouring classes) ;
- Section 32 (Payment of tolls) ;
- Section 33 (Periodical revision of tolls) ;
- Section 34 (As to user of tramways and tolls thereon when open to be used by the public) ;
- Section 35 ('Tolls if tramways open to be used by the public) ;
- Section 36 (Servants of the promoters to ride in carriages &c. free of charge) ;
- Section 37 (Certain provisions of the Tramways Act 1870 as to licensees extended to persons using the tramways when open to the public) ;
- Section 38 (Carriages or horses unfit for use may be removed) ;
- Section 39 (Power to enter into agreements with respect to traffic &c.) ;
- Section 40 (Provisions as to arbitration) ;
- Section 43 (Saving for general Acts) ;
shall as extended by this Act so far as the same are applicable in that behalf and are not varied by or inconsistent with the provisions of this Act extend and apply mutatis mutandis to and in relation to the tramways by this Act authorised and in construing the said sections of the said Order for the purposes of this Act the word " Order " shall mean this Act the word " promoters " shall mean the Corporation and in sections 29 32 and 33 of and in Schedule B. to the said Order the word E` toll" shall mean " rates."
20. For the protection of the North Eastern Railway Company (in this section called "the railway company") the following provisions shall at all times unless otherwise agreed between the railway company and the Corporation apply and have effect (that is to say) :
- (1.) The provisions of section 7 (For protection of the North Eastern Railway Company) of the Order of 1881 shall so far as the same are applicable in that behalf extend and apply to the construction maintenance and use of Tramway No. 1 by this Act authorised across the railway of the railway company where it crosses Laygate Lane on the level as if such provisions were re-enacted in this Act and made expressly applicable to the said tramway and as if the expression " this Act" had been substituted therein for the expression " this Order" and the expression " the Corporation " for the expression " the promoters " :
- (2.) Where any tramway by this Act authorised is laid along a road over which any railway or works of the railway company are carried by means of a bridge the Corporation shall so construct and maintain the same and any apparatus as a motive power in connexion therewith as not to injuriously affect the said bridges or the approaches thereto or the works of the railway thereon or thereunder and in the event of any injury being occasioned to such bridges approaches or works or any part or parts thereof respectively by the construction of such tramways or apparatus under the same whether such injury occur either during or after the construction of or in maintaining such tramways or apparatus the railway company may at the expense of the Corporation restore such bridges approaches and works or the part or parts which may be injured to as good a state and condition as they were in before such injury was occasioned and the Corporation shall recoup to and indemnify that company against all sums costs and expenses which they may pay or be put to in restoring such bridges approaches and works in manner aforesaid or by reason of any impediment or obstruction to the traffic on the railway occasioned by such injury and that company may recover from the Corporation all such sums costs and expenses together with full costs and charges in like manner as any simple contract debt:
- (3.) Any difference which may arise between the Corporation and the railway company touching anything to be done or the reasonableness of any charges or in any manner in connexion with this section shall (unless otherwise provided by this section) be settled by a referee to be nominated by the Board of Trade under section 33 of the Tramways Act 1870 and such lastly mentioned section shall unless otherwise provided by this section apply to all differences arising between the Corporation and the railway company touching all matters and things done or omitted to be done by either the Corporation or the railway company under the provisions of this section.
21. The lessees of or other the person or persons working or using the Tramways Nos. 1 2 3 and 4 by this Act authorised and the Corporation if and so long as they work those respective tramways under the provisions of this Act may if the Board of Trade should so determine and so far as may be necessary, for the proper working of the said Tramways Nos. 1 and 2 as a continuous line and of the said Tramways Nos. 3 and 4 also as a continuous line run over and use with their engines horses carriages officers and servants with respect to the said Tramways Nos. 1 and 2 such portion of the existing tramways of the Corporation in King Street and Ocean Road as lies at the junction of the said Tramways Nos. 1 and 2 with the said existing tramways and with respect to the said Tramways Nos. 3 and 4 such portion of the said existing tramways as lies in Slake Terrace and all stations sidings junctions turntables turnouts and conveniences connected with such portions respectively upon such terms and conditions and on payment of such tolls as may be agreed on between the Corporation and the lessees of the said existing tramways or as failing agreement may be settled by an arbitrator to be appointed by the Board of Trade.
22. If the Corporation are unable to demise their tramways authorised by the Order of 1881 or by this Act or any of such tramways upon such terms as in the opinion of the Board of Trade will yield to the Corporation an adequate rent therefor the Board of Trade may grant a licence to the Corporation to work such tramways and the Corporation may thereupon work the same and may provide such plant materials and things as may be requisite or convenient therefor and in such case the several provisions hereinbefore contained relating to the working of the said tramways and the taking of rates and charges therefor shall extend and apply mutatis mutandis to and in relation to the Corporation : Provided that if at any time during such working by the Corporation any person make to the Corporation a tender in writing to take a lease of and to work the said tramways for such period (not being less than seven years unless the Corporation shall otherwise agree) at such rent and upon such terms and conditions as shall in the opinion of the Board of Trade be adequate and proper and such person at the same time offer to purchase the horses cars engines machines and fixed and movable tramway plant of the Corporation not included in such lease at a price to be fixed unless otherwise agreed on between such person and the Corporation by a competent valuer to be appointed by the Board of Trade then upon payment of such price the Corporation shall demise the said tramways to such person at such rent and upon such terms and conditions and the powers of the Corporation to work the said tramways shall cease and determine and all moneys paid to the Corporation or. such purchase shall be applied in repayment of moneys borrowed by the Corporation for the purpose of providing the plant materials and things for working the said tramways.
Sections 23 Fares on Sunday to Section 26 & use of electric power
23. It shall not be lawful for the Corporation or their lessees or any company or person working or using the tramways to take or demand on Sunday or on any bank or other public holiday any higher rates or charges than those levied by them on ordinary week days.
24. In the event of any of the tramways of the Corporation authorised by the Order of 1881 or by this Act being worked by electricity the following provisions shall have effect:
- (1.) The Corporation or their lessees or any company or person owning or working any of the tramways of the Corporation (who are herein-after in this section included in the expression " the Corporation ") shall construct their electric lines and other works of all descriptions and shall work their undertaken in all respects with due regard to the telegraphic lines from time to time used or intended to be used by Her Majesty's Postmaster-General and the currents in such telegraphic lines and shall use every reasonable means in the construction of their electric lines and other works of all descriptions and the working of their undertaking to prevent injurious affection whether by induction or otherwise to such telegraphic lines or the currents therein If any question arises as to whether the Corporation have constructed their electric lines or other works or work their undertaking in contravention of this sub-section such question shall be determined by arbitration and the Corporation shall be bound to make any alterations in or additions to their system which may be directed by the arbitrator:
- (2.) If any telegraphic line of the Postmaster-General is injuriously affected by the construction by the Corporation of their electric lines and works or by the working of the undertaking of the Corporation the Corporation shall pay the expense of all such alterations in the telegraphic lines of the Postmaster General as may be necessary to remedy such injurious affection :
- 3.)
- (A.) Before any electric line is laid down or any act or work for working the tramways by electricity is done within ten yards of any part of a telegraphic line of the Postmaster-General (other than repairs or the laying of lines crossing the line of the Postmaster-General at right angles at the point of shortest distance and so continuing for a distance of six feet on each side of such point) the Corporation or their agents not more than twenty-eight nor less than fourteen days before commencing the work shall give written notice to the Postmaster-General specifying the course of the line and the nature of the work including the gauge of any wire and the Corporation and their agents shall conform with such reasonable requirements (either general or special) as may from time to time be made by the Postmaster-General for the purpose of preventing any telegraphic line of the Postmaster-General from being injuriously affected by the said act or work;
- (B.) Any difference which arises between the Postmaster-General and the Corporation or their agents with respect to any requirements so made shall be determined by arbitration:
- (4.) In the event of any contravention of or wilful non-compliance with this section by the Corporation or their agents the Corporation shall be liable to a fine not exceeding ten pounds for every day during which such contravention or non-compliance continues or if the telegraphic communication is wilfully interrupted not exceeding fifty pounds for every day on which such interruption continues :
- (5.) Provided that nothing in this section shall subject the Corporation or their agents to a fine under this section if they satisfy the court having cognizance of the case that the immediate doing of the act or execution of the work was required to avoid an accident or otherwise was a work of emergency and that they forthwith served on the postmaster or sub-postmaster of the postal telegraph office nearest to the place where the act or work was done a notice of the execution thereof stating the reason for doing or executing the same without previous notice :
- (6.) For the purposes of this section a telegraphic line of the Postmaster-General shall be deemed to be injuriously affected by an act or work if telegraphic communication by means of such line is whether through induction or otherwise in any manner affected by such act or work or by any use made of such work :
- (7.) For the purposes of this section and subject as therein provided sections 2 8 9 10 11 and 12 of the Telegraph Act 1878 shall be deemed to be incorporated with this Act as if the Corporation were undertakers within the meaning of those sections without prejudice nevertheless to any operation which the other sections of the said Act would have had if this section had not been enacted and in particular nothing in this section shall be deemed to exclude the provisions of section 7 of the Telegraph Act 1878 in relation to the matters mentioned in that section :
- (8.) The expression " electric line " has the same meaning in this section as in the Electric Lighting Act 18S2:
- (9.) Any question or difference arising under this section which is directed to be determined by arbitration shall be determined by an arbitrator appointed by the Board of Trade on the application of either party whose decision shall be final and sections 30 to 32 of the Regulation of Railways Act 1868 shall apply in the like manner as if the Corporation or their agents were a company within the meaning of that Act:
- (10.) Nothing in this section contained shall be held to deprive the Postmaster-General of any existing right to proceed against the Corporation by indictment action or otherwise in relation to any of the matters aforesaid.
25. The Conveyance of Mails Act 1893 shall extend and apply to the existing tramways of the Corporation as if those tramways had 'been authorised by an Act of Parliament passed after the first day of January one thousand eight hundred and ninety-three Provided that the Postmaster-General shall not require the Corporation to perform any services with respect to such existing tramways until after the expiration of the subsisting leases thereof.
26. The following provisions shall apply to the use of electric power under this Act unless such power is entirely contained in and carried along with the carriages:
- (1.) The Corporation shall employ either insulated returns or uninsulated metallic returns of low resistance :
- (2.) The Corporation shall take all reasonable precautions in constructing placing and maintaining their electric lines and circuits and other works of all descriptions and also in working their undertaking so as not injuriously to affect by fusion or electrolytic action any gas or water pipes or other metallic pipes structures or substances:
- (3.) The powers by this Act conferred with respect to the use of electric power shall be exercised only in accordance with regulations to be prescribed by the Board of Trade (herein-after referred to as " the prescribed regulations ") and with any regulations which may be added thereto or substituted therefor respectively by any order which the Board of Trade may and which they are hereby empowered to make from time to time as or when they may think fit for regulating the employment of insulated returns or of uninsulated metallic returns of low resistance for preventing fusion or injurious electrolytic action of or on gas or water pipes or other metallic pipes structures or substances and for minimising as far as is reasonably practicable injurious interference with the electric wires lines and apparatus of other parties and the currents therein whether such lines do or do not use the earth as a return :
- (4.) The Corporation using electric power contrary to the provisions of this Act or to any of the prescribed regulations or to any regulation added thereto or substituted therefor by any order made by the Board of Trade under the authority of this Act shall for every such offence be subject to a penalty not exceeding ten pounds and to a daily penalty not exceeding five pounds Provided always that whether any such penalty has been recovered or not the Board of Trade if in their opinion the Corporation in the use of electric power under the authority of this Act have made default in complying with the provisions of this Act or with any of the prescribed regulations or with any regulation which may have been added thereto or substituted therefor as aforesaid may by order direct the Corporation to cease to use electric power and thereupon the Corporation shall cease to use electric power and shall not again use the same unless with the authority of the Board of Trade and in every such case the Board of Trade shall make a special report to Parliament notifying the making of such order:
- (5.) The Corporation shall take all reasonable and proper precautions in constructing placing and maintaining their electric lines circuits and other works of any description and in using their electric lines circuits and other works so as not injuriously to interfere with the working of any wire line or apparatus from time to time used for the purpose of transmitting electric power or of telegraphic telephonic or electric signalling communication or the currents in such wire line or apparatus Provided always that the Corporation shall be deemed to take all such reasonable and proper precautions as aforesaid if and so long as they adopt and employ at the option of the Corporation either such insulated returns or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with the electric, wires lines and apparatus of other parties and the currents therein as the Board of Trade shall direct and in giving such directions the Board shall have regard to the expense involved and to the effect thereof upon the commercial prospects of the undertaking Provided also ' that at the expiration of two years from the passing of this Act nothing in this sub-section shall operate to give any right of action in respect of or to protect any electric wires lines or apparatus or the currents therein unless in the construction erection maintaining and working of such wires lines and apparatus all reasonable and proper precautions including the use of an insulated return have been taken to prevent injurious interference therewith and with the currents therein by or from other electric currents If any difference arises between the Corporation and any other party with respect to anything in this sub-section contained such- difference shall unless the parties otherwise agree be determined by the Board of Trade or at the option of the Board by an arbitrator to be appointed by the Board and the cost of such determination shall be in the discretion of the Board or of the arbitrator as the case may be.
- (6.) Nothing in this section shall apply to the use of any electric line circuit or work of any company corporation or person authorised by Act of Parliament or Provisional Order confirmed by Parliament to supply energy for electric lighting purposes so far as such use is limited to such purposes:
- (7.) The expression "the Corporation" in this section shall include their lessees and the licencees and any person owning working or running carriages over any tramway of the Corporation.
Section 27 Protection of Other Public Utility services
27. For the protection of the gas company and the water company respectively the following provisions shall have effect (that is to say) :
- (1.) In this section the expression tramway work includes all rails channels cuts grooves boxes electric lines or other work used or intended to be used for the purpose of moving by mechanical power (including cables steam compressed air and electricity) any engine carriage or truck on any tramway for the time being of the Corporation and the expressions " gas pipe " and " water pipe " include all mains pipes syphons valves and apparatus of the said respective companies in any street and all communication or service pipes whether belonging to the gas company or to the water company or to any persons supplied with gas or water by the said respective companies:
- (2.) The provisions of sections 30 and 32 of the Tramways Act 1870 shall extend and apply to and in relation to the making forming laying down maintaining repairing renewing or removing of any tramway work:
- (3.) The Corporation shall comply with such reasonable requirements as may be made by the engineers of the gas company and the water company respectively for protecting from injury any gas pipe or water pipe and for securing access thereto:
- (4.) Where the Corporation find it necessary to undermine but not to alter the position of any gas pipe or water pipe they shall to the reasonable satisfaction of the engineer of the gas company or the water company as the case may require temporarily support the same in position during the execution of the tramway work and provide before completion thereof a proper foundation for such gas pipe or water pipe where undermined :
- (5.) If any difference arise between the Corporation and either of the said companies touching this section or anything to be done or not to be done thereunder such difference shall be settled by an engineer or other fit person to be appointed on the application of either of the parties in difference by the Board of Trade and the expenses of the reference shall be borne as he shall direct.