And ttee Appendix for the latest Rules and Orders.
LIGHT RAILWAYS.—For the purpose of facilitating the construction and working of light railways in Great Britain, there was established, by the Light Railways Act of 1896, a commission, consisting of three commissioners, styled the Light Railway Commissioners and appointed by the Board of Trade. It is now no longer necessary to incur the expense and delay of a private Act of Parliament in order to receive power to construct a light railway ; it is sufficient for the promoters to apply to the Commissioners for their Order conferring the necessary authority. Before granting this Order the Commissioners must satisfy themselves that all reasonable steps have been taken by the promoters for consulting the local authorities through whose areas the railway is intended to pass, and the owners and occupiers of the land proposed to be taken, and for giving public notice of the application for the Order. The Commissioners must also themselves by local inquiry', and such other means as they think necessary, possess theniselves of all such information as they may consider material or useful for determining the expediency of granting the Order applied for. The applicants must satisfy the Commissioners that they have—(a) published once at least in each of two consecutive weeks, in some newspaper circulating in the area or some part of the area through which the railway is to pass, an advertisement describing shortly the land proposed to be taken, naming a place where a plan of the proposed works and the lands to be taken, and to. book of reference to the plan, may be seen at all reasonable hours, and stating the quantity of land required ; and (b) served notice in the prescribed manner on every reputed owner, lessee, and occupier of any land intended to be taken, describing in each case the land intended to be taken, and inquiring whether the person assents to or dissents from the taking of his land, and requesting him to state any objections he may have to his land being taken. An Order usually incorporates with it the pro visions of the LANDS CLAUSES ACTS (q.v.) in connection with the compul sory taking of land. When this is so, any matter which under those Acts may be determined by the verdict of a jury, by arbitration, or by two justices, will be referred to and determined by a single arbitrator appointed by the parties, or if the parties do not concur in his appointment then by the Board of Trade.
In determining the amount of compensation, the arbitrator should have regard to the extent to which the remaining and contiguous lands belonging to the same proprietor may be benefited by the proposed railway.
The Commissioners, before deciding on an application, give full oppor tunity for any objections to the application to be laid before them ; and they must consider all these objections whether made formally or informally. A proper opportunity to be heard may be claimed by persons who object to the railway on the ground that it will destroy or injure a building or other object of historical interest, or will injuriously affect the natural scenery. If, after consideration, the Commissioners think that the application should be granted, they must settle any draft Order submitted to them by the appli cants for authorising the railway, and see that everything needful is inserted therein for the proper construction and working of the railway. But their order is provisional only, and has no effect until confirmed by the Board of Trade. The Board of Trade before confirming the Order gives public notice of it to the persons interested, and the notice states that objections to the confirmation of the Order must be lodged with the Board and the date by which those objections must so be lodged. In considering the Order for confirmation, the Board has special regard to—(a) the expediency of requir ing the proposals to be submitted to Parliament ; and (b) the safety of the public ; and (c) any objection lodged with them in accordance with the provisions of the Light Railways Act. The Board may confirm the Order with or without modifications as the case may require, and an order so con firmed has effect as if enacted by Parliament. They may of course refuse to confirm at all, as for example where the proposed undertaking is of such magnitude that the matter should be referred to Parliament. Local authorities, companies, and individuals are entitled to apply for an order ; local authorities may advance money to a light railway undertaking; and loans and special advances may be obtained from the Treasury.