Advanced Search

Upper Douglas Tramway Act 1895


Published: 2012-09-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Upper Douglas Tramway Act 1895

c i e
AT 6 of 1895

THE UPPER DOUGLAS TRAMWAY ACT

1895

The Upper Douglas Tramway Act 1895 Index


c AT 6 of 1895 Page 3

c i e
THE UPPER DOUGLAS TRAMWAY ACT 1895

Index Section Page

1 Short title .......................................................................................................................... 9
2 Definitions........................................................................................................................ 9
3 [Repealed] ...................................................................................................................... 10
4 Extensions and additions to Douglas Bay Tramway legalised .............................. 10
5 [Repealed] ...................................................................................................................... 10
6 Douglas Bay Tramway may be worked by power other than animal
power, if approved by Tynwald ................................................................................. 10
CONSTRUCTION OF TRAMWAY 10
7 to 10 [Repealed] ............................................................................................................. 10
11 Purposes for which tramway may be used ............................................................... 10
12 to 18 [Repealed] ............................................................................................................. 10
19 Rights of authorities, companies, etc, to open road ................................................. 10
20 to 29 [Repealed] ............................................................................................................. 11
Future Purchase of the undertakings by the Commissioners 11

30 Power to purchase ........................................................................................................ 11
31 to 34 [Repealed] ............................................................................................................. 12
Bye-laws 12

35 Bye-laws by promoters ................................................................................................ 12
36 When bye-laws shall be deemed to be duly made ................................................... 12
37 Confirmation by Tynwald Court ................................................................................ 13
38 Publication ..................................................................................................................... 13
39 Proof of publication ...................................................................................................... 13
Offences 13

40 to 46 [Repealed] ............................................................................................................. 13
47 Stationary carriages ...................................................................................................... 13
48 [Repealed] ...................................................................................................................... 14
49 Recovery of penalty ...................................................................................................... 14
50 to 58 [Repealed] ............................................................................................................. 14
Index The Upper Douglas Tramway Act 1895


Page 4 AT 6 of 1895 c

FIRST SCHEDULE 15

SECOND SCHEDULE 15
ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

The Upper Douglas Tramway Act 1895 Section 1


c AT 6 of 1895 Page 5

c i e
THE UPPER DOUGLAS TRAMWAY ACT 1895

Received Royal Assent: 12 December 1895
Promulgated: 7 January 1896
Commenced: 7 January 1896
AN ACT
to authorize the Isle of Man Tramways and Electric Power Company,
Limited, to construct a Street Tramway to Upper Douglas, and to carry out the
terms of a certain Agreement made between the said Company and the Douglas
Town Commissioners.
GENERAL NOTES:

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. References to the Rolls Office are to be construed in accordance with the General
Registry Act 1965.
Preamble

Whereas
, by “The Douglas Bay Tramway Act, 1876, Thomas Lightfoot, his heirs,
and assigns, in the said Act called “the promoters”, were authorized and
empowered to construct and maintain, subject to the provisions of the said Act,
a certain tramway in the said Act described, with all proper rails, plates, offices,
stables, carriage houses, warehouses, works, and conveniences connected
therewith or for the purposes thereof, and to use and work the same, which said
Act provided that the tramway so authorized should commence at the west end
of the Queen Victoria Pier, passing thence in a northerly direction along the
Loch Promenade or shore enclosure, and thence turning into the Colonel’s-road,
and thence along the said road and along the highroad to Conchan, as far as the
road turning down to the shore at Strathallan Crescent. Provided always, that
the road authority, with the sanction of the Tynwald Court, might at any time
require the promoters to take up such portions of the tramway as might be
considered by the road authority to be inconveniently placed, and to decide
where such portions might be relaid by the promoters at the promoters’ own
expense.
And whereas
the said Act further provides that the promoters aforesaid might,
subject to the provisions of the said Act, and with the consent of the road
authority, from time to time make, maintain, alter, and remove such deviations,
Section 1 The Upper Douglas Tramway Act 1895


Page 6 AT 6 of 1895 c

crossings, passing places, sidings, and other works, in addition to those
particularly specified in the said Act or on the deposited plans, as they might
find necessary or convenient for the efficient working of the tramway, or for
providing access to any warehouse, stables, carriage-houses, or works
connected with the said tramway:
And whereas
section 24 of the said Act provided that the road authority (if, by
resolution passed at a special meeting of the members constituting such road
authority, they so decided) might, within six months after the expiration of a
period of twenty-one years from the promulgation of the said Act, and within
six months after the expiration of every subsequent period of seven years, or
within three months after any order made by the Governor under either
section 22 or 23 of the said Act, with the approval of the Governor, by notice in
writing, require the promoters aforesaid to sell, and thereupon such promoters
should sell, to them their undertaking, upon terms of paying the then value
(exclusive of any allowance for past or future profits of the undertaking, or any
compensation for compulsory sale, or other consideration whatsoever) of the
tramway, and all lands, buildings, works, materials, and plant of the promoters
suitable to, and used by them for the purposes of their undertaking, such value
to be, in case of difference, determined by an engineer or other fit person
nominated as referee by the Governor, on the application of either party, and
the expenses of the reference to be borne and paid as the referee should direct;
and that, when any such sale had been made, all the rights, powers, and
authorities of the promoters in respect of the undertaking sold, or, where any
order has been made by the Governor under either section 22 or 23 of the said
Act, all the rights, powers, and authorities of such promoters previous to the
making of such order in respect of the undertaking sold, should be transferred
to and vested in, and might be exercised by, the authority to whom the same
had been sold, in like manner as if such tramway had been constructed by such
authority under powers conferred upon them by the said Act, and, in reference
to the same, they should be deemed to be the promoters aforesaid: Provided
that no such resolution should be valid unless passed and afterwards confirmed
by the Tynwald Court in manner set forth in the said Act.
And whereas
it was provided by section 25 of the said Act that when the
tramway had been opened for traffic for a period of six months the promoters
aforesaid might, with the sanction of the Governor, sell their undertaking to any
person, persons, corporation or company, or to the road authority, and that
where any such sale had been made all the rights, powers, authorities,
obligations, and liabilities of such promoters in respect of the undertaking sold
should be transferred to, vested in, and might be exercised by, and should
attach to the person, persons, corporation, company, or road authority to whom
the same had been sold, in like manner as if such tramway had been constructed
by such person, persons, corporation, company, or road authority under the
powers conferred upon them by the said Act, and, in reference to the same, they
should be deemed to be the promoters aforesaid: Provided always that the road
authority should not purchase the undertaking under the provisions of the
The Upper Douglas Tramway Act 1895 Section 1


c AT 6 of 1895 Page 7

section in recital unless they should decide to make such purchase by resolution
passed as provided in the said Act:
And whereas
it was provided by section 17 of the said Act that all carriages
used on the tramway should be moved by animal power only, except by the
written permission of the road authority, approved of by the Tynwald Court:
And whereas
the promoters aforesaid, having constructed the tramway so
authorized by the said Act as aforesaid, and the same having been opened for
traffic for a period of six months and upwards, by indenture bearing date the
17th day of November, 1884, and made by and between the said Thomas
Lightfoot and Jane Lightfoot, his wife, of the first part; Walter Pitt, of
Manchester, and George John Cuddon, of Stoke-on-Trent, of the second part;
Frederick William Barnett, of Manchester aforesaid, of the third part; and the
Isle of Man Tramways, Limited (a company incorporated and registered in the
Isle of Man), of the fourth part, the said Thomas Lightfoot, and Jane, his wife,
for the consideration in the indenture in recital set forth, sold and conveyed
(with the consent of the Lieutenant-Governor of this Island, signified in the
margin of the deed in recital) unto the Isle of Man Tramways, Limited, the
whole of their right, title, estate, and interest, legal and equitable, in and to the
tramway extending from the Queen Victoria Pier along the Promenade and the
Colonel’s and Crescent roads to Burnt Mill hill, in the said town of Douglas, and
also in and to the whole of the lands and premises purchased by the said
Thomas Lightfoot, as described in the indenture in recital:
And whereas
, since the construction of the tramway, the same has, with the
consent of the road authority, and as to certain of the extensions and additions
hereinafter mentioned, under the provisions of certain Acts of Tynwald, been
extended and added to:
And whereas
the Douglas and Laxey Coast Electric Tramway, Limited, is a
corporation constituted under the Companies’ Acts, 1865 to 1892, for the
purpose amongst other things of acquiring, constructing, maintaining, and
working tramways in the Isle of Man:
And whereas
, by deed bearing date the 1st day of May, 1894, the Isle of Man
Tramways, Limited, for the consideration in the deed in recital set forth, did
(with the consent of the Lieutenant-Governor of this Island, signified in the
margin of the deed in recital) sell and convey unto the Douglas and Laxey Coast
Electric Tramway, Limited, inter alia, all the undertaking and tramway known
as the Douglas Bay Tramway, then extending from opposite the Peveril Hotel,
in the said town of Douglas, to Derby Castle gates in the said town; also all
rights of user and other rights, powers, authorities, and appurtenances then
vested in the Isle of Man Tramways, Limited, in respect of the said tramway,
under and by virtue of the Douglas Bay Tramway Act, 1876, the Douglas
Crescent Improvement Act, 1889, and the Howstrake Estate Act, 1892:
And whereas
, by a special resolution duly passed by the Douglas and Laxey
Coast Electric Tramways, Limited, and confirmed at an extraordinary general
meeting of the Company, duly convened and held upon the 30th day of April,
1894, it was resolved that the name of the Company be changed to “The Isle of
Section 1 The Upper Douglas Tramway Act 1895


Page 8 AT 6 of 1895 c

Man Tramways and Electric Power Company, Limited,” and such change of
name was approved of by the Lieutenant-Governor by order made upon the
17th day of May, 1894, and now deposited with the Registrar of Joint Stock
Companies:
And whereas
the said tramway (hereinafter called “the Douglas Bay
undertaking”) is now vested in and is the property of “The Isle of Man
Tramways and Electric Power Company, Limited” (hereinafter called “the
promoters”):
And whereas
, for the purpose of the Douglas Bay Tramway Act, 1876, the
Douglas Town Commissioners (hereinafter called “the Commissioners”) are the
road authority:
And whereas
the period of 21 years, from the promulgation of the Douglas Bay
Tramway Act, 1876, will expire upon the 5th day of December, 1897, and the
Commissioners will then, for the period of six months from such date, have the
right to purchase from the promoters of the Douglas Bay Tramway Act, 1876,
their undertaking upon the terms and conditions provided by section 24 of the
Douglas Bay Tramway Act, 1876:
And whereas
the promoters as defined by this Act and the Commissioners have
entered into and executed an indenture dated the 15th day of October, 1895, and
for which the terms of agreement set forth in first schedule hereto are
hereinafter substituted:
And whereas
by the terms of such last-mentioned agreement, inter alia, the
Commissioners, for the consideration therein set forth and declared, agree with
the promoters to postpone and refrain from exercising their right to purchase
the Douglas Bay undertaking under the provisions of section 24 of the Douglas
Bay Tramway Act, 1876, for the period of twenty-one years from the said 5th
day of December, 1897 (that is to say), until the 5th day of December, 1918, and
to consent to the promoters laying another line of rails, and on such part of the
roadway as the Commissioners determine, and subject to the conditions set
forth in the said agreement, and so making a double line, on the roadway
between Senna slip and Castle terrace; and the promoters undertake to
construct and work a tramway from a point forming a junction with the
Douglas Bay Tramway at or near the Peveril Hotel, in the town of Douglas,
thence past the Jubilee Clock, up Victoria street, to a point opposite the offices of
Dumbell’s Banking Company, Limited, thence up Prospect Hill, Buck’s road,
Woodbourne road, past the top of Murray’s road to the next road beyond, down
the last mentioned road into Ballaquayle road, and down the same and through
Broadway to a junction with the Douglas Bay Tramway at a point thereon about
50 feet south of the south building line of Broadway (which said proposed
tramway is hereinafter called “the tramway”, and is shown upon the deposited
plans hereinafter mentioned):
And whereas
it would be to the public advantage if the agreement contained in
the first schedule hereto were carried out, and a tramway constructed as
hereinafter authorised:
The Upper Douglas Tramway Act 1895 Section 1


c AT 6 of 1895 Page 9

And whereas
plans, marked A and C, and sections of the tramway have been
deposited in the Rolls Office, which plans describe the line or situation of the
whole of the tramway and the streets and roads upon which it is intended to be
made:
And whereas
it is desirable to set at rest any question which might arise as to
the legality of the extensions and additions so made to the Douglas Bay
undertaking as hereinbefore recited, and also to give powers for converting
such undertaking into a tramway to be worked also by other than animal power
at any future time, should it be deemed advisable so to do:
And whereas
the agreement contained in the first schedule hereto, and the
purposes and objects of the promoters with respect to the construction of the
tramway, and other objects hereinbefore recited cannot be carried out without
the authority of an Act of Tynwald:
1 Short title

This Act may be cited for all purposes as “The Upper Douglas Tramway Act,
1895”.
2 Definitions

In this Act and any bye-laws made thereunder the terms herein mentioned shall
have the meanings herein assigned to them unless in the context there is
something repugnant thereto (that is to say): —
“Road
” shall mean any street, quay, or public highway:
“The tramway
” [Repealed]1

“Road authority
” shall mean any body of persons, commissioners, trustees, or
other persons in whom a road is vested or who have the power to
maintain or repair such road:
“The Commissioners
” shall mean the Douglas Town Commissioners:
“The promoters
” shall mean the Isle of Man Tramways and Electric Power
Company, Limited, their successors and assigns:
“The Douglas Bay undertaking
” shall mean the undertaking authorized by the
Douglas Bay Tramway Act, 1876, and the Crescent Improvement Act, 1889:
“Cable power
” [Repealed]2

“Deposited plans
” [Repealed]3

Section 3 The Upper Douglas Tramway Act 1895


Page 10 AT 6 of 1895 c

3 [Repealed]
4

4 Extensions and additions to Douglas Bay Tramway legalised

All extensions and additions made to the tramway constructed under the
provisions of the Douglas Bay Tramway Act, 1876, shall be deemed to have been
legally and properly made, as if expressly authorized by the said Act.
5 [Repealed]
5

6 Douglas Bay Tramway may be worked by power other than animal

power, if approved by Tynwald

The promoters may at any time, with the sanction and approval hereinafter
mentioned, convert the Douglas Bay undertaking into a tramway to be worked
by power other than animal power, and to that end may do and execute all such
works, matters, and things, and shall observe such conditions as may be
sanctioned and required by the road authority, and approved by resolution of
the Tynwald Court, as may be necessary for such purpose in as full a manner as
if the same had been expressly authorized by the Douglas Bay Tramway Act,
1876, and the provisions of the said Act shall apply thereto in the same manner
as if such works had been authorized by the said Act.
CONSTRUCTION OF TRAMWAY
7 to 10 [Repealed]
6

11 Purposes for which tramway may be used

The Douglas Bay undertaking shall be used exclusively for the purpose of
conveying passengers, luggage, and parcels, other than heavy goods and
materials.7

12 to 18 [Repealed]
8

19 Rights of authorities, companies, etc, to open road

Nothing in this Act shall take away or abridge any power to open or break up
any road along or across which the Douglas Bay undertaking is laid, or any
other power vested in any local authority or road authority, or in any company,
body, or person for the purpose of laying down, repairing, altering, or removing
any pipe for the supply of gas or water, or any tubes, wires, or apparatus for
telegraphic or other purposes; but in the exercise of such power, every such
local authority, road authority, company, body, or person shall be subject to the
following restrictions (that is to say): —
The Upper Douglas Tramway Act 1895 Section 30


c AT 6 of 1895 Page 11

(1) They shall cause as little detriment or inconvenience to the promoters as
circumstances admit:
(2) Before they commence any work whereby the traffic on the Douglas Bay
undertaking will be interrupted, they shall (except in cases of urgency, in
which cases no notices shall be necessary), give to the promoters notice
of their intention to commence such work, specifying the time at which
they will begin to do so; such notice to be given eighteen hours at least
before the commencement of the work:9

(3) They shall not be liable to pay to the promoters any compensation for
injury done to the Douglas Bay undertaking by the execution of such
works, or for loss of traffic occasioned thereby, or for the reasonable
exercise of the powers so vested in them as aforesaid:10

(4) Whenever, for the purpose of enabling them to execute such works, the
road authority shall so require, the promoters shall either stop traffic on
such portions or portion of the Douglas Bay undertaking to which the
notice shall refer, where it would otherwise interfere with such work, or
shore up and secure the same at their own risk and cost during the
execution of the work there; provided that such work shall always be
completed by the road authority with all reasonable expedition:11

(5) Any company, body, or person, other than the road authority, shall not
execute such work, so far as it immediately affects the Douglas Bay
undertaking, except under the superintendence of the promoters, unless
they neglect or refuse to give such superintendence at the time specified
in the notice for the commencement of the work, or discontinue the same
during the progress of the work; and they shall execute such work at
their own expense and to the reasonable satisfaction of the promoters;
provided that any additional expense imposed upon them by reason of
the existence of the Douglas Bay undertaking in any road or place where
any such mains, pipes, tubes, wires, or apparatus shall have been laid
before the construction of the Douglas Bay undertaking, as the case may
be, shall be borne by the promoters.12

20 to 29 [Repealed]
13

Future Purchase of the undertakings by the Commissioners
30 Power to purchase

And when any such sale has been made, all the rights, powers, and authorities
of the promoters in respect to the undertaking sold, or where any order has
been made by the Governor under either of the next preceding sections, all the
rights, powers, and authorities of the promoters previous to the making of such
order in respect of the undertaking sold, shall be transferred to, vested in, and
may be exercised by the Commissioners, to whom the same has been sold, in
Section 35 The Upper Douglas Tramway Act 1895


Page 12 AT 6 of 1895 c

like manner as if such undertaking were constructed by such authority under
powers conferred upon them by this Act, the Douglas Bay Tramway Act, 1876,
and the Douglas Crescent Improvement Act, 1889, and in reference to the same
they shall be deemed to be the promoters.14

31 to 34 [Repealed]
15

Bye-laws
35 Bye-laws by promoters

It shall be lawful for the promoters, from time to time, subject to the provisions
and restrictions in this Act contained, to make such bye-laws as they shall think
fit with respect to the Douglas Bay undertaking, for the following purposes: —
(e) For regulating the times of the arrival and departure of carriages
using the tramway:
(f) For regulating the loading and unloading of such carriages, and
the weights which they are respectively to carry:
(g) For regulating the receipt and delivery of goods and other things,
which are to be conveyed upon such carriages:
(h) For preventing the smoking of tobacco and the commission of any
nuisance in or upon such carriages, or in any of the stations or
premises occupied by the promoters:
(i) For making all reasonable provisions as to the conduct of
passengers by the tramway to ensure the comfort and safety of the
persons travelling by the same:
(k) For making all reasonable provisions relating to the carriage of
goods upon the tramway:
(l) For regulating the conduct of all officers and other persons in the
employment of the promoters:
(m) And generally for regulating the use of and travelling upon or
working the tramway, and for providing for the management of
the affairs of the promoters:
It shall be lawful for the promoters, from time to time, to repeal or alter
such bye-laws made by them, and to make others in their place, and by
such bye-laws to impose for the breach of the same penalties not
exceeding £200 for each offence.16

36 When bye-laws shall be deemed to be duly made

All such bye-laws shall be deemed to be duly made by the promoters when the
same are reduced into writing and sealed with the seal of the promoters.17

The Upper Douglas Tramway Act 1895 Section 37


c AT 6 of 1895 Page 13

37 Confirmation by Tynwald Court

No bye-law shall have any force or effect until the same be confirmed by the
Tynwald Court; but before such confirmation be made notice of the application
for the same shall be published by the promoters making the same by
advertisement in at least two Insular newspapers for at least one month, and a
copy of such bye-law shall be deposited during the same period for public
inspection in the office of the Commissioners.18

38 Publication

A copy of all such bye-laws, when so confirmed, shall be painted on boards, or
printed on paper, and hung up and affixed and continued on the inside or other
conspicuous part of every carriage belonging to the promoters, and in some
conspicuous place in every station, office, and waiting-room belonging to the
promoters; and such notices shall from time to time be renewed as often as the
bye-laws therein, or any part thereof, shall be obliterated or destroyed; and no
penalty imposed by any such bye-law shall be recoverable unless the same shall
have been published, and kept published, in manner aforesaid; and such bye-
laws shall be lodged in the Rolls Office.
39 Proof of publication

Such bye-laws, when so confirmed, published, and affixed, shall be binding
upon, and be observed by all parties, and shall be sufficient to justify all persons
acting under the same; and for proof of the publication of any such bye-laws, it
shall be sufficient to prove that a printed paper or painted board containing a
copy of such bye-laws was affixed and continued in manner by this Act
directed, and, in case of its being afterwards displaced or damaged, then that
such proper paper or board was replaced as soon as conveniently might be.
Offences
40 to 46 [Repealed]
19

47 Stationary carriages

If the promoters suffer or permit any carriage on the Douglas Bay undertaking
to remain stationary thereon in any thoroughfare, except when bona fide
engaged in taking up, or setting down passengers, or goods, they shall be liable
to a penalty not exceeding £200.20

Section 48 The Upper Douglas Tramway Act 1895


Page 14 AT 6 of 1895 c

48 [Repealed]
21

49 Recovery of penalty

Every penalty imposed by this Act, or by any bye-laws made in pursuance
thereof, may be recovered by summary proceedings before a high-bailiff or two
justices of the peace, and upon conviction of the offender, it shall be lawful for
the high-bailiff or justices to order the offender, if not a corporation, to be
imprisoned in the common gaol until the fine and costs attending the conviction
be paid, or until he shall have undergone imprisonment for a term not
exceeding three months; but if the offender be a corporation, then it shall be
lawful for such high-bailiff or justices to award execution against such
corporation to be enforced against their property and effects.
50 to 58 [Repealed]
22

The Upper Douglas Tramway Act 1895 First Schedule



c AT 6 of 1895 Page 15

FIRST SCHEDULE
23

SECOND SCHEDULE
24

The Upper Douglas Tramway Act 1895 Endnotes


c AT 6 of 1895 Page 17

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of “The tramway” repealed by Statute Law Revision Act 1989 Sch 2. 2
Definition of “Cable power” repealed by Statute Law Revision Act 1989 Sch 2. 3
Definition of “Deposited plans” repealed by Statute Law Revision Act 1989 Sch 2. 4
S 3 repealed by Statute Law Revision Act 1989 Sch 2. 5
S 5 repealed by Statute Law Revision Act 1989 Sch 2. 6
Ss 7 to 10 repealed by Statute Law Revision Act 1989 Sch 2. 7
S 11 amended by Statute Law Revision Act 1989 Sch 2. 8
Ss 12 to 18 repealed by Statute Law Revision Act 1989 Sch 2. 9
Para (2) amended by Statute Law Revision Act 1989 Sch 2. 10
Para (3) amended by Statute Law Revision Act 1989 Sch 2. 11
Para (4) amended by Statute Law Revision Act 1989 Sch 2. 12
S 19 amended by Statute Law Revision Act 1989 Sch 2. Para (5) amended by Statute
Law Revision Act 1989 Sch 2. 13
Ss 20 to 29 repealed by Statute Law Revision Act 1989 Sch 2. 14
S 30 amended by Statute Law Revision Act 1989 Sch 2. 15
Ss 31 to 34 repealed by Statute Law Revision Act 1989 Sch 2. 16
S 35 amended by Statute Law Revision Act 1989 Sch 2. 17
S 36 amended by Statute Law Revision Act 1989 Sch 2. 18
S 37 amended by Statute Law Revision Act 1989 Sch 2. 19
Ss 40 to 46 repealed by Statute Law Revision Act 1989 Sch 2. 20
S 47 amended by Statute Law Revision Act 1989 Sch 2. 21
S 48 repealed by Statute Law Revision Act 1989 Sch 2. 22
Ss 50 to 58 repealed by Statute Law Revision Act 1989 Sch 2.
Endnotes The Upper Douglas Tramway Act 1895


Page 18 AT 6 of 1895 c

23
Sch 1 repealed by Statute Law Revision Act 1989 Sch 2. 24
Sch 2 repealed by Upper Douglas Tramway Amendment Act 1912 s 3.