The Douglas Bay Tramway Act 1876

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AT 2 of 1876

THE DOUGLAS BAY TRAMWAY ACT 1876

The Douglas Bay Tramway Act 1876 Index


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c i e
THE DOUGLAS BAY TRAMWAY ACT 1876

Index Section Page

1 Short title .......................................................................................................................... 5
2 Interpretation of terms ................................................................................................... 5
Construction of Tramway 6

3 Power to construct tramway and appurtenances ...................................................... 6
4 Line of tramway .............................................................................................................. 6
5 Gauge of tramway and certificate of inspector .......................................................... 6
6 and 7 [Repealed] ............................................................................................................. 7
8 Power to break up road, etc .......................................................................................... 7
9 [Repealed] ........................................................................................................................ 7
10 Repair of part of road where tramway is laid ............................................................ 7
11 Road authority and promoters may contract for paving roads on which
tramways are laid ........................................................................................................... 7
11A Promoters to be public body for certain purposes of the road works code ........... 8
12 Provision as to gas and water companies ................................................................... 8
13 For protection of sewers, etc.......................................................................................... 9
14 Rights of authorities, companies, etc, to open road ................................................. 10
15 Difference between promoters and road authority, etc .......................................... 11
GENERAL PROVISIONS 11
Carriages 11

16 Power for promoters to use carriages with flange wheels ...................................... 11
17 Carriages to be moved by animal power only.......................................................... 11
18 Carriage not to extend more than 21 inches beyond wheels .................................. 12
19 [Repealed] ...................................................................................................................... 12
20 and 21 [Repealed] ......................................................................................................... 12
Discontinuance of Tramway 12

Tramway to be removed in certain cases 12

22 Tramway to be removed in certain cases .................................................................. 12
23 Payment of cost of removal ......................................................................................... 12
24 [Repealed] ...................................................................................................................... 13
Power of Sale 13

Index The Douglas Bay Tramway Act 1876


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25 Sale of undertaking ...................................................................................................... 13
Tolls 13

26 Fares and charges ......................................................................................................... 13
27 Only bound to carry passengers’ luggage up to 28lbs weight ............................... 13
28 Payment of tolls ............................................................................................................ 14
BYE-LAWS 14
29 Bye-laws by road authority and promoters .............................................................. 14
30 Road authority and promoters may alter, repeal, and make new bye-laws ........ 14
31 Penalties ......................................................................................................................... 14
32 Bye-laws to be confirmed by Tynwald Court .......................................................... 14
33 Publication of bye-laws ............................................................................................... 15
34 Proof of publication ..................................................................................................... 15
OFFENCES 15
35 Penalty for obstruction of promoters in laying out tramway ................................ 15
36 Application of 1927 Act ............................................................................................... 15
37 Penalties for wilful injury or obstruction to tramways, etc .................................... 15
38 Penalty on passengers practising frauds on the promoters ................................... 16
39 Transient offenders ...................................................................................................... 16
40 Penalty for bringing dangerous goods on the tramway ......................................... 16
41 Penalty for persons using tramway with carriages with flange wheels ............... 17
42 Power to remove persons committing any offence against this Act ..................... 17
43 Recovery of penalty ..................................................................................................... 17
44 [Repealed] ...................................................................................................................... 17
MISCELLANEOUS 17
45 Promoters to be responsible for all damages ........................................................... 17
46 Right of user only of road ........................................................................................... 17
47 Reserving powers of street authorities to widen roads, etc ................................... 18
48 Power for local or police authorities to regulate traffic .......................................... 18
49 Reservation of right of public to use roads ............................................................... 18
50 Operating times ............................................................................................................ 18
51 [Repealed] ...................................................................................................................... 18
SCHEDULE 19

ENDNOTES 21

TABLE OF LEGISLATION HISTORY 21
TABLE OF RENUMBERED PROVISIONS 21
TABLE OF ENDNOTE REFERENCES 21

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c i e
THE DOUGLAS BAY TRAMWAY ACT 1876

Received Royal Assent: 12 August 1876
Promulgated: 6 December 1876
Commenced: 6 December 1876
AN ACT
to Authorise the Construction of a Tramway from the Queen Victoria
Pier to Strathallan Crescent, in the Town of Douglas.
GENERAL NOTES

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

Whereas
, it would be to the public advantage if a tramway were constructed
from the Queen Victoria Pier to Strathallan Crescent, in the town of Douglas,
and used for the conveyance of passengers, luggage, and parcels in carriages
moved by animal power:
And whereas
a plan of the tramway has been deposited in the Rolls Office,
which plan describes the line or situation of the whole of the tramway and the
roads along which it is intended to be made; and a duplicate plan and sections
have been deposited in the office of the Douglas Town Commissioners, such
plans and sections being hereinafter referred to as ‘the deposited plans:’
1 Short title

This Act may be cited for all purposes ‘The Douglas Bay Tramway Act, 1876’.
2 Interpretation of terms

For the purposes of this Act, the terms hereinafter mentioned shall have the
meanings hereinafter assigned to them (that is to say): —
The term “road
” shall mean any street, quay, or public highway:
The term “the road works code
” shall mean the code contained in Schedule 4 to
the Highways Act 1986:1

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The term “the tramway
” shall mean the tramway and works by this Act
authorised:
The term “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 term “the promoters
” shall mean Thomas Lightfoot, his heirs and assigns.
Construction of Tramway
3 Power to construct tramway and appurtenances

The promoters may construct and maintain, subject to the provisions of this Act,
and in accordance with the deposited plans for the purposes of this Act, the
tramway hereinafter described, with all proper rails, plates, offices, stables,
carriage-houses, warehouses, works, and conveniences connected therewith, or
for the purposes thereof, and may use and work the same.
4 Line of tramway

The tramway authorised by this Act shall 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
corner of the road turning down to the shore at Strathallan-crescent:
Provided always that the road authority, with the sanction of the Tynwald
Court, may at any time require the promoters to take up such portions of the
tramway as may be considered by the road authority to be inconveniently
placed, and to decide where such portions may be relayed by the promoters, at
the promoters’ own expense.
Provided also that the promoters shall not be authorised to construct or
maintain the tramway on the land through which, as delineated on the
deposited plans, the line of tramway runs from the Loch Promenade to the
Colonel’s-road until such land be acquired by the road authority; and, in the
meantime, the line of tramway connecting the Loch Promenade with the
Colonel’s-road may run on such land, the property or under the management of
the road authority, as may be agreed on between such authority and the
promoters.
5 Gauge of tramway and certificate of inspector

The tramway shall be constructed on a gauge of three feet, and shall be laid and
maintained in such manner that the uppermost surface of the rail shall be on a
level with the surface of the road, and shall not be opened for public traffic until
the same has been inspected and certified to be fit for such traffic by an
inspector to be appointed by the Council of Ministers.
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If the road authority shall hereafter alter the level of any road along or across which the
tramway is laid or authorised to be laid, the promoters may and shall from time to
time, at their own expense, alter or (as the case may be) lay their rails so that the
uppermost surface thereof shall be on a level with the surface of the road as altered.2

6 and 7 [Repealed]
3

8 Power to break up road, etc

The promoters from time to time, for the purpose of making, forming, laying
down, maintaining, and renewing the tramway, or any part or parts thereof
respectively, may open and break up any road, and paragraph 2 of the road
works code (supervision of road works) shall apply to the promoters as it
applies to undertakers within the meaning of that code.4

9 [Repealed]
5

10 Repair of part of road where tramway is laid

The promoters shall, at their own expense, at all times maintain and keep in
good condition and repair, and to the satisfaction of the road authority, so much
of any road whereon the tramway is laid as lies between the rails of the
tramway and any sidings, and so much of the road as lies between the tramway
and any sidings, and so much of the road as extends eighteen inches beyond the
rails of and on each side of such tramway. If the promoters abandon their
undertaking or any part of the same, and take up the tramway or any part
thereof, they shall, with all convenient speed, and in all cases within six weeks
at the most (unless the road authority otherwise consent in writing), fill in the
ground and make good the surface, and to the satisfaction of the road authority
restore the portion of the road upon which such tramway was laid to as good a
condition as that in which it was before such tramway was laid thereon, and
clear away all surplus paving or metalling material or rubbish occasioned by
such work; and they shall in the meantime cause the place where the road is
opened or broken up to be fenced and watched and to be properly lighted at
night: Provided always that, if the promoters fail to comply with the provisions
of this section, the road authority, if they think fit, may themselves, at any time
after seven days’ notice to the promoters, open and break up the road and do
the works necessary for the repair and maintenance or restoration of the road to
the extent in this section above-mentioned, and the expense incurred by the
road authority in so doing shall be paid to them by the promoters.
11 Road authority and promoters may contract for paving roads on which

tramways are laid

The road authority on the one hand and the promoters on the other hand may
from time to time enter into and carry into effect, and from time to time alter,
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renew, or vary contracts, agreements, or arrangements with respect to the
paving and keeping in repair of the whole or any portion of the roadway of any
road on which the promoters shall lay the tramway, and the proportion to be
paid by either of them of the expense of such paving and keeping in repair.
11A Promoters to be public body for certain purposes of the road works

code

The promoters shall, for the purposes of paragraph 5 of the road works code
(alteration of undertakers’ apparatus), be treated as a public body exercising
functions in relation to the roads in which the tramway is laid.6

12 Provision as to gas and water companies

For the purpose of making, forming, laying down, maintaining, repairing, or
renewing the tramway, the promoters may from time to time, where and as far
as it is necessary or may appear expedient for the purpose of preventing
frequent interruptions of the traffic by repairs or works in connection with the
same, alter the position of any mains or pipes for the supply of gas or water, or
any tubes, wires, or apparatus for telegraphic or other purposes, subject to the
provisions of this Act, and also subject to the following restrictions
(that is to say): —
(1) Before laying down the tramway in a road in which any mains or pipes,
tubes, wires, or apparatus may be laid, the promoters shall, whether they
contemplate altering the position of any such mains or pipes, tubes,
wires, or apparatus, or not, give seven days’ notice to the company,
persons, or person to whom such mains or pipes, tubes, wires, or
apparatus may belong or by whom they are controlled of their intention
to lay down or alter the tramway, and shall, at the same time, deliver a
plan and section of the proposed work. If it should appear to any such
company or person that the construction of the tramway as proposed
would endanger any such main or pipe, tube, wire, or apparatus, or
interfere with or impede the supply of water or gas, or the telegraphic or
other communication, such company or person (as the case may be) may
give notice to the promoters to lower or otherwise alter the position of
the said mains or pipes, tubes, wires, or apparatus in such manner as
may be considered necessary, and any difference as to the necessity of
any such lowering or alteration shall be settled in manner provided by
this Act for the settlement of differences between the promoters and
other companies or persons; and all alterations to be made under this
section shall be made with as little detriment and inconvenience to the
company or person to whom such mains or pipes, tubes, wires, or
apparatus may belong or by whom the same are controlled, or to the
inhabitants of the district, as the circumstances will admit, and under the
superintendence of such company or person, or of their surveyor or
engineer, if they or he think fit to attend after receiving not less than
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forty-eight hours’ notice for that purpose, which notice the promoters are
hereby required to give:
(2) The promoters shall not remove or displace any of the mains or pipes,
valves, syphons, plugs, tubes, wires, or apparatus, or other works,
belonging to or controlled by any such company or person, or do
anything to impede the passage of water or gas or the telegraphic or
other communication into or through such mains or pipes without the
consent of such company or person, or in any other manner than such
company or person shall approve, until good and sufficient mains, pipes,
valves, syphons, plugs, and other works necessary or proper for
continuing the supply of water or gas, or telegraphic or other
communication, as sufficiently as the same was supplied by the mains or
pipes, tubes, wires, or apparatus proposed to be removed or displaced,
shall at the expense of the promoters have been first made and laid down
in lieu thereof, and ready for use, and to the satisfaction of the surveyor
or engineer of such water or gas or other company, or of such person, or
(in case of disagreement between such surveyor or engineer and the
promoters) as an engineer or other person appointed by the Department
of Infrastructure shall direct; and the expenses of such engineer or other
person shall be borne and paid by such of the said parties as the referee
may direct:7

(3) The promoters shall not lay down any such pipes contrary to the
regulations of any Act of Tynwald or of Parliament relating to such
water or gas or other company, or relating to telegraphs:
(4) The promoters shall make good all damage done by them to property
belonging to or controlled by any such company or person, and shall
make full compensation to all parties for any loss or damage which they
may sustain by reason of any interference with such property, or with
the private service-pipes of any person supplied by any such company or
person with water or gas:
(5) If by any such operations as aforesaid the promoters interrupt the supply
of water or gas in or through any main or main pipe, they shall be liable
to a penalty not exceeding twenty pounds for every day upon which
such supply shall be so interrupted.
13 For protection of sewers, etc

Where the tramway, or any work connected therewith, interferes with any
sewer, drain, watercourse, subway, defence, or work, or in any way affects the
sewerage or drainage of any district, the promoters shall not commence the
tramway or work until they shall have given to the proper authority fourteen
days’ previous notice in writing of their intention to commence the same by
leaving such notice at the principal office of such authority, with all necessary
particulars relating thereto, nor until such authority shall have signified their
approval of the same, unless such authority do not signify their approval,
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disapproval, or other directions within fourteen days after service of the said
notice and particulars as aforesaid; and the promoters shall comply with and
conform to all reasonable directions and regulations of the said authority in the
execution of the said works and shall provide by new, altered, or substituted
works, in such manner as such authority shall reasonably require, for the proper
protection of and for preventing injury or impediment to the sewers and works
hereinbefore referred to by or by reason of the tramway, and shall save
harmless the said authority against all and every the expense to be occasioned
thereby, and all such works shall be done under the direction, superintendence,
and control of the engineer or other officer or officers of the said authority, at
the reasonable costs, charges, and expenses in all respects of the promoters; and
when any new, altered, or substituted work as aforesaid, or any works or
defence connected therewith, shall be completed by or at the costs, charges, or
expenses of the promoters under the provisions of this Act, the same shall
thereafter be as fully and completely under the direction, jurisdiction, and
control of the said authority and be maintained by them as any sewers or works.
14 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 tramway is laid, or any other power vested
in any local authority or road authority for any of the purposes for which such
authority is respectively constituted 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): —
(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 tramway 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:
(3) They shall not be liable to pay to the promoters any compensation for
injury done to the tramway 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:
(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
the tramway 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
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work shall always be completed by the road authority with all
reasonable expedition.
(5) [Repealed]8

15 Difference between promoters and road authority, etc

If any difference arises between the promoters on the one hand and any road
authority, or any gas or water company, or any company, body, or person to
whom any sewer, drain, tube, wires, or apparatus for telegraphic or other
purposes may belong, or any other company on the other hand, with respect to
any interference or control exercised, or claimed to be exercised, by them or
him, or on their or his behalf, or by the promoters by virtue of this Act, in
relation to the tramway or work, or in relation to any work or proceeding of the
road authority, body, company, or person, or with respect to the propriety of or
the mode of execution of any work relating to the tramway; or with respect to
the amount of any compensation to be made by or to the promoters; or on the
question whether any work is such as ought reasonably to satisfy the road
authority, body, company, or person concerned; or with respect to any other
subject or thing regulated by or comprised in this Act, the matter in difference
shall (unless otherwise specially provided by this Act) be settled by some fit and
proper person nominated as referee by the Governor, on the application of
either party; and the expenses of the reference shall be borne and paid as the
referee directs.
GENERAL PROVISIONS
Carriages
16 Power for promoters to use carriages with flange wheels

The promoters may use on their tramways carriages with flange wheels, or
wheels suitable only to run on the rail prescribed by this Act; and, subject to the
provisions of this Act, the promoters shall have the exclusive use of the
tramway for carriages with flange wheels, or other wheels suitable only to run
on the prescribed rail, and the promoters shall pay to the road authority the
expense of all damage done to the road occasioned by the use of flange wheels.
17 Carriages to be moved by animal power only

All carriages used on the tramway shall be moved by animal power only, except
by the written permission of the road authority, approved of by the Tynwald
Court.
Section 18 The Douglas Bay Tramway Act 1876


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18 Carriage not to extend more than 21 inches beyond wheels

No carriage used on the tramway shall extend beyond the outer edge of the
wheels of such carriage more than twenty-one inches on each side, without the
consent in writing of the road authority.
19 [Repealed]
9

20 and 21 [Repealed]
10

Discontinuance of Tramway
Tramway to be removed in certain cases
22 Tramway to be removed in certain cases

If at any time after the opening of the tramway for traffic the promoters
discontinue the working of such tramway, or any part thereof, for the space of
three calendar months (such discontinuance not being occasioned by
circumstances beyond the control of such promoters, for which purpose the
want of sufficient funds shall not be considered a circumstance beyond their
control), and such discontinuance is proved to the satisfaction of the Council of
Ministers, it may by order declare that the powers of the promoters in respect of
such tramway, or the part thereof so discontinued, shall from the date of such
order be at an end, and thereupon the said powers of the promoters shall cease
and determine unless the same are purchased by the road authority in manner
by this Act provided.11

23 Payment of cost of removal

Where any such order has been made, the road authority may at any time after
the expiration of two months from the date of such order, under the authority of
a certificate to that effect by the Council of Ministers, remove the tramway or
part of the tramway so discontinued; and the promoters shall pay to the road
authority the cost of such removal and of the making good of the road by the
road authority, such cost to be certified by the clerk for the time being, or by
some other authorised officer of the road authority, whose certificate shall be
final and conclusive; and if the promoters fail to pay the amount so certified
within one calendar month after delivery to them of such certificate, or a copy
thereof, the road authority may, without any previous notice to the promoters
(but without prejudice to any other remedy which they may have for the
recovery of the amount), sell and dispose of the materials of the tramway or
part of the tramway removed, either by public auction or private sale, and for
such sum or sums and to such person or persons as the road authority may
think fit, and may out of the proceeds of such sale pay and reimburse
themselves the amount of the cost certified as aforesaid and of the cost of sale,
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and the balance (if any) of the proceeds of the sale shall be paid over by the road
authority to the promoters.12

24 [Repealed]
13

Power of Sale
25 Sale of undertaking

When the tramway has been opened for traffic for a period of six months the
promoters may, with the consent of the Council of Ministers, sell their
undertaking to any person, persons, corporation, or company, or to the road
authority; and when any such sale has been made all the rights, powers,
authorities, obligations, and liabilities of such promoters in respect to the
undertaking sold shall be transferred to, vested in, and may be exercised by,
and shall attach to the person, persons, corporation, company, or road authority
to whom the same has been sold, in like manner as if such tramway was
constructed by such person, persons, corporation, company, or road authority
under the powers conferred upon them by this Act, and in reference to the same
they shall be deemed to be the promoters:
Provided always, that the road authority shall not purchase the undertaking
under the provisions of this section unless they shall decide to make such
purchase by resolution passed at a special meeting of the members constituting
such road authority, which resolution shall be made in the same manner and
shall be subject to the same conditions as to validity as resolutions made in
regard to the purchases by the next preceding section authorised.14

Tolls
26 Fares and charges

The promoters may demand and take in respect of the tramway such fares and
charges as may be fixed by resolution of the promoters from time to time.15

‘(2) Any tolls and charges fixed by virtue of section 32 of the Upper Douglas
Tramway Act 1895 and in force immediately before the passing of this Act
shall be deemed to have been fixed by virtue of section 26 of the Act of
1876 as substituted by this paragraph.’.
27 Only bound to carry passengers’ luggage up to 28lbs weight

The promoters shall not be bound to carry unless they think fit any parcels or
other than passengers’ luggage exceeding twenty-eight pounds in weight.
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28 Payment of tolls

Tolls and charges authorised by this Act shall be paid to such persons and at
such places upon, or near to the tramway, and in such manner and under such
regulations as the promoters may, by notice to be annexed to the list of tolls,
appoint.
BYE-LAWS
29 Bye-laws by road authority and promoters

Subject to the provisions of this Act —
The road authority may from time to time make regulations as to the
following matters: —
The rate of speed to be observed in travelling upon the tramway:
The distances at which carriages using the tramway should be
allowed to follow one after the other:
The stopping of carriages using the tramway:
The traffic on the road in which the tramway is laid.
The promoters may from time to time make regulations —
For preventing the commission of any nuisance in or on any
carriage, or in or against any premises belonging to them.
30 Road authority and promoters may alter, repeal, and make new bye-

laws

And for the better enforcing the observance of all or any such regulations, it
shall be lawful for such road authority and promoters respectively to make bye-
laws for all or any of the aforesaid purposes, and from time to time repeal or
alter such bye-laws and make new bye-laws, provided that such bye-laws be
not repugnant to the laws of this Isle.
31 Penalties

Any such bye-laws may impose reasonable penalties for offences against the
same, not exceeding £200; but all bye-laws shall be so framed as to allow in
every case part only of the maximum penalty being ordered to be paid.16

32 Bye-laws to be confirmed by Tynwald Court

No such 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 road authority or 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
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deposited during the same period for public inspection in the office of the road
authority.
33 Publication of bye-laws

A copy of all such bye-laws, when so allowed and 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 office and waiting-room belonging to
the promoters; and such notices shall from time to time be renewed as often as
the bye-laws thereon, 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.
34 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
35 Penalty for obstruction of promoters in laying out tramway

If any person wilfully obstructs any person acting under the authority of the
promoters in the lawful exercise of their powers in setting out, or making,
forming, laying down, repairing, or renewing the tramway; or defaces or
destroys any mark made for the purpose of setting out the line of the tramway;
or damages or destroys any property of the promoters, he shall for every such
offence be liable to a penalty not exceeding £200.
36 Application of 1927 Act

The provisions contained in the Petty Sessions and Summary Jurisdiction Act 1927
as to public carriages and stage coaches shall be applicable to the carriages used
on the tramway for the conveyance of passengers.17

37 Penalties for wilful injury or obstruction to tramways, etc

If any person, without lawful excuse (the proof whereof shall lie on him),
wilfully does any of the following things, namely: —
Section 38 The Douglas Bay Tramway Act 1876


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Interferes with, removes, or alters, any part of the tramway, or of the
works connected therewith:
Places or throws any stones, dirt, wood, refuse, or other material on any
part of the tramway:
Does or causes to be done anything in such manner as to obstruct any
carriage using the tramway, or to endanger the lives of persons therein
or thereon; or
Knowingly aids or assists in the doing of any such thing,
he shall for every such offence be liable (in addition to any proceedings
by way of indictment or otherwise to which he may be subject) to a
penalty not exceeding £200.
38 Penalty on passengers practising frauds on the promoters

If any person travelling or having travelled in any carriage on the tramway
avoids or attempts to avoid payment of his fare; or if any person, having paid
his fare for a certain distance, knowingly and wilfully proceeds in any such
carriage beyond such distance and does not pay the additional fare for the
additional distance, or attempts to avoid payment thereof; or if any person
knowingly and wilfully refuses or neglects on arriving at the point to which he
has paid his fare to quit such carriage, every such person shall for every such
offence be liable to a penalty not exceeding £200.
39 Transient offenders

It shall be lawful for any officer or servant of the promoters, and all persons
called by him to his assistance, to seize and detain any person discovered either
in or after committing or attempting to commit any such offence as in the next
preceding section is mentioned, and whose name or residence is unknown to
such officer or servant, until such person can be conveniently taken before a
High-Bailiff or Justice of the Peace, or until he be otherwise discharged by due
course of law.
40 Penalty for bringing dangerous goods on the tramway

No person shall be entitled to carry or to require to be carried on the tramway
any goods which may be of a dangerous nature, and if any person send by the
tramway any such goods without distinctly marking their nature on the outside
of the package containing the same, or otherwise giving notice in writing to the
bookkeeper or other servant with whom the same are left at the time of such
sending, he shall be liable to a penalty not exceeding £200 for every such
offence; and it shall be lawful for the promoters to refuse to take any parcel that
they may suspect to contain goods of a dangerous nature or to require the same
to be opened to ascertain the fact.
The Douglas Bay Tramway Act 1876 Section 41


c AT 2 of 1876 Page 17

41 Penalty for persons using tramway with carriages with flange wheels

If any person (except under a lease from or agreement with the promoters), use
the tramway, or any part thereof, with carriages having flange wheels or other
wheels suitable only to run on the rail of such tramway, such person shall for
every offence be liable to a penalty not exceeding £200.
42 Power to remove persons committing any offence against this Act

Whenever any person travelling upon the tramway, or being in any carriage of
the promoters, shall commit any offence against the provisions of this Act, or of
any bye-laws made thereunder, and after being warned to desist, shall
persevere in such offence, it shall be lawful for any officer or servant of the
promoters to remove such person from such carriage.
43 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.
44 [Repealed]
18

MISCELLANEOUS
45 Promoters to be responsible for all damages

The promoters shall be answerable for all accidents, damages, and injuries
happening through their act or default, or through the act or default of any
person in their employment, by reason or in consequence of any of their works
or carriages, and shall save harmless all road and other authorities, companies,
or bodies, collectively and individually, and their officers and servants from all
damages and costs in respect of such accidents, damages, and injuries.
46 Right of user only of road

Notwithstanding anything in this Act contained, the promoters shall not acquire
or be deemed to acquire any right other that of user of any road along or across
which they lay the tramway.
Section 47 The Douglas Bay Tramway Act 1876


Page 18 AT 2 of 1876 c

47 Reserving powers of street authorities to widen roads, etc

Nothing in this Act shall take away or affect any power which any road
authority may have by law to widen, alter, divert, or improve any road.
48 Power for local or police authorities to regulate traffic

Nothing in this Act shall limit the powers of the road authority or police in any
district to regulate the passage of any traffic along or across any road along or
across which the tramway is laid down; and such authority or police may
exercise their authority as well on as off the tramway, and with respect as well
to the traffic of the promoters as to the traffic of other persons.
49 Reservation of right of public to use roads

Nothing in this Act, or in any bye-law made under this Act, shall take away or
abridge the right of the public to pass along or across every or any part of any
road along or across which the tramway is laid, whether on or off the tramway
with carriages not having flange wheels or wheels suitable only to run on the
rail of the tramway.
50 Operating times

The promoters, at all times after the opening of the tramway for public traffic,
shall and they are hereby required to run carriages at least six times each way
every working day, at such hours as they shall deem most convenient: Provided
that in case of any complaint made to the Council of Ministers of the hours
appointed by the promoters for the running of such carriages, the Council of
Ministers shall have power to fix and regulate the same from time to time.19

51 [Repealed]
20

The Douglas Bay Tramway Act 1876 Schedule



c AT 2 of 1876 Page 19

SCHEDULE
21

The Douglas Bay Tramway Act 1876 Endnotes


c AT 2 of 1876 Page 21

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘the road works code’ added by Highways Act 1986 Sch 8. 2
S 5 amended by Transfer of Governor’s Functions Act 1992 Sch 1. 3
Ss 6 and 7 repealed by Upper Douglas Tramway Act 1895 s 57. 4
S 8 amended by Highways Act 1986 Sch 8. 5
S 9 repealed by Highways Act 1986 Sch 9. 6
S 11A inserted by Highways Act 1986 Sch 8. 7
Para 2 amended by SD155/10 Sch 5. 8
Para (5) repealed by Upper Douglas Tramway Act 1895 s 57. 9
S 19 repealed by Road Transport Lighting Act 1963 Sch. 10
Ss 20 and 21 repealed by Statute Law Revision Act 1997 Sch 2. 11
S 22 amended by GC155/91 and by Interpretation Act 1976 s 16A. 12
S 23 amended by GC155/91. 13
S 24 repealed by Upper Douglas Tramway Act 1895 s 57. 14
S 25 amended by Transfer of Governor’s Functions Act 1992 Sch 1. 15
S 26 substituted by Statute Law Revision Act 1989 Sch 1 para 3(1). For ease of
reference para. 3(2) is set out below 16
S 31 amended by Fines Act 1986 Sch 2. 17
S 36 amended by Statute Law Revision Act 1997 Schs 1 and 2. 18
S 44 repealed by Upper Douglas Tramway Act 1895 s 57. 19
S 50 amended by GC155/91. 20
S 51 repealed by Statute Law Revision Act 1997 Sch 2. 21
Sch repealed in effect by Statute Law Revision Act 1989 Sch 1.