Under the Tramways Act 1870 the urban district council may obtain from
the Board of Trade a provisional order authorizing the construction of
tramways in their district by themselves. Any private persons, and any
corporation or company may, with the consent of the council, obtain
the like authority, but the Board of Trade have power in certain cases
to dispense with the consent of the local authority. Where the order
is obtained by a person or body other than the district council, the
council may purchase the undertaking at the end of twenty-one years
after the tramways have been constructed or at the expiration of every
subsequent period of seven years, and the terms of purchase are that
the person or company must sell the undertaking upon payment of 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 suitable to and used for the purposes of
the undertaking. It should be observed, however, that although the
local authority may themselves construct, and may acquire from the
original promoters a system of tramways, they may not themselves work
them without special authority of the legislature, and must in general
let the working of the undertaking to some person or company.
Bills in Parliament and legal proceedings.
Under the Borough Funds Act 1872 the urban district council may, if in
their judgment it is expedient, promote or oppose any local and
personal bill or bills in parliament, or may prosecute or defend any
legal proceedings necessary for the promotion or protection of the
interests of the district, and may charge the costs incurred in so
doing to the rates under their control. The power to incur
parliamentary costs, however, is subject to several important
restrictions. The resolution to promote or oppose the bill must in the
first instance have been carried by an absolute majority of the whole
number of the council at a meeting convened by special notice, and
afterwards confirmed by the like majority. The resolution must have
been published in newspapers circulated in the district, and must have
received the consent of the Local Government Board or of a secretary
of state, if the matter is one within his jurisdiction; and further,
the expenses must not be incurred unless the promotion or opposition
has been assented to by the owners and ratepayers of the district
assembled at a meeting convened for the purpose of considering the
matter, and if necessary, signified by a poll. Moreover, the expenses
must, before they can be charged to the rates, be examined and allowed
by some person authorized by a secretary of state or the Local
Government Board, as the case may be.
Public-domain text, read in full here on John Shaqi.
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