Darlington Corporation Act 1925

Cited authorities 27

Cited in

Jurisdiction	UK Non-devolved
Citation	1925 c. cxvi

[15 & 16

GEO.

5.] Darlington [Oh. CXVi.J

Corporation (Transjiort, Sc:) Act, 192.5.

CHAPTER cxvi.

An Act to empower the mayor aldermen and

A.D.

1925.

burgesses of the county borough, of Darlington

to substitute trolley vehicles and omnibuses for

their light railways and for other purposes.

[7th August 1925.]

HEREAS the county borough of Darlington in the

county of Durham (in this Act called " the

borough iy) is a municipal borough subject to the Acts

relating to municipal corporations and a county borough

within the meaning of the Local Government Act 1888

and is under the management and local government of

the mayor aldermen and burgesses of the borough (in this

Act called " the Corporation 5>) and the Corporation

acting by the council are also the urban sanitary

authority for the district comprising the borough :

And whereas in pursuance of powers conferred upon

them by the Darlington Light Railways Orders 1902 and

1917 the Corporation are the owners of and are working

a system of light railways in the borough and are

empowered to construct and work partly in the borough

and partly in the adjoining parish of Haughton-le-

Skerne in the rural district of Darlington a portion (not

yet constructed) of another light railway in the Darling-

ton Light Railways Order 1902 referred to as Railway

No.

3 :

And whereas it is expedient to empower the Cor-

poration to substitute for their light railways vehicles

[Price Is, 6dr Net.) A I

[Ch.

CXVi.] Darlington [15 & 16

GEO.

5.]

Corporation (Transport,

Act, 1925.

A.JD.

1925. moved by electrical power transmitted thereto from some

— external source (in this Act called " trolley vehicles ")

and to provide and work omnibuses and to confer upon

the Corporation all necessary and convenient powers

with regard thereto:

And whereas it is expedient that the other pro-

visions contained in this Act be enacted i

And whereas. the purposes of this Act cannot be

attained without the authority of Parliament:

And whereas estimates have been prepared by the

Corporation for the purposes hereinafter mentioned and

such estimates are as follows

: —

For the provision of the trolley vehicles

authorised by this Act

For the provision and erection of posts

standards brackets and other appa-

ratus works and conveniences for the

purposes of the trolley vehicles

authorised by this Act -

For the provision and equipment of

omnibuses - - - - -

51,200

27,000

10,000

And whereas the works included in such estimates

are permanent works and it is expedient that the cost

thereof should be spread over a term of years :

And whereas in relation to the promotion of the Bill

for this Act the requirements of the Borough Funds Acts

1872 and 1903 have been observed :

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 (that is to say) : —

Short title. 1. This Act may be cited as the Darlington Cor-

poration (Transport &c.) Act 1925.

Interpreta- 2. In this Act the several words and expressions to

Mem.

which meanings are assigned by the Acts wholly or

partially incorporated herewith or by the Public Health

Acts have the same respective meanings unless there be

[15 & 16

GEO.

5.] Darlington [Ch. CXV1.]

Corporation (Transport, &c.) Act, 1925,

something in the subject or* context repugnant to such A,D. 1925.

construction And in this Act unless the subject or

context otherwise requires

—

'' The borough '' means the borough of Darlington;

({ The Corporation " means the mayor aldermen and

burgesses of the borough;

ff The town clerk " means the town clerk of the

borough;

" The borough fund " and " the borough rate "

mean respectively the borough fund and the

borough rate of the borough;

" The Order of 1902 " and " the Order of 1917 "

mean respectively the Darlington Light Rail-

ways Order 1902 and the Darlington Light

Railways Order 1917;

'c Trolley vehicle 5' means a mechanically propelled

vehicle adapted for use upon roads without rails

and moved by electrical power transmitted

thereto from some external source;

" Trolley vehicle routes " means the routes upon

which the Corporation are by this Act

authorised to work and use trolley vehicles;

" The trolley vehicle undertaking " and cc the

omnibus undertaking " mean respectively the

trolley vehicle undertaking and the omnibus

undertaking by this Act authorised;

" The light railway undertaking " means the light

railway undertaking of the Corporation for the

time being authorised including where the

context so requires the trolley vehicle under-

taking and the omnibus undertaking;

•' Road authority " means the authority company

or person (other than the Corporation) charged

with or liable to contribute to the maintenance

of any road over which any trolley vehicle or

omnibus worked by the Corporation under the

provisions of this Act will pass;

County road '' means any road for the time being

vested in or repairable by the county council or

for or towards the cost of the maintenance and

repair of which the county council are liable to

pay and situate within any part of the adminis-

trative county of Durham;

A 2 3

[Ch.

CXVL] Darlington [15 & 16

GEO.

5.]

Corporation (Transport, cfcc.) Act, 1925.

A.D.

1925; ••' Statutory borrowing power" means any power

-— whether or not coupled with a duty of borrow-

ing or continuing on loan or re-borrowing

money or of redeeming or paying off or creating

or continuing payment of or in respect of, any

annuity rentcharge rent or other security repre-

senting or granted in lieu of consideration

money for the time being existing under any

Act of Parliament public or local passed or to

be passed or under any Provisional Order con-

firmed by Act of Parliament passed or to be

passed or under any order or sanction of any

Government department made or given or to be

made or given by authority of. any Act of

Parliament passed or to be passed;.

f( Statutory security " means any security in which

trustees are for the time being by or under any

Act of Parliament passed or to be passed

authorised to invest trust money and any mort-

gage bond debenture debenture stock stock or

other security authorised by or under any Act

of Parliament passed or to be passed of any

county council or municipal corporation or other

local authority as denned by section 34 (Defini-

tions) of the Local Loans Act 1875 but does not

include annuities rentcharges or securities

transferable by delivery or any securities of the

Corporation;

''Revenues of the Corporation" includes the

revenues of the Corporation from time to time

arising from any land undertakings or other

property for the time being of the Corporation

and the rates or contributions leviable by or on

the order or precept of the Corporation.

Power to 3. The Corporation may provide maintain and

use trolley eqUip (but shall not manufacture) trolley vehicles and

vehicles. may work the same along the following trolley vehicle

routes in the county of Durham:

Provided that before equipping any trolley vehicle

route to include a turning point or before arranging for

a new turning point on any route the Corporation shall

submit plans of the,turning point to the Minister of

Transport.

[15 & 16

GEO.

5.] Darlington [Oil.

cxvij

Corporation (Transport, &c.) Act, 1925.

The routes hereinbefore referred to are :— A.D. 1925.

Routes No. 1 No. 2 No, 2A and No. 3 being the

routes of the light railways (Railways No. 1

No.

2 No.

and No. 3 respectively) which the

Corporation are by the Order of 1902 authorised

to make form lay down and maintain;

Route No. 4 Commencing by a junction with

Route No. 1 in the road leading from Cockerton

Bridge to Newton Lane opposite West Auck-

land Road thence proceeding northwards along

that road and terminating at the borough

boundary;

Route No. 5 Commencing by a junction with

Route No. 1 at the corner of Woodland Road

and Greenbank Road thence along Greenbank

Road Salisbury Terrace Surtees Street Wilson

Street and Brinkburn Road and terminating

at the junction of Brinkburn Road and West

Auckland Road;

Route No. 6 Commencing by a junction with

Route No. 1 at the termination of that route in

Yarm Road thence proceeding eastwards along

that road and terminating at the' borough

boundary;

Route No. 7 Commencing fry a junction with

Route No. 2 at the termination of that route in

Durham Road thence proceeding northwards

along that road and terminating at the borough

boundary;

Route No. 8 Commencing by a junction with

Route No. 1 in High Row opposite ,the Horse

Market thence proceeding along Horse Market

Feethams Victoria Road Clifton Road and the

unnamed road leading from the southern end

of Clifton Road to Geneva Road and terminat-

ing at the southern end of such unnamed road;

Route No. 9 Commencing by a junction with

Route No. 8 in Clifton Road opposite Milner

Road thence proceeding along Milner. Road

and Park Lane and the unnamed Toad

leading from Park Lane southwards to a point

[Ch* CXViJ Darlington [15 & 16

CEO.

6/j

Corporation (Transport, dec) Act, 1925.

A.D.

1925. on the borough boundary near the place where

• — • the London and North Eastern Railway is

carried over Geneva Road and terminating at

the southern end of the unnamed road last

mentioned.

All the above-mentioned routes are situate in the

borough except Route No. 3 which is situate partly in

the borough and partly in the parish of Haughton-le-

Skerne in the rural district of Darlington and Routes

No.

8 and No. 9 which are situate partly in the borough

and partly in the parish of Blackwell in the same rural

district The power to construct so much of Railway

No.

3 authorised by the Order of 1902 as would be situate

outside the borough is hereby repealed.

As to dec- 4.—(1) {a) The Corporation may in under or over

trical works, the surface of the streets or roads along or adjoining

those along which they are authorised to run trolley

vehicles or in which it may be necessary so to do in order

to connect the apparatus and equipment for working

such vehicles with any generating station in the borough

place erect and maintain all necessary and proper

standards brackets conductors mains cables wires posts

poles and any other necessary or convenient apparatus

and equipment for the purpose of working trolley

vehicles by electrical power and may for that purpose

subject.to the provisions contained in Part II. of the

Tramways Act 1870 and in this Act open and break up

any such street or road and any sewers drains water or

gas pipes tubes wires telephonic and telegraphic

apparatus therein or thereunder and may supply

electrical energy for the purpose of working the trolley

vehicles:

Provided that all posts and apparatus erected by

the Corporation under the powers of this Act in any

county road shall be placed in such position as the council

of the administrative county of Durham may approve

and that no post or other apparatus shall be erected upon

the carriageway of any public street or road except with

the consent of the Minister of Transport.

(b) The route in which any electrical apparatus is

to be placed erected or maintained for the purpose of con-

necting the trolley vehicle routes or any of them with a

[15 & 16 Gm. 5.] Darlington [Ch. CXVi.j

Corporation (Transport,

Acty 1925.

generating station shall so far as the same shall follow AD. 1925.

any county road be approved by the council of the —

administrative county of Durham.

(2) Nothing in this section shall extend to or

authorise any interference with any works of any under-

takers within the meaning of the Electricity (Supply)

Acts 1882 to 1922 to which the provisions of section 15

of the Electric Lighting Act 1882 apply except in accord-

ance with and subject to the provisions of that section,

(3) The Corporation may also adapt and use for the

purpose of working trolley vehicles any apparatus and

equipment already provided by them for ^working the

light railways.

(4) In this section the expression generating station

has the meaning assigned to it by section 25 of the

Electric Lighting Act 1909.

5.—(1)

It shall be lawful for the Postmaster- Use of posts

General in any street or public road or part of a street &c- by

or public road in which he is authorised to place a

P°stmaster-

telegraph to use for the support of such telegraph any

posts and standards (with the brackets connected there-

with) erected in any such street or public road by the

Corporation in connection with the trolley vehicles and

to lengthen adapt alter and replace such posts standards

and brackets for the purpose of supporting any telegraph

and from time to time to alter any telegraph so supported

subject to the following conditions :—

(a) In placing maintaining or altering such tele-

graph no obstruction shall be caused to the

traffic along or the working or user of the trolley

vehicle routes;

(b) The Postmaster-General shall give to the Cor-

poration not less than twenty-eight days' notice

in writing of his intention to exercise any of the

powers of this section and shall in such notice

specify the streets or public roads or parts of

streets or public roads along which it is pro-

posed to exercise such powers and the manner

in which it is proposed to use the posts stan-

dards and brackets and also the maximum

strain and the nature and direction of such

strain Any difference as to any matter referred

to in such notice shall be determined as herein-

after provided;

[, CXvij Darlington [15 k 16

GEO.

5\j

Corporation {Transport, )

Aci>

1925.

A.D.

1925. -(c) Unless otherwise agreed between the Postmaster-

—- General and the Corporation the Postmaster-

General shall pay the expense of lengthening

adapting altering or replacing under the pro-

visions of this section any post standard or

bracket and the expenses of providing and

maintaining any appliances or making any

alteration rendered necessary in consequence of

the exercise of the powers of this section for the

protection of the public or the unobstructed

working or user of the trolley vehicles or to

prevent injurious affection of the Postmaster-

GerieraFs telegraphs or any telegraphic or

telephonic line or electrical apparatus of the

Corporation or by any regulations which may

from time to time be made by the Minister of

Transport arising through the exercise by the

Postmaster-General of the powers conferred by

this section;

(d) Unless otherwise agreed or in case of difference

determined as hereinafter1 provided all tele-

graphs shall be attached to the posts standards

or brackets below the level of the trolley wires

and on the side of such posts or standards

farthest from the trolley wires Any difference

as to the conditions of attachment shall be

determined as hereinafter provided;

(e) Unless otherwise agreed no telegraph shall be

attached to any post or standard placed in or

near the centre of any street or public road;

(/) The Postmaster-General shall cause all attach-

ments to posts standards or brackets used by him

under the powers of this section to be from time

to time inspected so as to satisfy himself that

the said attachments are in a proper condition

and state of repair;

(g) The Postmaster-General shall make good to the

Corporation and shall indemnify them against

any loss damage or expense which may be

incurred by them through or in consequence of

the exercise by the Postmaster-General of the

powers conferred upon him by/this section

unless such loss damage or expense be caused

by or arise from gross negligence on the part

of the Corporation their officers or servants;

[15 & 16

GEO.

5.] Darlington [Ch. CXV1 j

Corporation (Transport, &c.) Act, 1925.

(h) The Postmaster-General shall make such A.I>. 1925.

reasonable contribution to the original cost of —

proyiding and placing any post standard or

bracket used by him and also to the annual cost

of the maintenance and renewal of any such

post standard or bracket as having regard to

the respective interests of the Corporation and

the Postmaster-General in the use of the post

standard or bracket and to all the circum-

stances of each case may be agreed upon

between the Postmaster-General and the Cor-

poration or failing agreement determined as

hereinafter provided;

(i) The Corporation shall not be liable for any in-

terference with or damage or injury to the

telegraphs of the Postmaster-General arising

through the exercise by the Postmaster-General

of the powers conferred by this section and

caused by the maintaining and working of the

trolley vehicle routes or by any accident arising

thereon or by the authorised use by the Cor-

poration of electrical energy unless such inter-

ference damage or injury be caused by gross

negligence on the part of the Corporation their

officers or servants;

(j) If it shall become necessary or expedient to alter

the position of or remove any post standard or

bracket the Postmaster-General shall upon re-

ceiving twenty-eight days' notice thereof at his

own expense alter or remove the telegraph sup-

ported thereby or at his option retain the post

standard or bracket and pay the Corporation

the value of the same Provided that if the

Corporation or the body having the control of

the street or public road object to the retention

of the post .standard or bracket by the Post-

master-General a difference shall be deemed to

have arisen and shall be determined as herein-

after provided.

(2) Nothing in this section contained shall prevent

the Corporation from using their posts standards or

brackets for the support of any of their electric wires

and apparatus whether in connection with their trolley

[Ch. CXViJ Darlington, [15 & 16

GEO.

5.]

Corporation (Transport, &c.) Act, 1925.

A.D.

1925. vehicles or other municipal undertakings or shall take

away any existing right of the Corporation of permitting

the use by any company or person of their posts stan-

dards or brackets in connection with the lighting of the

streets or otherwise Provided that any difference

between the Postmaster-General and such company or

person in relation to the use of the posts standards or

brackets by the Postmaster-General and such company

or person respectively shall be determined as hereinafter

provided.

(3) All differences arising under this section shall

be determined in manner provided by sections 4 and 5

of the Telegraph Act 1878 for the settlement of differ-

ences relating to a street or public road.

(4) In this section—

The expression ec the Corporation" includes

their lessees;

The expression '' telegraph '' has the same mean-

ing as in the Telegraph Act 1869;

Other expressions have the same meanings as in

the Telegraph Act 1878.

6. Subject to the provisions of this Act the Cor-

poration shall have the exclusive right of using any

apparatus provided erected or maintained by them for

the purpose of working trolley vehicles and any person

except by agreement with the Corporation using the said

apparatus shall for every offence be liable to a penalty

not exceeding twenty pounds.

The trolley vehicles authorised by this Act shall

not he deemed to be light locomotives within the meaning

of the Locomotives on Highways Act 1896 or of the bye-

laws and regulations made thereunder nor shall they be

deemed to be omnibuses within the meaning of the Town

Police Clauses Act 1889 nor motor cars within the mean-

ing of any provisions of the Motor Car Act 1903 (except

subsection (1) of section land the provisions necessary

for enforcing that subsection section 6 and the provisions

as amended by the Roads Act 1920 relating to the

licensing and licences of drivers) and subject to those

exceptions neither that Act nor the regulations made

under that Act nor the enactments mentioned in the

Corporation

to have

exclusive

right of

using appa-

ratus for

working

trolley

vehicles.

Vehicles not

to be

deemed

light loco-

motives or

motor cars.

[15 & 16

GEO.

5.] Darlington [Ch.

Cxvij

Corporation (Transport, dkc.) Act, 1925.

schedule to the Locomotives on Highways Act 1896 nor ,-A.D. 1925.

the Locomotives Act 1898 nor the Town Police Clauses —

Act 1889 shall apply to the said trolley vehicles.

8. Nothing in this Act shall in any way affect the Duties on

duties of excise now payable by law on licences to be licences for

taken out for the trolley vehicles authorised by this Act tr°J[°y

as hackney carriages.

9. The trolley vehicles and the electrical equipment Approval

thereof used under the authority of this Act shall be of y?hl.cles ^J

such form construction weight and dimensions as the Transport

Minister of Transport may approve and no trolley

vehicle shall be used by the Corporation which does not

comply with the requirements of the Minister of Trans-

port.

10.

No trolley vehicle route shall be opened for Inspection

public traffic until it has been inspected and certified to hy Minister

be fit for traffic by the Minister of Transport. of ^rana*

J r port.

11.

The trolley vehicles used by the Corporation Provisions

may be moved by electrical energy subject to the follow- for safety of

ing provisions (that is to say) :— public.

(1) The electrical energy shall not be used except

according to a system approved by the Minister

of Transport:

(2) The Minister of Transport shall make regula-

tions (in this section referred to as li the

Ministry of Transport regulations ") for secur-

ing to the public all reasonable protection

against danger arising from the use under this

Act of electrical energy for propelling the

trolley vehicles and for regulating the use of

electrical energy:

(3) The Corporation using any electrical energy

contrary to the provisions of this Act or of the

Ministry of Transport regulations shall for

every offence be liable to a penalty not exceeding

ten pounds and to a daily penalty not exceeding

five pounds :

(4) The Minister of Transport if he is of opinion—

(a) that the Corporation have made

default in complying with the provisions of

this Act or of the Ministry of Transport

A.D.

1926.

Rates for

passengers

on trolley

vehicles.

Passengers'

luggage on

trolley

vehicles.

[Oh.

cxvij

£>arUngton

0.5 & 16

GEO.

O\]

Corporation (Transport, &c.) Act, 1925.

regulations whether a penalty in respect of

such non-compliance has or has not been

recovered; or

(b) that the use of electrical energy as

authorised under this Act is a danger to the

passengers or the public;

may by order either direct the Corporation to

cease to use such electrical energy or permit the

same to be continued only subject to such condi-

tions as the Minister of Transport may impose

and the Corporation shall comply with every

such order In every such case the Minister of

Transport shall make a special report to

Parliament notifying the making of such order.

12.—(1) The Corporation may demand and take

for every passenger travelling upon the' trolley vehicles

including every expense incidental to the conveyance of

such passenger any rates or charges not exceeding the

following (that is to say) :—

For a stage not exceeding half-a-

mile - - • - - - One penny; '.

Exceeding half^a-mile and not ex-

. ceeding 1 mile - - - - Two pence;

Exceeding 1 mile and not exceeding

2 miles - - - - -Threepence;

Exceeding 2 miles and not exceeding

3 miles - - - - - Four pence;

Exceeding 3 miles and not exceeding

4 miles - - - - Five pence.

(2) A list of all rates and charges authorised to be

taken for passengers shall be exhibited in a conspicuous

place inside each of the trolley vehicles.

13.

Every passenger travelling upon the trolley

vehicles may take with him his personal luggage not

exceeding twenty-eight pounds in weight without any

charge being made for the carriage thereof but all such

personal luggage must be carried by hand and at the

responsibility of the passenger and must not be placed so

as tp occupy any .part of a seat and must not be of a

form or description, to annoy or inconvenience other

passengers.

[15 & 16 GHO.'TS.] Darlington [Ch. CXVl.j.

Corporation {Transport,.

&c.)

Acl, 1925.

14.

The Corporation may if they think fit carry on A.D. 1925.

the trolley vehicles dogs in the care of passengers the —

charge for any such dog to be a sum not exceeding the J^g* on

fare payable by the passenger. vehicL.

15.—(1) The Corporation at all times after the

Cheap

fares

opening of the trolley vehicle routes for public traffic for labour-

shall run a proper and sufficient service of trolley vehicles m8 classes.

for artisans mechanics and daily labourers each way

every morning and every evening (Sundays Christmas

Day Good Friday and bank holidays excepted) at such

times not being later than eight o'clock in the morning

or earlier than five o'clock in the evening respectively

as may be most convenient for such workmen going to

and returning from their work at fares—

For a stage not exceeding 1 mile - One penny;

Exceeding 1 mile and not exceeding

2 miles - - - - . ' - Two pence;

Exceeding 2 miles and not exceeding

3 miles - - . - - Three pence;

Exceeding 3 miles and not exceeding

4 miles ----- Four pence :

Provided that on Saturdays the Corporation instead of

running such vehicles after five o'clock in the evening

shall run the same at such times between, noon and two

o'clock in the afternoon as may be most convenient for

the said purpose.

.. (2) .If complaint is made to the Minister of Trans-

port that such proper and sufficient service is not pro-

vided the Minister after considering the circumstances

of the locality may by order direct the Corporation to

provide such service as may appear to the Minister to be

reasonable.

(3) The Corporation shall be liable to a penalty not

exceeding five pounds for every day during which they

fail to comply with any order under this section.

16.

The Corporation may demand and take in Rates for

respect of any parcels conveyed by them on the trolley parcels on

trolley

vehicles.

[Ch, CXVi.] Darlington [15 & 16

GEO.

5.]

Corporation (Transport,

Act, 1925.

\.*Jp.

1925. vehicles including every expense incidental to such con-

veyance any rates or charges not exceeding the following

(that is to

say):

— Any distance

For any parcel not exceeding seven pounds

in weight - 0 6

For any parcel exceeding seven pounds and

not exceeding fourteen pounds in weight 0 10

For any parcel exceeding fourteen pounds

and not exceeding twenty-eight pounds

in weight - - - - - -12

For any parcel exceeding twenty-eight

pounds but not exceeding fifty-six

pounds in weight - - - - -16

For any parcel exceeding fifty-six pounds

in weight but not exceeding five hundred

pounds in weight such sum as the Cor-

poration think fit.

17.

If at any time after three years from the open-

ing for public traffic of the trolley vehicle routes or after

three years from the date of any order made in pursuance

of this section in respect of the trolley vehicle routes it is

represented in writing to the Minister of Transport by

twenty inhabitant ratepayers of the borough or by any

local authority (including the Corporation), of any

district in which the trolley vehicles are run that under

the circumstances then existing all or any of the rates

and charges on the trolley vehicle routes should be revised

the Minister may (if he thinks fit) direct an inquiry to

be held by a referee to be appointed by the Minister in

accordance with the provisions of the Tramways Act

1870 If such referee reports that it has been proved

to his satisfaction that all or any of such rates and

charges should be revised the Minister may make an

order in writing altering modifying reducing or increas-

ing the same in such manner as he thinks fit and thence-

forth such order shall be observed until the same is

revoked or modified by an order of the Minister of Trans-

port made in pursuance of this section Provided that

the rates and charges prescribed by any such order shall

,-not exceed in amount the maximum rates and charges by

this Act authorised,

Periodical

revision of

rates and

charges on

trolley

vehicles.

[15 & 16

GEO.

5.] Darlington [Ch. CXVi.]

Corporation (Transport, ) Act, 1925.

18-—(1) The following provisions of the Tramways A.D. 1925:

Act 1870 (so far as the same are applicable for the -—

purposes of and are not inconsistent with the provisions Application

of this Act) are hereby incorporated with this Act and ™Jj£

shall apply to the trolley vehicles authorised by this Act Tramways

and such provisions shall be read and have effect as if Act 1870 to

the works to be constructed in the streets or roads for trolley

moving the trolley vehicles by electrical power were tram- venicles«

ways and as if the trolley vehicles were carriages used

on tramways:—

Part II. (Relating to the construction of tramways)

except sections 25 28 and 29;

Part III. (General provisions):

Section 41 (Tramways to be removed in certain

cases);

Section 46 (Byelaws by local authority Pro-

moters may make certain regula-

tions)

;

Section 47 (Penalties may be imposed in bye-

laws) ;

Section 48 (Power to local authority to license

drivers conductors &c);

Section 49 (Penalty for obstruction of promoters

in laying out tramway);

Section 59 (Penalty on passengers practising

frauds on the promoters);

Section 53 (Penalty for bringing dangerous

goods on the tramway);

Section 55 (Promoters or lessees to be responsible

for all damages);

Section 56 (Recovery of tolls penalties &c.);

Section 57 (Right of user only);

Section 60 (Reserving powers of street authori-

ties to widen &c. roads); and

Section 61 (Power for local or police authorities

to regulate traffic in roads).

(2) Nothing in this Act shall be deemed to exclude

a trolley vehicle from the provisions of section 78 of the

Highway Act 1835 as to the side of the road on which

any wagon cart or other carriage is to be kept. 15

[Ch. CXVi.] Darlington [15 & 16

GEO.

5.]

Corporation {Transport, cfcc.) Act, 1925.

^1^925.

.no19-—(l) The following provisions of the Order of

Application ' ? a11 subJect as hereinafter provided extend and

provisions

*$?}? to «» trolley vehicles and the trolley vehicle under-

of Order of taking as if those provisions were with all necessarj

1902.

modifications re-enacted in this Act: —

Section 7 (Power to generate electricity);

Section,

(Appropriation and acquisition), by

agreement of lands)

;

'•

Section 15 (Persons under disability may. grant

easements);

Section 30 (For the protection of owners of bridges

and culverts);

Section 31 (For the protection of the North Eastern

Railway Company);

Section 43 (Service of cars);

Section 50 (Board of Trade regulations);

Section 51 (Special provisions as to use of electric

power as motive power);

Section 54 (For the protection of the Postmaster-

General);

First Schedule:

Provided that in the application of such provisions the

same shall be read and have effect as if the apparatus

and equipment for working the trolley vehicles and the

trolley vehicle routes (together or separately as the

context may require) were " the railway " within the

meaning of the Order of 1902 and as if*trolley vehicles*

were engines or carriages used on such railway and as if

the'

undertaking authorised by and the purposes of the

Order of 1902 included the undertaking authorised by

and the purposes of this Act Provided also that in the

application of sections 14 and 31 of the Order of 1902

the same shall be read and have effect as if the "Minister

of Health and the London arid North pastern Railway

Company*were mentioned therein instead of the Local

Government Board and the North Eastern Railway

Company respectively.

(2) In the application of the above mentioned provi-

sions any matter or thing,to be determined by arbitration

shall be determined by arbitration under and subject to

the provisions of the^Light Railways Act 1912.

[15 & 16

GEO,

5,] Darlington [Oil. CXViJ-

Corporalion (Transport, &c.) Act, 1925.

20.

As from the date upon which and so long as

A.D. 1925.

service

trolley vehicles is provided by the Corporation

in lieu

of a

service

light railway vehicles upon

0fSro^pa,ir

Routes No.

No.

and No.

the revenue

the light

where

rail-

railway undertaking shall to such extent as the Corpora- ways are

tion may from time to time by resolution determine cease laid.

to be charged with any expense incurred by the Corpora-

tion upon

or in

connection with the maintenance and

repair

roads under any statutory enactment relating

to that undertaking

but

nothing

this section shall

relieve the Corporation

any liability attached to them

in respect

such maintenance and repair.

21.

So soon

trolley vehicle Routes No.

No.

Discon-

and No.

shall have been opened

for

public traffic and tinuance

the Corporation have commenced to provide

service

of g "

trolley vehicles thereon

the

Corporation shall

not be

required

provide

service

carriages on their light

railways and may remove the rails of those railways from

the surface

the roads in which the same are laid and

make good such surface.

22.—(1)

(a) If at

any time hereafter the Corpora- Minister

tion desire

provide maintain equip and use trolley Transport

vehicles upon any road as defined by the Tramways Act

**}*?

autho-

1870 (other than the streets and roads in this Act herein- routes

before referred

to)

they may make application

to the

Minister

Transport and the Minister

Transport

hereby empowered to make

Provisional Order authoris-

ing

the use by the

Corporation

trolley vehicles

subject to such conditions and restrictions

(if

any) as he

may think

fit

upon any road

roads

which such

application relates and subject to the terms

the Provi-

sional Order the provisions

this Act shall apply as

the

use of

trolley vehicles upon such road were

authorised by this Act.

(b) The Minister

Transport shall not make any

Provisional Order under this section relating to any road

outside the borough except with the consent

the local

authority and (where the local authority

not the road

authority)

the road authority

the district in which

such road is situate Provided that the consent of

road

authority (not being the local authority

the district)

shall not be unreasonably withheld and that any question

whether or not such consent has been unreasonably with-

held shall be determined by the Minister

Transport.

[Ch.

CXVi.J Darlington [15

GEO.

5.]

Corporation (Transport, &c.) Act, 1925.

A.D.

1925. (2) No such application shall be entertained by the

-— Minister of Transport unless the Corporation shall—

(a) Have published once in each of two successive

weeks in the months of October or November

notice of their intention to make such applica-

tion in some newspaper or newspapers circu-

lating in the area to which the application

relates;

(b) Have also published such notice once in the

months of October or November in the London

Gazette;

months of October or November in conspicuous

positions in each of the roads to which such

application relates a notice of their intention

to make such application;

and each such notice shall state the time and method for

bringing before the Minister of Transport any objections

to the grant of such application.

(3) The Minister of Transport may and he is hereby

empowered to prescribe the procedure with respect to

any application for a Provisional Order under this

section.

(4) The Minister of Transport shall consider any

such application and may if he thinks fit direct an

inquiry to be held in relation thereto or may otherwise

inquire as to the propriety of proceeding upon such

application and he shall consider any objection to such

application that may be lodged with him in accordance

with the prescribed procedure and shall determine

whether or not it is expedient and proper that the appli-

cation be granted either, with or without addition or

modification or subject or not to any restriction or

condition.

(5) In any case where it shall appear to the Minister

of Transport expedient that the application be granted

he may settle and make a Provisional Order authorising

the same and shall as soon as conveniently may be there-

after procure a Bill to be introduced into either House

of Parliament for an Act to confirm the Provisional

Order which shall be set out at length in the schedule to

[15 & 16

GEO.

5.] Darlington [Ch. CXVi.]

Corporation {Transport, ) Act, 1925.

the Bill and until confirmation with or without amend- A.B, 1925.

ment by such Act of Parliament a Provisional Order 6 —

under this Act shall not have any operation.

(6) If while any such. Bill is pending in either House

of Parliament a petition is presented against any Provi-

sional Order comprised therein the Bill so far as it

relates to the Order petitioned against may be referred

to a select committee and the petitioner shall be allowed

to appear and oppose as in the case of a Bill for a special

Act.

(7) The Act of Parliament confirming a Provisional

Order under this Act shall be deemed a public general

Act. (8) The making of a Provisional Order under this

section shall be prima facie evidence that all the require-

ments of this section in respect of proceedings required

to be taken previously to the making of such Provisional

Order have been complied with.

(9) Any expenses incurred by the Minister of Trans-

port in connection with the preparation and making of

any such Provisional Order and any expenses incurred

by the Minister of Transport in connection with any

inquiry under this section shall be paid by the Corpora-

tion.

23.—(1) Subject to the provisions of this Act the Power to

Corporation may provide and maintain (but shall not provide and

manufacture) and may run omnibuses within the borough

™>

om^--

and with the consent of the Minister of Transport and buses*

the local authority of the district along any route

without the borough Provided that the consent of a

local authority shall not be unreasonably withheld and

any question whether or not such consent has been unrea-

sonably withheld shall be determined by the Minister of

Transport.

(2) In the case of any application under the pro-

visions of this section for the consent of the Minister of

Transport the Corporation shall give notice in writing of

their proposals to the road authority (where it is not also

the local authority) and shall publish notice of such

proposals in the London Gazette and in such other

manner as the Minister of Transport shall direct stating

the manner in which and the time within which any

persons affected by such proposals may object thereto and

B 2 19

[bh.

CXVlJ Darlington [15 & 16

GEO.

5.]

Corporation (Transport, die) Act, 1925.

A.D.

1925^ if any objection shall be made by any such person or the

— consent of the local authority is^ withheld the Minister

of Transport may direct an inquiry to be held.

(3) The Corporation may purchase by agreement

take oil lease and hold lands and buildings and may erect

on any lands acquired by them omnibus carriage and

motor-houses buildings and sheds and may provide such

plant appliances and conveniences as may be requisite or

expedient for the establishment running equipment main-

tenance and repair of such omnibuses but the Corpora-

tion shall not create or permit any nuisance on any lands

upon which they erect any such houses buildings or

sheds.

(4) Every omnibus moved by electrical power shall

be so equipped and worked as to prevent any interference

with, telegraphic communication by means of any tele-

graphs of the Postmaster-General.

(5) The provisions of section 51 (Penalty on passen-

gers practising frauds on the promoters) and section 56

(Recovery of tolls penalties &c.) of the Tramways Act

1870 shall apply to and in relation to the omnibuses of

the Corporation as if they wer'e carriages used on

tramways.

(6) The Corporation may make byelaws for regu-

lating the travelling of passengers in or upon and for

the prevention of nuisances in or upon such omnibuses

or in or against any premises held by the Corporation in

connection therewith.

24.

Notwithstanding anything in this Act the Cor-

poration shall not except with the consent of the United

Automobile Services Limited provide maintain or run

omnibus services (whether reserved for any special pur-

pose or otherwise) beyond a distance of one mile from

the nearest point on the boundary of the borough as at

present constituted.

25.

Notwithstanding anything in this Act the Cor-

poration shall not except with the consent of the London

London and anc[ $brth Eastern Railway Company in each case pro-

North East- y^6 maintain or run any omnibus service (whether

C^pany y reserved for any special purpose or otherwise) beyond a

distance of one mile from the nearest point on the bound-

ary of the borough as for the time being constituted

For protec-

tion of

United

Automobile

Services

Limited.

For protec

tion of

[15 & 16

GEO.

5,] Darlington [Ch. CXVlJ

Corporation (Transport, tfcc.) Act, 1925.

Provided that the consent of the said company shall not A.D. 1925.

in any such case be unreasonably withheld and that any —

question whether or not such consent has been unreason-

ably withheld shall be determined by the Minister of

Transport.

'26.—(1) The Corporation and any local .authority Working

empowered to run omnibuses in any ,borough or urban or and other

rural district adjacent to the borough or adjacent to any

aSreemen

borough or urban or rural district in which any route

over which the Corporation are for the time being

empowered to run omnibuses is situate may enter into

and carry into effect agreements for the working user

management and maintenance of all or any of "the

omnibus services which the contracting parties are

empowered to provide subject to the provisions of any

Act or Acts under which such omnibus services are

respectively authorised.

(2) The Corporation and any company body or

person may enter into and carry into effect agreements

for the working user management and maintenance sub-

ject to the provisions of this Act of any omnibus services

within the borough or on

any*

route over which the Cor-

poration are for the time being empowered to run

omnibuses.

(3) The Corporation and any such local authority

company body or persons as aforesaid may also enter into

and carry into effect agreements for all or any oi the

following purposes (that is to say) :—

(a) The working user management and maintenance

of any omnibuses lands depots buildings sheds

and property provided in connection with any

of ,sueh omnibus services as aforesaid by either

of .the contracting parties and the right to

provide and use the same and to demand and

take the fares and charges authorised in respect

of such services;

(b) The supply by any of the contracting parties

under and during the continuance of any such

agreement under this section of omnibuses and

conveniences in connection therewith necessary

for the purposes of such agreement and the

employment of officers and servants; 21

AD.

1925.

Cesser of

powers.

Determina-

tion of

powers in

certain

events;

[Ch. CXViJ Darlington [15 & 16

GEO.

5.]

Corporation (Transport,

dbc.)

Act, 1925.

transmission and delivery of traffic arising on

or coming from or destined for any omnibus

service of the contracting parties;

(d) The payment collection and apportionment of

the fares and charges and other receipts arising

from any such omnibus service as aforesaid.

(4) The Corporation shall not enter into or carry

into effect any agreement under the provisions of this

section in relation to any omnibus service lands depdts

buildings sheds or property beyond the borough other-

wise than with the consent of the local authority of the

district within which such omnibus service lands depots

buildings sheds or property are situate Provided that

on complaint being made to the Minister of Transport

that such consent is unreasonably withheld the Minister

may if he thinks fit by order dispense with such consent.

27.—(1) The powers of running omnibuses under

the provisions of this Act on any road or part of a road

outside the borough may at the expiration of ten years

from the date on wbich such running commences and at

the expiration of any subsequent period of ten years be

determined by the Minister of Transport on the applica-

tion of the local authority of the district in which such

road or part of a road is situate upon such terms as the

said Minister may determine.

(2) Before issuing an order to determine the said

powers the Minister of Transport shall hold a local

inquiry at which opportunity shall be afforded to any

person interested to object to the continuance or cesser

of such powers.

28.

If the Corporation do not within a period of

three years from the giving of the consent of the Minister

of Transport to the running by the Corporation of

omnibuses on any route without the borough provide a

service of omnibuses on such route or having provided

shall discontinue any such service the Minister of Trans-

port may on the application of any local authority within

whose district the route or any part of the route is situate

and after considering any representation which may be

made on behalf of the Corporation by order declare that

unless a service of omnibuses be provided within such

period as the Minister of Transport may by such order

[15 & 16

GEO.

5.] Darlington [Ch.

cxvi.]

Corporation (Transport, &c.) Act, 1925.

prescribe the powers of the Corporation under this Act A.D. 1925.

in respect of the provision and running of omnibuses on —

such route or part of such route shall determine and if

within the prescribed period such service be not provided

then as from the expiration of such period the powers of

the Corporation under this Act in relation to the pro-

vision and running of omnibuses on such route or part

of a route shall cease :

Provided that this section shall not apply or have

effect in the event of the failure of the Corporation to

provide a service of omnibuses on any route being due

to strikes unforeseen accident or circumstances beyond

the control of the Corporation.

29.—(1) {a) Before the Corporation commence to Provision as

run trolley vehicles or omnibuses under the powers of to adapta-

this Act over any road or part of a road in respect of ^n

of roads

which they are not the road authority it shall be.

determined by agreement between the Corpora-

tion and the road authority or failing agreement

by the Minister of Transport whether it is necessary

(in order to provide for the running under the powers of

this Act of a trolley vehicle or omnibus service over any

such road or part of a road) to adapt alter or reconstruct

such road or part of a road or to strengthen any county

bridge or district bridge and if so what sum of money (if

any) per mile of road so to be adapted altered or recon-

structed or what sum of money (if any) in respect of any

such bridge shall be payable by the Corporation to the

road authority by way of contribution towards the cost

incurred in such adaptation alteration reconstruction or

strengthening.

(b) Within six months after the date upon which all

questions to be agreed or determined in pursuance of

paragraph (a) of this subsection have been so agreed or

determined the Corporation shall give notice in writing

to the road authority as to whether they intend to run

trolley vehicles or omnibuses (as the case may be) over

the road or part of a road or bridge in question.

road authority that they intend to run trolley vehicles

or omnibuses over the road or part of a road or bridge in

question and if it shall have been agreed or determined

that.the Corporation are to make any payment to the

•[Ch*exvii] Darlington ,[15 &

16.GEO.

5;]

Corporation (Transport, ) Act, 1925.

A.D.

1925. road authority under the provisions of paragraph (a) of

this subsection the Corporation shall on receipt of any

certificate which may from time to time be issued by the

engineer in charge of the work of adaptation alteration

or reconstruction of such road or part of a road or of

strengthening such bridge pay to the road authority such

proportion of the total amount of the contribution agreed

or determined to be payable by the Corporation as the

amount so certified to have been expended upon such

work bears to the total amount estimated to be expended

by the road authority on such work Provided that the

aggregate amount to be so paid by the Corporation shall

not exceed the amount of the contribution agreed or

determined to be payable by them as aforesaid.

(d) Notwithstanding anything in this subsection the

•Corporation shall not be required to pay any sum in

respect "of any work towards or in respect of the adapta-

tion alteration or reconstruction of any such road or part

of a road or the strengthening of any bridge which is not

executed within three years from the date on which the

Corporation shall commence to run trolley vehicles or

omnibuses over the road or part of a road to be adapted

altered or reconstructed or over the bridge to be

strengthened.

(e) Not more than one payment or (in the case of a

payment by instalments in accordance with para-

graph (c) of this subsection) one series of payments shall

be made in respect of any such road or part of a road so

adapted altered or reconstructed or of any such bridge

so strengthened.

(/) For the purposes of this subsection the expres-

sion " county bridge " shall include every bridge main-

tainable by a county council and in respect of such bridge

the county council shall be deemed to be the road autho-

rity and the expression '' district bridge '' shall include

every bridge maintainable by a district council and in

respect of such bridge the district council shall be deemed

to be the road authority.

(2) Any payment made to a road authority under

this section in respect of any main road retained by them

under subsection (-2) of section 11 of the Local (govern-

ment Act 1888 or maintained by them under sub-

section '(4) of that section shall be .credited-to the cou&ty

--24:

[15 & 16

GEO.

5.] Darlington [Ch. CXVlJ

Corporation {Transport, &c.) Act, 1925.

council in ascertaining the amount payable by them

A.D.

J925.

under either of the said subsections of the Local Govern- —

ment Act 1888.

(3) If any such adaptation alteration reconstruction

or strengthening as aforesaid shall involve an alteration

of any telegraphic line (as defined by the Telegraph Act

1878) belonging to or used by the Postmaster-General the

enactments contained in section 7 of the Telegraph Act

1878 shall apply to any such alteration and the road

authority shall be deemed to be fC undertakers " within

the meaning of the said Act.

(4) The road authority shall not under section 23

of•'-'

the Highways and Locomotives (Amendment) Act 1878

as amended by section 12 of the Locomotives Act 1898 or

otherwise make any claim against the Corporation in

respect of extraordinary traffic by reason of the user of

any highway by the trolley vehicles or omnibuses of the

Corporation.

(5) An agreement under this section with respect to

any main road maintained by a local authority at the

expense of any county council shall not be made except

with the concurrence of that county council.

(6) Nothing in this Act shall impose any obligation

upon any railway or canal company to strengthen adapt

alter or reconstruct any bridge maintainable by them or

enlarge any existing obligation.

30.

The Corporation may on market or fair days or

for the execution of any works by the Corporation or

during the time of any public meeting procession or

demonstration or for any other purpose which the Cor-

poration having regard to the good government of the

borough or the safety of the public may deem necessary

order that the running of trolley vehicles on any trolley

vehicle route or part thereof shall be stopped delayed or

suspended but so that such stoppage delay or suspension

shall continue only so long as may reasonably be neces-

sary for the purposes aforesaid or any of them and the

Corporation shall not be liable to pay compensation for

damages in respect

thereof.

31.

If any person wilfully and unlawfully does or

causes to be done with respect to any apparatus used for

-or in, connection with the working of the trolley vehicles

of the Corporation anything which is calculated to

,2 25

Power for

Corpora-

tion. to

suspend

traffic.

Penalty for

malicious

damage.

A.D.

1925.

Use of

trolley

vehicles for

sanitary

purposes.

Attachment

of brackets

&c.

buildings,

[Oh. CXVi.] Darlington [15 & 16

GEO.

5.]

Corporation {Transport, &c.) Act, 1925.

obstruct or interfere with the working of such trolley

vehicles or to cause injury to any person he shall be liable

to a penalty not exceeding twenty pounds.

32.

The Corporation may at such times and in such

manner as they think fit (but subject to the provisions

of this Act and to any byelaws for the time being in force

with respect to trolley vehicles) use trolley vehicles for

sanitary or road watering purposes and for the con-

veyance of scavenging stuffs road metal and other

materials required for the works of the Corporation.

33.

The Corporation may with the consent of the

owner of any building attach to that building such

brackets wires and apparatus as may be required for the

working of their trolley vehicles by mechanical power:

Provided that—

(1) Where in the opinion of the Corporation any

consent under this section is unreasonably

refused they may appeal to a petty sessional

court who shall have power having regard to

the character of the building and to the other

circumstances of the case to allow the attach-

ment subject to such terms as to compensation

or rent and otherwise as they may think

reasonable or to disallow the same and may

determine by which of the parties the costs of

the appeal are to be paid;

(2) Any consent of an owner and any order of a

petty sessional court under this section shall

not have effect after that owner ceases to be

in possession of the building but any attach-

ments fixed under the provisions of this

section shall not be removed until the expira-

tion of three months after any subsequent

owner shall have given to the Corporation

notice in writing requiring the attachments

to be removed Where such notice is given

the preceding provisions of this section shall

apply and the petty sessional court shall have

the same powers as under proviso (1);

(3) The owner may require the Corporation tem-

porarily to remove the attachments where

necessary during any reconstruction

or.

repair

of the building.

[15 & 16

GEO.,

5.] Darlington [Ch.

Cxvi.]

Corporation {Transport, &c.) Act, 1925.

For the purpose of this section any occupier of a A.B. 1925.

building whose interest in the premises occupied is not —

less than that of a yearly tenant and in the case of any

other tenancy the person receiving the rack rent shall be

deemed to be the owner.

34.—(1) Subject 'to the provisions of this section Fares and

the Corporation may demand and take for passengers charges &c

and parcels carried on the omnibuses of the Corporation *or omm-

fares and charges not exceeding such maximum fares

and charges as may from time to time be approved by

the Minister of Transport.

Any application for a revision of such maximum

fares or charges may be made by the Corporation or by

twenty inhabitant ratepayers of the borough or by the

local authority of any district in which such omnibuses

are run.

Before approving any maximum fares or charges or

any revision thereof under this section the Minister of

Transport may direct an inquiry to be held.

(2) The Corporation may if they think fit carry on

the omnibuses small parcels not exceeding fifty-six

pounds in weight and dogs in the care of passengers the

charge for any such dog to be a sum not exceeding the

fare payable by the passenger.

(3) Every passenger travelling upon the omnibuses

of the Corporation may take with him his personal

luggage not exceeding twenty-eight pounds in weight

without any charge being made for the carriage thereof

but all such personal luggage must be carried by hand

and at the responsibility of the passenger and must not

be placed so as to occupy any part of a seat and must not

be of a form or description to annoy or inconvenience

other passengers.

35.

The Corporation may run through trolley Through

vehicles or omnibuses along any route on which the Cor- trolley

poration are for the time being authorised to run trolley veni?les and

vehicles or omnibuses and such trolley vehicles and ommbuses-

omnibuses shall be distinguished from other trolley

vehicles and omnibuses in such manner as the Corpora-

tion may direct and they may demand and take for every

passenger by such trolley vehicles and omnibuses a fare

or charge not exceeding the maximum fare or charge

Attachment

of signs

indicating

stopping

places to

lamp-posts

&c.

[Ch.

CXvL] Darlington .[1.5 & 16

GEO.,5.,]

Corporation (Transport, &c.) Actr\9%5.

A.l).

1925. authorised or chargeable for and in respect of the whole

— of such route or the whole of the portion thereof traversed

by any such trolley vehicle or omnibus Provided that

during the running of such through trolley vehicles or

omnibuses the Corporation shall maintain a reasonably

sufficient ordinary service of trolley vehicles or omnibuses

as the case may be.

36.—(1) The Corporation may attach to any lamp-

post pole standard or other similar erection erected-on or

in the highway on or near to the route of any of the

trolley vehicles or omnibuses of the Corporation signs or

directions indicating the position of stopping places for

trolley vehicles and.omnibuses Provided that in cases

where the Corporation are not the owners of such lamp-

post pole standard or similar erection they shall give

notice in writing of their intention to attach thereto any

such sign or direction and shall make compensation to

the owner for any damage or injury occasioned to such

lamp-post pole standard or similar erection by the attach-

ment and the Corporation shall indemnify the owner

against any claim for damage occasioned to any person

or property by or by reason of such attachment.

(2) Nothing in this section shall be deemed to

require the owner to retain any such .lamp-post pole

standard or similar erection when no longer required for

his purposes.

(3) The Corporation shall not attach any such

sign or direction to any pole post or standard belonging

to the Postmaster-General except with his consent in

Writing.-

37.—(1) Notwithstanding anything contained, in

this or any other Act to the contrary the Corporation

may subject to the provisions of this Act on any occasion

run and reserve trolley vehicles or omnibuses on any

route on which the Corporation are for the time being

authorised to run the same for any special purpose

which the Corporation may. consider necessary or desir-

able Provided that such special trolley vehicles, and

omnibuses shall be distinguished from other trolley

vehicles and omnibuses in such manner as the Corpora-

tion may direct and that during.the running,of such

special trolley vehicles or omnibuses the : Corporation

shall maintain a reasonably sufficient ordinary, service

:of

•'•

trolley vehicles or omnibuses as-the case mayi.be..

Vfc8

Power to

reserve cars

for special

purposes.

fl5 & 16 GrBO. 5.] Darlington [Ch. CXVi.]

Corporation (Transport, &c.) Act, 1925.

(2) The Corporation may make byelaws and regula- A.D. 1925.

tions.

for prohibiting the use of any such trolley vehicles —

or omnibuses by any persons other than those for whose

coilvevance the same are reserved.

(3) The restrictions contained in this or any other

Act of the Corporation as to fares rates or charges for

passengers shall not extend to any special trolley vehicles

or omnibuses run for such special services as aforesaid

and in respect thereof the Corporation may demand and

take such fares rates or charges as they shall think fit.

38.

For the better regulation of persons desiring to

travel in the trolley vehicles or omnibuses of the Corpora-

tion the Corporation may make byelaws requiring

persons waiting to enter such trolley vehicles or omni-

buses at any stopping place or terminus upon any of their

trolley vehicle or omnibus routes to wait in lines or

queues and to enter the trolley vehicles or omnibuses in

which they respectively desire to travel in the order in

which they stand in such line or queue and in the event of

the Corporation making any such byelaws they may erect

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 any highway within the

borough.

39.

Notwithstanding anything in this Act con-

tained the following provisions for the protection of the

London and North Eastern Railway Company (in this

section called " the railway company '") shall unless

otherwise agreed between the Corporation and the rail-

way company apply and have effect (that is to

say):

—

(1) Nothing in the section of this Act of which the

marginal note is "As to electrical works "

contained shall authorise any interference with

any bridge or approach thereto or with any

street or road belonging to and forming the

approach to any station or depot of the railway

company or the carrying out by the Corporation

of the works authorised by this section so as to

obstruct or interfere with the convenient access

to any such street or road without in any of

such cases obtaining the consent in writing of

the company

Power to

require in-

tending

passengers

to wait in

lines or

queues.

For further

protection

of London

and North

Eastern

Railway

Company.

[Ch. CXVi.] Darlington [15 & 16

GEO.

5.]

Corporation (Transport,

Act, 1925.

A.I>.

1925.

(2) All works carried out by the Corporation under

the powers of the section of this Act of which

the marginal note is " Discontinuance of light

railways '' which affect the property of the rail-

way company shall be so carried out in accord-

ance with plans sections and specifications to

be previously submitted to and approved by the

engineer of the railway company and under the

superintendence (if such superintendence shall

be given) and to the reasonable satisfaction of

the said engineer:

(3) The Corporation shall not attach any bracket

wire apparatus sign or direction to any build-

ing lamp-post pole standard or other erection

belonging to the railway company except with

their consent in writing :

(4) The Corporation shall not erect maintain or

provide any shed shelter waiting room gangway

cloak-room room barrier or post nor require

persons waiting at any stopping place or any

terminus to wait in any line or, queue so as to

cause interference with or render less con-

venient the access to or exit from any station

depot or property belonging to the railway com-

pany nor except with the consent in writing of

that company shall any shed shelter waiting

room gangway cloak-room room barrier or post

other than posts erected under the powers of the

section of this Act of which the marginal note

is " As to electrical works " be erected main-

tained or provided on any bridge carrying any

street or road over the railways of such

company:

(5) No consent or approval of the .railway company

or their engineer which is required under the

foregoing provisions of this section shall be

unreasonably withheld:

(6) If any dispute shall arise between the railway

company or their engineer and the Corporation

under the foregoing provisions of this section

the same shall be submitted to and determined

hy a single arbitrator to be appointed failing

agreement by the Minister of Transport on the

[15 & 16

GEO.

5.] Darlington [Ch. CXVi.]

Corporation (Transport,

dkc.)

Act, 1925.

application of either party after notice in A.D. 1925.

writing to the other and the provisions of the

Arbitration Act 1889 shall apply to any such

submission.

40.

The Corporation may purchase or take on lease

dwelling-houses for persons employed by them for the

purposes of their trolley vehicle and omnibus under-

takings and car sheds offices and other buildings for the

purposes of those undertakings and may erect maintain

and let dwelling-houses for such persons and offices and

other buildings for the purposes of those undertakings

upon any lands for the time being belonging to the Cor-

poration for the purposes of the said undertakings and

(subject to the terms of the lease) upon any lands for the

time being leased to the Corporation for the purposes of

the said undertakings.

41.

The Corporation may erect and maintain Shelters or

within and with the consent of the local and road waiting

authorities without the borough sheds shelters or waiting

rooms and gangways for the accommodation of pas-

sengers on any trolley vehicle or omnibus routes estab-

lished under the authority of this Act and may (with the

like consents Avithout the borough) use for that purpose

portions of the public streets or roads.

42.

The Corporation may provide cloak-rooms and

rooms or sheds for the storage of bicycles tricycles and

other vehicles at any depot or building used by them in

connection with their trolley vehicle and omnibus under-

takings and at any places on any trolley vehicle or

omnibus route and the Corporation may make charges

for the use of such cloak-rooms and sheds and for the

deposit of articles and things and bicycles and tricycles

and other vehicles therein but shall not" use for the

purpose any part of the highway without the consent of

the road authority.

43.

Any property found in any trolley vehicle or Lost pro-

omnibus of the Corporation or in any cloak-room shed perty.

shelter or waiting room erected maintained or provided

in connection with the trolley vehicle or omnibus under-

takings shall forthwith, be taken to a place to be

appointed for the purpose by the Corporation and if the

same be not claimed within six months after the finding

Dwelling-

houses for

persons in

Corpora-

tion's em-

ployment

and other

buildings.

Cloak-

rooms &c.

[Ch.

cxvi.]

DarUngtwi [15'&. 16 Gup; 5.]

Corporation (Transport, ) Act, 1925.

AD;

1925/ thereof it may be sold as unclaimed property by public

- auction after notice by advertisement in one or more local

newspapers once in each of two successive weeks and the

proceeds thereof carried to the revenue account of the

trolley vehicle or omnibus undertaking as the case may

require.

Conveyance'

of mails.

Payment of

fares rates

and charges.

Trolley

vehicles

omnibuses

and light

railways to

constitute

Darlington

Corporation

Transport

Under-

taking.

Accounts to

be furnished

to Minister

of Trans-

port.

Power to

borrow.

44.

The Corporation shall perform in respect of

trolley vehicles and omnibuses such services in regard to

the conveyance of mails as are prescribed by the Con-

veyance of Mails Act 1893 in the case of a tramway to

which that Act applies.

45.

The fares rates and charges authorised by this

Act or by the provisions incorporated therewith shall be

paid to such persons and at such places upon or near to

the trolley vehicles or omnibuses and in such manner and

under such regulations as the Corporation may by notice

to be annexed to the lists of fares rates and charges

appoint.

46.

Subject to the provisions of this Act the trolley

vehicle and omnibus undertakings authorised by this Act

shall be deemed to form part of the light railway under-

taking and that undertaking shall after the passing of

this Act be called " the Darlington Corporation Trans-

port Undertaking " Provided that in the accounts of

the Corporation relative to their transport undertaking

the receipts and expenditure upon and in connection

with light railways trolley vehicles and omnibuses shall

(so far as may be reasonably practicable) be shown

separately.

47.

The Corporation shall in every year within

three 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 transport undertaking.

48.—(1) The Corporation may from time to time

independently of any other borrowing power borrow at

interest for the purposes mentioned in the first column

of the following table the respective sums mentioned in

the second column thereof and in order to secure the

repayment thereof and the payment of interest thereon

they may mortgage or charge the respective revenue fund

and rate mentioned in the third column of the said table

[15 & 16

GEO.

5.] Darlington [Gh. CXVL]

Corporation (Transport, &c.) Act, 1925.

and they shall pay off all moneys so borrowed within the A.B. 1925.

respective periods (which for the purposes of this Act

and of any enactment incorporated therewith or applied

thereby shall respectively be " the prescribed period ")

mentioned in the fourth column thereof (namely) : —

(1) (2) (3) (4)

Purpose.

(a) For the provision of

trolley vehicles.

(6) For the adaptation

to the running of

trolley vehicles of

the existing light

railways and the

provision of addi-

tional trolley

vehicle equipment.

omnibuses.

(d) For paying the costs

charges and ex-

penses of this Act.

Amount.

51,200

27,000

10,000

The sum

requisite.

Oharge.

The revenue of

the light rail-

way under-

taking and

the borough

fund and

borough rate.

The revenue of

the light rail-

way under-

taking and

the borough

fund and

borough rate.

The revenue of

the light rail-

way under-

taking and

the borough

fund and

borough rate.

The borough

fund and

borough rate.

Period for

Repayment.

Twelveyears from

the date or dates

of borrowing.

Twenty years

from the date

or dates of bor-

rowing.

Eight years from

the date or dates

of borrowing.

Five years from

the passing of

this Act.

(2) (a) The Corporation may also with the consent

of the Minister of Transport borrow such further money

as may be necessary for any of the purposes of this Act.

(b) Any money borrowed under this subsection shall

be repaid within such period as may be prescribed by the

Minister and that period shall be the prescribed period

for the purposes of this Act and the enactments incor-

porated therewith or applied thereby.

borrowed under this subsection and the payment of

C 33

[Ch.

Cxvi.]

Darlington [15 & 16

GEO.

5.]

Corporation (Transport,

Act, 1925.

A.D.

1925. interest thereon the Corporation may mortgage or charge

the revenue of the light railway undertaking and the

borough fund and borough rate.

(3) The provisions of this section prescribing the

revenue fund or rate which may be mortgaged or charged

shall not limit the powers conferred upon the Corpoi

tion by the section of this Act of which the marginal

note is " Power to use one form of mortgage."

Certain pro- 49. In calculating the amount which the Corpora-

visions of tion may borrow under the provisions of the Public

Health Acts Hea^tn Acts any sums which the Corporation may

not

apply,

borrow under or for the purposes of this Act shall not

be reckoned arid, the powers of the Corporation of

borrowing and re-borrowing for the purposes of this Act

shall not be in any way restricted by any of the provi-

sions or regulations of the Public Health Acts.

Application

of financial

provisions

of Order

of 1902.

50.

The following provisions of the Order of 1902

shall with any necessary modifications extend and apply

to the exercise of. the powers of this Act as if the same

were re-enacted in this Act namely: —

Section 72 (Mode of raising money);

Section 74 (Mode of repayment of money bor-

rowed) except the proviso

thereto;

Section 75 (Power to re-borrow);

Section 76 (Protection of lender from inquiry);

Section 77 (Application of money borrowed);

Section 82 (Application of capital moneys);

Paragraphs 1 and 2 of the Second Schedule:

Provided that section 72 shall be read and have effect as

if subsection (2) thereof had been expressed to be made

subject to the provisions of the section of this Act of

which the marginal note is " Power to use one form of

mortgage " :

Provided also that paragraph 1 of the Second

Schedule shall be read and have effect as if in lieu of the

words ". three pounds per centum per annum " there

were inserted the words '" three pounds ten shillings per

" centum per annum or at such higher rate as from time

" to time may be approved by the Minister of Health."

[15 & 16

GEO.

5*] Darlington [Ch. CXVl.]

Corporation (Transport,

dhc.)

Act, 1925.

51.—(1) Where the Corporation have from time to A.D. 1925.

time any statutory borrowing power they may for the —

purpose of exercising such power grant mortgages in Power to

pursuance of the provisions of this, section.

form

(2) Every mortgage granted under this section shall mortgage.

be by deed truly stating the consideration and the time

or the mode of ascertaining the time and the place of

payment and shall be sealed with the corporate seal of

the Corporation and may be made in the form contained

in the schedule to this Act or to the like effect.

(3) All mortgages granted under this section shall

rank equally without any priority or preference by

reason of any precedence in the date of any statutory

borrowing power or in the dates of the respective mort-

gages or on any other ground whatsoever and shall also

rank equally with all other securities granted by the

Corporation at any time after the date of the first grant

of a mortgage under this section.

(4) The repayment of all principal sums and the

payment of interest thereon secured by mortgages

granted under this section shall be and the same are by

virtue of this Act charged indifferently upon all the

revenues of the Corporation.

(5) Nothing in this section contained shall alter or

affect the obligations of the Corporation to provide for

the repayment of the sums secured by mortgages granted

under this section and all such sums shall be repaid

within the periods by the means and out of the funds

rates or revenues within by and out of which they would

have been repayable respectively if this section had not

been enacted.

(6) Nothing in this section contained shall alter or

affect the obligations of the Corporation to provide for

the payment of interest upon the sums secured by mort-

gages granted under this section and the interest upon

such sums shall be paid out of the funds rates or revenues

out of which such interest would have been payable

respectively if this section had not been enacted.

(7) (i) There shall be kept at the office of the town

clerk a register of the mortgages granted under this

section and within fourteen days after the date of any

such mortgage an entry shall be made in the register of

the number and date" thereof and of the names and

descriptions of the parties thereto as stated in the deed.

r> 35

[Ch. CXViJ Darlington [15 & 16

GEO.

5,]

Corporation (Transport, ) Act, 1925.

A.D.

1925. (ii) Every such register shall be open to public in-

spection during office hours at the said office without fee

or reward and the town clerk or other the person having

the custody of the same refusing to allow such inspection

shall be liable to a fine not exceeding five pounds.

(8) Any mortgagee or other person entitled to any

mortgage granted under this section may transfer his

rights and interest therein to any other person by deed

duly stamped truly stating the consideration and such

transfer may be according to the form contained in the

schedule to this Act or to the like effect and shall not

contain any recital trust power or proviso whatsoever.

(9) There shall be kept at the office of the town clerk

a register of the transfers of mortgages granted under

this section and within thirty days after the date of every

deed of transfer if executed within the United Kingdom

or within thirty days after its arrival in the United

Kingdom if executed elsewhere the same shall be pro-

duced to the town clerk who shall on payment of a sum

not exceeding five shillings cause an entry to be made in

such register of its date and of the names and descrip-

tions of the parties thereto as stated in the deed of

transfer and until such entry is made the Corporation

shall not be in any manner responsible to the transferee.

(10) On the registration of any transfer the trans-

feree his executors or administrators shall be entitled to

the full benefit of the original mortgage and the

principal and interest secured thereby and any trans-

feree may in like manner transfer his rights and interest

in any such mortgage and no person except the last

transferee his executors or administrators shall be

entitled to

release,

or discharge any such mortgage or any

moneys secured thereby.

(11) If the town clerk wilfully neglects or refuses to

make in the register any entry by this section required to

be made he shall be liable to a fine not exceeding twenty

pounds. .

52.

The Corporation shall not be bound to see to

the execution of any trust whether express implied or

constructive to which any loan or security for loan given

by them may be subject but the receipt of the person in

whose name any loan or security for loan stands in the

Corpora-

tion not to

regard

trusts &c.

[15 & 16

GEO.

5.] Darlington [Ch.

cxvij

Corporation (Transport, &c.) Act, 1925.

be a sufficient discharge to the Corporation in respect A.D. 1925.

thereof notwithstanding any trusts to which such loan or —

security may be subject and whether or not the Corpora-

tion have had express or implied notice of any such trust

or of any charge or encumbrance upon or transfer of such

loan or security or any part thereof or interest thereon

not entered in their register or books and the Corpora-

tion shall not be bound to see to the application of the

money paid on any such receipt or be answerable or

accountable for any loss misapplication or non-applica-

tion of any such money.

53.

Where more persons than one are registered as interest on

joint holders of any mortgage of the Corporation any one mortgages

of them may give an effectual receipt for any interest held Jomtly-

thereon unless notice to the contrary has been given to

the Corporation or the town clerk by any other of them.

54.

If any moneys are payable to a mortgagee or Receipt in

stockholder being a minor idiot or lunatic the receipt of case

the guardian or committee of his estate shall be a persons not

sufficient discharge to the Corporation. SU1 •,U11S"

55.—-(1) Any mortgagee of the Corporation by Appoint-

virtue of this Act may enforce the payment of arrears of men* of

interest or of principal or of principal and interest by

the appointment of a receiver The amount of arrears

of principal due to such mortgagee or in the case of a

joint application by two or more mortgagees to such

mortgagees collectively to authorise the appointment of

a receiver shall not be less than one thousand pounds in

the whole.

(2) The application for the appointment of a

receiver shall be made to the High Court.

receiver.

56.

When under the provisions of any Act of

Parliament or of any Order confirmed by or having the

effect of an Act of Parliament whether passed confirmed

or made before or after the passing of this Act the Cor-

poration are empowered or required to form a sinking

fund for the payment off of moneys borrowed or payable

by them they may (in addition to any other powers for

the time being vested in them) invest such sinking fund

and the interest on the investments of such sinking fund

in statutory securities. 37

Power to

invest all

sinking

funds in

statutory

securities.

[Cll. CXVi.j Darlington [15 & 16

GEO,

5*]

Corporation (Transport, &c.) Act, 1925.

A.IX 1925. 57.—-(1) Where the Corporation are authorised by

P ^~7 ?ny statut°i,y borrowing power to raise money they may

usTsinkLr instead °f exercising such borrowing power by the issue

fund instead of any fresn security in respect thereof exercise the said

of borrow- power and raise the said money either wholly or partially

rag. by using for such purpose so much of any money for the

time being forming part of a sinking fund as shall be

available for the repayment of, moneys borrowed by the

Corporation Provided that the Corporation shall not

use for such purpose any sinking fund which has been

set aside in respect of any loan raised on mortgage and

shown by the mortgage Whave been raised in exercise of

a particular borrowing power Provided also that when

exercising the powers of this section the Corporation

shall-—

(a) withdraw from the sinking fund a sum equal to

the amount of the statutory borrowing power

proposed to be exercised by the user of moneys

from such sinking fund;

(b) credit such sinking fund with the repayment of

an amount of the principal moneys for the

repayment of which the fund is established

equal to the sum withdrawn from the sinking

fund and thereupon the amount so credited

•

shall be deemed to. be principal moneys dis-

charged by application, of

the.

sinking fund;

power proposed to be exercised with an amount

of the principal moneys equal to the sum with-

drawn from such sinking fund and thereupon

the statutory borrowing power shall be deemed

to have been exercised as fully as if the said

amount had been raised by the issue of a fresh

security and the provisions of any enactment

as to the repayment and reborrowing

sums raised under the statutory borrowing

power shall apply thereto accordingly.

(2) When any of the moneys are discharged by the

application of any part of the sinking-fund-the moneys

so discharged shall be deemed to be in respect of such

one or more of the borrowing powers under which the

moneys for the repayment of which the sinking fund is

established were borrowed and if in respect of more than

[1-5 .&

GEO.

5.] Darlington [Ch. CXVi.]

Corporation (Transport, &c.) Act, 1925.

one in such proportions as the Corporation shall deter- A.B. 1925.

mine Provided that the amount of the moneys deemed —-

to be discharged in respect of any borrowing power shall

not exceed the amount of the contributions paid into the

sinking fund in respect of that borrowing power and the

accumulations (if any) thereon.

58»—(1) The town clerk shall if and when he is Return to

requested by the Minister of Health so to do transmit to Minister

the Minister a return showing the provision made for Healt^ with

the repayment of any loans raised by the Corporation repayment

under any statutory borrowing power. of debt.

(2) The return shall show such particulars and shall

be made up to such date and in such form as the

Minister may require and shall if so required by him be

verified by a statutory declaration of the town clerk or

other the chief accounting officer of the Corporation and

shall be transmitted within one month after the making

of the request and in the event of his failing to make

such return the town clerk shall for each offence be

liable to a penalty not exceeding twenty pounds to be

recovered by the Minister in a court of summary juris-

diction and notwithstanding the recovery of such penalty

the making of the return shall be enforceable by writ of

mandamus to be obtained by the Minister out of the

High Court.

(3) If it appears to the Minister by such a return as

aforesaid or otherwise that the Corporation have failed

to pay any instalment or annual payment required to be

paid or to appropriate any sum required to be appro-

priated or to set apart any sum required for any sinking

fund (whether such instalment or annual payment or sum

is required by any enactment relating to the statutory

borrowing power or by the Minister in virtue thereof to

be paid appropriated or set apart) or have applied any

portion of any sinking fund to any purpose other than

those authorised the Minister may by order direct that

the sum in such order mentioned not exceeding the

amount in respect of which default has been made shall

be paid or applied in the manner and by the date in such

order mentioned and the Corporation shall notify the

Minister as soon as the order is complied with and any

such order shall be enforceable by writ of mandamus to

be obtained by the Minister out of the High Court.

E .39

[Cil. CXVL] Darlington [15 & 16

GEO.

5.]

Corporation {Transport, &c.) Act, 1925.

A.D.

1925. (4) The following enactments are hereby repealed

—- (namely);—

(a) Article VIII. of the Darlington Order 1896 con-

firmed by the Local Government' Board's

Provisional Orders Confirmation (No. 18) Act

1896;

(b) Article IX. (Return as to provision for repay-

ment of debt) of the Darlington Order 1902

confirmed by the Local Government Board's

Provisional Orders Confirmation (No. 9) Act

1902;

(o) Any provision (other than the foregoing provi-

sions of this section) of any enactment now in

force in the borough requiring an annual

return to be made to the Minister with regard

to the repayment of debt.

Retention 59.—(1) Notwithstanding anything in any other

an? disposal ^ct or

j4LC|-s

to tne contrary the Corporation may retain

o an a. lioldL and use for such time and for such purpose as they

may think fit or may sell lease exchange or otherwise

dispose of in such manner and for such consideration

and purpose and on such terms and conditions as they

may think fit and either in consideration of the execution

of works or of the payment of a gross sum or of an annual

rent or of any payment in any other form any lands or

any interest therein acquired or to be acquired by them

under any grant or award or any general or local Act

for the time being in force in the borough (other than

the Housing Acts 1890 to 1924) or any Provisional or

other Order and may sell exchange or dispose of any

rents reserved on the sale lease exchange or disposition

of such lands or interests therein and may make do and

execute any deed act or thing proper for effectuating any

such sale lease exchange or other, disposition and on any

exchange may give or take any moneys for equality of

exchange:

Provided that the Corporation .shall not without

the consent of the Minister of Health sell lease exchange

or otherwise dispose of any such lands or any interests

therein at a price or rent or for a consideration of a value

less than the current market value of such lands or

interests.

[15 & 16

GEO.

5.] Darlington [Ch. CXVi.]

Corporation (Transport, &c.) Act, 1925.

(2) Nothing in this section shall be taken to dispense A.D. 1925.

with the necessity for obtaining the approval of any —

Government department to any sale lease appropriation

or other disposition of any lands acquired under any Act

for which such approval would be required but for the

provisions of this section.

(3) Nothing in this section contained shall release

the Corporation or any person purchasing or acquiring

any lands from them under this section from any rents

covenants restrictions reservations terms or conditions

made payable by or contained in any conveyance lease or

other deed or instrument by which any such lands were

or may hereafter be conveyed or leased to or otherwise

acquired by the Corporation or any person from or

through whom the Corporation may have derived or may

hereafter derive title to the same but all such rents

covenants restrictions reservations terms and conditions

shall remain and be of as full force and effect and may

be recovered exercised enjoyed and enforced in like

manner and to the same extent as if this Act had not

been passed.

(4) Any capital moneys received by the Corporation

under this section on the resale or exchange of or by

leasing any lands acquired under any Act shall be

applied in the same manner as capital moneys received

under that Act are applicable or in such other manner

as may be approved by the Minister of Health.

60.—(1) Where any notice or demand under this Authentica-

Act or under any Act Provisional Order or byelaw for tion and

the time being in force within the borough requires

serTlce

°f

authentication by the Corporation the signature of the notlces c-

town clerk or other duly authorised officer of the Cor-

poration shall be sufficient authentication.

(2) Notices demands orders and other documents

required or authorised to be served under this Act or

under any local Act Provisional Order or byelaw for the

time being in force within the borough may notwith-

standing anything in such Act or Order contained be

served in the same manner as notices under the Public

Health Act 1875 are by section 267 (Service of notices)

of that Act authorised to be served Provided that in the

case of any company any such notice demand order or

AD:

1925.

Evidence of

appoint-

ments

authority-

fee.

[Cfh. CXyiJ Darlington [15 & 16

GEO.

5.]

Corporation,(Transport, ) Act, 1925.

document shall be delivered or sent by post addressed to

the secretary of the company at their registered office or

at their principal office or place of business.

61.

Where in any legal proceedings taken by or on

behalf of or against the Corporation or any officer

servant solicitor or agent of the Corporation or of any

committee of the council under this Act or under any

general or local Act for the time being in force in the

borough it becomes necessary to prove the appointment or

authority of any officer servant solicitor or agent of the

Corporation or of any committee of the council or to

prove any resolution or order of the council or any resolu-

tion order or report of any committee of the council a

certificate of such appointment authority resolution

order or report purporting to be authenticated by the

signature of the mayor or of the town clerk shall be

prima facie evidence of such appointment authority

resolution order or report without further proof of the

holding of any meeting or the production of any minute

book or other record or document.

Damages 62. Where any damages expenses costs or charges

and charges are directed or authorised to be paid or recovered in

settled addJtion to any penalty for any offence in this Act men-

tioned the amount oi such damages expenses costs or

charges in case of dispute respecting, the same may be

settled or determined by a court of summary jurisdiction

before whom any offender is convicted.

63.

Proceedings for the recovery of any demand

made under the authority of this Act or any incorporated

enactment whether provision is or is not made for the

recovery in any specified court or manner may be taken

in any county court having otherwise jurisdiction in the

matter provided that the demand does not exceed the

amount recoverable in that court in a personal action.

Recovery of 64. Save as otherwise by this Act expressly pro-

penalties

&c.

yided all offences against this Act and all penalties

forfeitures costs and expenses imposed or recoverable

under this Act or any byelaw made in pursuance thereof

may be prosecuted and recovered in a summary manner

Provided that costs or expenses except such as are

recoverable along with a penalty shall not be recovered

as penalties but may be recovered summarily as civil

debts.

by justices.

Recovery of

demands. ,

[15 & 16

GEO.

5.] Darlington [Ch. CXVi.]

Corporation {Transport,

Act, 1925.

65.

Save as herein expressly provided all informa- A.D. 1926.

tions and complaints under or for the breach of any of

the provisions of this Act or of any byelaw made there- Informa-

under may be laid and made by any officer of the Cor- ^om to be

poration duly authorised in that behalf or by the town

iajd.

clerk or by any police officer acting for or within the

borough.

66.

Nothing in this Act shall protect any person Saving for

from being proceeded against by way of indictment in indictments

respect of any matter by this Act made punishable on &c-

summary proceedings or shall relieve any person in

respect of any such matter from any penal or other con-

sequence to which he would have been liable if such

matter had not been made punishable by this Act Pro-

vided that nothing in this Act shall make a person liable

to be punished more than once for the same offence.

67.

Section 265 (Protection of local authority and Application

their officers from personal liability) of the Public Health °ff pe£en265

Act 1875 shall extend and apply to the purposes of this Health

Act

Act as if the same were re-enacted herein. 1875-

68*

A judge of any court or a justice shall not be Judges &c.

disqualified from acting in the execution of this Act by not dis-

reason of his being liable to any rate. qualified,

69.

Any byelaws and regulations made by the Cor- As to bye-

poration under the provisions contained in this Act shall laws &c-.

be made subject and according to the provisions of the ^Jerthis

Tramways Act 1870 with respect to the making of

byelaws.

70.

In respect of the exercise of any powers or inquiries by-

duties conferred on the Minister of Transport or the Minister

giving by him of any consents under this Act the pro- Transport.

visions of Part I. of the Board of Trade Arbitrations

&c.

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 hands of the President

or of one of the secretaries of the Board."

71.

Where the Minister of Transport causes any Expenses

inquiry to be held under the provisions of this Act all inquiry by

expenses incurred by the Minister in relation to that ^iaterof

inquiry shall be paid as the Minister may by order direct

TransPort*

AiD.

1925.

Powers of

Act eumu

lative.

Costs of

Act.

[Ch. CXVi.J Darlington

[15.

GEO.

5.]

Corporation (Transport, ) Act, 1925.

either by the Corporation or by any of the parties on

whose representation the inquiry is held or partly by the

Corporation and partly by any of such parties and the

Minister may certify the amount of the expenses incurred

and any sum so certified and directed by the Minister to

be paid shall be a debt due to the Crown.

72.

All powers rights and remedies given to the

Corporation by this Act shall (except where otherwise

expressly provided) be deemed to be,in addition to and

not in derogation of any other powers rights or remedies

conferred on them or on any committee appointed by

them by Act of Parliament charter law or custom and

the Corporation or such committee (as the case may be)

may exercise such other powers and be entitled to such

other rights and remedies as if this Act had not been

passed Provided that no person shall incur more than

one penalty (other than a daily penalty for a continuing

offence) for the commission of the same offence.

73.

All the costs charges and expenses preliminary

to and of and incidental to the preparing applying for

obtaining and passing of this Act shall be paid by the

Corporation out of the borough fund and borough rate

or the revenue of the light railway undertaking or out

of moneys to be borrowed under this Act for that

purpose.

[15 & 16

GEO.

5.] Darlington, [Ch. CXVi.]

Corporation {Transport, &c.) Act, 1925.

The SCHEDULE referred to in the foregoing Act.

A.D.

192&.

(Section 51.)

FORM OF MORTGAGE.

BOROUGH OF DARLINGTON.

By virtue of the Darlington Corporation (Transport &c.)

Act 1925 and of other their powers in that behalf them enabling

the mayor aldermen and burgesses of the borough of Darlington

(hereinafter referred to as " the Corporation ") in consideration

of the sum of pounds (hereinafter referred

to as " the principal sum ") paid to the treasurer of the borough

by of

(hereinafter referred to as " the mortgagee ") do hereby grant

and assign unto the mortgagee [his] executors administrators and

assigns such proportion of the revenues of the Corporation (which

expression includes the revenues of the Corporation from time

to time arising from any land undertaking or other property

for the time being of the Corporation and the rates or contribu-

tions leviable by or on the order or precept of the Corporation)

as the principal sum doth or shall bear to the whole sum which

is or shall be charged on the said revenues To hold unto the

mortgagee [his] executors administrators and assigns from the

day of the date of these presents until the principal sum shall

be fully paid and satisfied with interest for the same (subject as

hereinafter provided) at the rate of per centum

per annum from the day of

one thousand nine hundred and until the payment

of the principal sum such interest to be paid half-yearly on

the day of and the

day of in each year And it is hereby agreed

that the principal sum shall be repaid at the offices of the town

clerk of the said borough (subject as hereinafter provided)

on the day of one thousand nine

hundred and by :

Provided always and it is hereby agreed and declared that

the before mentioned time for repayment may be extended to

such subsequent day or days and upon any such extension the

before-mentioned rate of interest may be altered to such other

rate or rates of interest as shall from time to time be agreed upon

between the Corporation and the mortgagee and mentioned in

an endorsement to be made hereon under the hand of the mayor

or the town clerk of the borough for the time being and that

upon any such endorsement being made whether relating to

extension of time only or to extension of time with alteration of

[Ch. CXVi.] Darlington

[15 & 16

GEO.

5.]

Corporation (Transport, cfcc.)

Act, 1925.

A.D.

1925. rate

interest

the

provisions thereof shall

incorporated

—-

herewith

and

shall operate

and

take effect

though they

had

been originally inserted herein.

In witness whereof

the

Corporation have caused their

corporate seal

to be

hereunto affixed this

dav

one

thousand nine hundred

and

Town Clerk.

THE ENDORSEMENT WITHIN REFERRED TO.

The within named consenting

the

within-mentioned time

for

repayment

of the

within-mentioned

principal

sum of is

hereby extended

the day of one

thousand

nine hundred

and [and the

interest

to be

paid

thereon

on and

from

the day of one

thousand nine hundred

and is

hereby declared

at the

rate

of per

centum

per

annum].

Bated this

day of one

thousand nine hundred

and

FORM OF TRANSFER OF MORTGAGE.

[the

within named]

[of.

]

in consideration

of the sum of

pounds

paid

to me by of

(hereinafter referred

to as " the

transferee

") do

hereby transfer

the

transferee

[his]

executors administrators

and

assigns

[the within-written security]

[the

mortgage number

the revenues

of the

mayor aldermen

and

burgesses

of the

borough

of Darlington bearing date

the day of ]

and

all my

right

and

interest under

the

same subject

to the

several conditions

which

hold

the

same

at the

time

of the

execution hereof

and I the

transferee

for

myself

executors

administrators

and

assigns

hereby agree

take

the

said

mortgage security subject

to the

same conditions.

Dated this

day of one

thousand

nine hundred

and

Printed by

EYRE

and

SFOTTISWOODE,

LTD.,

FOB

WILLIAM RICHARD CODLING,

Esq., C.V.O., O.B.E., the King's Printer of

Acts of Parliament.

To be purchased directly from H.M. STATIONERY OFFICE

the following addresses

Adastral House, Kingsway, London, W.C. 2; 28. Abingdon Street, London, 8.W.

York Street, Manchester;

1, St.

Andrew's Crescent,

Cardiff;

or 120, George Street, Edinburgh;

or through

any

Bookseller.

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