RETURN.
Light Railways (Ireland)
Act, 1889.
/' .■ •' •
Ordered, by The House of Commons, to be Printed,
2 February 1891.
LONDON:
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J
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Under 16'ôî
LIGHT RAILWAYS (IRELAND) ACT, 1 889.
RE l'URN to an Order of the Honourable The House of Commons,
diUed 29 January 1891 ;—for.
RETURN "of Copies of Orders in Council, and Agreements made
under 'The Light Railways (Ireland) Act, 1889.'"
Treasury Chambers,]
30 January 1891. j
W. L. JACKSON.
( Jir. Jackson.)
Ordered, by Tiie House of Com mona, to be Printed,
2 February 1891.
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE.
BY THE HANSARD PUBLISHING UNION, LIMITED.
And to be purchased, eitlier directly or through any Bookseller, from
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[ 3 ]
THE WEST DONEGAL LIGHT RAILWAY (KILL Y BEGS)
ORDER, 1890.
By the Lords Justices and Privy Council in Ireiand.
Ashbourne, C.
Belmore.
Hedges Eyre Chatterton.
Whereas the Grand Jury of the county of Donegal, at the Spring Assizes,
1890, iicting in the execution of tiie powers vested in them by the Tramways
(Ireland) Act, 1860, and the Tramways (Ireland) Amendment Aet, 1861, the
Act of 34 & 35 Vict. c. 114, the Tramways (Ireland) Amendment Act, 1881,
and the Tramways and Public Companies (Ireland) Act, 1883, and " The Ligiit
Railways (Ireland) Act, 1889," made the presentments which are set out in the
First Schedule to this Order, and tliereby approved of the construction of the
following Light Railway ;
A Light Railway (No. 1) commencing by a junction with the rails of the West
Donegal Railway, at a point opposite the west end of the passenger platform of
their Donegal Station, in the townland of Milltown, parish of Killymard, and
county of Donegal, and terminating at a point in a field in the townland of
Killybegs, parish of Killybegs Upper, and county of Donegal, numbered 2 on
the deposited plans, said point being 80 yaids or thereabouts, measured in a
southerly direction, from the point where the boundaries of the three townlands
of Killybegs, Drumheagh, and Cashelcuinmin meet:
A modification of Light Railway No. 1 in lieu of the portion of same
extending from 17 miles 5 furlongs 3 chains or thereabouts on the dejtosited
plans to the terminus thereof at Killybegs, such modification to commence
from the said point shown on tiie deposited plans as 17 miles 5 furlongs and
3 chains or thereabouls from the commencement thereof, and terminating- at
Killybegs at a point on the foreshore of Killybegs Harbour described in the
book of reference, and shown on the deposited plans of Railway No. 3 as
No. 90, in the townland of Corporation, parish of Killybegs Upper, and county
of Donegal, said point being 34 yards or thereabouts, measured in a westerly
direction, from the centre of the sea end of the pier described as No. 91 on the
deposited plans in same townland :
And whereas maps and plans describing the lines and books of reference to
such maps and plans containing the names of the townlands in which the lands
proposed to be taken are situated, and the names of the owners or reputed
owners, lessees or reputed lessees, and of the occupiers of such lands, and also
similar maps and plans of the said modification, with a consent signed by the
owners or reputed owners, lessees or reputed lessees, and occupiers of the lands
required for said modification consenting to same, have been deposited with the
secretary oí the grand jury of the county of Donegal, and also in the Council
Office in Dublin Castle, all of which are referred to in this Order as the deposited
plans and books of reference :
And whereas on the 22nd day of July 1890 the West Donegal Railway Company,
being the Promoters of the said undertaking, presented a Memorial to the Lord
Lieutenant in Council, praying for an Order to authorise the construction of the
Light Railways mentioned in such Memorial, and to confirm the said present¬
ments :
And whereas no appeal was lodged against the confirmation of said pre¬
sentments :
bj. a 2 And
4
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
And whereas the West Donegal Railway Company has established to the
satisfaction of the Lord Lieutenant in Council that a copy of the proposed
Order was submitted to the proprietors of the said railway company, at a
meeting duly convened and held specially for tijat purpose, on the 26th day of
June 1890, and by adjournment on the 14th day of July 1890, and that all
matters and things have been done and have happened, and all times have
elapsed, vhich, if such Order were a Bill promoted in Parliament, should have
been done and have happened and elapsed, in order to constitute compliance
with the Standing Orders of Parliament applicable to Bids protrmted by railway
companies for the like purposes as those referred to in the 5th section of " The
Light Railways (Ireland) Act, 1889" :
And whereas, by the said Act of 1860, it is enacted that the expression
" the Lord Lieutenant in Council " means the Lord Lieutenant or other Chief
Governor or Governors of Ireland, for the time being, by and with the advice
( f Her Majesty's Privy Council in Ireland :
And it appears to the Lords Justices in Council expedient to make the Order
following ;
Therefore it is ordered hy the Lords Justices General and General Governors
<if Ireland, by and with the advice of Her Majesty's Privy Council in Ireland :
Promoters.
1. The West Donegal Railway Company shall be the Promoters for the
purposes of this Order, and the said Company and their assigns are in this
Order referred to as " the Promoters."
Pou er to construct Line.
2. The Promoters may construct, maintain, and work, subject to the pro¬
visions of this Order and of the Acts incorporated herewith, the Light Railways
described in the Second Schedule to this Order in the directions and levels,
with the powers of deviation, if any, specified and described in the
deposited plans, books of reference, and sections, as the same have been
modified by the Board of Works, or as specified in the Acts incorporated here¬
with, with all proper rails, plates, offices, engine-houses, stables, carriage-houses,
warehouses, works, and conveniences connected the rewith, or for the purpose
thereof, and (subject to the provisions of the said Acts) may, by agreement,
purchase, acquire, and hold all such lands and easements as may be necessary
for the purposes of the said Light Radways, and any engine houses, stables,
carriage houses, warehouses, and other buildings and works requisite for the
working of the said Light Railway.
Gauge and other Particulars.
.3. The gauge of the said Light Railway shall be tlnee feet, notwiihstanding
anything to the cnntrary contained in an Act passed in the 9lh and 10th years
of lier present Majesty, chapter 57, entitled, "An Act for Regulating the Gauge
of Railways." No greater weight than eight tons shall be brought upon the
rails of said Light Hallways by one pair of wheels, and the speed of trains upon
said Light Railways shall not exeeed at any time 25 miles an hour.
Confirmation of Agreement with the Treasury sanctioning the Undertaking and
agreeing that it may he aided out of Public Money.
4. The Agreement of the 14th day of August 1890, entered iido between the
Lords Commissioners of Her Majesty's Treasury, the Commissioners of Public
Works in Ireland, and the We.-t Donegal Railway Company, pursuant to the
provisions of " The Light Railways (Ireland) Act, 1889," as set out intheTnird
Schedule to this Order, is hereby confirmed.
Compulsory Purchase of Lands.
5. From and after the time when this Order becomes binding, the Promoters
shall be empowered to put in force the provisions of the Lands Clauses Aets,
including the Railways Act (Ireland), 1851, with respect to the purchase and
taking of lands otherwise than by agreement with reference to the lands and
premises delineated on and described in the deposited plans and books of
lefcrence within the powers of deviation, and the provisions of the 42nd and
43rd
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889.'
43rd sections of the Tramways (Ireland) Act, 1860, shall not apply to toe said
Light Railway. The poweis of compulsory purchase conferred by this Order
shall not be exercised after the expiration of three years from the time when
this Order becomes binding.
Time for Complttion.
6. The Promoters shall complete and finish ready for use the said Light Rail¬
way, and shall provide a proper quantity of rolling stock within one year from
the date of this Order becoming binding.
Confirmation of Presentment of Grand Jury.
7. The presentments of the grand jury of the county of Donegal, which are
set out in the First Schedule to this Order, are hereby confii med, so far as they
relaie to the charge to be defrayed by the barony of Banagh, in said present¬
ments mentioned, for tlie payment of dividends at the rate of 5 per cent, per
annum upon the paid-up capital of the undertaking, that is to say, the Light
Railway No. 1, as limited by this Order; and so far as they relate to the
liability of the said barony to provide for the completing, working, and main¬
taining of the undertaking, in case of default on the part of the company.
Limit of Guarantee.
8. The capital to which the guarantee for the said Light Railway No. I set
out in the said presentment of the said countv of 1) megal shall apply, is
hereby limited to the sum of 1,000 I. ; the guarantee shall apply to so muc h of
the capital so limited as is for the time l)eing actually paid up.
Baronial Director.
9. The said barony of Banagh, in the said county of Donegal, shall, so
long as any liability exists in respect of said guarantee, be represented in the
direction or supervision of the affairs and finance of the Promoters by a
director on the Board of the Promoters, such director to be selected by the
presentment sessions to be held for such barony in the winter of each year,
and to hold office for the next succeeding year, but to be eligible for re-election.
Any casual vacancy in the office of director for any such barony may be filled
up by the grand jury of the said county at any spring or summer assizes; and
tiie right hereby conferred on said presentment sessions of appointing a
director as aforesaid shall cease when for three consecutive years the receipts
of the undertaking have been sufficient to relieve the said barony from anv
jiGcessitv during the said years to make any payment or contribution under
tiieir said guarantee.
Dividends.
10. The dividends on the paid-up capital of the said Light Railway shall be
due half yearly, on every 1st da} of May and 1st day of November in each year ;
and the Board of Trade shall, on or before the 1st day of May or the 1st day of
November, whichever shall first occur after this Order has become binding, and
fn m time to time afterwaids as any vacancy shall occur, appoint for ihe same
county the arbitrators provided by the 6th section of the Tramways and Public
Companies (Ireland) Act, 1883, and the Promoters shall, on or before the 20th
day of June and the 20th day of December in every year, make out and deliver
to the said arbitrators an account for the then preceding half year ending on the
said 30th day of April or 31st day of October, showing the amount of the paid-
up capitals of the said undertakings, and after the said undertaking shall have
been opened for public traffic, a further ac( ount of all the re ceipts of every
nature and kind lor the then preceding half year ending on the said 30th day
of April or .31st day of October, arising in any manner from the said under¬
taking so opened for [ ublic traffic, and the expenditure thereof, and the said
arbitrators shall deliver their certificate in writing to the secretary of the
gl and jury of said county before the 1st day of June and 1st day of December
in each year, ascertaining and detenniniug the amount in each half year pay¬
able under said presentments by the said I arony in respect of the said under¬
taking, and the said certificate shall be laid by the said secretary bcfoie the
grand jury of the said county at the assizes next after he shall have receiveil
67. A 3 the
r, COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
the same, and the sum mentioned in said certificate shall be presented for, and
raised and paid to tlie Promoters, and applied by them in the manner pro¬
vided by the 7th section of the said Act, in respect of the certificate therein
mentioned.
Treasury Guarantee.
11. When in any half year after the opening for traffic of the said under¬
taking, the said barony has paid to the Promoters any sums in respect of
guaranteed dividend, exclusive of any sum paid in respect of the completing,
working, or maintaining of the undertaking, the Treasury shall, if and so long
as the undertaking is maintained in working order and carries traffic, authorise
the Board of Works, out of moneys provided by I'arliatnent, to |)ay to the
treasurer of the said county, to be put to the account of the said barony, a sum
amounting to one half of the sums so paid by it in respect of guaranteed
dividend exclusive as aforesaid during such half year, but so nevertheless that
the sum so authorised to be paid shall not exceed a sum equal to interest at the
rate of 2 per cent, per annum on the paid-up capital of the undertaking limited
as aforesaid.
Placing of Line.
12. The Promoters shall, in laying down such Light Railway along a street or
high road, place ihe same at such side or in such part of the street or high road
along which it is laid, as is shown upon the said plans, and when they deviate
from the side of the road shown it shall be subject to the reasonable approval
of the county surveyor of the county. In every case in which the county sur¬
veyor of the county shall require the Promoters to lay down the said Light Rail¬
way on the side of the road which at the present time is used as a footpath, the
Promoters shall, if so required, at their own expense lay down a footpath on
the opposite side of the road in a manner satisfactory to the county surveyor.
Power to Cross Roads.
13. The Promoters may, subject to the provision of the Acts incorporated
herewith and of this Order, for the purposes of the said Light Railway and con¬
struction thereof, cross, alter, or divert, temporarily or permanently, any roads,
streets, highways, streams, sewers, ])ipes, or other works.
Provided that the Promoters shall not cross, alter, or divert, or in any way
interfere with, any telegraphic line of the Postmaster General, except in
accordance with, and subject to, the provisions of the Telegraph Act, 18/8.
The expression " telegraph line " has the same meaning as in the Telegraph
Act, 18/8.
Notice to County Surveyor.
14. Before the Promoters commence to open or break up a street or high
road, they shall give to the county surveyor notice of their intention to do so,
such notice to be given 48 hours before the commencement of the work.
Superintendence by County Surveyor.
1 Ö. The Promoters shall not open or break up any street or road, save and
except with the approval and under the superintendence of the said county
surveyor, unless he neglects or refuses to give such superintendence at the time
specified in the notice of the Promoters, or discontinues the same during the
work. The county surveyor shall be paid by the Promoters such reasonable
remuneration for the duties hereby imposed upon him as may be directed by
the Lord Lieutenant by any general or special Order.
Arbitration.
16. If any difference should arise between thePromotersandthe county surveyor
concerning the placing of tiie said Light Railway or opening or breaking up any
strei t or road, the same shall be left to the arbitration of an engineer to be
appointed by the Board of dVade, and the Promoters shall pay the expenses of
such arbitration.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 7
Restoiing Roads.
17- The Promoters, shall, after having opened or broken up a street or high
road, with all convenient speed, complete the work on account of víhich they
opened or broke up the same, and (subject to the formation of the said Light
Railway) fill in the ground, level and ntake good the surface, and generally
restore the street or high road to as good a condition as that in which it was
before it was opened or broken up, and clear away all rubbish occasioned
thereby. They shall, during such period as the street or as the high road may
be opened or broken up, cause the place where the street or high road is opened
or broken up to be fenced and watched when necessary and to be properly
lighted at night.
Alteration of Level of Roads.
18. If any authority having the control of any road or street along or across
which the said Light Railway authorised by this Order is laid, hereafter alter
the level of such road or street, the Promoters shall, from time to time, alter
their rails and lay them so that they shall not be a danger or annoyance to the
ordinary traffic on the road or street on being required to do so by the Board
of Trade.
Expenses of Repairs.
19. The Promoters shall pay all reasonable expenses of the repairs of the
streets and high roads upon or across which they shall have constructed any
part of the said railway, for six months after the same shall have been restorecl,
so far as those expenses are increased by the opening or breaking up of the
street or road.
Maintenance of Sidings and Rails.
20. The Promoters shall, at their own expense, maintain and repair all sidings
on which the said Light Railways shall be laid.
Level Crossings.
21. The Promoters shall construct, to the reasonable satisfaction of the county
surveyor, all such level crossings as shall, in his opinion, be necessary to the
junctions of any roads or ways with the road, on or along which the Light
Railway shall be laid, and at the existing entrances to all lands and buildings
abutting or in the vicinity of such road.
Power to enforce OhUgations of Promoters.
22. In case the Promoters shall at any time fail or neglect to carry out any
work of maintenance or repair imposed upon them by this Order, after the
expiration of four days from the service on them of a notice in writing by the
county surveyor, it shall be lawful for any two magistrates of the county,
without prejudice to any other remedy in that behalf, to order any work for
maintenance or repair, as aforesaid, to be executed by the Promoters, at their
own expense, within such time as the said magistrates shall direct, and, in
default thereof, it shall be lawful for the county survejmr to cause said work to
be executed, and the Promoters shall, on demand by the county surveyor, pay
to him all expenses incurred in the execution thereof.
Right as to Roads.
23. The Promoters shall not be deemed to acquire any right other than that
of user only in the soil of any street or high road across which they may lay
their Light Railway.
Crossings.
24. The public highways shall be crossed, and every bridge over any road
shall be built as shown upon the said plans and sections, notwithstanding any¬
thing to the contrary contained in the Railway Clauses Consolidation Act.
Ö7. A 4
s COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Additional Powers as to Crossings and Worhs.
25. The Promoters may, subject to the provisions of this Order, from time
to time make all such crossings, passing places, sidings, junctions, and other
works, in addition to those particularly mentioned in the said deposited plans
and sections, as may from time to time be necessary or convenient for the
efficient vorking of the said Light Railway, or for providing access to any
stables, carriage-houses, engine-houses, warehouses, or works of the Promoters.
Temporary Works.
26. If, and whenever it shall become necessary for the purpose of repair or
other similar or temporary purposes to remove or dose any part of the said
Light Railway of the Promoters, they may lay down and maintain for the time
necessary, but no longer, on some other part of the same Light Railways, or on
an adjoining part of the road, a temporary railway instead of the part removed
or dosed, and rriay maintain and use the same until the part so removed or
closed is reinstated.
Tolls.
27. The Promoters shall be entitled to demand and take in respect of their
Light Railways such tolls and charges as shall not exceed the maximum tolls and
J ates of charge which are specified in the Schedule to " I he Tramways (Ireland)
.Act, 1860," or as shall from time to time be fixed in pursuance of the provisions
of " The Railway and Canal Traffic Act, 1888," or any amendment thereof.
List of Tolls.
28. A list of all the tolls and charges authorised to be taken in respect of
the Promoters Light Railway shall be exhibited in a conspicuous place upon the
premises of the company at each of their stations.
Roof Loading.
29. No passengers or goods shall be carried on the roof of any wagon or
carriage except with the permission of tiie Board of Trade, and subject to any
conditions which they may impose.
Motive Power.
30. The cariiages used on the said Light Railways may, subject to the pro-
\ if ion of this Order, be moved by animal power, 01 steam power, or any
mechanical power. The exercise of the powers hereby conferred with respect
to the use of steam (jr any mechanical power shall be subject to any regulations
which may be prescribed by any Order which the Board of Trade mav, and
which they are hereby empowered to make, from time to time, as and when
they may think fit for securing to the public all reasonable protection against
danger in the exercise of the powers by this Order conferred with respect to the
use of steam or any mechanical power on the said Light Railway.
Fences and Walls.
31. Eefoie. the said Light Railway shall be opened for traffic, the Promoters
shall erect and complete all such new fences, railings, and walls, and strengthen,
improve, and alter all such existing fences, railing, or walls in the said county
as the county surveyor shall reasonably consider necessary to make the said
Light Railway and any street or road in oi'along which the said Light Railway
siiall be laid in such county safe for the use of the public, and shall thereafter
maintain and keep the same in good order, repair, and condition, to the satis¬
faction of the county suiveyor for the time being for such county ; and if in
the construction of the said Light Railway any existing stone depots siiall be
taken or rendered useless, the Promoters shall construct an equal number of
depots of the same dimensions as those taken or rendered useless in such places
as the said county surveyor .-hall direct.
Costs of Order.
32. The costs, charges, and expenses of obtaining this Order, including the
expenses incurred by the grand jury in relation thereto, shall be paid by the
Promoters.
MADE UNDER "THE LIGHT KAIIAVAYS (IRELAND) ACT, 1889." 9
Keeping of Accounts.
38. The Promoters shall keep full, true, and distinct books of aocount. showing
the capital of the undertaking and its receipts from every source, and its expen¬
diture, and they shall keep and preserve all receipts ¡aid other documents
necessary for vouching same, and shall at all limes produce the .said books,
receipts, and documents, for the inspection of such person or persons as the
grand jury may from time to time appoint to examine same, and also of such
person or persons as the Treasury may from time to time appoint for the like
purpose; and also of the arbitrators appointed, pursuant to section (5 of the
Tra mways and Public Companies (Ireland) Act, 1883.
Audit of Accounts.
34. The accounts of the undertaking shall be audited once in each year by
some fit and proper person to be appointed from time to time for that purpose
hy the grand jury, and the Promoters shall produce for the inspection and
examination of such auditor their books of account, and all receipts and
documents necessary for vouching same, and supply the auditor with all such
lurther information as may be reasonably required by him for the purpose of
auditing the said accounts. The exjienses of the audit shall be paid by the
Promoters, and in case of difference as to their amount they shall pay such sum
in respect of the said expenses as may be fixed by the Lord Lieutenant by any
general or sp'^cial Order. It shall be the duty of the grand jury to appoint at
each spring assizes an auditor for the purpose aforesaid, and the auditor shall,
on or before the 15th May following his appointment, furnish a statement of
the result of the audit, with a summary of the accounts of the undertaking
since the last preceding audit, to the Commissioners of Public Works in Ireland,
and also to the secretary of the grand jury. In case an auditor dies or declines
to act, or becomes incapable of acting, the grand jury mav, at any assizes,
appoint another fit and proper person to be auditor in his place, who shall pro¬
ceed to audit the accounts and to furnish the statements specified in this para¬
graph within a reasonable time after his appointment.
Inspection of Works.
35. It shall be the duty of the county surveyor, if so directed by the grand
jury, once in each year, or oftener, if they consider it necessary, to inspect the
lines, sidings, and other "orks, and the engines, rolling stock, and plant of the
undertaking, and to furnish to the grand jury at the summer assizes, and also
at the spring assizes, if he considers it necessary, a report as to the state of
repair and condition of the said lines, sidings, works, engines, rolling stock, and
plant, and as to such other matters in connection therewith as he may think
proper ; and he shall furnish to the Board of Works a copy of every such report.
He shall be paid for the said inspection and report such sum as the Lord Lieu¬
tenant may fix by general or special Order.
Working Arrangements ivith other Companies.
36. The Promoters niay, subject to the a])proval of the Board of Trade, from
time to time enter into contracts, agreements, or arrangements with any other
company for the leasing, working, use, interchange of traffic, management, and
maintenance of the undertakings and work-, or any part or pans thereof, or for
the supply of rolling stock, necessary machinery and apparatus for the working
and use of the same, or to acquire running powers over the undertaking of the
Promoters, upon such terms as may be from lime to tiim' agieed upon, and for
the aforesaid purposes, or any of them, to lay down additional rails upon the
authorised tramway or railway of n.ny such company or any part thereof, or
upon the railway of the Promoters, and to enter into and carry into effect
agreements in reference to such additional rails and the costs thereof.
Provisions for securing the Completion and Maintenance of the Light Railwag,
pursuant to the Tramways and Public Companies {Ireland) Act, 1883.
37. The Promoters shall complete the undertaking within the time limited
by tliis Order, and shall at all times efficiently work the undertaking, and shall
at all times maintain and keep the lines in good condition and repair, and so as
67. ß not
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
uot to be a danger or annoyance to the ordinary traffic of the road on which
the rails of the .-aid Light Railway for the time being rest.
Inquiry in case of Défailli in Completion, \yorking or Maintenance.
88. In any case in which it is represented in writing to the Board of Trade
by the grand jury of the county of Donegal, or by 20 ratepayers of the said
barony of Banagh, or hv the county surveyor of the said county, that the Pro¬
moters have made any default in the completion, working, or maintaining of
the line, the Board of Trade may, if they think fit, direct an inquiry by an
officer to be appointed by the said Board, such iiicjuiry to be conducted in such
manne r as the Board of Trade may order ; and if the Board of Trade certify
that the default mentioned in such representation has been proved to the satis¬
faction of the said Board, the Promoters siiall make good such default in the
manner and within the time specified in such certificate.
Copy of Map, Plan, and Book of Reference to be lodged with Board
of Trade.
89. Within one calendar month from the date of this Order the Promoters
shall lodge with the Board of Trade one copy of the map and plan describing
tiie Light Railway, together with one copy of the book of reference.
Committee of Management.
40. If at any time the Board of Trade report to the Lord Lieutenant that
the Promoters have failed to comply with a certificate of the Board of Trade
issued by the Board under this Order, the Lord Lieutenant may direct the grand
jury of the county of Donegal to appoint a committee of management to complete
or to manage and work and maintain the undertakings.
Transfer of the Undertakmg to the Grand Jury.
41. If at any time the barony has been called upon to pay and has paid any
money for completing the undertaking, or has been called upon to pay and has
continued to pay during a period of two years, any money for maintaining or
working the undertaking, then the undertaking, and all the property of the
company connected with it, shall become the property of the grand jurv of
the county of Donegal, subject, to any liabilities affecting such undertaking' or
property, and the Lord Lieutenant may thereupon order that the grand jury
shall appoint a committee of management for the pnrposes of the under¬
taking.
Constitution and Powers of Committee of Management.
42. Every committee of management appointed under either of the last two
sections of the Order shall be constituted in sucli manner, and shall have such
powers with reference to the undertakings as the Lord Lieutenant may order.
The grand jury shall from time to time ])re.seot, in advance or otherwise,
such sums as the committee so a])pointed may estimate or report to he neces¬
sary for the purposes for which the committee has been appointed, to be levied
off the said guaranteeing barony in like manner as its guarantee for dividends.
The members of the committee shall be paid by tlie grand jury, out of moneys
to be levied off the same barony, such reasonable remuneration as the Lord
Lieutenant may by general or special Order prescribe.
The committee of management shall apply the sums so presented in such
manner as the Order of the Lord I ieutenant may prescribe. Pending the
giving of the direction to appoint a committee of management, the Lord
Lietitenant may direct the county surveyor to do all such matters and things as
a committee of management might do if appointed during such period as the
Lord Lieutenant may direct.
Grand Jury included in Definition of Promoters.
48. If at any time the -aid Light Railway bec omes the property of the grand
jury of the county of Donegal, or comes to be managed by a committee of
management appointed in accordance with this Order, the provisions of this
Order shall, so far as they are applicable, apply to the grand jurv of the said
county,
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." n
county, as if such çrand jury were the Promoters within the meaning of this
Order ; and the powers of compulsory purchase hereby conferred on the Pro¬
moters shall be exercisable (even though the time hereby fixed for their exercise
shall have expired) by such committee and such grand jury, respectivelv, during
such time as shall be fixed by the Lord Lieutenant.
Issue of Shares.
44. The Protnoters may issue shares for the said undertaking to the extent
of the paid-up capital; that is to say, 1,000 /. for Undertaking No. 1 ; and
such capital shall be deemed to be new or additional capital in the undertai-ting
of the Promoters, and shall be issued at such times and on such conditions as
shall be determined by the Hoard of Directors of the Promoteis' company.
Provision fur securing Completion in lieu of Deposit.
45. After the expiration of three years,•from the time that this Order shall
become binding, in case the Light Railway hereby authorised is not opened for
public traffic, the payment of dividend on the ordinary capital of the West
Donegal Raib\ ay Company shall be suspended until the Light Railway to which
this Order relates shall have been opened fur traüc.
Application of Post Office [Parcels) Act, 1882.
46. The Post Office (Parcels) Act, 1882, shall apply to the said Light Rail¬
way, and for the purposes of that Act the Light Railway shall be deemed to be
a railwa}', and the promoters a railway com|)any.
Provision for Protection of the Postmaster General, in the event of the
Light Railwag being worked by Electricity.
47- In the event t)f the said Light Railway being worked by electricity, the
following provisions shall have effect : —
(1.) The Promoters shall construct their electric lines and other works of all
descriptioni, and shall work their undertaking in all respects witli due regard
to the telegraphic lines from time to time used or intended to be used by Her
Majesty's Postmaster General, and the currents in such telegraphic lines, and
shall use every reasonable means in the construction of their electric lines and
other works of all descriptions, and the working of their undertaking, to prevent
injurious affection, whether by induction or otherwise, such telegraphic lines, or
the currents therein. If any question arises as to whether the Promoters have
constructed their electric lines or other works, or xvork their undertaking in
contravention of this sub-section, such question shall be determined by arbitra¬
tion. and the Promoters shall be bound to make any alteiations in, or additions
to, their system which may be directed by the arbitrator.
(2.)—[a.) Before any electric line is laid down or any act or work for work¬
ing the said Light Railway by electricity is done within 10 yards of any part of a
telegraphic line nf Postmaster General (other than repairs, or the laying of
lines crossing tlie line of the Postmaster General at right angles at the point of
shortest distance, and so continuing for a distance of 6 feet on each side of
such point), the Promoters, or their agents, not more than 28 nor loss than 14
days liefore commencing the work, shall give written notice to the Postmaster
General specifying the cour.-e of the line and the nature of the work, including
the gauge ot any wire, and the Promoters and their agents shall conform with
such reasonable requirements (either general or special) as may from time to
time be made by the Postmaster General for the purpose of preventing any
telegraphic line of the Postmaster General from being injuriously affected by
the said act or work.
[b.) Any difference which arises between the Postmuster General and the
Promoters, or their agents, with respect to any requirements so made shall be
determined by arbitration.
(3.) In the event of any contravention of, or wilful non-compliance with, this
section by the Promoters or their agents, the Promoters shall be liable to a fine
not exceeding 10 I. for every day during which such contravention or non-com-
67. ^ 2 pliance
12
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
pliance continues, or if the tele>;raphic communicatinn is wilfully interrupted,
not exceeding 50/ foi' every day on which such interruption continues.
(4.) Provided that nothing in this section shall subject the Prom .ters, or
their agents, to a fine under this section, if they satisfy the court having cogni¬
zance of the case that the immediate doing of the act, or execution of the work,
was required to avoid an accident, or otherwise was a work of emergency, and
that they forthwitli served on the postmaster or sub-postmaster of the postal
telegraph office nearest to the place where tlie act or work was done a notice of
the execution thereof, stating the reason for doing or executing the same with¬
out previous notice.
(5.) For thr purposes of this section, a telegraphic line of the Postmaster
General shall be deemed to lie injuriously affected by an act or work, if tele¬
graphic communication by me.ms of such line is, whether through induction or
otherwise, in any manner affected by such act or work, or by any use made of
such work.
(6.) î'or the purposes of this section, and subject as therein provided. Sec¬
tions 2, 8, 9, 10, 11, and 12 of "The Telegraph Act, 1878," shall be deemed to
be incorporated with ihis Act, as if the Promoters were undertakers within the
meaning of those sections, without prejudice nevertheless to any operation
which the other sections of the said Act would have had if this section had not
been enacted, and, in particular, nothing in this section shall be deemed to
exclude the provisions of Section 7 of the Telegraph Act, 1878, in relation to
the matters mentioned in that section.
(7.) The expression "electric line" has the same meaning in this section as in
the Electric Lighting Act, 1882.
(8.) Any question or difference arising under this section, which is directed to
be determined by arbitration, shall be determined by an arbitrator appointed by
the Board of Trade on the application of either party, who^e decision sliall be
final, and Sections 30 to 32, both inclusive, of the Regidation of Railways Act,
1868, shall apply in like manner as if ihe Promoters, or their agents, were a
company within the meaning of that Act.
(9.) Nothing in this section contained shall be held to deprive the Postmaster
General of any existing right to proceed against the Promoters by indictment,
action, or otherwise, in relation to any of the matters aforesaid.
Works below High Water Mark not to be commenced without consent of Board
of Trade.
48. The Promoters shall not construct on the shore of the sea, or of any
creek, bay, arm of the sea, or navigable river communicating therewith, where
and so far up the same as the tide flows and re-flows, any work without the
previous consent of the Board of Trade, to be signified in writing under the
hand of one of the secretaries of assistant secretaries of the Board of Trade, and
then only acci rding to such plan and under such restrictions and regulations
as the Board of Trade may approve of, such approval being signified as last
aforesaid ; and where any such work may have been constructed, the Promoters
shall not at any time alter or extend the same without obtaining, previously to
making any such alteration or extension, the like consents or approval. If any
such work he commenced or completed contrary to the provisions of this Order,
the Board of Trade may abate and remove the same, and restore the site
thereof to its former condition at the cost and charge of the Promoters, and the
amount of such costs and charges shall be a debt due from the Promoters to
the Crown, and shall be recoverable accordingly with costs.
Protection of Navigation,
49. Sections 13 to 19, both inclusive, of the Railway Clauses Act, 1863,
shall, so far as the same are applicable, be incorporated with and form part of
this Order, and in construing these sections of the last mentioned enactment,
the \\ ords " railway " and " v ork " shall be taken to mean and include tramway,
as defined by Section 25 of the Tramways and Public Companies (Ireland) Act,
1883.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889. ' 13
Saving Rights of the Crown in the Foreshore.
50. Nothing contained in this Order shall authorise the Promoters to take,
use, or in any manner interfere witii any portion of the shore or bed of the sea,
or of any river, channel, creek, bay, or estuary, or any right in respect tiiereof,
belonging to the Queen's Most Excellent Majesty, in right of Her Crown, and
under the management of the Board of Trade, without tiie previous consent in
writing by the Board of Trade on behalf of Her Majesty (which consent the
Board of 'irade may give) ; neither shall anything m this Order contained
extend to take away, prejudice, diminish, or alter any of the estates, rights,
privileges, powers, or authorities vested in or enjoyed or exercisable by the
Queen's Majesty, her heirs or successors.
Any Land Reclaimed hy the Works not to be taken without consent of the Board
of Trade.
51. If in the course or by means of the execution of any works by this
Order authorised, any part of the shores or bed of Killybegs Harbour belonging
to Her Majesty shall he issued, gained, or reclaimed from the water, the Pro¬
moters shall not have or exercise any light upon the same, or in respect thereof,
and shall not enter npon, take, use, or interfere with the land so issued, gained,
or reclaimed for any purpose whatsoever without the consent in writing of the
Board of Trade on behalf of Her Majesty, but such issuing, gaining, or
reclamation shall enure alisolutely for the beneiit of the Queen's Majesty, Ilor
heirs or successors.
Saving Rights of the Crown under Crown Land.
52. Nothing contained in this Order, or to be done under the authority
thereof, shall in any manner atlect the title to any of the subjects, or any rights,
powers, or authorities mentioned in or reserved by Sections 21 and 22 of the
Crown Lands Act, 1866, and belonging to or exercisable by Her Majesty, Her
heirs or successors.
Labouring Classes Dwellings.
53. The Promoters shall not, under the powers of this Order, without the
consent of the Local Government Board for Ireland, purchase or acquire, in any
urban sanitary district, as defined by the Public Health (Ireland) Act, 18/8, 10
or more houses which, after the passing of this Order, have been, or are
occupied either wholly or partially by persons belonging to the labouring class
as tenants or lodgers.
For the purposes of this clause, the expression " labouring class " includes
mechanics, artizans, labourers, and others working for wages; hawkers, coster-
mongers, persons not working for wages, but working at some trade or handicraft
without employing others except members of their own family ; and persons,
other than domestic servants, whose income does not exceed an average of
30.9. a week, and the families of any such persons who may be residing with
them.
Incorporation of Acts.
54. The Lands Clauses Consolidation Act, 1845, the Railway Clauses Con¬
solidation Act, 1845, the Railways Act (Ireland), 1851, the Railways Act
Ireland (1860). the Lands Clauses Consolidation Acts Amendment Act, 1860,
the Clearing Act Ireland), 1860, Part ! (T the Companies Clauses Act, 1863,
the Railways Act (Ireland), 1864, the Railways Traverse Act, the Regulation of
Railways Act, 1888, and the Board of Trade Arbitration Act, 1874, shall, subject
to the provisions of the Tramways (Ireland) Acts, be incorporated with this
Order, except where the same aie expressly varied by this Order. The |)ro-
visions of the said Act directing deposits to be made with Clerks of the Peace
(except the proxdsions relative to access to the special Act), and with Clerks of
poor law unions and Postmasters, and the provisions with respect to the crossing
of roads and other interferences therewith (other than the provisions of the
Railway Clauses Consolidation Act, 1845, Sections 65, 66, and 6/), and the
provisions with re.'^pect to the use of locomotive engines or other moving power,
not being animal power, are hereby excepted out of the incorporation herein-
oefore made.
67- B 3
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Interpretation.
33. In this Order the several words, terms, and expressions to whicli mean¬
ings are assigned by the Tramways (Ireland^ Acts have the same meanings
respectively.
Provided riiat in this Order the expression " L'gh^ Railway" and "Undertaking"
shall mean l espectively the Light Railway and works and undertaking authorised
by this Order, and the expression " County Surveyor" shall mean the Surveyor
of the Grand Jury acting for the division of the county in which the Light
Railway and works are situate.
Provided also that in this Order the term "The 1 ramways (Ireland) Acts"
means the Tiamways (Ireland) Act, 1860, the Tramways (Ireland) Amendment
Act, 1861, the Act 34 & 35 Vi( t. c. 114, the Act 39 & 40 Viet. c. 65, the
Tramways Oreland) Amendment Act, 1881, and the Tramways and Public
Companies (Ireland) Act, 1883.
Short Title.
56 'Ihis Order may he cited for all purposes as " The West Donegal Light
Railway (Kill\ begs) Order, 1890."
Given at the Council Chamber, Dublin Castle, the
24 th day of October 1890.
Leinster. M illiam O'Brien.
James Murphy.
FIRST SCHEDULE referred to in the foregoing Order.
Pkesentmkxt of the Grand Jury of the CouNi y of Donegal,
COUNTY OF DONEGAL.
Spring Assizes, 1890
Act 6 & 7 Wm. IV. c. 1 16 ; the Tramways (Ireland) Acts ; the Tramways and
Public Companies (Ireland) Act, 1883.
WE, the Grand Jury for the county of Donegal, j)resent, approve, order,
and direct as follows, that is to say :—
1. That the West Donegal Railway Company shall be at liberty to construct,
maintain, and work a Light Railway, described as Light Railway No. 1, com¬
mencing by a junction with the r.dls of the West Donegal Railway, at a point
opposite the west end of the passenger platform of their Donegal Station, in
the townland of Milltown, parish of Killymard, and county of Donegal, and
terminating at a point in a field in the townland of Killybegs, parish of
Killybegs Upper, and county of Donegal, numbered 2 on the deposited plans,
said point being 80 yards or thereabout, measured in a southerly direction, from
the point w here the boundaries of the three townlandsof Killybegs, Drumbeagh,
and Cashelcurnmin meet, in the direction and levels, and witli the power of
d viation specified and de.-ci'ibed in the ])lans, books of reference, and sections
de])osifed by the same Company with the Secretary of the said Grand Jury.
2. That a dividend at the rate of 5 l. per cent, per annum shall be guaranteed
and paid lialf-yearly by the barony of Banagh, situate and being in the county
of Donegal, upon so much of the sum of 1,000 I., being the share capital for
the said Light Railway No. 1, as shall fur the time being have been paid-up
capital, commencing as to each share from the date at which it has been fully
paid up, provided that if and whenever, after the opening of the said under¬
taking for public traffic, the net receipts from the said undertaking shall amount
to a sum equal to a dividend at the rate aforesaid on the capital of the said
undertaking for the time being paid up, then no sum shall be payabte by the
said haronv in respect of any half year in which there are net profits sufficient
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." i.j
and applicable to the payment of siicii dividend, and that if and whenever,
after the opening of the said undertaking as aforesaid, the net receipts from the
said undertaking shall not amount to a sum equal to a dividend ut the rate
aforesaid on the capital of the said un.iertaking for the time being paid up, the
sum required to make up and pay such dividend as aforesaid, shall be payable
half-yearly by the said baronies to the said Company, as provided by " The
Tramways and Public Companies (Ireland) Act, 1883."
3. That the proportions in which such half-yearly dividends shall be paid by
the said barony, and the days upon which the same shall become due and
payable, and the mode of ascertainment of the net receipts in each half-year
applicable to the payment of such dividend, shall be as provided by the
Tramways and Public Companies (Ireland) Act, 1883, and by the Order of
Council.
4. '1 hat in case of default on the part of the said Company, the completion,
working, and maintaining of the said Idght Railway No. 1, shall be provided
for at the cost of the said baronies.
5. That the said barony of the said county of Donegal shall be represented
in the direction or supervision of the affairs and finance of the said Company
by a Director on the Board of the said Company, one to be selected by the
Presentment Sessions, to be held for each such barony in the winter of each
year, and to hold office for the next, succeeding year, but, to be eligible for re¬
election ; such Director to be the same person as the Directnr appointed to
represent the barony as provided by " The West Donegal Light Railway Order,
1886."
Dated at Lifford, this 18tii day of March 1890.
Robert George Montgomery,
Fore mon.
Presentment of the Grand Jury of the County of Donegal.
COUNTY OF DONEGAL.
Spring Assizes, 1890.
Act 6 & 7 Wm. IV. c, 116; the Tramways (Ireland) Acts; the Tramways and
Public Companies (Ireland) Act, 1883 ; the Light Railways (Ireland) .\ct,
1889.
WE, the Grand Jury for the county of Dvuiegal, present, approve, order, and
direct as follows, that is to say :—
1. That the West Donegal Railway Company sliall be at liberty to constrnct,
maintain, and work a modification of Light Railway No. 1, in lieu of the portion
of same extending from 17 miles 5 furlongs and 3 chains or thereabouts, on the
deposited plans to the terminus thereof at Killybegs, such modification to com¬
mence from the said point shoun on the deposited plans as 17 miles 5 furlongs
and 3 chains or thereabouts from the commencement thereof, and terminating at
Killybegs at a point on the foreshore of Killybegs Harbour, described in the
book of reference, and shown on the deposited plans of Railway No. 3 as No.
90, in the townland of Corporation, parish of Killybegs Upper, and county of
Donegal, said point being 34 yards or thereabouts, measured in a westerly
direction from the centre of ihe sea end of the pier, described as No. 9l on the
deposited plans, in same townland, in the direction and levels, and with the
powers of deviation specified and described on the modified plan and section,
signed by the foreman of the said grand jury and in the consent, dated 13th
March 1890, signed by the several persons intere.sted in the lands through which
the said intended modified line of railway will be made, said plans, seetioiis, and
a copy consent being now depo.sited with the Secretary of the said grand jury.
Dated at Lifford, this 18th day of March 1890.
Hobeut George Montgomery,
Foreman.
67.
if. COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
SECOND SCHEDULE rel'eiTed to in the foregoing Order.
Containing a De>crij)tion of the Light Railways proposed to be Constructed.
1. A Light Railway (No. 1) commencing hy a jnnction with the rails of the
West Donegal Railway, at a point opposite the west end of the passenger
platform of their Donegal Station, in the townland of .Milltown, parish of Kiily-
mard, and county of Donegal, and terminating at a point in a field in the town-
land ofKillybeg'-, parish of Killybegs Upper, and cou ity of Donegal, numbered 2
on the deposited plans, said ¡.oint being- 80 yards or thereabouts, measured in
a southerly direction, from the point where the boundaries of the tt.ree townlands
of Killybegs, Drunibeagb, and t'ashelcummin meet.
A modification of Light Railvvai No. I in lieu of the portion of same, extend¬
ing fiom 17 miles 5 furlongs and 3 chains or thereabouts, on tlie deposited plans
to the terminus thereof at Killybegs such modification to commence from the
said jioint shown on the deposited plans as 17 miles 5 fuilongs and 3 chains or
thercidjouts, frem the commencement thereof, and terminating at Killybegs at a
point on the foreshore of Killybegs Harbour, described in the book of reference
and shown on the deposited plans of Railway No. 3 as No. 90, in the tomdand
of Corporation, paiish of Killybegs Upper, and county of Donegal said point
being 34 yards or thereabouts, measured in a westerly direction from the centre
of ihe sea end of the jfier, described as No. 91 on the deposited plans in same
townland.
THIRD SCHEDULE lefeired to in the foregoing Order.
Containing a Copy of an Agreement made between the Lords Commissioners
of Her Majesty's Treasury and the within-naineil Promoters, pursuant to
"The Light Railways (Ireland) Act, 1889."
Agreement made the I4th day of August 1890 between Sir Herbert
Eustace Maxvyell, Bart., and the Honourable Sidney Herbert, two of the Lords
Commissioners of Her Majesty's Treasury, hereinafter called the Treasury
(which expression shall include the survivor of them, and the executors,
administrators, and assigns of such survivor whoie the context so requires or
admits), of the fii-st ¡.art; Lieut. General Richard Hier.nn Sankey, r.e., c.b„
William Richard Le Fanu, Esq., and Samuel Ussher Roberts, Esc]., c.b., the
Commissioners of Public Works in Ireland,hereinafter called the Board of Works
(which expression shall include the survivors and survivor of them, and the
executors, administrators, ami assigns of such survivor where the context so
reijuires or admits), of tin- second part, and the We-t Donegal Railway Com¬
pany, incorporated by "The West Donegal Railway Act, 1879," hereinafter
called the Company, which expres>ion sl.all include their successors and assigns
where the context so requires or admits, of the third part.
Whereas the Company, being an Ii ish railway company, having a railway
open for traffic in pursuance of the provisions of the Tramways (Ireland) .Acts,
and " The Tiamvays and Pnblic Companies (Ireland) Act, 1883," applied to the
Grand Jnrv of the county of Donegal at the Spring Assizes of 1890 and
obtained from the Grand Jury by presentments their approval of the construc¬
tion of a Light Railway from a point particularly described in the presentments
in the townland of Milltown, and parish of Killymard, to a point also described
in the townland of Corporation, and parish of Killybegs Upper, all in the county
of Donegal, hereinafter called the Undertaking, and their sanction to a gu .rantee
of dividend at the rate of 5 l. per cent, per annum by the barony of Banagh, in
said county, upon so much of a sum of 1,000 I. (being the share capital of the
said Light Railway) as .-hould for the time being be paid-up capital as defined
by said last-mentioned Act, and that in case of default on the part of the Com¬
pany, the completion, working, and maintaining of the -aid Light Railway
should be piovided for at the cost of the said barony. And whereas in pursu¬
ance of the provisions of the Light Railways (Ireland^ Act, 1889, the Lord
Lieutenant by Order in Council has declared that it is desirable that a Light
Railway
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 17
Railway should be constructed between, amoniç other places, " Donegal and
Killybegs" for the development offisherits ;ind other industries, but that owing
to the circumstfinces of the district, special as-^istance from the State is required
for its construction, and declared that the provisions of that Act should apply to
such Light Railway.
And whereas the report of the Board of Works made upon the inquiry
directed by the 9th section of the Tramways (Ireland; Act, 1860, as altered bv
the 7th section of the Light Railways (Ireland) Act, 1889, approved of the
undertaking as therein set forth and presented ibr.
And the hreasury, in pursuance of the said Light Railways (Ireland) Act,
1889, have sanctioned and have agreed to aid the said umlertakin,; with a free
grant of a capital sum not exceeding 11.ó,600/. out of moneys to be provided
by Parliament, upon the terms and condition^ as to the construction, main¬
tenance, execution, and working of the undertaking, and in tlie other respects
hereinafter appearing.
Now these presents witness that, in pursuance of the statutory powers in
the Light Railways (Ireland) .Act, 1889, and of every other power enabling
them in that behalf, it is hereby agreed and declared between and by the
Treasury and the Company, and as a separate agreement it is hereby agreed
and declared between and by the Board of Works and the Company, as follows
(that is to say) :
1. The Treasury hereby .sanction the undertaking as modiñed and approved
of by the Board of Works, and the company sliall construct and complete the
same, including the permanent way, and all stations, works, and conveniences
in connection therewith, within the time limited by the Order of the Lord
Lieutenant in Council hereinafter mentioned, and in accordance with the work-
iuii plans, sections, specifications, and designs hereinafter mentioned.
The Company shall forthwith obtain an Order of the Lord Lieutenant in
Council confirming this Agreement and, at the same time, prove to the satis¬
faction of the Board of Works that the share capital of 1,000/. has been sub¬
scribed for and fully paid up, and applied for such purposes as the Treasury
mav direct. The gross total amount of tlie preliminary t'Xpeuses, including all
remuneration to the company's engineer, solicitor, and other officials, hut
exclusive of the costs of land claimants and arbitration expenses shall nor exceed
the sum of 6,100/, and the company shall, immediately after obtaining the
Order in Council, furnish to the Board of Works an account of such preliminary
expenses and agreements in writing between the company and their engineer,
solicitor, and such othei' officials as tiie Treasury may require, wiierehy the said
engineer, solicitor, or other officials shall agree to accept remuneration at such
fixed rate per mile of the undertaking as the Treasury may dctei mine in lieu of
all other remuneration whatsoever, the gross total of the expenses incurred and
to be incurred (exclusive as aforesaiil) shall not exceed the said sum of 6,100 /.
Upon the afon said account being furnished to the Board of Works, and upon
the Company obtaining and lodging with the Board of Works a sufficient and
binding arrangement or agreement with the Finn Valley Railway Company for
securing through working to the satisfaction of the 1 reasury, the Treasury
shall lodge to the credit of No. 1 account hereinafter mentioned a sum of
1,800/., and upon the approval of the working plans and specifications of the
line of railway to be lodged as hereinafter provided with the Board of Works,
they shall lodge a further sum of 1,300/. to the crecht of the same account.
The Company shall vouch all payments on foot of No 1 account within 28
days after they shall have been made, and no further payments shall be made to
the Companv until they havi; so vouched their accounts to the sati>faciion of the
Board of Works; a further lodgment of 1,200/. shall be made wlien tie
engineer to be appointed by the Board of V\oiks, with the consent of the
Treasury, certifies that one-half of the works are done, and no further pay¬
ments on account of the foregoing shall be made until the line is completed
fully and open for traffic, when the balance, 1,800/., shall be lodged to the
credit of the aforesaid account. For the purpose of this Agiaement the com¬
pany shall open an account with a banking companv, herein called No. 1
account, to be approved of by the Board of Works, who shall pay in the said
advances to the credit of that account, and the company shall make all payments
exceeding 2 /. by cheques direct on that account.
07. C 2. For
1 8 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
2. For the purpose of paying fur the land required for the construction of
the said undertaking the land claiinauti' solicitor's c^sis and the costs of any
arbitrations or valuations in connection with the taking of the land other than
the C'uupanv's solicitoi's costs, the Treasury shall and hereby agiee immediately
after the aj^provalof the working plans as aforesaid, to advance to the company
sums of money not exceeding at any one time 2,000 I. The company shall
vouch all payments on foot of No. 2 account, herein mentioned, within 28
da\s after the same shall have been made, and no further payment shall be
made to the company on this account until the company has so vouched their
payments, and an estimate he furnished by their solicitor to the Board of Works
of tlie probable further amount required. For the ¡jurposes of tlds paragraph
the company shall open an account, herein called No. 2 account, with the same
Banking Company, either in the name of the company or in the name of some
per>on to be nominated by them, and approved of by the, Boai d of Works, and
for whose acts ti e company sh dl be responsible. The Board of Works shall
pay in all advances made for the purposes of this ])aragi aph to the credit of that
account, and the company or their nominee shall make all payments by cheque
direct on that account. The afipoiiitment of a land valuer shall be subject to
the approval ot the Board of Works.
3. The working plans, sections, and specifications for the line of railway and
bridges, the design and specifications for all station buildings, the general
speciticalion for engines, cairiages, and wagons for the undertaking, which line
of railway, station buildings, bridges, engines, carriages, and wagons, are here¬
inafter referred to as " the works," shall, when |)repared by the company's
engineer, be lodged with and submitted t ) the Board of Works lor their
approval, and the said working plans, sections, specifications, and designs for
the works shall becume the property of the Treasury so sonn as they are lodged
with and approved of by the Board of Works ; and no tender shall be advertised
for until the said working plans and specifications for the work have been so
approved, and when so approved they shall be signed by < r on behalf of the
company, as carrying out completely '' the woi ks " to be handed over by the
company on the terms of this Agreement, except as tiiercal'ter modified by the
Board of Work's.
4. At least one month's previous notice of all tenders for the execution of
works, or for materials for tiie undertaking shall be given by advertisement in a
form to be approved of by the Board of Works in such newspapers as they
may direct, such form to be lodged with the Board of Works for their approval
within seven days after the said working plans, sections, specifications, and
designs have been approved of as aforesaid ; and all sealed tenders shall be
addressed under cover as follows :—" To the Secretary of the West Donegal
Light Railway (Kiliybegs Extension), care of the Commissioners of Public
VA oiks, Custom House, Dublin." The tender shall he opened in the presence
of some per-on or persons appointed by the Directors to represent them, atid
of one at least of the Commissioners of Public Works, and no tender shall be
accepted by the company except the person tendering, and the security which
he proposes to give for tiie completion of the works, shall have been approved
of by the Board of Works.
5. Every contract deed for the execution of any work required for the under¬
taking shall, befoi e it is entered into, be submitted to the Board of Works for
approval, and shall contain, in addition to the usual clauses, such other clauses
and conditions as, having regard to the nature of the transaction, they may-
deem or be advised are necessary. All payments on foot of every such con¬
tract Hiall be made by the Board of Works direct to the contractor, in such
manner, and subject to such conditions as regards detention money, payment
for extra work, and all other matters and things as may be provided by the
contract deed, and the Board of Works, if they deem it advisable, shall he made
a party to all contract deeris.
6. So soon as the undertaking, engines, carriages, and wagons shall have
been completed and handed over to the company by the respective contractors,
and so loni as the property in tlie undertaking remains in the company, the
company hereby covenants with the Treasury to keep the same in good order,
repair, and condition.
1. So
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." i i
7- So soon as the undertaking has been han led over to them as aforc-said, the
company hereby covenanls with the Treasury th.at they will for ever thereafter,
or until the property of the company in the undertaking shall become the
properly of tlie Grand Jury of the county of Dom gal, under tiie provisions of
Section 10 of " The Tramways and Public Comp.mies (Ireland) Act, 1883," run
at least two passenger trains e ich way, and at least one goods train, if mixed
trains are not allowed by the Hoard of Tr.ide, between Donegal and Killybegs,
on e\ery day except Sunday, at such hours and on such lerms and conditions
as may from time to time be agreed on between the company and the
Treasury.
8. The company shall from time to time furnish to the arbitrators apjaoiuteri
under the provisions of " The Tramways and Public Companies (Ireland) Act,
188.3," proper accounts of the receipts, including terminals, of the undertaking,
from all descriptions of traffic, and the actual cost of working and maintaining
the undertaking, and the engines, carriages, and rolling stock connected there¬
with ; and in case the gross receipts from the line shall be insufficient to pay
such actual cost, take all necessary steps in pursuance of said last-mentioned
Act to obtain payment of any loss Irom the Grand Jury of the county of
Donegal in pursuance of the recited presentment, if the said gross receipts
from the line shall be more than .sufficient to pay the actual cost of such working
expenses and maintenance as aforesaid, the surplus shall be applied as
follows : —
1st. In payment of the dividend at the guaranteed rate upon the capital
of the company fully paid up.
2nd. In paying any money which in any previous half-year shall have
been contributed by the county in pursuance of their gnar.mtee, or for
maintaining and working the line.
8rd. Tiie surplus shall be paid to the Treasury or applied for the
improvement of the line, with the consent of the Board of Works.
The gross receipts referred to in this article include a due mileage proportion
of all thiough fares, rates, rents, and charges, ini ludiug all terminals.
The tolls, rates, fares, and chirges to be fixed shall for each sort of traffic be
the same, or as nearly as circumstances will reasonably admit, as those for
similar traffic on the existing undertaking of the com¡ any.
9. The company shall keep all such accounts and vouchers as the Treasury
from time to time shall deem proper for the purposes of this Agreement, and
shall, within six weeks after the 30th diy of April and 31-t day of October, in
every year transmit to the Treasury an accur.ite al)sfract of such of the accounts
as are ft-om time to time necessary to be shown foi the purposes of this Agree-
merit.
If and whenever the Treasury within two months after the transmission to
them of any abstract of accounts, shall require the company to verify the same,
such abstract shall be verified accordingly, and shall, if necessary, be made
correct, and shall thenceforth be deemed to be a settled account.
But if two months shall have been permitted to pass without the verification
of the abstract of accounts having been required, the same shall thereupon be
deemed a settled account, and no settled account shall be re-opened.
For the purpose of verifying such absti-act the coiaipany shall produce all
necessary book<, documents, and vouchers to the auditor or other person duly
appointed by the Board ( f Works whenever so required, and the company
shall immediately after such audit pay sucli auditor at the rate of 2 I. 2 s. per
diem in addition to his costs and expeuses.
10. Nothing herein contained shall charge, ail'ect, or incumber the real or
personal e.-tate of the parties hereto of the first and second parts, they Imving
executed these presents only in their respective capacities as l.ords Com¬
missioners of Her Majesty's Treasury and Commissioners of Public Works in
Iieland, and having no personal interest therein.
11. The Treasury shall be the sole judge of the construction of this Agree¬
ment and of all matters or things therein refened to. In witness whereof the
07. c - parties
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
parties aforesaid have hereto set tlieir hands and seals, and the company hath
hereunto affixe I its corporate seal the day and year first above written.
Signed, sealed, and delivered by '
Herl ert Eustace Maxwell and
Sidney Herbert, two of the
Lords Commissioners of Her
Majesty's Treasury, in pre¬
sence of
Thomas Lindsay,
Treasury Messenger. ^
Signe d, sealed, and delivered by
Ric hard H Sankey, William
R. I,e Fauu, and Samuel U.
Roberts,the Commissioners of
Public Works in Ireland, in
piesence of
W. B. Soady, Secretary,
Office of Public Works.
W. M. Lane, Solicitor,
Otfice of Public Works,
Dublin.
Herbeut Eustace Maxwell.
{Seal.)
Sidney Herbert.
R. H. Sankey.
Wm. R. Le Fanu.
S. U. Roberts.
(Seal.)
(Seal.)
{Seal.)
{Seal.)
The Corporate Seal of the West
Donegal Railway Company
affixeci hereto, in presence of
W. Sinclair,
Chairman.
Seal of
West Donegal
Railway
Company.
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 21
THE DOWNPATRICK, KILLOUGH, AND ARDGLASS RAILWAY
ORDl-.R, 1890.
By the Lords Justices and Privy Council in Ireland.
Zetland.
Whereas, by Order dated tlie l.^st day of November 1889, tlie Lords Justices
General and General Governors of Ireland, bv and with the advice and consent
of Her Majesty's Privy Council in Ireland, and in pursuance and by vii tue of
"The Light Railways (Ireland) Act, 1889," did thereby declare that it is
desirable that a Light Railwaj shall be constructed between Downpatrick and
Ardglass lor the development of fisheries and o'her industries, but that, owing
to the circumstances of the districts, special assistance from the State is
required for its construction ; and did thereby further Order tbat the provisions
of the said "Light Railways (Ireland) Act, 1889," shall apply to the Light
Railway to be constructed between tbe places aforesaid.
And whereas, the Grand Jury of tbe Countv of Down, at the Summer Assizes,
1890, acting in execution of tbe power-vested in them by " The Tramways
fireland) Act, 1860," and " Tbe Tramways (Ireland) Amendment Act, 1861,"
the Act of the SesAon of the 34ih and 35th \ ears of the reign of Her jircsent
Maj esiy, chapter 114. intituled "An Act to Aineud the Tramways (Ireland)
Acts, 1860 and 1861;" "The Tramways (Ireland) .Amendment Act, 1881 ;"
"The Tramways and Public Companies (Ireland) Act, 1883;" and "The
Light Railways (Leland) Act, 1889;" made the Presentment which is set out
in the first Schedule to this Order, and thereliy duly approved of the constiuc-
tion of a Light Railwav to connect the Bellast and County Down Railway with
the Harbour of Ardglass, and commencing in the Townland of Demesne of
Down, and Parish of Down, by a .lunction with tbe Newcastle Branch of the
Belfast and County Down Railway, and terminating in the Townland of
Ardglass, and Parish of Ardglass, and which Light Railway it is proposed to
construet within the County oí Down, and tbe jurisdiction of the s aid Grand
Jury, and is hereinafter referred to a.s the Lii>ht Railway.
And whereas the promoters of the said Light Railway are the Belfast and
County Down Railway Company, being a Company^ ini orporated by .Act of
Parliameni, and being an Iri-b Railway Company ha\ ing a railway, namely,
the said Belfast and County Down Railway, open for traffic.
And whereas an inquiry, as direc ted by Tie 9th Section of the Tramways
(Ireland) Act, i860, as altered by tbe Light Railways (Ireland) Act, 1889, has
been duly held in reference to the undertaking of the s dd Light Railwa ., and
the report of the Board of Works made upon siicli inquiry has apiiroved of
such undertaking.
And whereas the Commissioners of Her Majesty's Treasury, hereinafter
called the Tia a-ury, have sancti ned such undertaking, and have made an
agreement with the B Ifast and County Down Railway Company, as such
promoters, foi- the construction, maintenance, and working of the said Light
Railway, and have thereby agreed that the said undertaking shall be aided out
of public money by a capital sum by way of fiee <;rant, or in the alternative, by
an annual sum redeemable as in the said agreement mentioned.
And whereas the Treasury have, pursuant to the Railways (Ireland) Act,
1890, signified their consent that it shall be lawful for the Belfast and County
Down Railway Coiiqiany to construct, maintain, and work under such agree¬
ment, a raiiway other than a Light Railway.
And wheieas, oti the 5th day of August 1890, the Belfast and County Down
Railway Compan\, as the promoters of the said undeitaking, presented a
memorial to the Lord Lieutenant in Council, praying for an order to authorise
the construction of tiie said Light Railway mentioned in the said Memorial,
and te confirm tlie said agreement made by the Treasury, and to sanction the
promotion of tbe said Light Railway, and the maintenam e, management, and
working (hereof, by the Belfast and County Down Railway Company, and to
confirm the said Prc;-entment.
And whereas the said Light Railway mentioned in the Memorial and heiein-
aft: r autliori-ed to be constructed, is to be constructed between the jdaces
67. c 3 mentioned
22 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
mentioned in the said Order in Council of the 1st day of November 1889;
namely, Downpatrick and Ardglass ; and will, when constru ted, connect sucli
places by means of such Light Railway.
And whereas the Belfast and County Down Railway Company has established
to the satisfacUon of the Lord Lieutenant in Council that a copy of such
proposed Order has been submitted to the proprietors of the said Railway
Company, and that all matters and things have been done and have happened,
and all times have elapsed u hich, if such Order were a Bill so promoted as
aforesaid should have been done and have happened, and elapsed in order to
constitute compliance with the Standing Orders of Parliament applicable to
Bills promoted by Railway Companies for the like purposes to those referred
to in the 5th Section of " The Light Railwavs (Ireland) Act, 1889."
And w hereas, by the said Act of 186Ü, it is enacted that the expression " the
Lord Lieutenant in Council" means the Lord Lieutenant or other Chief
Governor or Governors of Ireland, for the time being, by and with the advice
of Her Majesty's Privy Council in Ireland :
And it ap|)ears to the Lords Justices in Council expedient to make the Order
following ;—
Theiefore it is hereby declared and ordered bv the Lords Justices
General and General Governors of Ireland, by and with the advice of Her
Majesty's Privy Council in Ireland, that it is desirable that a Light
Railway should be constructed between the Railway of the Belfast and County
Down Railway Company in the towtdand of Dememe of Down and parish of
Down in the couniy of Down, and Ardglass Harbour in the townland of
Aidglass and parish of Ardg'ass, in the said county (being the places between
which the Light Railway hereinafter de-cribed, and hereinafter referred to
as the Light Railway, is hereinafter authoiised to be constructed), for the
development of fisheries and other industries, and that, owing to the circum¬
stances of the district, spe( ial assistance from the State is required for its
construction, and that the provisions enacted by The Light Railwavs (Ireland)
Act, 1890," shall be and are applicable to such Light Railway, being the
Light Railway hereinafter described and authorised to be constructed.
.And therefore it is further ordered by the Lords Justices General and
General Governors of Ireland, by and with the advice of Her Majesty's Privy
Council in Ireland :
Promolers.
1. The Belfast and County Down Railway Company shall be the ih'omoters
for the purposes of this Order, and tlie said Company and their as-igiis are in
this Order referred to as "The Promoters."
Power to Construct Lines.
2. The Promoters may construct, maintain, and work, subject to the pro¬
visions of this Order, and of the Acts incorporated tlierewith, the Railway and
'J ramwav described in the second Schedule to this Order, which are hereinafter
collectively referred to as the Railway, in the direction and levels, with the
powers of deviation specified and described in the plans, books of reference,
and sections deposited by tbe Promoters with the Secretary of the Grand Jury
of the county of Down, as the same have been modified by th'^ Board of Works,
and hereinaftei- respectively referred to as the deposited plans, sections, and
books of reference, with all proper stations, siding>, approaches, rails, plates,
offices, engine-houses, stables, carriage-houses, warehouses, works, and con¬
veniences connected therewith, or for tbe purposes thereof, and (subject to the
provisions of the said Acts and of this Order) may purchase, acquire, and
hold all such lands and easements as may be necessary for the purposes of the
Railway and any stations, engine-houses, stables, carriage houses, warehouses,
and other bidldings and works requisite for the purposes of the Railway.
Promotion of the undertaking bg the Belfast and County Down
Railway Company sanctioned.
3 The promotion of tiie Railway and the said undertaking by the Promoters
and' the taking by them of all proper and necessary steps to obtain this Order
are hereby sanctioned.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, i889." 23
Confirmation of Agreement with Treasury.
4. The agreeuient dated the I5th day of September 1890, made by the
1 reasury with the Promolers for tlie construction, maintenance, and working
oi the Railway, and that the said undertaking may be aided out. of public
money by a free grant of a capital sum of 30,000 or in tlie alternative by an
annual payment of 900/., redeemable at the option of the Treasury, as set
out in the third Schedule to this Order, is hereby confirmed, and the Promoters
pursuant to section 5 of the "Light Railways (Ireland) Act, 1889," are hereby
authorised to raise as capital such additional sum of money for such purpose
ill such manrur as is hereinafter specified
Gauge.
5. The gauge and other particulars of the Light Railway shall be 5 feet
3 inehes, and it shall be lawful for the Promoters to construct a Railway other
than a Light Railway.
Compulsory Purchase of Land.
6. 1 he forty-second and forty third sections of "The Tramways (Ireland)
Act, 1860," shall not apply to this Older or the Railway, and from and after
the time when this Order becomes binding the Promoters shall be enpowered
to put in force the provisions of the Lands Clauses Acts, and the Railways
(Ireland) Act, 1851, and the Acts amending the same, with respect to tlie
purchase and taking of lands, otherwise than by agreement, with reference to
such of the lands and premises delineated on the deposited plans and specified
in the deposited books of reference, as may be required for the purposes of
this Order.
Time for Compulsory Purchase.
7 The powers of compulsory purchase conferred by this Order shall not be
exercised after the expiration of three years from the time when this Order
becomes binding.
Land for Extraordinary Purposes.
8. The quantity of land to be taken by the Promoters by agreement, for the
extraordinary purposes mentioned in the " Railways Clauses Consolidation Act,
1845," shall not exceed fi\e acres.
Time for Completion of Railway.
9. The promoters shall com])lete and fini-h, ready for use, the Railway, and
shall provide a proper quantity of rolling stock within one year from the date
of this Order becoming binding.
Confirmation of Presentment of Grand Jury.
10. 'Ihe Presentment of the Grand Jury of the County of Down which is set
out in the first Schedule to this Order is hereby confirmed, so far as it relates
to the charge to be defrayed by all ibe baronies in the County of Down, for the
payment of dividends at the rate of 3 per cent, per annum u|ion the paid-up
capital of the undertaking, the guarantee on which is limited by this Order,
and to the proportions in which the said baronies shall respectively be bound to
contribute in respect of such guarantee. Such baronial guaranteed shares shall
not be issued until actually required by the Prom-oters. and the Promoters shall
issue and raise 1,000 I. of the 4,000 I. to be contributed by them under the said
agreement ot the 15tb day of September 1890, confirmed by this Order, for
every 1,500 I. nominal value of the baronial guaranteed shares until 6.000 1.
nominal value of baronial guaranteed shares shall have been issued. The pro¬
portions of the liability which the said baronies micr are to contribute in
respect of such guarantee and charge as aforesaid shall be rateable according to
the respective valuations of the said baronies respectively.
67. c 4 "
24 COPIES OF OHDERS IN COUNCIL, AND AGREEMENTS
Limit of Guarantee.
11. The capital to which the guarantee set out in the said presentment siiall
applv is hereby limited to the sum of 17,000/. The guarantee shall apply to
so much of the capital so limited as is for the time being actually paid up.
iVo Treasury Guarantee under 9th Section of Tramways and Public Companies
{Ireland) Act, 1883.
12. The said baronies shall not be entitled in respect of any payment made
by them in payment of the said dividends to any contribution or payment Irom
the Treasury or the Board of Works under the 9th Section of the Tramways
and Public Companies (Ireland) Act, 1883.
Placing of Line.
13. The Promoters shall, in laving down the Railway along a street or high
road, place the same at such side or in such part of the street or high road
along which it is laid as the County Surveyor ibr the County shall direct. In
every case in which the County Surveyor of the County shall require the Pro-
motets ta lay down the Railway on the side of the road which at the present
time is ustd as a footpath, the Promoters shall, if so required, at their own
expense, lay down a footpath on the opposite side of the road in a manner satis¬
factory to the County Surveyor.
Power to Cross Roads.
14. The Piomoters may. ^ubjecr to the provisions of the Acts incorporated
herewith and ot this Order for tlie purposes of the Railway and the construction
theieof, cross, alter, or divert tempoiarily or permanently, any roads, streets,
highways, streams, sewers, pipes, or other works. The Promoters siiall not
cross, alter, divert, or in any way interfere with any telegraph line of the Post¬
master General, except in accordance with and subject, to the provisions of the
Telegraph Act, 1878. The expression "telcgrapliic line" has the same meaning
in this clause as in the Telegraph Act, 187H.
Notice to County Surveyor.
15. Before the Promoters commence to open or break up a street or high
road, they siiall give to the County Surveyor for the County in which the same
is situate notice of their intention to do so, such notice to be given forty-eight
hours before the commoncement of the work.
Suptriutendence by County Surveyor.
16. The Piomoters shall not open or break up any street or road, save and
except with the approval of the County Surveyor of the County, unless he
neglects to give or refuse approval at the time specified in the notice of the
Promoters. The County Surveyor of the said County shall be paid by the
Promoters such reasonable remuneration for the duties hereby imposed upon
him as may be directed by the Lord Lieutenant by any general or special
Order.
Restoring Roads.
17. The Promoters .shall, after having opened or broken up a street or high
road with all convenient speed, complete the work on account of which they
opened or broke up the same, and (subject to the formation of the Railway) fill
in the ground, level and make good the surface, and generally restore the street
or high road to as good a condition as that in which it was before it was opened
or broken up, and clear away all rubbish occasioned thereby. They shall during
such period as the street or the high road may remain open or broken up, cause
the place where the street or high road is opened or broken up to be fenced and
watched where necessary, and to be properly lighted at night.
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 188P." 25
Alteration of Level of Roads.
18. If any authority having the control of any road or street across which the
Railway authorised by this Order i< laid herealter alter the level of such road
or street, the Promoters shall from time to time alter their rails and lay them
so that they shall not he a danger or annoyance to the ordinary traffic on the
ro.id or street.
Expenses of Re])airs.
19. The Promoters shall pay all reasonable expenses of the repairs oi' the
streets and high roads upon or acro.ss which they shall have constructed any
part of the Railway, for six months aber the same shall have been restored, so
far as those expenses are increased Iry the opening or t)reaking up of the street
or road.
Maintenance of Sidings and Rails.
20. The Promoters shall, at their own expense, maintain and repair all sidings
on which the Hailway shall be laid.
Level Crossings.
21. The Promoters shall construct, to the satisfaction of the Countv Surveyor,
all such level crossings as shall, in his opinion, he necessary to the junctions
of any roads or ways with the road on or along which the Railway shall be
laid, and at the existing entrances to all lands and buildings abutting on or in
the vicinity of such road.
Road Crossings.
22. Before any of the road crossings are made plans of the .same shall be
submitted to and be approved of by the County Surveyor of the County of
Down.
Levels of Road Crossings.
23. The I'romoters shall not construct any road crossing at such a level as to
render necessary the lowering of the surface of any county road below the flood
level, unle^s they shall first construct proper drains for draining such road so
lowered to the satisfaction of the County Surveyor of the said county.
Lodymerd of Plans with County Surveyor.
24. Ten days at least before the works are commenced copies of the working
plans and specifications, so far as the same relate to any road crossings or other
interference with county property, shall be deposited with the County S irveyor
of the said County of Down.
Power to enforce Obligations of Promoters.
25. In case the Promoters shall at any time fail or neglect to carry out any
work of maintenance or repair upon or in connection with any public road or
highway crossed or interfered with by the Railway imposed upon them by tbis
Order, after the expiration ol four days from the service on them of a notice in
writing by the Count\ Surveyor it shall be lawful for any two magistrates of
the said county, without prejudice to any other remedy in that behalf, to order
any woik for maintenance or repair as aforesaid, to be executed by fbe
Proiiioteis at their own expense, within such time as the said magistrates shall
direct ; and in default thereof, it shall be lawful for tbe said County Surveyor
to cause said work to be executed, and the Promoters shall, on demand by
the said County Surveyor, pay to him all expenses incurred in the execution
thereof.
Right as to Roads.
26. The Promoters shall not be deemed to acquire any right other than
that of user only in the soil of any street or high road along or across which
they may lay the Railway.
07. D
26 COPIES OF ORDERS îN COUNCIL, AND AGREEMENTS
Additional Powers as to Crossings and IVorks.
27- Tue Promoters may, subject to the provisions of this Order, from time to
time make all such crossings, passing-places, sidings, junctions, and other
works, in addition to those particularly mentiomd in the said deposited plans, as
may from time to time he necessary or convenient for the efficient working of
the Railway, or for providing access to any stables, carriage-houses, engine-
houses, warehouses, or works of the Promoters, or of persons ownmg premises
contiguous to the Rail«ay.
I'emporarg li'orks.
28. if and whenever it shall become necessary for tite purpose of repair or
other similar or temporary purposes to remove or close any part of the Railway
of the Promoters thev may lav down and maintain for the time necessary,
hut no longer, on some other |)art ot the Railway, or on an adjoining part of
the road, a teniporarv Railway instead of the ¡«art removed or closed, and may
maintain and use the same until the part so removed or closed is reinstated.
Tolls.
29. The Promoters shall he entitled to demand and take such tolls and
charges as shall not exceed the maximum tolls and lates of charges which
are specified in Schedule B. to "TheTramwavs (Ireland) Act, 1860," or any
amendment thereof, or as shall Irom time to time he fixed in pursuance of the
provisions of the Railway and (,'anal Traffic Act, 1888, or any amendment
thereof.
Form of Rail.
30. As to the said Tramway, being work No. 2 s¡>ecified in the Seconl
Schedule hereto, the form of rail shall he approved by the said County Surveyor,
hut in the event of the Promoters being dissatisfied with his decision they shall
he at liberty to appeal to the Board of Trade, whose decision shall be final.
Roof Loading.
31. No passengers nor goods shall he carried on the roof of any carriage
except with the permission of the Board of Trade, ami subject to anv conditions
which they may impose.
Motive Potver.
32. The carriages used on the Railway may, subject to the provisions of
this Order, be moved by animal power, or steam power, or any mechanical
power. The exercise of the powers hereby conferred with the respect to the
use of steam or any mechanical power shall be subject to any regulations which
may he prescrilied hv any Order which the Board of Trade may, and which
thev are hereby emjiowered to, make from time to time, as and when they may
think fit, for securing to the public all reasonable protection against danger
in the exercise of the powers by this Order conferred, with respect ro the use of
steam or any mechanical power on the Railwa}'.
Fences and If alls.
33. Before the Railway shall be opened for traffic the Promoters shall erect
and complete all such new fence.s, railings, walls, and screens between the
Railway and any county road, and strengthen, improve, and alter all such
existing fences, railings, or walls between the Railway and any county road
as the County Surveyor shall consider necessary to make the Railway, and the
road in or along which the Railway shall he laid in such county, safe for the
\ise of the public, and shall thereafter maintain and keep the same in good
order, repair, and condition, to the saiisfaction of the County Surveyor for the
time being for such county ; and if in the construction of the Railway any ex¬
isting stone depots, or places usually used for depositing stones, shall he "taken
or rendered useless, the Promoters shall construct an equal number of dépôts
of the same dimensions as those taken or rendered useless in such places as the
said County Surveyor shall direct.
MADE UNDEIÍ " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 27
References of Disputes to Board of Trade.
34. If any clifFertnce aiises between ihe Promoters or their engineers on the
one band and the County Sutve\or on the otliei' hand, with reference to any
interfeience or contiol exercised or claimed to iie exercised by the County Sur¬
veyor in relation to the Railway or works, or the necessity for, or propriety of,
or 11.ode of tbe execuiiou of, any work, or on the question whether any work is
reasonably sufficient or ought to satisfy the County Survevor,or with respect to
any otlnr subject or thing, the matter in difference shall be settled by an appeal
to the Board of Trade, on the application of either party, and the decision of the
Board of Trade shall be final.
■Costs of Order.
33. The ci.sts, charges, and expenses of obtaining this Oriier, and any pro¬
ceedings j relimmary or otheiwisc in relation thereto, including the expenses
incurred by the (jiand Jury of the County of Down in relation thereto, shall be
paid by the Promoters.
Baronial Auditors
'¿6. The said baronies shall he represmted in the direction of the affairs and
finance of the Pre motet s, so far as relates to the Railway, in manner following :
the cesspayers and justices assembled at any Presentment Sessions of one of
tbe said baronies to be from time to time designated by the Grand Jury may
from time to time, and so often as shall be necessary, by resolution at any such
Presentment Sessions, appoint one auditor, with pow-er to inspect the books and
accounts ol the Promoters so far as they relate to the said undertaking, at
reasonable times, and such Presentment Ses.-ions may from tiu.c to time by like
resolution fill any vac ancy in the office of such auditor, and remote such auditor
and appoint any other perecn in his room. Until the Grand Jury shall other¬
wise designate such auditor shall be appointed by the said baronies in the
following order, and shall hold office for one year from tlte date of his appoint¬
ment, ciz. : the barony of Lecalc, the barony of Upper Ards, the barony of
Lower Ards, the barony of Upper Cautlereagh, the barony of Lower Castlereagh,
the barony of Dufferin, the barony of Upper Iveagh, upper half ; tiie barony of
Upper Ueugh, lower half; the barony of Lower Iveagh, upper half ; the barony
of Lower Iveagh, lower half; the barony of Kinelarty, the barony of Newiy,
and the barony of Mourne.
Keeping of Accounts.
37. The Promoters shall keep full, true, and distinct books of acc »uiit,
showing the capital of the Railway and Tramway and its receipts from every
source, and its expenditure, and they shall keep and preserve all receipts and
other documents necessary for vouching same, and shall at all times produce the
said book?, receipts, and documents for the inspection of such person or pensons
as the Grand Jury may from time to time appoint to examine the same, and
also of such person or persons as tlie Treasure may from time to time appoint
for the like purpose, and also the arbitrators appointed pursuant to Section 6
of the Tramways and Public Companies (Ireland) Act, 1883.
Audit of Accounts.
38. The accounts of ihe undo taking shall be audited twice in each year by
son.e fit and pioper person to be appointed fiora time to time for that purpose
by the Grand Juiy, as aforesaid, and the Promoters shall produce for the
inspection and examination ol such auditor their 10( ks of account and all
receipts and documents necessary for vouching the same, and supply the auditc r
with all such further infoimation as n ay be reasonably required by him f r the
purpose of auditing the said accounts, 'i he expenses of the audit shall be paid
by the Pron otos, and in case of difference as to their amount they shall pay
such sum in resprct of the said expenses as may be fixed by the Lord
Lieutenant by any general or special order. And such auditor shall, on 01
1 efore every 15ih of May and I5th of Noveml er, furnish a statement of the
result of the audit, with a summary of the accounts of the undertaking since
by. 9 the
•28
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
the last preceding audit, to the arbitratois appi-inted pursuant to Section 6 of
the IVamvvay and Public Companies (Ireland) Act, 1883, and also to the
secretary of the Grand Jury.
Provision for securing the Completion unci Maintenance of the Railway,
pursnavt to the Tramways and Public Companies [Ireland) Act, 1883.
39. The Promoters shall complete the undertaking within the time limited
hy this Order, and shall (notwithstanding that the receipts from the under¬
taking are insuificient to deiray tiie e.xpenses of rn magcment, and of efficiently
working and maintaining the undertaking, and before the Grand Jury are
called upon to incur any liaiiility under Section 10 of the Act 46 & 47 Vict,
c. 43, or under Clauses 41, 42, 43, 44, and 45 of this Order) at all
times efficiently work the undertaking out of the earnings of the under¬
taking, or if such earnings are insufficient, then out of the general revenue
and profits of the Belfast and County Down Railway, and shall at all times at
the like expense maintain and keep the line in good condition and rejrair, and
so as not to be a dangei' or annoyance to the ordinary traffic of any road on
which the rails of the Railway for the time being rest, and shall at all times
keep the said guarantieing baronies and every of them indemnified against all
expense or liability in respect thereof.
Inquiry as to default of Completion, Working, or Maintenance.
40. In any case in which it is represented in writing to the Board of Trade
by the Grand Jury, or by twenty ratepayers of any barony, or part of barony,
which is or which may become liable to any payments on account of any
baronial guarantee given in respect of the Uailway, or by the County Surveyor
of the said county, that the Promoters have made any default in the com¬
pletion, working, or maintaining of the line, the Board of Trade may, if they
think fit, direct an inquiry by an officer to be appointed by the said Board, such
inquiry to be conducted in such manner as the Board of Trade may order, and
if the Board of Trade certify that the default mentioned in such representation
has been pioved to the satisfaction of the said Board the Promoters shall make
good such default in the manner and within the time specified in such certificate.
Committee of Management.
41. If at any time the Board of Trade report to the Lord Lieutenant that the
Promoters have failed to comply with a certificate of the Board of Trade, issued
by the Board under this Order, the Lord Lieutenant may direct the Gi and Jury
to appoint a Committee of Management to manage and work and maintain the
undertaking.
Transfer of the Undertaking to the Grand Jury.
42. If at any time the said baronies have been called upon to pay and have
paid any money for completing the undertaking, or have been called upon to
pay and have continued to pay during a period of two years any money for
maintaining or working the undei'taking, then the undertaking and all the
property of the Company^ connected with it shall become the property of the
Grand Jury, subject to any liabilities affecting such undertaking or property,
and the Lord Lieutenant, may thereupon order that the Grand Jury shall appoint
a Committee of Management for the purposes of the undertaking.
Co7),stitntion and Powers of Committee of Management.
43. Every Committee of Management appointed under either of the last
two sections of the Order shall be constituted in such manner and shall have
such powers with reference to the undertaking, as the Lord Lieutenant may order.
The Grand Jury shall from time to time present in advance or otherwise such
sum as the Committee so appointed may estimate or report to be necessary for
the purposes for which the Committee has been appointed, to be levied off the
said baronies in the same proportion as their guarantee for dividends. The
members of the Committee shall be paid by the Grand Jury out of moneys to be
levied off the same baronies such i easonable remuneration as the Lord Lieu¬
tenant may by general or special oi der prescribe.
The
MADE UNDER "THE LIGH r RAILWAYS (IRELAND) ACT, 18H9." 29
The Committee of Management shall apply the sums so presented in such
manner as the Order of the Lord Lieutenant may pri scribe. Pending the giving
of the direction to appoint a Committee of Management, the Lord Lieutenant
may direct the County Surveyor to do all such matters and things as a Com¬
mittee of Management might do if appointed during such period as the imrd
Lieutenant may direct.
Grand Jury included in Definition oj Promoters.
44. If at any time the Railway becomes tlie property of the Grand J iry, or
comes tu be managed by a Committee of Management appointed in accordance
with this Order, the piovisioiis of this Order shall, so far as they arc applicahlc,
apply to the Grand Jury of the said County as if such Grand Jury were the
Promoters w ithin the meaning of this Order, and the powers of compulsory
purchase heieiiy conferred on the Promoters shall be exercisable (even though
the time hereby fixed for their exercise shall have expired}, by such Committee
and Grand Jury respectively during such time as shall be fixed by the Lord
Lieutenant.
Power to raise Additional Capital.
45. The i'rornoters (in additiou to the capital which they are now authorised
to raise) may for the purpos( s of the Railw ay and the undertaking hereby
authorised, create and issue new shares, bearing intenst at the rate of 3 per
cent, per annum, secured by way of guarantee under the provisions of the said
presentment and this Order and the Tramways and Public Companies (Ireland)
Act, 1883. The total nominal value of the new shares so guaranteed shall not
exceed. 17,000 I., and such shares are in this Order referred to as the Baronial
Guaranteed Shares, and shall be designated in the books of the Promoters and
on the certificates issued therefor, by the same or other similar appropriate
description.
Power to raise Additional Capital.
46. The Promoters (in addition to the Baronial Guaranteed Shares and other
capital which they are now authorised to raise) may raise from time to time for
the purposes of the Railway and the undertaking hereby authorised and of this
Order by the creation and issue of new .'-hares or stock such additional capital
as they think fit, not exceeding in the whole the. sum of 40,000 /., inclusive of
the said sum of 17,000 I. Baronial Guaranteed Shares, and they may create and
issue such new shares or stock (other than the Baronial Guaranteed Shares)
either wholly or partially as Ordinary, or wholly or partially as Preferential
Shares or Stock, or as Deferred Shares or Stock as they may think fit.
Incorporation ofi' General Acts 8 9 Vict. c. 16.
47. The clauses and provisions of the Companies Clauses Consolidation Act,
1845, with respect to the following matters (that is to sav) :—
The distribution of the capital of the Company into shares ;
The transfer or transmission of share-;
The [)ayment of subscriptions and the means of enforcing tlie payment
of calls.
The forfeiture of shares for non-payment of calls ;
The n medies of creditors ol' the Company against the shareholdei s ;
The borrowing of money by the Company on mortgage or bond ;
The conversioTi of borrowed money into capital;
The consolidation of shares into stock ; and
The giving of notices ;
and Part 1. (relating to cancellation and surrender of shares), and Part IE
(relating to additional capital), and Part III. (relating to debenture stock), of
the Companies Clauses Act, 1863, are (e.xcept where expressly varied by this
Order) incorporated with and form part of this Order.
Amount of Shares.
48. The Promoters shall not issue any share of the Baronial Guaranteed
Shares of this Order of less nominal value than 10 I.
67. ^ 3
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Aduilional Capital to be Capital of Promoter Company.
49. The Capital in new Shares or Stock created under this v)rder shall form
part of the Capital of the Promoters.
Shares not to issue until One-fifth part paid up.
50 Tlie Promoters -hall not issue any Share created under the authority of
this Order, nor shall any Siiare vest in tlie person or corporation accepting the
same, unless nnd until a sum not being less than one-fifth of the amount of such
Share is paid in rcspei t thereof.
Receipt for Persons not sui juris.
ñl. If any money is payable to a shareholder being an infant or lunatic, the
receipt of the guardian or conunittee of his estate shall be ;i sufficient discharge
to the Promoters.
Power to Promoters to guarantee Payment or punctual Payment of the
Dividends on the Baronial Guarantee Shares.
52. The Promoters shall have power t.) enter into any agreement with or
to give any guaiantee to the holders of Baronial Guaranteed Shares that the
dividends ;.t the rate of 3 per cent, on such shares shall be paid upon any
diitc or dates to be fixed by the Promoters, or otheiwise to guarantee or under¬
take the payment or punctual payment of the dividends, at the rate aforesaid
on such shares, and the Promote) s shall have power by any such agreement or
gl arautee or for the purposes thereof to charge or bind all or any of the under¬
taking and property of the Promoters other than the i'ailway, and shall have
power from time to time to apply any of the income or profits or accumulated
income or profits of all or any of such other undertaking or property of the
promoters in advancing or paying to the holders of the Baronial Guaranteed
Shares, the amount oí the dividends thereon, at the rate aforesaid, as the same
shall from time to time become due or upon such date or dates as shall be fixed
by the Promoters, but a)iy such charge or obligation upon the undertaking and
jiroperiy of the Piomoters criated by any such agreement or guarantee and any
such application of the income or profits thereof in payment of such dividends,
shall be subject to the rights of the holders of any existing Debentures,
Debenture Stock, Guaranteed or Preference Stock or Shares of the Promoters,
and in the event of the Promoters advancing or paying any sum in respect of
such dividends out of any source other than the net profits of the Railvvav,
such advance or payment shall not prejudice or affect the liability of the said
fiaronies in i-equest of such dividends or any presentment to be made in respect
thereof, hut the Promoters shall be entitled to receive in repayment of any such
advance or payment any sums chargeable upon the said baronies iti respect of
such dividends so advanced or paid by the Promoters and which the said
baronies would have be n liable to payq if the amount of such dividend bad
not been advanced or paid by the Promoters, and the Grand Jury shall be
boui.d to prisent for the amount of such dividend in the same manner as if no
such advance or payment, had been made by the Pronaoterq and the said
Baronial Guai'anieed Shares may be issued either with or subject to any such,
agreement or guarantee by the Pri moters for the payment or punctual payment
of the dividends thereon, or without any such agreement or guarantee by the
Pi'omoters. Provided always that nothing contained in this clause or in any
agreement or guarantee to he made or given by the Promoters under this clause,
shall in anywise increase the liability which the said baronies would have been
under if this clause 1 ad not formed [jortion of this Order.
As to Dividends on new Shares.
53. The net receipts from time to time of the Railway applicable to dividend
shall be applied iu the first place in payment of dividend on the Baronial
Guaranteed Shares at the rate of 3 per cent, per annum, and subject to any
agreement or guarantee which may be made or given by the Promoters under
Clause 53 of this Order. 'J he holdei's of those shares shall not in respect
thereof be entitled to dividend out of any receipts or profits of the Promoters
other
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 31
^her than the net profits of the Railway, and the holders of the Baronial
Ouaiantced Shares shall not be entitled in respect thereof to any dividend in
excess of 3 per cent, per annum, but the surplus net profits of the Railway in
any half year after payment of a dividend at the rate of 3 pei' cent, j)er
annurn, on the Baronial Guaranteed Sliares. and subject to the rights of the
baronies under the provisions of the 5th section of the Tramways and Public
Companies (Ireland) Act, 1883, shall belong to the Promoters and may be
ap()lied by them accordingly.
Rights, Liabilities, 8fc., in reference to neiv Shares or Stock.
54. Except as by this Order otherwise pi-ovidod the cauital and new shares
or stock created by tlie Promoters under this Ordei and the new shares or
stock therein and the holders thereof respectively (otiier than the Baronial
Guaranteed iShares and the hohlers thereot rcspLctively), shall be subject and
entitled to the same pow. rs, piovisions, liabilities, rig!>ts, privileges and incidents
whatsoever in all respects, <is if thát, capital were part of the now existing
capital of the Promoters of the same class or description and the new shares
or slock were shares or stock in that capital.
Dividends on new Shares and Stock.
55. Every person who becomes entitled to new shares or stock shall in
respect of the same be a holder oi' shares or stock in the Belfast and County
Down Railway Comjiaiiy, and every holder 1 f new shares or stock created
under this Order (other than Baronial Guaratitecd Shares), shall, subject to
any express provision in the resolution of Pro ooters creating such new shares
or stock, be entitled to a dividend with the other holders of shares or stock
of the same class or description proportioned to the whole amount from time
to time called and paid on such new shares, or to tiie whole amount of such
stock, as the case may be.
Right to vote in respect of new Shares and Stock.
56. The Baronial Guaranteed Shares shall not confer on the holders thereof
any right to vote at anv meetings of the Promoters, but each holder of new
shares or stock in the capital by this Order authorised to be raised (other than
Baronial Guaranteed Shares), shall he entitled to the same number of votes
in respect thereof which the iiossession of an equal no ninal amount of the
existing capital of the Promoters would have conferred upon hi n, provided
always that, except as otherwise expre.sdy provided by the resolution creating
the same, no person shall be entitled to vote in respect of any such new shares
or stock to which a preferential dividend shall be assigned.
Powers to borrow Moneys on Mortgage.
b7. The Promoters (in addition to any powers of borrowing or raising money
on mortgage which they may now have) may from time to time after the
v hole of the capital of 40,000/. herelty authorised to be raised sliall have been
issutd and accepted, and one-half the amount thereof has been paid up, borrow-
on mortgage any sums not exceeding in the whole one-third of the capital
hereby authorised to be raised, but no part of the sum hereby authorised to be
borrowed shall be borrowed until the Pi-omoters have proven to the Justice
who is to certify under the 40th Section of the Companies Clauses Consolidation
Act, 1845, before lie so certifies that the whole of such capital of 40,000/.
hereby authorised to he raised has been issued, accepted, and one-half the
amount thereof has been paid up, and upon production to such Justice of the
Books of the Promoters and of such other evidence as he shall think sufficient,
he shall grant the certificate that the proof aforesaid has been given, which
certificate shall be sufficient evidence thereon.
For appointment of a Receiver.
58. The Mortgagees of the Promoters under this Act may enforce payment
of arrears of Interest or Principal or Principal and Interest due on their
Mortgages by the appointment of a Receiver of the tolls, income, and revenue
67. D 4 included
32
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
included in their Mortgages. In order to authorise the appointment of a
Receiver in respect of arrears of Principal the amount owing to the Mortgagees
by whom the application for a Receiver is made shall not be less than 3,000/.
Debenture Stock.
59. The Promoters may create and issue Debenture Stoek subject to the
provisions of Part 111. of the Companies Clauses Act, 1863, but notwithstanding
anything therein contained the Interest of all Debentuie Stock at any time
after the date on which this Order becomes binding, created and issued by the
Promoters shall rank pari passu with the Interest of all Mortgages at. any time
after the date of this Order becoming binding and shall liave priority over all
])rincipal moneys securred bv such Mortgages.
Application of Moneys.
60. All moneys raised under this Ordir, whether by shares, debenture stock
or borrowing, sball be applied for the purposes of the Railway and the
ui.dertaking hereby authorised and of this Order only.
Bo) rowing Powers not to äfftet Baronies.
61. Any money which may be borrowed by the said Company, pursuant to
the borrowing clauses contained in this Order or under any other power or
authi rity or interest on any money so borrowed, shall not be charged upon or
payable by any of the guaranteeing Baronies mentioned in said Presentment,
nor shall the same be charged ujion the Railway or the rolling stock thereof,
nor shall the interest on any money so borrowed be payable out of grosser
nett earnings ol the Railway, if such payment would have tiie effect of increasing
in any halt-year the sum of money which the said portions of sucii guaranteeing
Baronies would have to coi tribute in any half-year to the payment of the
ex))enses of working and management of the said Railway or of guaranteed
divii end on the paid-up capital of the Railway ; nor shall the interest on any
money so borrowed be payable out of surplus receipts Iroin the Railway payable
to the Treasuiy of the said County of Down, as provided by Section 5 of the
Tramways and Public Companies (Ireland) Act, 1883.
Coj>y of Map, Plan, and Book of Reference to be lodged with Board of Trade.
62. M ithin one calendar month from the date of this Order the Promoters
shall lodge with the Board of Trade one copy of the Map and Plans describing
the Railway, together with one copy of the Book of Reference.
Application of Post Office [Parcels) Act, 1882.
63. The Post Office (Parcels) Act, 1882, shall apply to the said Railway,
and for the purposes of that Act, the Light Railway shall be deemed to be a
Railway, and the Promoters a Railway Company,
Provision for Protection of the Postmaster General in the event of the Railway
being worked by Electricity.
64. In the event of the Railway being worked by electricity, the following
jmovisioiis shall have effect:—
( 1.) The Promoters shall construct their electric lines and other works
of all descriptions and shall work their undertaking in all respects with
due regard to the telegraphic lines from time to time used or intended
to be used by Her Majesty's l^ostmaster-General, and the currents in such
telegraphic lines, and shall use every reasonable means in the construction
of the electric lines and other works of all descriptions, and the working
of their undertaking, to prevent injurious affection, whether by induction or
otheiwise, to such telegraphic lines, or the currents therein. If any question
arises as to whether the Promoters have constructed their electric lines or
other works, or work their undertaking in contravention of this sub¬
section, such quest on shall be determined by arbitration, and thePiomoters
shall be bound to make any alterations in or additions to their system
which may be directed by the arbitrator.
(2.)—a. Before
.MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889 " 33
(2.) — (a) Before a; y elect) ic line is laid down, or any act or woik for
working the Railway by electricity is d' ne, within ten yards of any part
oí a telegraphic line of the Postmaster General (other than repairs, or the
laying of lines cros;-i)ig the line of ti.e Postmaster Geneivd at right angles
at the point of shortest (iistance, ami so continuing for a distance of six
feet on each side of such point), the Promoteis, or their agents, not more
than twent)-eight nor less than fourteen days before commencing the
woik, shall gicij written notice to the Postmaster General specifying the
course of the line and the nature of the woik, including the gauge of any
wire, and the Promoters and their aüints shall conform with such reason¬
able i'( (juit eim nts (cither general or special) as may from time to time be
made by ti:e Postmaster General for the p.-rpuse of preventing any lele-
gra|)hic line of the Po-tmaster General from being injuriously aH'ected by
the said act or work.
{b) Any difference which arises between dm Po-tinaster General and
the Promoters or their agents with respect to anv recjuirements so made
shall he de:ermined by arbitration.
(3.) In lite event of any contravention ol', or w ilful non-compliance with,
this seciinn by the Promot. r- i- their agents, the Promoters shall be liable
to a fine not exceeding ten pounds for every day (luring which such con¬
travention or non-( omt¡liance continues : or if the telegraphic communica¬
tion is wilfully interrupted, not exceeding fifty pounds for every day on
which such interruption continues.
(4.) Provided that nothing in this section shall subject the Promoters
or their agents to a fine under this section, if they satisfy tlie couit
having cognisance of the case that the immediate doing of the act or
execution of the work was required to avoid an accident, or otherwise was
a work of emergency, and that they forthwith served on the postmaster
or sub-postmaster of fhe postal telegraph office nearest to the, place
where the act or work was done a notice of the execution thereof, stating
the reason for doing or executing ti:e same without previous notice.
(5.) For the purposes of tin.- section a ttlegraphic line of the Postmaster
General shall be deemed to be injuriously affected by an act or work if
telegraphic communication by means of such line is, whether through
induction or otherwise, in any manner affected by such act or work, or by
any use made of such work.
(6.) For the purposes of this section, and subject as therein provided.
Sections 2, 8, 9, 10, 11, and 12 of the Telegrajih Act, 18/8, 41 A 42
Vict. c. 76, shall be deemed to be ineorpoiated with this Act, as if
the Promoters were undertakers within the meaning ol those sections,
without prejudice nevertheless to any operation which the other sec¬
tions of the said --^ct would have had if this section had not been
enacted; and, in particuhir, nothing in this section shall be deemed to
exclude the provisions of Section 7 oí tlie Telegraph .Act, 1878, in relation
to the matters meniioned in that section.
(7.) The ex])ression " electric line " has thc^ same meaning in this section
as in the Electric Lighting Act, 1882,
(8.) Any question or difference arising under this section, which is
directed to be determined by arbitration, Gial! be determined by an
arbitrator appointed by the Board of Trade, on the application of either
part(-, whose decision shall be final, and Sections 30 to 32, both inclusive,
of the Regulation of Railways Act, 1868, 31 & 32 Vict. c. 1 19, shall apply
in like manner as if the Promoters or their agents were a company
within the meaning of that Act.
(9.) Nothing in this section contained shall he held to deprive the
Postmaster General of any exlsiing right to proceed against the Promoters
hv indictment, action, or otherwise, in relation to any of the matters
aforesaid.
67.
E
34 COPIES Ol ORDEKS IN COUNCIL, AND AGREELMENTS
TT7)/-Ai hefmv High-Water Mark not to be commenced loithoiit Consent of
Hoard of Trade.
6"). The Pro noters shall not co istruct on the shore of ilie sea, or of any
creek, bay, arm of the sea, or navigable river coinmnnicating therewith, where
and so far up the same as the tide flows and reflows, any work without the
previous consent of the Board of Trad ", to be sigaifled in wri in^ un 1er the
hand of one of the Secretaries or Assistant Secretaries of the Board of Trade,
and then only according to such p'an and under such restrictions and regu¬
lations as the Board of Trade miy approve of, such approval being signified as
last aforesaid ; and where any such work mav have been constructed the
Priunoters sh dl not a^ any time alter or extend the sime without obtaining,
previously to making any such alteration or extension, the like consents or
approvals, if ¡my ¿uch work bo commenced or completed contrary to the
provisions of this Order the Board of Trade may abate and remove the sa ne,
and restore the site thereof to its former condition at the co-t and charge of the
Promoters, and the amount of such costs and charges shall be a debt due from
the Promoters to the Crown, and shall be recoverable accordingly with costs.
Protection of N avio at ion.
66. Sections 13 to 19, both in du^ive, of the Railway Clau-es Act, 1863, shall
(so far a- the same are applicable) be incorporated with and form part of this
Order, and in construing these sections of the last-mentioned enactment the
words Railway and Work shall be taken to mean and include a Tramway as
defined by Section 25 of the Tr.imwavs and Public Companies (Ireland) Act,
1883, as modified by Section 5 o^'the Railways (Ireland) Act, 1890.
Saving Rights of the Croivn in the Foreshore.
6/. Nothing in this Order shall authorise the Promoters to take, use, or in
any manner interfere with any poriion of the shore or bed of the sea, or of any
river, channel, creek, bay, or estuary, or any right in respect thereof, belonging
to the Oueen's Most Excellent .Majesty in right of Her Crown, and under the
management of the Board of Trade, without the previous consent in writing of
the Board of Trade on behalf of Her Majesty (which consent the Board of
Trade may give), neither shall anything in th's Order contained extend to take
awav, prejudice, diminish, or alter any of the estates, rights, privileges, powers,
or authorities vested in or enjoyed or exercisable by the Queen's Most
Excellent Majesty.
Land reclaimed hg the Works not to be taken without the Consent of the
Board of Trade.
68. If in the course or by means of any of the works by this Order authorised
anv part of the bed of Ardglass Harbour belonging to Her Majesty shall be
inned, gained, or reclaimed from the water, the Promoters shall not have or
exercise any right upon the same or in respect thereof, and shall not enter
upon, take, use, or interfere with the land so inned, gained, or reclaimed for any
purpose w hatsoever without the consent in writing of the Boa?-d of Trade on
behalf of Her Majesty, but such inning, gaining, or reclamation shall enure
absolutely for the Queen's Maji sty, Her heirs and successors.
Saving Rights of the Crown under Crown Lands Act.
69. Nothing contained in this Order or to be done under the authority
thereof shall itr any manner affect tlie title to, or any rights, powers, or
autliorities mentioned in or reserved by Sections 21 and 22 of the Crown Lands
Act, 1866, and belonging to or exercisable by Her Majesty, Her heirs or
successors.
Incorporation of Acts.
70. "The Lands Clauses Consolidation Act, 1845," as amended by the Rail-
wavs Act (Ireland), 1851, and" The Lands Clauses Consolidation Acts Amend¬
ment Act, 1860" (in this Order referred to as " The Lands Clauses Acts"),
" The
MADK UNDER "THE LIGHT RAILWAYS HRELAXD) ACT, 1889." 3,5
"The Railways Clauses Consolidation Act, 1845;" The RaiU^ays (Ireland)
Act, 1851; The Railways Act (Ireland), 1860; Tin; Railways Act (Ireland),
1864; and the Acts respectively incoi poratetl with the Tram\^ ays (Ireland)
Acts, and any ann ndinent of any of such .Acts respectively, shall, subject to the
provisions of "The Tramways (Iieland) Acts," and "The Railways Traverse
Act," .-hall be incorporated with this Order, except where the same are
expressly varied liy this Order. The provisions of the said Acts, directing
deposits to be made with Clerks of the Peace (except the provisions relative
to access to the Special Act), and with Clerks of Poor Law Unions and Post¬
masters, and the provisions with respect to the crossing of roads and other
interferences therewith (other than the provi-ions of " 1 lie Railways ( lauses
Consolidation Act, 1845," sections 05, 66, 67), and the provisions with respect
to the use of locomotive engines or other moving power, not being animal
power, are hereby excepted out of the incorporation hereinbefore made.
Interpretation.
71. In this Order, unless there be something in the subject or context
repugnant to such construction, the several words, terms, and expressions to
which meanings are assigned by "The Tramways (Ireland) Acts," or the
Acts wholly in- partially incorporated herewith, have the same meanings
respectively; and in the construction of the said .Acts, in the purposes of this
Order, the expressions used therein shall have the meanings respectively
assigned to them by section 20 of " The Tramways (Ireland) Act, 18(30," as if
this were an Order confirmed by Act of Parliament.
The expression "the Railway" end " the undertaking" shall mean respec¬
tively the Railway and the Tramway and works, and the undertaking authorised
by this Order.
The term "The Tramways (Ireland) Acts" means " The Tramways (Ireland)
Act, 1860," " The Tramways (Ireland) Amendment Act, 1861," the .Act 34 & 35
Vict, c 114 ; the Act 39 & 40 Vict. c. 65 ; "The Tramways (Ireland) Amend¬
ment Act, 1881," and "'I'he Tramways and Public Companies (Ireland)
Act, 1883," and "The Light Railways Gi'^'^nd) Act, 1889," and "The
Railways (Ireland) Act, 1890."
Short Title.
72. This Order may be cited for all purposes as the Downpatrick, Killough,
and Ardglass Railway Order, 1890.
Given at. the Council Chamber, Dublin Castle, the 29th day of
November 1890.
.Ashbourne, C. ! ledges ^Ey re Chatterton. West Ridgewag.
FIRST SCHEDULE referred to in the loregoing Order, containing the
Presentment of the Grand Jury of the County of Down,
In the Matter of the
DOWNPATRICK, KILLOUGH, AiND .ARDGLASS LIGHT RAILWAY.
Down Su.mmer Assizes, 1890.
6 & 7 Will. 4 , c. 116 ; 23 & 24 \ ict. c. 152 ; 24 & 25 Vict. c. 102 ; 34 & 35
Vict. c. 1 14 ; 46 & 47 Vict. c. 43, s. 1 ; 52 & 53 \ ict. c. 66.
We, the Grand Jury of the County of Down, having heard the application of
the Belfvist and County Down Railway Company, the Promoters of the Light
Railway and Tramway mentioned in the First Schedule hereto, for our approval
of the said Light Railway and Tramway, and for a guarantee nijoii portion of
the share capital of the undertaking, and having had produced before us the
documents mentioned in the Second Schedule hereto, and having considered the
said proposal and what was urged in its behalf by counsel foi' the Promoters,
67. E 2 do
36 COPIES OF ORDEÜS IN COUNCIL, AND AGREEMENTS
do hereby approve of the said undertaking, and h<n*eby authorise the Promoters
to construct, maint'iin, and work the said Lig-ht Railway and Tra nway, subject
to such modifications (if any) as shall be required or approved of by the Lord
Lieutenant in Council ; and we, the Gra-ul Jury of th" said county, asseinbled
as aforesaid, hereby approve of the draft endorsed with the signature of the
foreman of this Ciraiul Jury of the pioposed Order in Council, and sanction
same, subject to any alterations or amend nents wliich may l)e made by the
Lord Lieutenant in Couni il. And we, the Grand Jury of the said county,
assembled as aforesaid, do herebv present as folio vs, viz. ;—Tiiaf the several
baronies in the county of Down sliali be charged and charoeahlc with the
payment of half-yearly ilividcnds at the rate of .3 per cent, per annum in
jicrpetuity upon such porti m of the share capital of th ■ said undertaking, not to
exceed in the whole the ^um of 17,000 /.,as shall for the time being be paid-up
capital as defined by the Tramwavs and Public Companies íIreland) Act, 1883,
and hereinaiter relerred to as the g laranteed capital, and that if and when at
any time after the oi)ening of the said Light Railway and Tramway the
net I Ci eipts therefr an shall not amount, to a su n equal to a dividend at the rate
aforesaid on the guararded capital, then the sum required to make up and pay
such dividend shall be jjaid by the said several baronies, the said baronies not
to be entitled in respect of any sura so paid bv them to make up and pay such
dividend to any contribution or payment from the Treasury or the Board of
Works under Section 9 of the Tramway and Public Companies (Ireland) Act,
1883. Provided always that the net receipts of tlie Light Railway and
Tramway shall be applied to the payment of the said dividend in priority to
any other purpose whatsoever, and that no liability under this guarantee shall
attach to the said bar^mies in any half-year in which the said Light Railway
and Tramway s'lall have earned net receipts amounting to a dividend at the
rate of 3 per cent, jier annum upon the said guarauteed capitd, and also
that the said baronirs shall become chargeable under the circumstances
specified in the Tramw.iys and Public Companies (Irelatid) Act, 1883, for the
completing, working, and maintaining of the Light Railway a id Tramway, but
upon con lition that the Belfast and County Down Railway Company shall
constimct and complete, and for ever work and maintain at their own expense,
the Light Railway and i'ramvvay, and ind'onnifv the said baronies from all
costs and expenses occasioneel iherel)y an ! all liability thereunder ; provided
also that the said baronies shall be represented in the direction of the affairs
and finance of the Company, so far as relates to the said Light Railway
and Tramway, in re.-^pect of which such b.ironies are proposed to lie charged
in manner following:—" Tlie cesspayers and justices assembled at any
Presentment Sessions of one of the said baronies to be from time to
time designated by the Grand Jury of th ■ County of Down may from
time to time, and so often as shall be necessary, appoint one auditor,
with power to inspect the books and accounts of the Promoters, so far as they
relate to the said undertaking, at reasonable times ; and such Presentment
Se.ssions may from time to time, by like resolutions, fill any vacancy in the
office of such auditor, and ixmove such auditoi', and appoint any other person
in his room. '1 hat the said several baronies shall be liable to contribute to the
payment in manner aforesaid, of the said dividend rateably, according to the
respective valuations nf the said baionies. Until the Grand Jury shall other¬
wise designate such auditor shall be appointed by the said baronies in the
following order, and .-hall hold office for one year from the date of his appoint¬
ment, viz , Upper Locale, Lower Lecale, Ujtper Ards ami Lower Ards, Upper
Castlereagh, Lower Castlereagh, Duffeiin, Upper Iveagh, Lower Iveagh, Kiiie-
larty, Newry, and Mourne; jirovided also, that this presentment is maile subject
to the following conditions; —
1. The said guaranteed capital shall be issued either as stock or shares
in sums of not less than 10 pounds.
2. That before the confirmation of this presentment by the Lord
Lieutenant in Council an agreement shall have b en entered into by the
Commissioners oí Her Majesty's Treasuiy with the promoters, whereby it
shall be agreed that the said undertaking be aided out of public money by
a free grant of a capital sum of 30,000 1., or to be raised by a perpetual
annual
MADE UNDER •' THE LIGHT RAILWAYS ( I RELAND) ACT, 1889." 37
annual payment of tliree per cení, thereon, or partly by the one and partly
by the other, and in default of this condiiion being fulfilled this present¬
ment shall be null and void.
3. That before the con^nnition of this presentninit bv the Lord
Lieutenant in (^onncii the Belfast and ("ounty Do« n Railway Co up my
shall enter into a binding agree nent with the Commissioners of Her
Majesty's Ireasuiy that (notwithstanding that the receipts from the under¬
taking are insuilicient to defray the etp uses of constructing an I completing
and managing an l of efficientij' maintaining and working the undartaking)
the Belfast and County Down Railway Company will at ;dl times out of
their general revenue and profits, in so far as the earning-, of the Light
Railway and 1 ramw.iy are insufficient for that purpose, efiicientlv maintain
and work and keep in good condition and repair the said Light Railwa)'
and Tramway, and will at all times keep indemnified the sdd gmranteeing
baronies from any expen-^e or habilite in connection therewith.
Presented.
R. P. .M.\xwell, 'IVea-urer.
18 July 1890.
FIRST SCHEDULE referred to in the foregoitu Presentment.
Dencription of the Liyht Railwat/ above referred to.
1. A railway commencing in the townland of Demesne of Down and parish of
Down, by a junction with the Newcastle Branch of the Belfast and County Down
Railway, at a point about 477 yards, measured in a southerls* direction along
th ' said branch of railways from the Downp.itrick distant signal post, and
terminating in the townland of vVrdglass, parisli of Ardglass, at a point close to
the nor;h-east corner of the .Ardglass Natioïinl School, which intended r.iilway
will be made or pass fi'om, in, through, or into th ; townlands of Denesn ; of
Down, Ringreagh, Ballvdugan, Quartercormicik, Ballyva ige, and Marshallstown,
all in the |)arish of Down; Erenngh, Ballvmoe. Lega nad ly, Coniamstown.
Whigarn'town, Bright, Carrow Iressex, Gra igewalls, Ballygilbert, B dlyviggis,
Strand, and Island Henry, all in the prrish of Bright; Killough, in the prrish
of Rathinulhm, or extra parochial thn- to; Kild ires Crew, Tullycarnan, in 1
Ardglass, ;dl in the parish of Ardglass, or extra parochial t'lereto, the wliole
being situate in tlu county of Down
2. A tramway com irencing at the termination of the said railway and teinni-
nating at a point close to the north-east en 1 of Ardghiss Hirbonr Pier, all in the
townland of Ardglass and parish of Ardgl iss, or extra parotdiial thereto, the
whole being situate in the countv of Down, which tramway will be laid along
or near the Downpatrick-iaiad, Bath-street, and Quay-street, and along tlie
harbour to the p er. The railway is to cr.iss the five public roads described
herein by level crossings, namely, as follows, viz.
No. I. Level crosfing at about one mile on old road from Dovvnpitrick
to Dundrum.
No 2. Level crossing at about one mde lour furlongs on the Marshalls-
town-road.
No 3. , evel crossing at about one mile seven furlongs on the Castle-
screeu-road.
No. 4. Level crossing at about four miles two furlongs on the Bright
Church-road.
No. 5. Level crossing at. about six miles on the road from Killough to
Ardglass.
67.
38 COPIES OF ORDERS IN COENCIL, AND AGREEMENTS
SECOND SCHEDi EE referier! to in tlie foregoing Presentment.
1. 1 he Co|.y of the al!verti^ement published by the said Promoters.
2. The published Map to a scale ot nor less than a quarter of an inch to a
mile, with the line of the proptjsed Light Railway delini', ted tliereon, so as to
show its general couive and direction.
3. A Plan, Pook of Reference and section, prepared according to the regula¬
tions contained in Schedule A. fothe Tramwa)rs (Ireland) Act, I860, which was
duly deposited with the Secretary of the Grand Jury before the date duly pre¬
scribed in that behalf.
4. A Memorial of the Promoters, signed by them, addressed to the Lord
Lieutenant in (_ ouneil, praying for an Order in Council authorising the. making
of the said l ight Railway, with a draft of the Order thereby proposed,
scheduled to the said .Memorial.
5. -An estimate of the expense of the undertaking, signed by George P.
Gulverwell, the person who made the same.
6. List of owners and others to whom tl e Promoters have given the Notice
required by the third section of the Tramways (Ireland) Act, 1860, prepared
according to the regulations contained in Schedide A. to the said Act, Part IV.
And / . The Report of the Board of M'orks on the said undertaking, and the
Re| ort of the Purveyor of the county of Down.
R. P. .Maxwell, Foreu an.
18 July 1800.
I certify the foregoing to be a true copy.
Robert McIlwaine,
Dep. Sec. Grand Jury, Co. Down.
SECOND SCHEDELE referred to in the foregoing Order.
1. .\ Railway commencing in the Townland of Demesne of Down and Parish
of Down, by a junction with the Newcastle Branch of the Belfast and County
Down Railway, at a point about 477 yards, measured in a southerly direction
along the said branch of Railway from the Dowripatrick distant signal post, and
terminating in the Townland ot .Ardglass, Parish of Aidglass, at a point close
to the north-east corner of the Ardglass National School, which intended
Railway will be made or pass from, in, through, or into the Townlands of
Demesne of Down, Kingreagh, Ballydugan, Quarterconnick, Ballyvange,
and Marshallstown, all in the Parish of Down ; Erenagh, Ballynoe, Legamaddy,
Conianistown, AVhigamstown, Bright, Carrowdrcssex, Grangewalls, Bailygilbert,
Ballyviggis, Strand, and Island Henry, all in the Parish of Bright; Killough,
in the Parish of Rathmullan, or extra |)arochial thereto; Kildarts Crew, Tully-
carnan, and Ardglass, all in the Parish of Ardglass, or extra parochial thereto,
the whole being situate in the County of Down.
2. A Tramway commencing at the termination of the said Railway, and
terminating at a point close to the north-east end of Ardgla.'is Harbour Pier, all
in the Townland of Ardglass, and Parish of Ardglass, or extra parochial thereto,
the whole being situate in the County of Down, which Tramway will be laid
along or near the Dow npatrick-road, Bath-strcet, and Quay-street, and along
the Harbour to the Pier. The Railway is to cre ss the five public roads described
herein by level crossings, namely, as follows, viz. :—
No. 1. Level crossing at about one mile on old road from Downpatrick
to Dundrum.
No. 2. Level crossing at about one mile four furlongs on the Alarshalls-
town road.
No. 3. Level
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889.' .íq
No. 3. Level erossing at about one mile seven furlongs on the Castle-
screen road.
No. 4. Level crossing at about four miles two fnrloius on the Bright
Church-road.
No. 5. Level crossi'rgs at about six miles on the road from KiHough to
Ardglass.
THIRD SCHEDULE to the foregoing Order.
Agreement made the 15th dav of September 1890 between Sir Herbert
Eustace Maxwell, m.e., and the Honourable Sidney Herbert, m.p., two of the
Lords Comiidssiouers of Her Majesty's Treasury, hereinafter called tlie Treasure
(whicli expression sliall include the survivor of them and the Executors,
Administrators, and Assigns of such survivor where the context so recpiires or
admits) of the first part, Lieutenant-General Richard llieram Sankey, r.e., c.b.,
^\ illiam Richard Le Fanu, Esquire, and Samuel Ussher Roherts, Esquire, c.b.,
the Commissioners of Public W^orks in Ireland Thereinafter called the Board of
^Vorks, which expression shall include the survivors or survivor of them, and
the Executors, Administrators, and Assigns of such survivor, where the context
so requires or admits) of the second part, and the Belfa-t and County Down
Railway Company incorporated by the 9 & 10 Vict, c 8/ (Local and
Personal) (hereinafter calh'd the Company, which expression shall include their
Successors and Assigns where the context so requires or admits), having their
principal ofhce at Queen's Quay, Belfast, in the Coiintv of D,)wn, of the third
part.
W hereas tlie Company, being an Irish Hailwav Companv haHng a railway
open for traffic, are promoters of the Light Railway and Tramway undertaking,
known as the Downpatrick, Killough, and Ardglass Light Railway, the particulars
whereof are specified i i the Fii'st Schedule to the Grand Jury Presentm nt here¬
inafter recited, and which is iiereinafter referi'ed to sometimes as the under¬
taking and sometimes as the Light Railway :
And whereas the Company under the provisions of the Tramways (Ireland)
Acts and the rramv\ay and Public Companies (Ireland) .Act, 1883, applied to
the Grand Jurv of the County of Down, assembled at the Summer Assizes,
1890, lor their approval of the Light Railway and a guarantee on portion of the
share capital of the undertaking :
And whertas tiie said Grand Jury, in exercise of the statutory powers enabling
them by Presentment (hereinafter called the Presentment) approved of the
undertaking, and authorised the Company to construct, maintain and work the
Light Railway, subject to sucli modification (if any) as should be required or
approved of by the Lord Lieutenant in Council, and further prese ited that the
several Baronies in the County of Down, hereinafter called the Guaranteeing
Bai onies, should be charged and chargeable with the nayment of half-yearly
dividends at the rate of Three Pounds per cent, per annum, in perpetuity, upon
such portion of the share capital of the undertaking, herein after called the
guaiauteed capital, not to exceed in the whole the sum of 17,000/. as should
for tlie time being be jraid-up capital as defined by the Tramways and Public
Companies (Ireland) Act, 1883, in the manner in the Presentment mentioned;
and the Presentment also provided that the guaranteeing Baronies should become
chargeable under the circumstances specified in the Tramways and Public Com¬
panies (Ireland) Act, 1883, for the completing, working and maintaining of the
Light Railway :
And whereas the Presentment was made subject (mtcr alia) to the following
conditions, that is to say, that before the confirmation of the Presentment by
the Lord Lieutenant in Council an Agreement should have been entered into by
the Commissioners of Her Majesty's Treasury with the Company, whereby it
should have been agreed that the undertaking be aided out of public money by
a free grant of a capital sum of 30,000 l. or to be raised by a perpetual annual
payment of Three Pounds per cent, thereon, or partly by one and partly by the
other, and in default of this condition being fulfilled the Presentment sh mid be
67. E 4 null
40 COPIES OF üRDI'.RS IN COUNCIL, AN!) AGREEMENTS
null and void. And that before the confirmation of the Presentment by the
Lord Lieutenant in Coum il, the Company should enter into a binding Agieement
with the Commissioners of Her Majesty's Treasury that, notwithstanding the
receipts fn m the nndertuking might be insufficient to di fray the expenses of
constructing and eompleiing and managing md of efficiently maintaining and
w01 king the undertaking, tiie Company would at all times out of their general
revenue and [.rofits, in so far as the earnings of the Light Railway might be
insufficient lor that purpose, efficiently maintain and work and keep in good
condition and repair the i.iglit Railway, anci should at all times keep in¬
demnified the guaranteeing Baronies from any expense or liabiiits in connection
there\\ith:
And whereas in pmsuance of llie provisions of the Light Railvva3S (Ireland)
Act, 1889, hereinafter called the Act of 1889, the Lord Lieutenant by Order in
Ci.uneil has declared that it is desirable a Light Railway should be constructed
Letveen (amongst other places! Do»npatriek and Ardgiass, for the de\ elopment
of Fisheries and other industries, but that owing to the circumstances of the
cistiict, H| ecial assistance from l!ie State is rerpiired for its construction, and
declared tb.at the provi-ions of the Act of 1889 should apply to suc h Light
Railv ay :
And v\hereas the Rtport of the Board of Works made upon the inquiry
directed by the 9ih Sectic n of the Tramways ( Ireland) Act, 1860, as altered by^
the 7th Stcticn of the Aci of 1889, approve d of the undertaking as set forth
and presented for in the Presentment, ami the Treasury, in | ursuance of the
Act of 1889, have sanctioned and have agreed to aid the undei taking either
with a free grant of a capital sum not exceeding 30,000/. or by an annual
payment of 900 /., equivalent to three per cent on 30,000/., redeemable by^ a
¡aynnnt by the Ireasnry to the Company of 30,000 /., and subject in either
case to the ebseivance by the Company of the terms and cimditions as to the
construction, maintenance, execution and working of the undertaking, and as
to the other mattd-s relating to the undertaking hereinafter appealing:
IS'ow these pre.-ents w.tness tiiat in exercise of the statutory powers in the
i\ct of 1889, and every other power enabling them in that behalf, it is hereby
agrei d and dc cla. ed between and by the Treasury and the Company, and as a
separate agreement it is hereby agreed and declared between and by the Board
of Woiks and the Company as follows, that is to say:—
1.— Sanction of the Undertaking.
The Tre.isury hereby sanction the undertaking approved by the Hoard of
Works, and the Company shall construct and complete the same, including the
permanmt w ay and all stations, works and conveniences in connection there-
wiih, within the time limited by the i.rder of the Lord Lieutenant in Council,
and in accordanee with the working plans, sections, specifications and designs
hen il I af er rneniioned.
IE—Order in Council. Share Capital.
The Company shall tbrthwiih obtain an order of tiie Lord Lieulenant in
Council, hereinafter called the Order, confirming this Agreement, and shall issue
their .'■hare capital (including the 17,000/. guaranteed capital hereinbefore
mentioned) either as Stock or Shares in sums not less than 10 /., and shall
prove to the satisfaction of the Board of Woiks that 10,000/. at least of such
share c apital has been subscribed for, fully paid up, and expended as hereinafter
provided, before they can call on the Treasury to make any advance on account
of the free grant or annual payment hereby agreed to be given.
111.—Application of Capital and Advances.
Upon obtaining tl e order, the Company shall proceed to apply their share
capital ai d the moneys to be provided by Parliament, hereinafter called the
PajTi n entaiy Giant, to and for the purj oses, in the manner and proportions,
■ nd subject to the ajiproval and conditions hereinafter mentioned, that is to
.say : —
[a.) In the first place the Companyshall expend 10,000/. at least of
their share capital in defra}ing the costs and expenses properly and neces¬
sarily
MADE UNDER •'« THE LIGHT RAILWAYS (IRELAND) ACT, !889. ' 41
sarily incurred by them in this matter, and in the execution of the works
as hereinafter defined, and purchase of the laud necessary for the con¬
struction of the Li^ht Railway, which are heicinaftcr referred to :is the
purposes of the undertaking.
(/j.) Upon the expenditure of the said sum of 10,000 I. beino' duly
vouched to the satisfaction of the Board of Works and certified for by the
Engineer to be apirointed by the Board of Works with the sanction of the
Treasury, the Treasury will advance to the Company such sum^ not
exceeding 15,000portion of the Parliamentarv Grant, as the Engineer,
to be appointed as aforesaid, shall, from time to time, certify has been
expended for the purposes of the undertaking, over and above the 10,000/.
of the share capital of the Company.
(r.) After or concurrently with the expenditure of the said sum of
15,000 /., tlie Company shall" expend a further sum of 11,000/. at least
of their share capital on the purposes of the undertaking.
(</.) Upon the expenditure of the said sum of 15,000/., and further sum
of 11,000 /., being duly vnuched and certified for as aforesaid, the Treasury
will advance to the Com¡)any the further sum of 15,000/., or such other
sum as may remain (d tlie Parliamentarv Grant, in such sums and at such
times as the Engineer appointed as aforesaid shall certify for.
IV.
1. The Company shall, within three calendar months at least prior to the
last advance, out of the last-mentioned sum, being made to them, complete and
finish the undertaking to the satisfaction of the Board of Works and open the
same for traffic.
2. The expenditure of all moueys, whether share ca])ital or advances for the
purposes of the undertaking, shall be subject to the following conditions ;—
(m) The money shall be applied for the purposes of the undertaking in
a manner approved by the Board of Works.
(¿.) The expenditure of all money shall be vouched to the satisfaction of
the Board of Works, and all moneys ad\ anced out of the Parliamentary
Grant and applied for the ))urposes of the undertaking, shall be so vouched
within 28 days alter tbey shall have been made.
(c.) The Treasury shall not be bound to make any advances on foot of
the Parliamentary Grant, unless all moneys agreed to be expended for the
purposes of tbe undertaking pursuant to this Agreement, shall have been
ex))ended with such approval and the expenditure thereof vouched and
certified for as hereiubefoi'e mentioned, nor unless the works to which
thev shall have been ap})lied shall have been executed to the satisfaction
of the Board of Works, nor unless the Engineer to be appointed as afore¬
said shall have given a certificate in waiting that tiie sums agreed to be
expended upon the works have been so ex|)ended.
(c/. ) The appointment of a Land Valuer shall be subject to the approval
of the Board of Works.
Clause V., Part I.— Complctian of Vitdi>rtakin<j and Application
of Capital.
In case the Treasury shall so desire, and shall signil'v such desire in writing
to the Company, the provisions as regards the Parliamentary Grant and the
application of the Company's capital hereinbefore contained, shall cease to be
applicable to the aid hereby agreed to be afforded to the Company, and the
last preceiliug clause of this iVgreement shall thereupon be deemed to be
cancelled, and in substitution therefor the following provisions shall apply
(0.) Upon obtaining the order, the Company shall within the time
limited thereby, complete and finish the undertaking to the satisfaction of
the Board of Works, and in accordance with the deposited Plans and
Sections as modified by the Working Plans and Specifications, and subject
67. F ^ to
42 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
t > the furîlior modification'* hereinafter mentioned, and will open the
undertaking for Public Traffic.
(A.) The Com])any shall, before applying for any portion of the annual
payment hereinafter mentioned, e.\pciid 10,000 /. at least of t'leir share
capital in defraying tlie co~ts and expenses pro[)erly and necessarily incurred
by them in this matter, and in the execution of the works as liereinafter
defined, and puuihasc of th ■ land necessary for the co istru'tion of the
Light Railway, which are hereinafter referred to as th ■ purposes of the
undertaking.
2. The expi'iiditui'e of all moneybv the C )mp'mv for the purposes of the
undertaking shall be subject to the following conditions —
(«.) The money shall be aj)plied for the purposes of the undertaking in a
manner approved of by the Roaid of Works.
{h.) The expenditure of all inone\ sli.dl be vouclied to the satisfaction ot
the Roan! of Works.
(r. ) The appointment of a I .and Valm r shall be subject to the appi oval
of the Roard of "Works.
Cl.vusk v., P.\rt 11.—Pdijmcni and Redtm¡)t.iun of Annultij.
1. Upon the expenditure of the said sum of 10,000 t. by the Company, for
the pui'jjoses of the \mdortaking, being duly vouched to the satisfaction of the
Roard of Works, and certilied for by the Engineer to be appointed by the
Roard of WOrks with the sanction of the d'reasuiy, the Treasury will pay to the
Company, or their .Vttoruey biwfullv authorized, an annual sum equivalent to
0 I. per cent, on the amount of money from time to time due by the Company
to the Noithern Ranking Company, Limited, on foot of advances agreed to be
made by the said Ranking Company to i lie Company on tiie secuidty of the said
annual sum, wliicli advances ar • hereinafter referred to as the Ranker»' advances,
and after all the moneys hcrehv agreed to lie expended on the undertaking-
shall have been so expended and certified as hereinafter mentioned, will pay-
to the Company, or their Attorney authorized as aforesaid, the annual sum of
900 /. in perpetuity as hereinafter specified. The jiayment of the said annual sum
to be subject to the following conditions ; —
Ist. The Rankers' advances shall have been previously expended for the
juirposes of the undertaking, and such expenditure certified for by the
Roard of Works.
2-nd. The Rankers' advances sh ill he in amounts of 5,000/. at least
and the said 3 l. per cent, shall be payable in res])ect of each advance from
the date of payment thereof hy the Rank to the Company.
3rd. The said 3 /. per cent, or annual sum to be payable on the 5th of
April and 5th of October in every year.
4th. In the intervals between each of the said Rankers' advance-, the
Com])any shall expend 2,000 /. a* least of the other moneys provided for
the undertaking, except jireviou» to the last advance, when the Corairany
sliall be bound to expend 1,000 /. only, all such interim expenditure to be
certified as aforesaid.
2. In ease the Treasury shall on or at any time after the 5th of April 1892-
be desiious of redeeming the said annuity, and sliall give to the Company on
the 5tli of April 1892, or any succeeding 5th of April, twelve calendar months'
notice in wilting of such desire, then and in such case the Company will upon
the expiration of the said twelve months on receiving from the Treasury full
payment of the said annual sum, and all arrears thereon, up to and including
the day ol redemption, and on receiving from the Treasury payment of the
principal sum of 30,000 /, in full disciiarge and satisfaction of the said annual
sum of 900 /., release the Treasury from all further payment of tire same and
every part thereof, and the payment of the said annual sum shall thereupon
cease and deteiminc.
MADE UNDER "THE LIGHT RAILWAYS (IRELANM)) ACT, 1889 " 43
VI.— Working Plans and Spécifications.
The working pLms, sections -md specifications for the line of railway and
bridges, liie design and S[jecific;jtion for all station buildings, and any material
modifications of the works l.ereinafter mentioned, which line of railway, bridges,
and station buildings are herein referred to as the works, shall from time to
time, when preparer! by the Company's Engineer, be lodged with and sub¬
mitted to the Board of Works for their approval.
VII.— Mawlenance.
So soon as the Light Railway shall have been completed and opened for
traffic, the Company hcrebx covenants with the Tia asury to work and manage
the same in an efficient and substantial manner, and also to maintain the same
(such maintenance to inolufle the construction of such additional sidinys and
other works and convenir m es (if any) as may from time to time be required
for the public a( comn odation if the same shall become necessary bv reason of
inereaseil traffic) in good order, repair, and condition, and open for public traffic
for ever.
VIII.— Traffic Prori.sions.
The Company hereby covenants with the Treasurv that so soon as the under¬
taking is opened for traffic they, the Company, will for ever thereafter run at
least two passenger trains each way, and at least one goods train (if mixed
trains are not allowed by the Board of Trade) on week days, and at least one
passenger train eaoh way on Sundays, between Ardglass and Downpatiick, and
in connection with the trains on their own present line.
IX.—Receipts of Undertaking.
1. The Company shall from time to time fuinish to the Arbitrators, appointed
under tlie provisions of the Tramways and Public Companies (Ireland) Act,
1883, proper accounts of the receipts of the undertaking from all descriptions
of traffic, and the actual cost of working and maintaining the undertaking, and
the engines, carriages, and rolling stock connected therewith.
2. In case the gross receipts of the Light Railway shall be insufficient to pay
such actual cost, or in case the receipts of the undertaking are insufficient to
defray the expenses of constructing, completing, and managing, and of efficiently
maintaining and working the undertaking, in the manner covenanted for in
Clause 7 hereof, then, and in every such case the Company will, out of their
general revenue and profits, in so far as the earnings of the Light Railway are
insufficient for the purposes aforesaid, or any of them, efficiently maintain,
work, and keep in good condition and i-epair the said Light Railway, and will
at all times keep indemnified the Guaranteeing Baronies from any expense or
liability in connection therewith.
3. If the gross receipts of the Light Railway are more than sufficient
to defray the cost of the matters aforesaid, the surplus shad be applied as
follows :—
{a.) In payment of the dividend at the guaranteed rate upon the
guaranteed capital of the Company fully paid up.
[ h.) In paying any nioney which in any previous half year shall have
been contributed by the Guaranteeing Baronies in pursuance of their
guarantee or otherwise, in pursuance of the provisions of the 1 ramways
(Ireland) Acts.
(r.) The surplus (if an\ ) shall belong to the Company.
X.— Indemnitg.— Treasury and Board of Works.
Nothing herein contained shall charge, affect, or incumber the real or per¬
sonal estate of the parties hereto of the first and second parts, they having
executed these presents only in their respective capacities of Lords Cominis-
67. F 2 sioners
44 COPIES OF ORDERS IX COUNCIL. AND AGREEMENTS
sioners of Her Majesty's Treasury and Commissioners of Public Works in
Ireland, and having ao personal interest tlierein.
W. — Construction of Agreement.
The Treanrv sliall 1)e sole judges of the construction of this Agreement, and
of all matters and tldngs therein leferred to, save as regaids the working plans,
specifications, and designs, or the works to be executed under this Agreement,
in wliicli case, should the respective engineers disagree, the matter in dispute
shall be settled by an appeal to the Hoard of Trade on the application of either
party, and the decision of the Boai'd of Trade thereon shall he final.
In witness whereof the parties aforesaid, of the first and second parts, have
set their hands and affixed their seals, and the Company has hereunto affixed
its corporate seal, the day tind year first herein written.
Signed, sealed, and delivered by Sir
Herbert Maxwell, one of the Lords Coin-
niissloners of Her Majesty's Trei/sury, in
the ¡)resence of
It Ke.nton, m.b.,
Crichton Royal Institute, Dum¬
fries.
Signed, sealed, and delivered by The
Honourable Sidney Herbert, ii.r., one of
the Lords Commissioners of Her Majesty's
Treasury, in the presence of
IM. Ht on Su VW' Stewart,
M.P. for East Renfrewshire.
Signed, scaled, and delivered by Richard
Hierain Sankey, William tiichard Le
Fanu. and Samuel Ussher Roberts, the
Commissioners of Public Works in Ireland,
in the ])resence of
Wm. Rus.sell Kelly,
Solicitor.
Herbert Eustace Maxwell. (SVa/. )
SinxEY Herbert.
Rd. H. Sankey.
W. R. Le Fanu.
S. U. Roberts.
Richaru W. Kelly.
Joseph Richardson.
( Seal.)
( Seal.)
( Seal.)
(Seal.)
By Order,
J. Milliken,
Secretary
The Corporate Seal of the Belfast and
County Down Railway Company was
affixed, in the j)resence of
T. Digby Johns,
Solicitor, Belfast.
GALWAY TO CLIFDEN RAILWAY ORDER, 1890.
By the Lord Lieutenant and Privy Council in Ireland.
Zetland.
Whereas the Lords Justices General and General Governors of Ireland, by
an Order in Council made the 22nd day of August 1880, pursuant to the Pro¬
visions of the Light Railways (Ireland) Act, 1889, tieclared, that it is desirable
that a Light Railway shoukl be constructed between Galwav and Clifden, both
in the County of Galway, for the development of Fisheries and other industries,
but thiit owing to the circumstances of the district special assistance from the
State
MADE UNDER " THE LIGHT RAILWAYS (IRELAaD) ACT, 1889."' 45
State is required for its consti uction ; and further declared that tlie Provisions
of the said Act should be applicable to sucii Li^ht Railway :
And whereas at a special Assize or Meeting: of the Grand Juries of the
County ot Galway, and of the County of the Town of Galwav, res|>ectivelv,
held on the "iCth day of No\einl)tr 1890, the said Grand Juries acting in
execution of the ])()wei s vested in them by tlie Tratnwa\s ' Ireland) Acts as
hereinafter defined, respi ctively made the ¡ne-entmeuts which are set out in the
first and second ¡larts of the i' irst Sidiedule to this Order, and thereby lespec-
tively ajiprovtd of the construction of a Light Railwav or a Railway from the
town of Galway to the tovvn of (Oifden, to be worked b\' locomotive engines, or
otln r mechanical ])ower ; and the (ialway Town Impiovement Commissioners,
by a resolution dated the 2dtii day of November 1899, and passed b\ said Com¬
missioners under and in execution of the aforesaid powers, approved of the said
Light Railwa} or Railwax, to be worked as aforesaid, and which resolution is
set out in the third part of the said First Schedule :
And wl areas on the 27ih day ot November 1899, the Midland Great estera
Railway ol Ireland Conqiany being the Piomoiers of the said undertaking, pre¬
sented a Memoiial to the Lord Lii utenant in Conneil, |)raving for an Order to
authorize the constrmtion of the said IJght Railway or Railway mentioned in
such numorial, and to confirm the said presen nienls and resolution, and also
the Agieemeiit n adi between the Lords Commissioners of Ihr Maje-tv's
Treasuiy of the first ] ai t, the Commissioners of Public Works in lia land of liie
second part, and tlie Promoters ot the third ])art, under the Act aforesaid,^
whereby assistance from the State is agreed to be given ;is therein mentioned,
and which is set out in the second schedule to thi~ Order;
And whereas the Midland Great Western Railway ol Ii eland Company has
established, to tlie satisfaction of the Loid Lieutenant in Council, that a copy of
the proposed Order was submitted to the proprietors of the said Railway Com¬
pany at a meeting dulv convened and held speeiallv for that purpose, and
approved lu such meeting, as more particularly nuntioned in the 3rd Schedule
to this Older, and that all matters and things have been done and have hap¬
pened, and all times have elapsed which, if such Order were a Bill promoted in
Parliament, should have been done and hapjiened and elapsed, in order to con¬
stitute conipliance with the Standing Orders of Parliament, applicable to Bills
promoted by Railwav Companies for the like jairposes as tho-e referred to in the
5tb section of the Light Railways (Ireland) Act, 1889.
And it appears to the Lord Lieutenant in Council that it is exjiedient to
make the Order following ; —
Therefore, it is ordered by the Lor-d Lieutenant General and General
Goiernor cf Ireland by and with the advice of Her Majesty's Privy Council in
Ir'eland.
Promoters.
1. The Midland Great Western Railway of Ireland Company, a Company
duly incorporated in that behalf and having their Railway open for traffic, shall
be the Promoter's for the juiiposes of this Order, and the said Company and
their assigns ai'e in this Order referr'ed to as the " Promoter's."
Pozeer to Construct Line.
2. The Promoters mav construct, maintain, equip, and work by Icconiotive
er.gines or other mechanical power, subject to the provisions of this Order, and
of the xVcts incorporated herewith, save as hereinafter excepted, the Light Rail¬
way or Railway described in the F'ourth ¡Schedule to this Order in the directions
and levels, with powers of lateral deviation within the limits of de\iation speci¬
fied and described in the Plans deposited in respect of the application for thi.-.
Order with the Secr etary of the Grand Juries of the County of Galway and
County of the Town of Galway, and of the Galway Town Improvement Com-
mrssioneis, and of vertical deviation fr'om the levels shown on the Sections so
deposited, hereinafter called the deposited Plans and Sections, as provided by
the Acts incorporated herewith, but subject to such provision for the correction
of errors as is by this Order pi'ovided, with all proper rails, plates, sleepers,
sidings. Branch Railways, Junctions, passing places, turn-tables, tunnels,
6F 3 approaches,
40 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
approaches, bridges, yards, offices, engine houses, stables, carriage-houses, ware¬
houses, works, liouses, buildings, and conveniences connected therewith, and
(subject to the provisions of the said Acts) may by agreement or compulsion,
purchase, acquire, and hold all such lands, rights, easem nts and privileges, as
may be necessary for the purposes of the said Railway, and any engine-houses,
stables, carriage houses, warehouses, houses, and other buildings and works
requisite for the working of the said Railway.
Guyge and other Parlica/ars.
3. The gauge of the Railway sh.dl be five feet thr e iiubes, and it shall be
lawful lor the Promoters to construct, maintain, and work a Railway other than
a Light Railwav.
Compiilsori/ Purchase ot' Lands.
4. Prom and after the time when this Order becomes binding, the Promoters
shall he empowered to put in loree the provisions of the Land Clauses Co.nsoli-
dation Act, 1845 (including the Railway Act (Ireland). 1851 ), and the Acts
amending the same and incorporated therewith with res¡)ect to the purchase and
taking of Land otherwise, than by Agreement wnth reference to the lands and
premises delineated on and described in the deposited Plans and Book of Refer¬
ence, or as thev mav be corrected under the provisions hereinafter contained,
and within the powers of deviation, and it i-s hereby ordei'ed that Sections 42
and 43 of the Tramways (Ireland) Act, 1860, shall not appiv to or be Ijiuding
on the Promoters of the undertaking authorised and sanctioned by this Order.
The powers of compulsory purchase of lands and premises as conferred by this
Ori'er shall not be exercised after the expiration of three years from the time
when this Order becomes liinding.
2'me for Completion.
5. The Promoters shall complete and finish ready for use the said Railway,
and shall provide a proper quantits of rolling stock and equipment within two
yeais from the date of this Order becoming binding.
Confirmation of Presentments and Resolution.
6. The presentments of the Grand Juries of the county of Galway and the county
of the town of Galway, and the Resolution of the Galway Town Improvement
Connidssioners which aie set out in the First, Schedule to this Order, are hereby
confirmed.
Correction of Errors in Deposited Plans and Books of Reference.
7 If there be any omission, misstatement, or wrong description of any Lands,
or of the Owners, Lessees, or Occupiers of anv Lands shown on the deposited
Plans, or specified in the deposited Books of Reference, the Promoters after
giving ten days' notice to the Owners, Lessees, and Occupiers of the Lands in
question, may ajiply to two Ju-tices acdng for the county of Galway and cou ity
of the town of Galwrny respectively, fur the correction thereof; and, if it appears
to the Justices that the omission, misstatement, or wrong description arose fram
mistake, they shall certify the same accordingly, and they shall in their certifi¬
cate state the particulars of the omission, and in what re.-pect any such matter
is misstated or wrongly described ; and such ccrtific.ite shall be deposited with
the Clerk of the Peace for the same County, and a duplicate thereof shall also
be deposited as regards the several Parishes in which the Lands affected thereby
are situate, with the Clerks of Unions within which such Parishes are included ;
and such certificate and duplicate respectively shall be kept by such Clerk of
the Peace and Clerks of the LInions respectively, with the other documents to
which the same relate : and thereupon the deposited Plans and Books of Refer¬
ence shall be deemed to be corrected according to such certificate, and it shall
lie lawful for the Promoters to take the Lands and execute the works in accord¬
ance with such certificate.
MADE UN'DER " THE LIGHT RAILWAYS (IHELAND) ACT. 1889." 4
Power to Cross Roads.
8. The Promorers may, subject lo the pr<nisions of (he Acts incorporated
herewith, and of this Order for the jnirpeses of the saiti Railway, and construc¬
tion thereof, cross, divcit, or alter, whttlu r (em|iorarily or ])erinancntl\, roads,
bridges, streams and watercourses, drains, seweis, ])ii)i s, and other works, and
remove or lop ail lie ^ges -and trees which it ma\ he necessary for the purposes
of construciing or maintaining, woiking 01 nsiiig tlu' said ilaiiway, provided
that tile Promoters shall not cross, alter, or divert, or in an_\' wav intrrfere wiih
any telegrajihic line of the Postmaster-General, ex('i'])t in accordance with and
subject to the provisions of the Teleuraoh Act, I8~8. Tiie e.xpression "tele¬
graphic lim " ha- the same nmaning as in the Telegraph Act, 1878.
Xotice to Surv('//or.
9. Before the Promoters commence to open or break up a >treet or high-road,
they shall give to the Surveyor having charge thereat, notice of their intention
to do so, such notice to be given 48 hours before the commencement of t ie
work.
Sapcri/itendence by Swrei/or.
10 The Promoters shall not open or break up any street or load sa\e and
except with the approval and under the superintendence of the Surveyor having
charge thereof, unless he neglects or refuses to give such superintendence at the
time specified in the .Notice of (he Promoters, or discontinues the same during
the work. Such Surv> yor shall be ))aid by the Promolers such reasonable
remuneration for the duties hereby imposed u[)on him as may be directed by
the Lord Ideutenant by any General or S])ecial Order.
Restorin/j Roads.
] 1- The Piomoters shall, after having opened or broken u]> a street or high¬
road, with all convenient .speed complete the work on account of which they
opened or broke up the same, and fsubject to the formation of tlie Hailway]
fill in the ground level and make good the surface, tind generally restore the
street or highway to as good a condition as that in widch it was before it was
opened or broken uj), and clear away all rubbish occasioned thereby. They
shall, during such pei iod as the street or the high-roa<l may be oiiened or
broken up, cause the jilace where the street or high-road is opened or broken
up to lie fenced and watched and t'> be properly lighted at night.
Expenses of Repairs.
12. Tiie Promoters shall pay all reasonable e.vpenscs ol the repairs of the
streets and high-roads over which they shall have constructed any jiarl of the
said Railway for six months after the same shall have been restored, so far as
these expenses are iiicrease 1 by the opening or breaking up of the street or
road.
Maintenance of Sidinys.
18. The Promoters shall, at their own expense, inainttiin and repair all Sidings
on which an}' liailway shall be. laid, but nothing in this section shall be deemed
to compel the Promoters to maintain any branch Hailway made by tlie Owners
or Occupiers oi any Lands adjoining the Railway under the provisions of Section
76 of the Railway- Clauses Consolidation Act, 1845, but any such Branch
Railway shtill be maintained (unless otherwise agieed) at the expense of the
person making the same.
Lerel Crossi//gs.
14. Tin' Promoters shall construct, to the satisfaction of the Count} Nurveyor,
the Level Cro-sings shown on the deposited plans and sections, -ultject never¬
theless to such alterations in the original plans and sections as may be prescriiicd
by the Hoard of Trade (Railway Dejtartment).
4
48 COPIES OF ORDERS 'N COUNCIL, AND AGREEMENTS
Rlr/ht as to Roads.
15. The Promoters shall not be deeine;l to acquire any right other than that
of user only in the soil of any street or higli-roail across wiiich they may lay
any Railway.
Additional Poiions as to Cro.ssinr/s and Works.
16. The Promoters may, subject to the provisions of this Order, from time
to time make all snch crossings, passing places, sidings, junctions, and other
works, in addition to those ])articul irly mentioned in the deposited Plans and
Sections, as may from time to time he necessary or convenient for the efficient
working of the said Railway, or for ])rovi(ling access to any stables, ctirriage-
lionses, engine-houses, warehouse-;, or works of the Promoters.
Tolls.
17. The Promoters shall be entitled to demand and take such tolls and
charges as shall not exceed the maximum tolls and rates of charges which are
specified in the Schedule to the Tramways (Ireland) Act, 1860, or any
Amendment thereof, or as may be hereafter sanctioned by the Board of Trade.
List of Tolls.
18. A list of the Tolls and Charges authorized to be taken shall be exhibited
in a conspicuous place at each station of the said Railway.
Poivor to Contract.
10. d he Promoters on the one hand, and the several authorities, bodies, or
persons owning, or having respectively the control or management of any
streets, roads, or bridges, railways or tramways, across which the Railway is
intended to be laid, on the other hand, may enter into and fulfil contracts and
agreements with respect to the alteration of the width or levels of any such
streets, roads or bridges, railways or tramways, the laying down, maintaining,
renewing, repairing, woi king or using of the said Railwav, and the rails, plates,
sleepers and works connected therewith, and for facilitating the passage of
traffic over and along the same ; and the Promoters and such other bodies shall
have all necessary powers with respect to any such matters as aforesaid.
Description of Carriages.
20. The i'roiuoters ma}' use on the said Railway, (Carriages, with flange
wheels; and, subject to the ])rovisions of this Order, the Promoters shall have
the exclusive use and control of the said Railway.
Form of Rail.
21. The form of the Rail shall be similar to what is now used and laid on
and through the Company's Railway between the City of Dublin and the Town
of Gal way.
Roof Loading.
22. No passenger or goods shall be cirried on the roof of any carriage,
except with the p.-rmission of the Board of Trade, and subject to any
conditions which they may impose.
Motive Power.
23. The carriages used on the said Railwav may, subject to the provisions
of this Order, be moved by locomotive engines, steam, electricity, or any
mechanical or other jiower. The exercise of the powers hereby conferred with
respect to the use of steam, electricity, or any mechanical or other power. The
exercise of the ])owers hereby conferred with respect to the use of steam,
electidcity, or any mechanical or other power, siiall be subject to any regulations
which may be prescribed by any any Order which the Board of Trade may, and
which they are hereby empowered to make from time to time; as and when
MADE UNDER " THE LIGHT RAILWAYS (IRELAND: AC T. ISBD. ' 49
they n ay think fit, iov securiny to the public all it îxuiabic ju otection against
clanger in the exercise of the powers of t!:is Oxb r coiiferr. il with respect to the
use of steam, electricity, or any mechanical or other power, on tec said
Railway.
Fences and Walls.
'24. Before the Railway shall be opeucil foi' traffic, tiie Protuotcrs shall erect
and com])lete all such new fences, lailings, aad walls and strengthen, improve,
and alter all such existing fences, railiuits. or wtdls as mav be nec 'ssar\ to make
the Railway safe for the use of the publiip, and shall thereafter maintain and
keep the same in good order, repair, and condition : and the Promoteis diall be
subject to the obligations impo.sed upon Railway ('ompanies with respect to
works, for the accommodation of lands adjoining tic R lilwac as provided bv
the Railwavs Clauses Consolidation Act, 1845, incorpoi'ated herewith.
Costs of Order
25. Tlie costs, charges, and expenses of obiiiining this (drder, inclnding the
expenses of the Grand Juries and Town Commi-^siouers in relation thereto,
shall be paid by the Promoters.
Keeping of Arronnts.
26. The Promoters shall keep full, true, and distinct liooks of accounts
showing the Capital of the undertaking and its nceipts from everv source, and
its expenditure ; and they shall keej) und preserve all receipts and other
documents necessary for voindhng the .same, and slid! at all times pro luce the
said books, receipts, and docnm- nts for the inspection of such person or persons
as the Board of Public W'orks in Ireland may fi'om time to time ap])oint to
examine the same.
Treasuri/ Apr cement.
27- Lhe Agreement made between the Lords Cunmii-^sioneis of Her Majesty's
Treasury of the first part, the Commi-sioners of Public Works in Ireland of the
second jiart, and the Promoters of the third jtart, dared the Twentv-seventh
day of November 1890, relating to the capital for the construction and equip¬
ment of said Railway, uhich is set out in the Second Schedule to tliis Order
annexed, is iicreby confirmed.
Power to raise Additional Capital.
28. In case the aid given as a free grant for thr' constructi n and eciuipment
of said undertaking by the Agreement in the lust preceding section of this
Order mentioned, shall be insufficient to fulh and properly construct, finish
and equip the jiroposed Railway, and it thereby becomes necessary for the
Promoters to contribute to the cost of so doing, or s h add the Promoters find it
necessarv at any time after said Railway has been constructed, finished and
equipped as aforesaid, to expend other moneys for the general purposes of the
Undertaking, being purposes for which capital may be expcmled, the Promoters,
being the Midland Great Western Railway of Ireland Gompany, and as such
Company may, from time to time, subject to th ■ ¡irovisions of P.irt II. of the
Companies Clauses Act, 1866, raise any additional capital, not exceeding in the
whole 50,000/., bv the creation and issue at their option of New Ordinary
Shares or Stock, or New Preference Shares or Stock or of Debenture Stock of
the said Comjiany, or wholly or jiartially by anv' < ne or more of iliose modes
respeciively. The Sliares or Stock to be created imih r this section, when issued,
to rank^;«?'i passu with the similar present Shares or Stock of the said Company.
Provisions for Securing theCompletion and ATaintenance of the Kailirai/.
29. The Promoters shall complete the undertaking within the time limited
by this Order, and shall at all times efficiently work the undertaking, and shall
at all times maintain and keep in gouil condition and repair the rails of which
the Railway for the time being consists, and the sub structure upon which the
same rest.
67.
G
50 COPIES OF OliDKPS I\ COUNCIL, AND AGREEMENTS
Arbih ation.
30. [1 any (lifterence sluill a¡ise betwaen tlie Proinoiers on the one hand,
and any Corporation, Cotinty Surveyor, or oilier Body or person on the other
band, with respect to an\ interien nee control exercised or claimed to be
exercised by tliein or liiin, or on their or his behalf, or bv the Promoters in
relation to the Railway and works, or in rilaiion to any proceedings or work of
such Cor])oiate Body or County Surveyor or other person, or with respect to
the ainoui.t of any coinpensa ion to be made by or to the Promoters, or on the
(|uesti()n wheiher any work is or ought rrasonably to satisfv such Corporate
Body, County Surveyor, or other jierson concerned, oi- wiih respect to any other
subject or ihing, the iiiattei' in ditt( rence may be settled iiy a Referee nominated
by the Board of Idade on tlie ajiplication ot either jiariy, and the expense and
costs ( f such reference shall I e borne and paid as the Referee shall direct.
Ajtplit atiun of Pufit Office [Purcelx) Act, 1882.
3E i he Post (Parcels) Act, 1882, shall apjily to the said Railway,
which shall ht' deemed to Im a railway, and the Pronioiers a railway company
within the meaning of that Act.
Prodsion for Protection of the PostmartcrAieneral, in the event of the Roilifcn/
heitHj ïcorhed hy Electricitii.
32. In the event of the said Railway being worked by electricity, the following
provisions shall have eH'ect :—
(I.) The Promoters shall construct their i lectric lines and other works
of all descriptions, and shall work their Undertaking in all respects with
due regard to th.e telegraphic lin; s from time to time used or intended to
be used by Her Majesty's Portmaster-General. and the currents in such
telegrttph lines, and shall use every reasonable means in the construction
of their electric lines and other works of all descriptions, and the working
of their Undertaking to prevent injurious affection, whether by induction
or otherwise, such telegraphic lines, or the currents therein. If any
(juestion arises as to whether the Prorrioteis have constructed liieir electric
lines or other works, oi- work their Undertaking in coinrar ( ntion of this
snh-s(ctioii, such (¡uestion sliall be determin"d bv arbitrition, and the
Pionioteis shall be bound to make any alteiations in or additions to their
system wi ich may !)e diixcted by the arbitrator.
(2.)—(« ) Bef< re any electric line is laid down or any act or wmrk for
working the said railway by electricity is done within ten yards of any part
of a t( legraphie hue of the Postmaster-Ge eral other than repairs or the
laying of lines crossing the hue of the Postmaster-General at right angh s
at the point of short< st di-tance ;md so continuing for a distance of six
feel on each sirle of such i oint), the Promoters or their agents, not more
tlian twentv-eight nor less than fourteen days before commencing the woik,
shall give written notice to the Postmaster-General specifying the c<mrse of
the line and the nature of the work, including the gauge of tiny wire, and
the Proini'ters ;ind their agents shall conform with such reasonable require¬
ments Íeither general or special) as may from time to time be made by tne
Postmaster-General ior the purp,:se of pnventiug any telegraphic line of
the Postmaster-Genei al fn in being injuriously affected l)v the said act
or work.
[b) Any diffeience-which arises between llie Postmaster-General and
the Promottrs or their agents with respect to any lequirements sj made
shall be detetinincd by arbitration.
(3.) In the event of any contravention of or wilful non-compliance with
this section by the Promoti rs or their agents, the Promoters shall be liable
to a fine not exceeding ten pi unds lor ev ery day during whieli such
contravention or non-compliance continues ; or if the telegraphic com¬
munication is wilfully interrupted, not exceeding fifty pounds for every
(lav on w il ich such ititerruption c ntinues.
(4.^ Provided
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) K :T, 1889." i
(4.) Provi'li d that notliing in this section shall subject the Promoters oi"
their agents to a fine under tliis section, if teey s.itisfv the Coiut having
cognizance of the case that the immediate doing of the act or execution of
tim work was required to avoid an accident, oi otherwise wa-^ a work of
emergency, and that they f rthwith served on the Postmaster or Sub-
Postmaster of tlie Pnstal Teiegrajih Office nearest to the place where tlie
act or work was done a notice of the execu ion thereof, statmg the reason
!oi' doing or executing the sani" witliout previous notice.
(5.) For the purposes of thk section a telegraphic line of tiie Post¬
master-General shall be deemed to be injnriouslv affected by an act or
work if telegrapliic communication by means of such line is, whether
through induction or otherwise, in any manner affected iw such act or
work, or by any use made of such work.
(6.) For the purposes of this section, and subject as therei i provided,
sections two, eight, nine, ten, eleven, and twelve of tlie Telegraph Act,
ls78, shall be deemed tobe incorjunated with this Order, as if the Pro¬
moters weie nndertakers within the meaning of those sections, without
|)rejuiiice neverttieless to any operation which the other sections ol the said
Act would have i ad if this section had not been enact'd, and, in pai ticalar,
nothing in this section shall be deemed toexciuJe the provi-ions of section
seven of the Telegraj)h Act, 1878, in relation to the, matters mentioned in
that Section.
(7.) The expression 'electric line" has the same meaning in thi.s
section as in the Electric Lighting Act, 1882
(8.) Any question or difference arising under this section which is
directed to be determined by arbitration shall be determined by an arlu-
trator appointed by the Board of Trade on the a])plication of r ither party,
whose decision shall be final, and sections thircv to tiiirty-two, both
inclusive, of the Regulation of Railways Act, 1868, shall apply in like
manner as if the Promoleis or their agents were a Company within the
meaning of that Act.
(g.) Nothing in this section contained shall be held to depiive the Post¬
master General of any existing right to proceed against the Promoters by
indictment, action, or otherwi-e, in relation to any of the matters afore¬
said.
Copy of Map, Plan, and Book of Reference to he lodged with
Board of Trade.
33. Within one calendar month from the date of this Order the Promoters
shall lodge with the B aird of Trade one copy of the Map and Plans describing
the Railway, together with one copy of the Book of Reference.
Protection of Secretary of State for War.
34. The Company shall previously t i obstructing or in any way interfering
with the footpath leading from Rinmor.' Barracks, near the Town of Galway, to
the said town and in accordance with designs to be submitted to and approved
by Her Majesty's Principal Secretary of State for the M'ar Depaitment, make
and for ever maintain in good order, condition and repaiiy the following accom¬
modation works, for the use and protection of the tioojts and other jreisons
occupying the said Barracks, that is to say, a convenient and sufficient foot¬
bridge where the said Railway is intended to cioss the said footpath, and also
suitable and sufficient lences to the line of Railway wherever it adjoins or abuts
upon the said footpath.
All the works to be made by the Company shall be executed and maintained
by them at their own cost, to the satisfaction of the Engineer for the time being
of the said Sicretarv of State for War.
The provisions of secthms là, 16, and 17 of the Railways (Iieland) Act, 1864,
shall apjily to such works, as if they were the woiks, and the Secretary for War
and his successors in office, the owner or occupier named in such sections.
6?.
G 2
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
l.ahouflhy Classes Duellings.
35. The ¡h-uiiioters shall not, luuler the powers of this Order, without the
conse nt of the Loc.d Government Bo ird for Ireland, purchase or acquire, in any
nvhan sanitary district, as defined l)y the Piihlie Health (Ireland) Act, 1878,
ten or more houses which, alter the passing of this Order, have been, or are
occupiei.1 either wholly or pai daily liy persons belonqin^^ to the labouring class
as tenants or lodgers.
For the purposes of this clau-e, the expression " labouring cdass " includes
mechanics, artisans, labourers, md others working lor wages ; hawkers, coster-
mongers, persons not working foi' wages, but w rking at some trade or handi-
(U'aft without employing others except memhers of their own family; and
jrersoiis, other than domestic servants, whose income does not exceed an average
of thirt) shillings a week, and the fannlies of any such persons who may be
residing with them.
Inrorporation of Acts.
36. The Lands Clauses Consolidation Act, 1845 ; the Lands Clauses Con¬
solidation Acts Amendment Act, 1860; the Railway Clauses Consolidation Act,
1845; the Railways Act (Ireland), i851 ; the Railways (Ireland) Act, 1860;
the Clearing Act (Ireland), 1860 ; The Railways (Ireland) Act, 1861 ; the Rail¬
way Clauses Act, 1863, and the Railways Traverse Act; the Companies
Clauses Acts, 1845 and 1863; the Railways Act (iieland), 1864; the Regu¬
lation of Railways xAct, 1868 ; the Board of Trade Arbitration Act, 1874, shall,
subject to the provisions of the Tramways (Ireland) Acts, be incorporated with
this Order, exce])t Avhei e the same are ( xjtressly waried by this Order. The
provisions of the said xActs directing deposits to be made with the Clerks of
the Peace (except the pro\ ision.s relative to acci ss to the special Act) and with
Clerks of Poor Law Unions and Postmasters, and the proxdsions with respect
to the use of locomotive engines or other mo\ing power, not being animal
power, are hereby excepted out of the, incorjAorati' n hereinbefore made.
Interpretation.
37. In this Order the several words, terms, and expression.-^, to which mean¬
ings are a.^signed bv the Tramways (Ireland) Acts and the Railways (Ireland)
Acts, have the same meanings respectively assigned to them by the said Acts.
Provided that in this Older tho expression " the Railway " and •' the Under¬
taking " shall mean respectively " the Light Railway or Railway and works and
the Undci taking authorized by this Order. Provided also that in this Order
the term " the Tramwa}> (Ireland) Acts" means the Tramways (Ireland) Act,
1860; the Tramways (Ireland) Amendment Act, 1861 ; the Act 34 & 35
^dct. c. 114 ; the Act 39 k 40 Vict. c. 65; the 45 & 46 Vict. c. I7 ; the 46
k 47 Vict. c. 43 ; the Tramwa}S (Ireland) Amenrlment .Act, 1881; and the
Tramways and Publie Companies (Ireland) Act, 1883; the Light Railways
(Ireland) Act, 1889; and the Railways (Ireland) Act, 1890; and for the pur¬
poses of this Order the cxptessions " the Sitecial Act," " the Undert iking," "the
Raihvav," and " the Company" respectively in any of the Acts incorporated
herewith ,-hall have the meanings respectivcdy assigned to them by Section 20
of the Tramways (Ireland) Act, 1860,
Short Title.
38. This Order may be cited for all purposes as the Galway to Clifden
Railway Order, 1890.
Givin at the Council Chamber, Dublin Castle, the 1st day of December
1890.
Ashbourne, C.
William O'Bi ien.
Rob. R. Warren.
West Ridge way.
MADE UNDEK "THE LIGHT RAILWAYS JRLLAXD) ACT, ISB!»". -,5
MRS 1' SCHEDULE ivf, rred to in tliu foregoing Order.
1A\rt !.
Pkesextmknï ey the Oram) Jciiv or itie County ok (¡ALtvAA'.
County of Calwav.
To ITC.
Special .Assize, 1890.
Acts G & 7 Will. IV. c, IIG ; 23 & 24 \'ict. c. l.')2; 34 & 35 Vicf. c. 114 ;
44 & 45 Vict. c. 17 ; 4G & 47 Vict. c. 43 ; 52 & 53 Vict. e. GG ; 53 & 54
Vdct. c. 52.
Whereas it is proposed b}' the Midland Oreai A'esterii Raihva}' (of Ireland)
Company duly incorporated in tiiat behalf, and iiaving their Railway open for
trafbc, hereinafter called " the Rrmnoters/' to consrruct, maintain, equip, and
work by locomotive engines, cr other mechanical power, a Light RaiL)ay or a
Railway from the town of tlalwav, in the county of the town of Galway, to the
town of Clifden, in the county of Galway, h reinafter called "the Undertaking,"
and which is described :ind specified in the Plans, Books of Reference, and
Sections deposited with the Secretary of the Grami Jury of the county of Galway
by the said Promoters :
Aiid whereas it is proposed that the Undertaking shall run through the
baronies of .Moycullcn, Ross, ami Ballynahinch, in the county of Galway; the
county of the town of Galway, and the town and borough of Galway, in the said
county of the town of Galway ;
And whereas a])plications have iiecn or ai-e about iininediately to be made by
the Promoters to the Grand Jmy of the county of the town of Galway, and to
the Galway Town Impi'oyenient Commissioners respectively, to approve and
sanction the said Undertaking for the said county of the town and town, and for
a like Presentment ns is hereinafter contained :
And whereas the requirements contained in the Tramways (Ireland) Acts,
the Light Railways 1 Ireland) Act, 1889, and the Railway (Ireland) Act, 1890,
have been complied with, and the Grand Jury of the county of Galway have
duly inquired info the merits of the said Undertaking :
Aow We, the Grand Jury of the county of Galway, hereby sanction and
approve of the .-aid Undertaking, and " e hereby present and direct that the
Promoters shall he at liberty to construct, maintain, < quip, and work by loco¬
motive engines, or other mechanical power, in the said county of Galway, the
portion of the said Undei taking which it is proposed hy tlie Promoters shall
run through the said county, in the directions, in manner, and according to the
levels specified and described in tiie Plans, Books of Reference, and Sections
relating to the said Undertaking, de|)Osited by the Promoters with the Secretary
of the Grand Jury of the said county of Galway.
For self and fellows,
Charle.s Nugent, Foreman.
26 November 1890.
(¡7.
54
COPIES OF ORDERS IX COL XCIL, AXD AGREEMENTS
Part 11.
PrESEXTMKXT of thf. GkAXD Jl ry of THK CoUXTY of THE TOWX
OF (iVLWAY
CorxTY of the Towx of (Ol\v\y.
To Wit.
Special Assize, 1890.
Acts 0 & 7 IV.. c. 1 10 ; '2-A k 21 Vict. c. 1 .V2 : Ai & 85 Vict. c. 1 14 ;
44 & 45 Vict. c. 17, 40 & 47 Vict. c. 4: 52 & 5.8 Vict. c. 06; 58 & 54
Vict. c. 52.
Whci'oas it is jH'oposcd by the Aliillaml Great Western Railway (of Ireland)
C'linpaiiy^ duly incorporated in that behalf, hereinafter called " the Promoters,"
to construct, maintain, equi|), and work by locomotive engines, or other me¬
chanical power, a Light Railway, oi- a Railway from the town of Galway, in the
coniity of the town of Galway, to the town of Clifden, in the county of G dway,
hereinaf er call al the Cnderiakin.i," and which is described and specified in
the Plans and Book of Reference, ami Sections deposit d v\'ith tin; Secretary of
the Grand Jury of the county of the town of Galway by the said Promotors :
And whereas it is proposed that the U/ulertaking shall run through the
baronie- of Moycullcn, Ross, and Ballynabinch, in the con ity of G.dway ; the
county of the town of Galway, and the town and borough of Galway, in the
said county of the town of Galway :
And whereas applications have been or are about immediaiely to be made by
the Piomotors to the Grand Jury of the county of Galway, and to the Galway
Town Improvement Commissioners, respectively, to approve and sanction the
S lid I'iidertaking for the said county of Galwav and town, and for a like Pre¬
sentment and Resolution as is hereafter contained :
And whereas the requirements contained in the Tramways (Ireland) Acts;
the Light Railways (Ireland) Act, 1889: and the Railways Act (Ireland), 1899,
have been complied with, and the said Grand Jury of the county of the town
of Galway, have duly inquired into the merits of the said Lindertaking.
Now we, the Grand Jury of the county of the town of Galway, hereby
sanction and approve of the s ud undertaking, and we direct and present that
the Promotors shall be tit liberty to construct, maintain, equip, and work by
locomotive engines, (W other m chanical ])ower, in the said county of the town
of Galway, the portion of tVie said I'ndertaking which it is proposed by the Pro¬
moters shall run through that portion of the said county of the town of Galway,
as is within the juiisdiction of the said Grand Jury, in the directions, in the
m inner and according to the levels specihad and described in the Plans, Bo )k of
Reference, and Sections deposited by the Pi omotors with the Secretary of the
Grand Jury of the said county of the town of Galway.
For self and fdl iws,
T. Bl'/ke, Bart., Foreman.
2() Xovember 1890.
MADli LINDE i " THE LIGHT RAILWAYS ^liELAXD) ACT, IHSi)." 5-,
Part III
Presentment and Pesolition of ttîf: Galway [own Improvement
Commissioners.
Toavn and Roro' gh of Galway.
To Wit.
.\cts 1(> & 1; Vict. c. 200 ; 23 & 2 1 Vic t. c. 1 .V2 ; 34 & 3.3 Viet. c. 114;
44 & 45 \'ict. c. 17; 46 N 47 Vict. c. 43; 52 V 53 Vu^t. c. 66;
53 & 54 Vict. c. 52.
\Mierc:is it is [iroiioscd by the .Midlaiul (ireat Western Railwav of Ireland
Company, duly incorpi.rated in that liehalf, hereiual'ter called " the Promoters,"
to constnict, maintain, i (juip, and work a HaiUvay l)v locomotive engines, oi'
other meelianii al power, from tlie town of Galway, in the county of the town of
Galwa\, to tlie town of t lifden, in the C'unt>- of Gain av, hereafter calle<l the
" Undertaking," and which is described and specified in the ¡Mans, Book of
Reference, and Sections deposiicd with the Secretare of the Gahvav Town
Impiovements Commissioners by the said Promoters :
And wheieas it is proposed that the I ml-rtaking sltall run through the
baronies of Moyeidlen, Ross, and Ballinahineh, in the county of Galway, the
county of tiie town ol Galway, and tin- town and borough of Galway, in the sai l
county of the town of Galway :
And whereas applications have been or are aliout immediately to be made by
the Promoters to the Grand Juries of the countv of Calwav, and the county of
the town of ( Mil way respectively, to ajijirove of and sanction the said Lhider-
taking for the said county of Galway, and county of the town of Galway, and for
resoluti' ns and presentments similar to the presentment and I'esolution herealter
contained :
And whereas tlie reipiirements contained in the'i'ramwavs (Ireland) .\cts, the
Light Railways (Ire'and) Act, IF89, and the Railways Act (Ireland), 1890, have
been complied with, and the said G.dway Town Improvement Commissioners
have duly inquired into the merits of the said Undertaking:
N ow we, tlie Galwaj" Town Improvement i.ommissioners, heri by saiuTion ami
approve of tlie said Lbulc: taking, and we n solve and direct that tiie Promoters
shall be at libcrtv to construct, maintain, ( quip, and work iiy locomotive engines,
or other nu chanical power, in the said town and liorough of Galway the portion
of the said Undei taking, which it is proposed by the Prometí rs shall run through
that jioriion of the said town and borough of Grdway, as is vithin the jurisdic¬
tion of the Galway Town Improvement Commissioners, in the directions, in
manner and according to the level- specified and described in the Plans, Rook of
Reference, and Sections depo-ited by the Pronn ters with the Secretary of the
said Galway Town Improvement Commissioners.
Dated this 26fh day of Novemljcr 1890.
Passed,
./. O Hora, Chairman.
(Corporate Seal.) j Secretarv.
SECOND SCllLDCLE referred to in the foiegoing (Order.
The Agreement with the 1 reaslry and the Board of A'orks.
.Agreement made tl.e 27th eat'of November 1896. Between Sir Herbert
Eustace (Maxwell, Baronet, m.p., and the Honourable Sidney Herbeit, m.p.,
tvo of the 1-ords Comn issioncrs of Her Alaje-ty s Treasury, hereinafter called
the J reasury (whic h expression shall include the survivor of them, and the
(17. (Î 4 Executors,
5(i COPIES OF ORDERS IN COENCIL, AND \GREE\JENTS
Executors. Administrators, and Asdii'iis of sucli surviv- r wlure tlie context so
requires or admits) ot the first ])ari, lnent"uant General Richard Hieram
SaukeA' u.E., C.B., ^Villiam Hichar ¡ Ee Eanu, Estiuire. and Samual Ussher
Roberts INquire, c.b., the C'omniissioners of Public Worksin Iisdand (hereinafter
calied the Board of Works ), which e.\])i es>i()n shall include the sui vivors and
survivor of them, ami the Executors, Administrators, and Assip;ns of such sur¬
vivor wiicre the context so re<iuires or admits, of the second part: of the Midland
Great Western Railway of Ireland ('ompany (herOnaftin- called the Company,
which (xpression shall include tlieir Successors and As-igns where the context
so ¡-equires or admit--;, having their oiincipal odicc at the Pro uRtone Station in
the city City of Dcblin, oi the third p:irt.
Whcv: as the Com])anv being an Irish Railway Company having a Railway
open for tratlic are Promoters of the Railway U ndertaking knon n as the Gal way
to Clifden Hallway, tli ■ particulars whereof :ire specified in the Grand Jury Pre¬
sentment heremaftei' mentioned, ard which Hallway is hereinafter referred lo
sometimes as the Undertaking and sometimes as the Railway.
And whereas the llaiUvm is one of the Light Hallways mentioned in the
First Schedule of the Hallways (Ireland) Act, 1890, hereinafter called the Act
of [890.
And whereas, under the jirovisions of the x4ct of 1890, the Givmd Juries of
the county and of the eeuiity of the tomi of Gal way, and the Gajway Town
Commis.sioners have duly by presentmenis and résolution dated the 26tli day
of November 1890 (all hereinafter called tlx' presentment) approved of the
Ihidertakiiin, nnd anthori>ed the Conq)an\ to construct, maintain, and work the
same subj'ct to such modifications itan\- as should he required or ai)proved bv
the Lord Lieureiiaut in Cmincil.
And wdiereas in ])ui'snance of the provisi-ms of the Light Railways (Ireland)
Aci, 1889, heieinal'ter called the Act of 1889, the Lord Lieutenant by
Order in Council has declared that it is desirable that a Light Railvva\' should
be constructed between (amoug.-t other plaees) Gal way and Clilden for the
development of Fisheries and other indmti ies, but that owing to the circuinsianees
of the district special assistance fi om the State is required for its construction,
and further declared that the provisions of the Act of 1889 slionid ajjply lo
sneh Light Railway.
.And whereas the Report of the Board ot W orks made ui)on the inquiry
direct'd by the 9tli Section of the 'i ramways (Ireland) Act, 1860, as altered by
the 7tl) Section of the Act of 1889 ajjproved of the Undertaking as set forth and
])resented for in the Hresentimmt.
And whereas the Treasury, in ])nrsu;mce of the Act ot 1889, have agreed to
saneliou the I'ndeitaking, and to aid the same out of nuinies to he provided bv
Parliament, < ither with a free gi ant of a ea])ital sum not exceeding 264,600/.. or in
the alternative, ai the opuoii of the Treasury, by an animal payment equivalent
to three Pounds pel-cent, on such eai)itrd sum redeemahle on payment by the
Tieasuiw to the Company of the eapitalized \alue of such annual pa\nient
calculated at the rate of :h'k3 \ ears' purchase, oi' panly in mie way and partly in
the other, and subject in any case to the observance by liie Company of the
terms and conditions as to the construction, maintenance, execution, and
working of the Undertaking, and as to tiie other matters relating thereto herein¬
after app'earing.
Now these presents witness that in exercise of the Statutory Powers in the
Act of I 889, and every other jtower enahling them in that bolialf, it is hereby
agreed and declared between and hy the Treasury and the Cu;Hpan\. and, as a
separate Agreement, it is also hereby agreed and declared between and by the
Board of Vt orks and the Company as lollons. that is to say —
Sidiction of UndoriakitKj.
I. The Treasury hereby sanction the Undertaking a? appi'oved by the Board
of Works.
Power to eonstrnet Raiiwci/ other them Liejht Railway.
II. The Treasury in exercise of the power in the .'Vet of 1890, enabling them,
hereby consent that it shall be lawful for the Company to construct, main¬
tain, and work under this Agreement a Railway other than alight Railway.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT. J889." .-,7
Campletion of the Undertakinp.
III. The Company shall construct ami complete the Raihvav, including
the permanent way, and all stations, works, and convenience.s in connection
tiierewith, within the time limited by the Ctrder of the Lord Lieutenant in
Council, and in accordance with the depo-ited plans and sections as modified
by the working plans and sections and specifications herein mentioned, and
subject to such further modifications as may fiom time to time he sanctioned by
the Board of Works, and the Company siiall, in case the Parlianientarv Grant
be insufficient to fully and properly construct and finish the proposed Railway,
contribute to the cost of the construction of the undertaking such a sum of
money as shall be sufficient to fully construct and fiuisli the same, and they
shall construct the Railway in such a manner as shall be suitable for the
existing rolling stock of the Midland Great Western Railway of Ireland Com¬
pany, and so as to enable the Railway to be worked as an integral part of the
Midland Great Western Railway of Ireland Company's s\stcm for ever.
Order in Coniicil.
IV. 1 he Company shall forthwith obtain an Order of the Lord Lieutenant in
Council (hereinaftt r called the Order) confirming this Agreement and autho¬
rising the Company to contribute to the construction of the Railway as herein-
bet ore mentioned.
Application of Advances, S^c.
y. Upon obtaining the Order the Company ,-hall proi eed to construct the
undertaking and a|)ply the monies to be provided by Parliament, hereinafter
called the Parliamentaiy Grant, to and for the purposes in the manner and pro¬
portions and subject to the approval and conditions hereinafter mentioned (that
is to say) : —
!. The Treasury will advance to the Company such sums out of the
Parliamentary Grant as the Board of Works shall fro n time to time
certify for.
2. Such advances shall be in sums of not less than .5,000 L at a time.
3. And hefoie being entitled to ])ayment of the last advance to be made
out of the Parliamentary Grant, the Company shall complete and finish the
undertaking to the satisfaction of the Board of orks and open the same
for traffic.
Alternative Clause.
VI. In case the Treasury shall so desire and shall signify such desire in
writing to the Com])anv, liie provisions as regaids the Parliamentary Grant
hereinbefore contained shall cease to be applicable to the aid hcrelyv agreed
to be afforded to the Company, and the last preceding clause of this Agreement
shall thereupon be deemed to be i ancelled. and in substitution therefor the
following piovisions shall aj^ply :—
'J he Treasury will pay to the Company, or their attorney lawfully
authorised, an annual sum hereinafter referred to as the interim annuity
equivalent to 3/. per cent, on ihe amount of immcy from time to time due
bv the Company to the Royal Bank of Ireland ( Limited), on foot of
advances agreed i) be ii ade by the said Banking Company to the Company
on the security of the said annual sum, which advances are hereinafter
lefcrred to as the banker's advances, and after the undertaking has been
comideted and ojiened for traffic as aforesaid, ^^ill pay to the Company an
annual sum equivalent to 3 I. jiercent. on the total amount of the banker's
atlvances, hereinafter called the annuity in aid.
The ])ayment of the annuity in aid and the interim auuuity shall be subject to
the following conditions ; —
1st. The banker's advances shall have been previously applied for the
purposes of the undertaking, and such expenditure certified for by the Board
of Works.
07 H 2nd, The
COPIF.S OF ORDERS IN COUNCIL, AND AGREEMENTS
2nd. The banker's advanci s shall be in amounts of 5,000 I. at least, and
the said 3 /. ])er C( nt. ¡-h dl he ])ayable in res])eoi of each advance from the
dale (d' pav luent tin laot hv the hank to tiie Compan}', with this qualifica¬
tion, that the annual sinn of 150 the ñnal portion of the annuit}' in aid,
shall not be payable or In gin to accrue until the undertaking has been com-
])leted and finished to the satislaction of the Hoard of Works and opened
foi- tratfic.
3rd. d he anunitv in aid and the interim annuity sliall he [layable on the
5th of April and 5th ol Ot tober in every year.
Mired A id.
\TI. The aid hereby agnt d lo he affordid to the Com[ any may, in case the
Trtasniy so cU'sire, be partly by way of grant and parily by nay of an annual
paymeiit, caletdated at the rate of 3 /. per cent., on such portion of ihe said
sum of 264,600 /. as the Treasury do not desire to advance to the Coriipany by
way of capital advances.
Andinsuchca.se the ])rovisi()ns hereinbefore coniained «Ith respect to the
Parliamentary Grant shall, wututis mutandis, apjily to the capital advances to
the Company, and the provisions with resjret t to the interim annuity and the
annuity in aid shall, mutatis mutandis, apply to the annual payment under this
clause.
Redemption of Aniuiitij.
\'lli. In case the I reasury ^hall, on or at any time after the 5th of April
1892, be dt sirous of redeeming any annual sum payable under this Agreement,
or any part thereof, not being ler-s thair 150/. a year, and shall give to the
Company, on the 5th of April 1892, or any succeeding 5th April, 12 calendar
monfl s' notice in vM-iting of such desire, then and in such case tl e Com[iany
will, upon the expiration of the said 12 months, on reciiving from the Treasury
full payment of such annual sum or part to be redeemed, and all arrears up to
and including the day of rfdemption, and on receiving from the Treasury
payment of the capitali>ed value of such annual sum or part to be redeemed,
calculated at the rate of 33'3 years' purchase, in full discharge and satisfaclion
of the same, release the Treasury from all further payment of the same, which
shall thereupon cease and determine.
Any such redemption as aforesaid may, widi the consent of the directors for
the time being of the Company, be made with less than 12 months' notice, or
without notice, or be made of a less sum than 150 /. a year.
Conditions of Expenditure.
EX. The expenditure of all monies by the Company for the purposes of the
undertaking shall be subject to the following conditions:—
(1.) The money shall be applied for the purposes of the undertaking in
a manner ajtproved of by the Board of Works.
rl.) The expenditure of all mor.ey shall he vouched to the satisfaction of
the Board of \Torks.
(3.j The appointment of a land valuer shall he subject to the approval
of the Board of Works.
(4.) The Board of Works, with the sanction of the Treasury, shall
ajipoint an engineer to inspect and report to them from time to time on the
yvorks, hereinafter called the inspecting engineer.
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 188!)." Ó))
IT orklnf/ Plans and Specifications.
X. The working plans, sections and specifications for the line of railwav and
bridges, the design and speciftcation for all station IjuiMings, and any material
moditications ol the works, hereinafter mentioned, which line of railwav Itridges
and station buildings are herein referred to as the works, shall from time tu time,
when prepared by the Company's engine^'r, ])e lodged witli and submitted to
the Board of Works for their approval.
Covenant to complete. Sc.
XÍ. The Company hereby covenants with the Treasury that in case the .aid
hereby agreed to be afforded, wdiethei' by w;iy of gmnt or annutd pavment,
or partly in one way, and p.artly in the ■ ther, be found insufficient to CMUiplete
the works and open the railway for trallic, in ace >:dance with the provisions of
this Agreement, and to the sati-f.iction (h' the Board of Trade, that they will raise
and exi)end all such further sums of nionev as may be necessary, and will
complete and oiten the railway for tr.iffic as ¡dore.-aid. Piatvided always that if
ilie said aid shall be more dian sufficient to complete, and open the railway as
aforesaid, such aid shall be pi'oportionately reduced, it being the true intent
and meaning of these presents that the Treasury shall not, under any circum¬
stances, be bound to contribute any monies beyond what is necessaiw to enable
the Company to complete and open the railw.ay.
Maintenance.
XII. So soon as the railway shall have i)een completed an I opened for traffic,
the Com|)any hereby covenants with the Treasury to work and manage the
,sanie in an efficient and substantial manner, and also to maintain the s une
(such maintenance to include, the construction of such additional sidings and
other works and conveniences (if any) a^ may from time to time be required
for the public accommodation (if the same shall beco ne necessary, liy reason
of increased trattic) in good order, rep.iir and condition, and open for public
traffic for ever.
Traffic P ro c is i ans.
XHI. The Company hereby covenants with the Treasury that so soon as the
undertaking is open for traffic, they, the Comp;iny, will for ever tiiere.dtcr run
at least two trains each way carrying passengers, and in case mixed trains are
not allowed by the Board of Trade, one goods train also on week-days between
Galway and Clifden at such times as will, in the o])inion of the Board of Trade,
aff'ord all reasonable and requisite facdities for througli tiansit.
Indemnitp. Treasurp and Board oJ'Work.s.
XnC Nothing iierein conttiined shall cluirge, affect, or encumber the real or
personal estate of the parlies hereto of tli ■ first and second parts, they having
executed tlmse pres.m's only in their respective capacities of Lords Commis¬
sioners of Her Majesty's Trea-uiyv and Conimis-ioners of Puljlic Works in
Ireland, and having no personal interest therein.
Con.strnction of Apreement.
XV. The Treasury shall be sole judges of the c.tnstruction of this .Agreement,
ami of all matters and thing.s therein referred to, save as regards the working
])lans, specifications, and designs, or the works to be executed under this
Agreement, in which case, should the Comptmy's engineer and the inspucting
engineer disagree, the matter in dis|)ute shall be settle I by an appeal to the
Board of Trade on the applic.ition of either party, and the decision of the
Board of Trade thereon shall be final.
(ij. H -2 In
(a COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
In \\itness tin reof the parties afoiesaiil of tlie first and second parts liave
set their hands and affixi d tlieii seaU, and the Coni|)any has hereunto affixed
its Cor],orate Seal the day and year first heieitt written.
Signed, .^cided, and delivered by Herbert i
INistace Maxwell and Sidney Herbert, two j
of tbe Lords Coin m miss i otters of Her
Alajesty's Treasury, in jtresein'.e of—
I
Geo. a. Stevenson,
H.M.'s Treasury, j
A\'hiteball.
Signed, sealed, and delivered by Kicbard ,
Hierain Sankey, Coininissioner of Public
"Works in Ireland, in jiresence of— 1
CnutsTorttEti CnOt.JtEt.EY pl ELEt:, [
Clerk in tbe Treasury,
London, S.AV.
Tbe Corjiorate Seal of tbe Alidland Great
estern Railway of Ireland Company was ,
affixed bereto, in the presence of—
Geo, Wm. Gkeene,
Secretary.
Signed, sealed, and delivered by "William :
Richard Le Fanu and Samuel Ussber
Roberts. Commissioners of Public M orks in ,
Ireland, in p'resence of—
"W. AI. Lane, |
Solicitor,
Office of Public AVorks,
Dublin. '
THIRD SCHEDULE referred to in the foregoing Order.
The Notice Convening Meeting of AIidland Great NI'estekn Railway
of Ireland Company's Shareholders, and the Resolltion passed at
said Meeting.
AHDLAND (.REAT WESTERN RAILWAY OF IRELAND CO.MPANY.
Extraordinary Meeting of Proprietors.
Notice is Itertdiy given tbut an extmordinarv geiti ta! meeting of the pro¬
prietors ol the Alidlnnd Great ^\'estet■tl Railway of Ireland Company will be
Iteld at the Company's Othee, liroadstone Station, Dublin, upon Tuesday, the
-Hit day of November I8i»(), at the hour of one o'eloek in the afternoon, fur tiie
])ur|)o-e of eoiisidering, and, if tin light fit, apjtroving of three proposed Orders
in Coimeil, whit h the Comptiny are seeking to obtain from the Lord Lieutenant
iti Conncil, under the Tramwavs (Ireland) Acts, the Light Railway's t Ireland)
Act, 1S89, tiiid the Railways (¡relamí) Act, I 8!)(), to authorise the Comjiany to
mtike certain railways, viz. (»alway to Clifdeti ; We-tport to Maliariutny ; and
Palliittt to Killala ; with ])o\ier, uinler certain circumstances, to raise additional
capital as in said Draft Orders in Council is e.xpressed ; atid also ol' three
Agreements jtrojtosed to be made and entered into under the provisions of the
Acts afore-aid lictwccn Her Aiajesty's Treasury and the ( 'ompany for the con¬
struction, maiiitenanee, ecjuipmeiit, and working by the Company of the said
railway s, on the terms and cuiiditions set forth in said Orders in Council and
Agreements, and to auihorise the directors to procure such Orders in Council,
and to execute such Agreement-, with any imidiHcatiott- <if same they may deem
advisable, and to do all acts necessary for carrying out the put poses of said
Orders in Council and Aereements.
Dated this 15lh day of Octolter 1890.
By Order,
Ralph S. Ci sack, Chainmin.
Geo. Wm. Greene, Secretary.
Broadstone Station, Dublin.
Herbert Eustace AJaxvveel. (Seal.)
Sit)ney Herbert. (Seal.)
R. H. Sankey. {Sedl.)
W R. L e F a nu. ( Sea I. )
MADE UNDER "THE LIGHT RAILWAYS (IREI.AND, ACT, 1889." ôi
MIDLAND GREAT WESTERN RAILWAY OF IRELAND COMPANY.
Tramways (Ireland) Acts, thl Light Railways (Irlland) Act. 1889.
and the Railways (Ireland) Act. 1890.
An extraordinary g;, iieral meeting' of tlie |)ro])i ietors of i he Companv was held
at their offices, Bioadstone Statimi, Dublin, on Tue-dav, 4t]i November 18i)0,
pursuant to notice, duly jmblislied, when the ])i oposed ( Irder in ( Onneil and
Agreement, as authorised by thefoiegoing Acts, were submitted for consideration
and approval.
Sir Ralph S. Cusack, d.l., Chiiimian of the Company, in the Chair.
Proposed by The Chairman;
Seconded by Right Hon. YiscouNr Gough, d.l. ; and
Unanimously resolved,—" That the proposed Order in Council for the con¬
struction, maintenance, ecpiipment, and working by the Companv of a railway
from Galwa}' to Clifden, marked A., and tiow ^ubmitted to the pr- prietors of the
Midland Great AA'^esiern Radway of Ireland Company, and also the Agicement
])ropost d to he entered into niuh r the Tramways (Ireland) Acts, the Light
Railways (Ireland) Act, 188i>, and tha Railwa\s (Ireland) Ait, l8i)(), between
Her .Majesty's Ireasuiy and the Company in mspect of said railway, are hereby
respectively approved."
•' And the directors of the Com])any are herebv authoiised to procure said
Order in Council, and to exeeuie -aid .Agreement vsith such modihcations of
same respectively as they may deem advis ible, and to do all acts nece-sar , for
carrying cut the purposes of said Order in Council and Agreeiiient."
Ralph Cusack, t hairman.
Geo. AVm. Greene, Seci-eiary.
F'OURTH SCHEDULE referred to in the foregoing Order.
A railway commencing in the townland of Townparks, in the parish of
St. Nicholas, in the county of the town of Gahva\, by a junction with the
centre of the up main line of rails of the .Midland Great AVestern Railw ay (of
Ireland ) Company, at a ])oint .á,")2 feet or thereabont- from the north-easterly
eornei' of the engine slied, of or belonging to the said Company, at their
terminus in Galway, measund in a sonth-easterly direction, and 180 feet or
therealiouts from the south-west, eoüier of the W atei-tank tow er, of or belonging
to the Aiidland Gieat AW'stcii Railway (of Ireland) C()m|i no , .it their terminus
in Galway, mea-un d in a south-( asterly direction, and terndnating in the town-
land of Cliften, in the pari-h ol Oiuey, at a point !.')!) ieet or thereabouts from
the sonili-east cornel'01 the Courthouse at Clifden, measured in a soudierly
direction, and Ib.óíeet or tliercahuut.s from the kevstmic of the arch at the
southern side of t!;e bridge at Clifden, carrying the public road leading from
Galway to Clifden over a sti'cam siiuaied 250 b et or taei'cahouts me.isur al in a
wa'SterP, direction from the said corner of -aid t.'ourtliou-e.
The said intended railwai' will jiass from, throagh, or into the se\'eral town-
lands, parishes, and places follo'aing or some of them, that is to sa}', the
townland of Townparks, in the paiish ot St. Niidiolas; the tounlands of
T(i"n|)arks, Newcastle, Danga.i Lowtr, Bushy P.irk, Kenifteld, Killeen, Brown-
ville, Att vshonoek, and Pullagli, ail in the parish of Rahoon and county of the
town of Galway; the towiiiaiids ot Clooniff, Ballicuirke AVest, Moycullen,
Ballydutia, Killarainy, Drimcong, Knocksfanballv, Rinuecn, Drinnieen, Corhalh',
Knockhane, Coolagh, and Knockaunraniiy, all in the parish of .Aiovcullen . the
townlaiids of Ross Demesne, Rosseahill Ea.st, Rosseahill West, Gortaearuaun,
Kdlaguile, Kdlola, Drimiiahoon, and Laghtgamion, all in the parish of Killannin ;
the townlaiids of Alaghei-aheg, Beahiala|i])a, Moyvoon A\est, Magheiamore,
Gortrevagh, Rushvela, Billvmore or Cariowntober, Cregg, kbinrawer AA'est,
Claremount, Rusiieen}', Gleiigowla .East, Glengowla AVe-t, 1 )eiryerglinna, Leam
East, Leam AA'est, Letterfore, Tullaghaboy, Hnnnakill, Derreenuagusfooi', Lurgan
67. H 3 " %r
02 COPIES OF ORDERS L\ COUNCIL, AND AGREEVIENTS
or Shindilla, Shaiinaunnafeola, and Biinscanniff, all in tha parish of Kilcuni nin
the townlands of Sliannakeela, Roheeshal, Cappaghoosk, Derrviu'en, Caher,
Derrvaild East, Lissonglitri', Cai roinan, Cloonnaca' tan, Athry, Baliinafad, KilDen,
Clooubeg, Deiayvickruiie, Einiaglnnore, Derrylea, Gjwlan West, Killvmongaun,
and Ardljcai', all in tho ))ari>)i of .Moyi us ; the t iw idand of iVlunga, in the parish
of Ballindoon ; ilie t -wnlands of Couravo i^iiil, Tullvvoheen, and Clifden, all in
the parish o( Oniey, all in the county of (ialwa^n
westpoirr to MALLARANNY railway order, 1890.
Bv ihc I Old Lieutenant and Priw Council in Ireland.
ZETLAND.
WiiURE.AS the Lords Justices General and General Governors of Ireland, by
an Order in Council, made the 22nd dav of .August 1890, iiursnant to the
provisions of the Light Raii\\a}'s (Irehuid) Act, 1889, declared that it is
desirable that a Light RaiUvav should be constructed between Westport and
Mallaranny, both in the county of Alayo, for the develoiunent of fisheries and
other industries, but that, oaing to the circumstances of the district, s;)ecial
assistance from the State is reiiuircd i'or its consiruction, and forth r declared
that the provisions of the said Act should be ap])licable to such Light Railway ;
And win reas the grand juiyof the county of Alayo, at a special assize or
meeting of sai 1 grand jury, held on the 24th day of November 1890, acting in
execution of the jiowers vested in them by tlie Tramways (Ireland) Acts as
defined by this Older, made the preseniment which is set out in the First
Schedule to this Order, and thereby approved of the construction of a Light
Railway or a railway from AVo-tport to Alallarannv, to be worked bv locom dive
engines or (dlicr meclianical power ; and whereas on the 2r)th day of
Novemlnr 18!)(), the Alidland Cnat Western Railway of Ireland Company,
being the Promoters of the said uii lert.deing, presented a Memoiial to the
Lord Lieutenant in Council, ])raying for an Order to authorise the construction
of the said Light Railway or railway mentioned in such .Memorial, and to
eonfirin the ^<•dd presentment, and also the Agreenimit made iietween the
Loids Commi-sioiiers of Her Majesty's Treasnrv of the first part, the
Commissioners of Publie AA'orks in lialand of the second part, and the
Promo'ers of the third part, under the Acts aforesaid, whereby assistance fron
the State was agrecil to be given as therein memioned, and wliiidi is set out in
the Second Scliednlc to this Order:
And whereas tiie iMidlaiid Or. at Western Railway of Ireland Company has
established to the satisfaction of the Lord Lieutenairt in Council that a copy of
the ])r')posed Order was suhmittcd to the jrropi-ietors of the said Railway
Ci mptiny, at a meeting duly convened, and held specially for that purpose and
approved by sneli meeting as more pariieulaily mentioned in the Tliird Schedule
to this Order, and that ;iH matters and things have been done and have
ha¡tpeiied and all tiim s have i Itipsed, which, if such Order were a Bill |)romoted
111 Pailiament, should have been done and happened and elapsed, lu order to
constitute cumplianee with the Sramliug ( irders of Parliament applicable to
Bills ¡rromoted by railway co iipanies for tic like purposes as th )se referred
to in the 5th section of the Liglit llailwtiys (Ireland) Act, 1889 :
And it appears to the Lord Lieutemuit in Council that it is e.xpcdient to
make the Order following :
d'herefore, it is ordered by the Lord Lieutenant. G ni n-a! and General
Governor of Ireland, hy and with the advice of Her Majesty's Privy Council in
Ireland ;—
ProDiotcr.s.
]. The Midhind Great Western Railway of Ireland Company, a Compaiiv
duly incorporated in that behalf, and haviag tlieir railway opmi for traíHc,
shall be the Promoters for the jrurposes of this Order, and the said Company
and their assigns are in this Order referred to as " the Promoters."
MADE UNDER "THE LIGHT RAILWAYS (HILLAXD) ACT, J889." C:;
Power to co/istn/ct Lifie.
2. 'I he Pr< moters may construct, maintain, equip. and wurk bv locomotive
engines or other mechanical power, subji-ct to tlie provisions of this Older and
of the Acts incorporated herewith, the railway described in t.e Fourth
Schedule to ihis Order, in the directions and le\eis, with powers of lateral
deviation v\ ithin the limits of deviation sp, (jíti^vi and described in the plans
deposited in resjiect of the apirlication for tiiis Order with the Secretary of the
grand jury ol the county of Mayo, and of vertical deviation frota the levels
shown ot) the sections so deposited (hereinafter called rhe deposited plans and
sections) as itrovided by the Acts incorporated lieievvitli, but snbject to such
provision lor the coirection of errors as is bv this Order provided, with all
proper rails, plates, sleepers, sidings, brtinch railways, junctions, passing jtlaces,
turn-tables, tunnels, approaches, bridgi s, yards, offices, engine-houses, stables,
carriage-houses, warehouses, wo ks, houses, buildings, and conveniences con¬
nected tlierewith, and (>nbject to the i la vishms of the said Acts) may, bv
agreement or compuLion, purchase, acquire, and iudd all such lauds, rights,
easements, and privileges as may be necessaiy for the purposes of the said
railway, and any engine-houses, stables, carriage-hou-es, wro'chouses, houses,
and other buildings and works requisite for the working of tlie sai<l railway.
Gouge and other Particulars.
3. The gauge of the railway shall be five feet three inches, and it slndl bo
lawful for the Promoters to construct, maintain, and work a nulway other than
a Light Railway.
Compulsory Purchase of Lands,
4. From and after the time when this Order becomes binding, the Promoters
.•-hall be empowered to put itt force the ])rovisions of the Lands Clauses
Consolidation Act, 1845, including the Railway Act (IreLoid), 1851, and
the Acts ameuding the same and incorporated therewith, with rcspi ct to the
|iurchase and taking of land oiheiwise than by agreement, with reference to the
lands ;ind premises delineated oti and described iti the de])osited plans and
book of reference, or as they may be corrected utider the provision hereinafter
contained, and within the ])ow ers of deviation; and it is hereby ordered that
Seitions 42 and 43 of the Tramways (Ireland) Act, 1860, shall not ap])ly to
or be binding' oti the Promoters or the Undertaking authorised atul sanctioned
by this Order. The powers of compulsory purchase of lands and pretnises as
conferred by this Order shall not be exercised after the e.xpiration of three years
from the time when this Onh r become irinding.
Time for Comj)letion.
5. The Promoters sludl complete and finish ready for use the said railway,
and shall provide a proiter (¡uautlty of rolling stock and equipment within
two years tiom the ilate of this Order hecotning binding.
Conjinuation of Prese/itineut.
6. The presentment of the grand jury of the cotinty of Mayo, wliich is set
out in the First Schedule to this Order, is hereby cunfirmcd.
Correction of Errors in Deposited Plans and lioohs of Reference.
J. If there be any omission, mis-statement, or wrong description of any lands,
or of the owners, lessees, or occupiers of any lands shown on the deposited plans
or specified in the deposited books of reference, the Promoters, after giving
ten days' notice to the owners, lessees, and occu])iers of the lands in (;[ucstion,
may a])plv to two justices acting for the cottnty of Mayo for the correction
thereof ; and if it appears to the justices that the omission, mis-st;itetuent, or
wrong description arose Irom mistake, they ^hall cei tily the same accordingly,
and they shall in their certificate sttite the lairticulars of the omission and in
what respect any such matter is mis-stated or wrongly described, .atid such
certificate shall be deposited with the clerk of the peace for tlie same county,
and a duplicate thereof shall also be deposited, as regards the several ptirishes
(¡7 n -t in
64 COPIES OF ORDPRS IX COUNCIL, AND AGREEMENTS
in which the lands affected tliereby are situate, with the clerks of the unions
witliin which such ])arishes are included, and such certificate and duplicate
respectively shall be kept bv such clerk nl the peace and clerks of the unions
respectively with the other doounients to whicli the same relate, and thereupon
the dei)osited plans and liooks of reference shall be deemed to be corrected
aecordiny to such certificate, and it >liall be lawful for the Promoters to take
the lands and execute the wo ks in accordance with such certificate.
Power to Cross Roads.
8. The Promoters may, subject to the provisions of the Acts incorporated
herewitli, and of this Order, for the |)urposes of the said railway and
construction thereof, cross, divert, or alt er, whether temporarily or permanently,
roads, bridges, drains, seweis, piftes, and other works, streams, and water¬
courses, and remove or lop all hedges and trees which may be necessary for the
purposes of constructing or maintaining, woikiug or using, the said railway,
provided that the Promoters shall not cross, alter, or divert, or in any way
interfere with, any telegra))hic line of tlie Postmaster General, except in
accordance with and subject to the prnvisions of the Telegraphic Act, 18/8.
The ex])ression "Telegraphic Line" has the same meaning as in the Telegraph
Act. 1878.
Notice to Surveyor.
9 Before the Promoters commence to open or break up a street or high-road
they shall give to the surveyor having charge thereof notice of their intention
to do so, sucli notice to be given 48 hours bel'ore the commencement of the
work.
Superintendence by Surveyor.
10. riie Promoters shall not open or break up any street or road save and
except with the apjuoval and under the .superintendence of the surveyor having
charge thereof, unless he negb cts or refuses to give such superintendence at
the time specified in tfiv notice of the Promoters, or discontinues the same
during the work. .^uch survesor shall be paid by the Promoters such
reasonable remuneration for tiie dutie- her. by imposed upon him as may be
directed by Lord Lieutenant l)y any General or Spaci d Order.
Res tor i ny Roods.
11. The Promoters sh dl, after having opened or broken up a street or
high-road, with all convenient speed compli te ihe work, on account of which
they opened or broke u]) rite same, and (subject to the formation of the
railway) fill in the ground, level, and make good the surface, and generally
restore the street or liigliway to as good a conilition as that in which it was
before it was opened or bioken up, and clear away all rubbish occasioned
thereby. They shall, during such period as the street or as the high-road may
he opened or broken up, cause the place where the street or high-road is
opened or broken up, to be fenced and watched, and to be properly lighted at
night.
Pxptnses of Repairs.
12. The Promoters shall pay all reasonable expenses of the repairs of the
streets and high-roads ever whiidi they sliail liave constructed any part of the
said railway for six months after the same shall have been restored, so far as
these expenses are increased by the opening or breaking up of the street or
road.
Maintenance of Sidings,
13. The Promoters shall, at ttieir own expense, maintain and repair all
sidings on which any railway shall be laid, but nothing in this section shall be
deemed to compel the Promoters to maintain any brauch railway made by the
owners or occupiers of any lands adjoining the railway under the provisions ot
Section 76 of the Railway Clauses Consolidation xVct, 1845, but any such
branch railway shall be maintaim d (unless otherwise agreed) at the expense of
the person making the same.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 65
Level Crossings.
14. The Promoters shall con'^truct, to the satisfaction of tlie County Surveyor,
the level crossings >hown on the deposited Plans and Sections, subject,
nevertheless, to the alterations in the original Plans and Si étions hereinafter
mentioned, which shall he executed to the satisfaction of the County Surveyor,
and which tlie Promoters are hereby autliorised to make, that is to say:—
At the first crossing at 4 miles 28 chains, and
At the second crossing at 6 miles 50 chains, the public road shall be
carried over the Railway by means of a bridge at such crossings, respec¬
tively.
The third crossing at 10 miles 32 cha ns.
The fourth ciossing at 1 1 miles.
The sixth crossing at 13 miles 34 chains, and
The seventli crossing at 16 miles 31 chains, shall be made square, or
nearly so, to the line.
And in addition to the foregoing alteration at the said sixth crossing,
the public road shall be diverted so as to admit, of the ciossing being made
within the distance of three chains from the top of the inclination on
which such crossing occurs, and the crossing shall be made accordingly.
Right as to Roads.
15. The Promoters shall not be deemed to acquire any right other than that
of user in the soil only of any street or high-road across which they may lay
any railway.
Additional Powers as to Crossings and Works.
16. The Promoters may, subject to the provisions of this Order, from time to
time, make all such crossings, passing places, sidings, junctions, and other
works, in addition to those particularly meniioned in the deposited Plans and
Sections, as may from time to time be necessarv or convenient for the efficient
working of the said Railway, or for providing access to any stabhs, carriage-
houses, engine houses, warehouses, or works of the Promoters.
Tolls.
17- The Promoters shall be entitled to demand and take such tolls and
charges as shall not exceed the maximum tolls and rates of charges which are
specified in the Schedule to the Tramways (Ireland) Act, 1860, or any
Amendment thereof, or as may be hereafter sanctioned by the Beard of I ratle.
List of Tolls.
18. A list of the tolls and charges authorized to be taken shall be exhibited
in a conspicuous place at each station of the said KaiLi ay.
Power to Contract.
19. The Promoters on the one hand, and the several authorities, bodies of
persons, owning or having respectively the control or management of any
streets, roads or bridges, railways or tramways across «hieb the Railway is
intended to be laid, on the other hand, may enter into and fulfil contracts and
agreements with respect to the alteration of the width or levels of any such
streets, roads or Imidges, railways or iramways, the laying down, maintaining,
renewing, repairing, working or using of tiie said Railway, and the rails, plates,
sleepers, and works connected therewith, and for facilitating the passage of
traffic over and along the same, and the Promoters and such other bodies shall
have all necessary powers with respect to any such matters as aforesaid.
Description of Carriages.
20. The Promoters may use on the said Railway carriages with flange wheels,
and, subject to the provisions ot this Order, the Promoters shall have tlie
exclusive use and control of the said Kailway.
67. I
66 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
/ orm of Rail.
21. The form of the rail shall he siiuilar to what is now used and laid on and
ihroug'ii the Company's Railway between the city of Dublin and the town of
Galway.
Roof Loading.
22. No passenger or goods shall de carried on the roof of any carriage, except
by the permission of the Board of Trade, and subject to any conditions which
they may impose.
Motive Power.
23. The carriages used on the said Railway may, subject to the provisions of
this Order, be moved by locomotive engine.-, steam, electricity, or any mechanical
or other power. The exercise of tbe jtowers hereby conferred with respect to
tbe use of steam, electiicify, or any met banical or other power, shall be subject
to any regulations which may he prescribed by any Order which the Board of
Trade may, and which tiiev are hereby empowered to make from time to time,
as and when they may think fit, for securing to the public all reasonable
protecLion against danger, in the exercise of the powers of this Order conferred
with lespect to the use of steam, electricity, or any mechanical or other power
on the said Railway.
Fences and Walls.
24 Before the Railway shall he opened for traffic, the Promoters shall erect
and complete all such new fences, railings, anil walls, and strengthen, improve,
and alter all such existing fences, railings, or walls as may be necessary to make
the Railway safe for the use of the public, a id shall thereafter maintain and
keep the same in good order, repair, and condition ; and the Promoters shall be
subject to the obligations imposed upon Railway Companies with respect to
woiks for the accommodation of lands adjoining the Railway, as provided by the
Railways Clauses Consolidation Act, 1845, incorporated herewith.
Costs of Order.
25. The costs, charges, and expenses of obtaining this Order, including the
expenses of the Grand Jury in relation thereto, shall he paid by the Promoters.
Keeping of Accounts
26. The Promoters shall keep full, true, and distinct books of accounts
showing the capital of the undertaking, and its receipts from every source, and
its expenditure ; and they shall keep and preserve all receipts and other
documents necessary for vouching the same ; and shall at ail times ])roduce the
said hook<, receipts, and documents for the inspection of such person or persons
as the board of Public Works in Ireland may from time to time appoint to
examine the same.
Treasury Agreement.
27- The Ageeroent made between the Lords Commissioners of Her Majesty's
Treasury of the first part, the Commissioners of Public Works in Ireland of the
second part, and the Promoters of the third part, dated the 26th day of November
1890, relating to the capital for the construction and equipment of said Railway,
which is set out in the Second Schedule to this Order annexed, is hereby
confirmed.
Power to raise additional Capital.
28. In case the aid given as a free grant for the construction and equipment
of said undertaking, by the agreement in the last preceding section of this Order
mentioned, shall be insufficient to fully and properly construct, finish, and equip
the
MA.DE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 67
the proposed Railway, and it thereby becomes necessary for the Promoters to
contribute to the cost of so doing, or should the Promoters find it necessary at
any time, after said Railway has been constructed, finished, and equipped, as
aforesaid, to expend other monies for tlie general purposes of the undertaking,
being purposes for which capital may be expended, the Promoters being the
Midland Great Western Railway of Ireland Company, and as such Ct)mpan3'
may from time to time, subject to the pr.irisions of Part II. of the Companies
Clauses Act, 1863, raise any additional capital not exceeding in the whole
35,000 /., by the creation and issue, at their option, of New Ordinary Shares
or Stock, or New Preference Shares or Stock, or of Debenture Stock of the said
Company, or wholly or partially by any one or more of those modes respectively.
The Shares or Stock to be created under this section when is-^ued to rank pari
passu with the similar present Shares or Stock of the said Company.
Provisions for securing the Completion and Maintenance of the Railway.
29. The Promoters shall complete the undertaking within the time limited
by this Order, and shall at all times efficiently work the undertaking, and shall
at all times maintain and keep in good condition and repair the rails of which
the Railway for the time being consists, and the sub structure opon uhich the
same rest.
Arbitration.
30. If any difference shall arise between the Promoters on the one iiand, and
anv Corporation, County Surveyor, or other body or person, 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 in relation to the
Railway and works, or in relation to any proceedings or work of such
Corporate Body or County Sui veyor, or other person, 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 or ought reasonably to satisfy such fmrporate
Body, County Surveyor, or other person concerned, or with respect to any
other subject or thing, the matter in diflerence may be settled by a Referee
nominated by the Board of Trade on the application of either party, and the
expense and co>ts of such le'erence shall be borne and paid as the Referee shall
direct.
Application of Post Office {Parcels) Act, 1882.
31. The Post Office (Parcels) Act, 1882, shall apply to the said Railway,
which shall be deemed to be a Railway, and the Piomoters a Railway Company
within the meaning ofthat Act.
Provision for Protection of the Postmaster General, in the event of the Railway
being worked by Electricity.
32. In the event of the said Railway being worked by electricity, the
following provisions shall have effect.
(1.) The Promoters shall construct their electric lines and other works
of all descriptions, and shall work their undertaking in all respects with due
regard to the telegraphic lines from time to time used or intended to be
used by Her Majesty's Postmaster General, and the cnrn nts in such
telegraphic lines, and shall use every reasonable means in the construction
of their electric lines and other works of all descriptions, and the working
of their undertaking, to prevent injurious affc< tion, whether by induction
or otherwise, to such telegraphic lines, or the currents therein. If any
question arises as to whether the Promoters have constructed their electric
lines or other works, or work their uudertaking in contravention of this
sub-section, such question shall be determined by arbitration, and the
Promoters shall be bound to make any alterations in or additions to their
s)stem which may l>e directed by the aibitrator.
(2.).—{a) Before any electric line is laid down or any act or work for
working the said Railway by electricity is done within ten yaids of any
part of a telegraphic line of the Postmaster General other than repairs, or
67. I ^ the
CÜPllíS OP ORDERS IN COUNCIL, AND AGREEMENTS
the laying of lines crossing the line of the Postmaster General at right
angles at the point of shortest distance and so continuing for a distance of
six feet on each side of such point), the Promoters, or their agents, not
more than twenty-eight nor less than fourteen days before commencing
the work, shall give written notice to the Postmaster General specifying
the course of the line and the nature ot the work, including the gauge of
an\ wire, and the Promoters and their agents sliall conform with such
reasonable requirements (eitlicr general or special) as may from time to
time be made by the Postmaster General for the purpose of preventing any
telegraphic line of the Postmaster General fi om being injuriously affected
by the said act or work.
{b) An\ difference which arises between the Postmaster General and
the Promoters or their agents with respect to any requirements so made
shall be determined by arbitration.
(3.) In the event of any contravention of or wilful non-compliance with
this section by the Promoters or their agents, the Promoters shall be liable
to a fine not exceeding ten pounds for every day during which such
contravention or non-compliain e continues, or if the telegraphic communi¬
cation is wilfully il terrupted, not exceeding fifty pounds for every day on
which such interruption continues.
(4.) Provided that nothing in this section shall suhject the Promoters or
their agents to a fine under this seciion, if tiiey satisfy the court having
cognizance of the case that the immediate doing of the act or execution of
the work \\as required to avoid an accident, or otherwise was a work of
emergency, and that they foithwith served on the Postmaster or Sub-
Postmaster of the postal telegraph office nearest to the place where the act
or work was done a notice of ihe execution thereof, stating the reason for
doing or executing the same without previous notice.
(5.) For the purposes of this section a telegraphic line of the Postmaster
General shall be deemed to be injuriously affected by an act or work if
telegraphic communication by means (d' such line is, wdiether through
induction or otherwise, in any manner affected by such act or work, or by
any use made of such work.
(6.) For the purposes of this section, and subject as therein provided,
sections two, eight, nine, ten, eleven, and twelve of 'The Telegraph Act,
1878," shall l)e deemed to be incorporated with this Order, as if the
Promoteis were undertakers «ithiu the meaning of those sections, without
prejudice nevertheless to any operation which the other sections of the said
Act would have had if this section had not been enacted, and, in particular,
nothing in this section shall be deemed to exclude the provisions of section
seven of the Telegraph Act, 18/8, in relation to the matters mentioned in
that section.
(7.) The expression "electric line" has the same meaning in this
section as in the Electric Lighting Act, 1882.
(8.) Any question or difference arising under this section which is
directed to be determined by arbitration shall be determined by an
arbitrator appointed by the Board of Trade on the application of either
party, whose decision shall be final, and sections thirty to ihirty-two, both
inclusive, of the Regulation of Railways Act, 1868, shall apply in like
manner as if the Promoters or their agents were a Company within the
meaning of that Act.
(9.) Nothing in this .section contained shall be held to deprive the
Postmaster General of any existing right to proceed against the Promoters
by indictment, action, or otherwise, in relation to any of the matters
aforesaid.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, IB89." 6g
Wor^s below high-water mark not to he commenced without consent of
Hoard of Trade.
33. 1 lie Promoters shall not construct on the shore of tiie sea, or of any
creek, bay, arm of the sea, or navigable river communicatina tlierewith, where
and so far up the same as the tide flov\s and re-flows, any work without the
previous consent of ihe Board ol Trade, to be signified in writing under the
hand of one of the Secretaries or Assistant Secreiaries of the Board of Trade,
and tiien only according to such plan and under such restrictions and regulations
as the Board of Trade may approve of, such approval iieing signified as last
aforesaid ; and where any such work may have been constructed, the Promoters
shall not at any time alter or extend the same without obtaining, previously to
making any such alteration or extension, the like consents or approvals. If any
such work be commenced or completed contrary to the provisions of this Order,
the Board of Trade may abate and remove the same, and restore the site
thereof to its former condition at the cost and charge of the Promoters, and ihe
amount of such costs and charges shall be a debt due from Ihe Promoters to
the Crown, and shall be recoverable accordingly with costs.
Saving Rights of the Crown in the Foreshore.
34. Nothing contained in this Order shall authorize the Promoters to take,
use, or in any manner interfere with any portion of the shore or bed of the sea,
or of any river, channel, creek, bay, or estuary, or any right in respect thereot,
belonging to the Queen's Most I'.xcellent Majesty, in right of Her Crown, and
under the management of the Board of Trade, without the previous consent in
writing by the Board of 1 rade on behalf of Her Majesty (which consent the
Board of Trade mav givej ; neither shall anything in ihis Order contained
extend to take away, prejudice, diminish, or alter anv of the estates, rights,
jjrivileges, powers, or authorities vested in or enjoyed or exercisable by the
Queen's Majesty, Her Heirs or Successors.
Saving Rights of the Crown under Crown Lands Act.
35. Nothing contained in this Order, or to be done under the authority
thereof, shall in any manner afiect the title to any of the subjects, or any rights,
powers, or authoritii s mentioned in or reserved by Sections 21 and 22 ot the
Crown Lands Act, 1886, and belonging to or exercisalde by Her Majesty, Her
Heirs or Successors.
Copg of Map, Plan, and Book of Reference to be lodged with Board of Trade.
36 Within one calendar month from the date of this Order the Promoters
shall lodge with the Board ot Trade one copy of the Map and Plans describing
the Railway, together with one copy of the Book of Reference.
Labourinq Classes Dwellings.
37. The Promoters shall not, under the powers of this Order, without the
consent of the Local Government Board for Ireland, purchase or acquire, in any
urban sanitary district, as defined by the Public Health (Ireland) Act, 1878,
ten or more houses which, after the passing of this Order, have been, or are
occupied either wholly or partially by persons belonging to the labouring class
as tenants or lodgers.
For the purposes of this clause, the expression " labouring class " includes
mechanics, artizans, labourers, and others working for wages; hawkers,
costermongers, persons not working for wages, but working at some trade or
handicraft without employing others except members of their own family ; and
persons, other than domestic servants, whose income does not exceed an average
of thirty shillings a week, and the families of any such persons who may be
residing with them.
Incorporation of Acts.
38. The Lands Clauses Consolidation Act, 1845 ;the Land Clauses Consolida¬
tion Acts Amendment Act, 1860 ; the Railways Clauses Consolidation Act, 1845 ;
the Railways Act (Ireland), 1851; the Railways (Ireland) Act, 1860; the
Clearing Act (Ireland), I860; the Railways (Ireland) Act, 1861 ; the Railway,
67. I .3 Clauses
7ü COPIES OF ORDEKS LN COUNCIL, AND AGREEMENTS
Clauses Act, 1863; and the Railways Traverse Act ; the Companies Clauses Acts,
1845 and 1863; the Railways Act (Ireland) 1864; the Regulation of Railways
Act, 1868 ; the Board ofTrade Arbitration Act, 1874, shall, subject to the
provisions of tile Tramways (Ireland) Acts, be incorporated with this Order,
except where the same are expressly varied bv this Order. The provisions of
the said Acts directing deposits to be made with tlie Clerks of the Peace (except
the provisions relative to access to the Spe<'ial Act\ an ! with Clerks of Poor
Law Unions and Postmasters, and the provisions with respect to the use of
locomotive engines, or other moving power, not being animal power, are hereby
excepted out of the incorporation hereinbefore made.
hiterjnetation.
39. In this Order the several wards, terms, and expressions to which
meanings are assigned hy the Tramway.s (Ireland) Acts and the Railways
(Ireland) Acts have the same meanings respectively assigned to them by the
said Acts. Provided that in this Order the expression " the Railway " and " the
Undertaking " shall mean respectively " the Light Railway, Railway and works,
and the Undertaking authorised by this Order." Provided also that in this
Order the term " the Tramways (Ireland) i^cts" means the Tiamways (^Ireland)
Act, 1860 ; the Tramways (Ireland) Amendment Act, 1861 ; the Act 34 & 35
Vict. c. 114; the Act 39 & 40 Vict. c. 65; the 45 & 46 Vict. c. 17; the
46 & 47 Vict. c. 43; the Tiamways (Ireland) Amendment Act, 1881 ; and the
Tramways and Public Companies (Ireland) Act, 1883; the l.ight Railways
(Ireland) Act, 1889; and the Raiiwa\s (Ireland) Act, 1890, and for the purposes
of this Order the expression "the Special Act," "the Undertaking," "the
Railway," and " the Company " respectively in any of the. Acts incorporated
herewith, shall have the meanings respectively assigned to them by Section 20 of
the Tramways Ireland) Act, 1860.
Short Title.
40. Ih is Order may be cited for all purposes as the Westport to Mallaranny
Radway Order, 1890.
Given at the Council Chamber, Dublin Castle, the 1st day of December
1890.
Ashbourne, C.
West Ridgeway.
Robert R. Warren.
William O'Brien.
FIRST SCHEDULE referred to in the foregoing Order.
Presentment by the Grand Jury of the County of Mayo.
COUNTY OF MAYO—To Wit.
Special Assize, 1890.
Acts 6 & 7 Wm. lY. c. 116 ; 23 & 24 Vict. c. 152 ; 34 & 35 Vict. c. 114 ;
44 & 45 Vict. c. 17 ; 46 & 47 Vict. c. 43 ; 52 & 53 Vict. c. 66 ; 53 & 54 Vict.
c. 52.
Whereas it is proposed by the Midland Great Western Railway (of Ireland)
Company duly incorporated in that behalf, and having their Railway open for
traffic, hereinafter called " the Promoters," to construct, maintain, equip, and
work by locomotive engines or other mechanical power, a Light Railway or a
Railway from the town of Westport, in the county of Mayo, to Mallaranny, in
the said county of Mayo, hereinafter called " the Undertaking," and which is
described and specified in the Plans, Book of Reference, and Sections deposited
with the Secretary cf the Grand Jury of the County of Mayo by the said
Promoters :
And whereas it is proposed that the Undertaking shall run through the
parishes of Oughaval, Kilmeena, and Burrishoole, in the county of Mayo ;
And
MADE UNDER "THE I.TGIiT RAILWAYS (IRELAND ACT, 1889." 71
And whereas the requirements coniained in the Tramways (Ireland) Acts,
the Light Railways (Ireland) Act, 1889, and the Railway (Ireland) Act, 1890,
have been complied with, and the Grand Jury of the Counry of Mayo have didy
inquired into the merits of the said Undertaking ;
Wow we, the Grand Jury of the County of Mayo, hereby sanction and approve
of the said Undertaking ; and we hereby present and direct that the Promoters
shall be at liberty to construct, maintain, equip, and work by locomotive
engines, or other mechanical power, the said Undertaking in and through the
said County of Mayo, in the diiections, in manner, and according to the levels
specified and described in the Plans, Books of Reference, and Sections relating
to said Undertaking, deposited by the Promoters with the Secretary of the
Grand Jury of the said Counts of Mayo.
For self and fellows,
24 November 1890. J. T. Browne, Foreman.
SECOND SCHEDULE referred to in the foregoing Order.
The Agreement with the Treasury and the Board of Works.
Agreement made the 26tli day of November 1890, between Sir Herbert
Eustace Maxwell, Bait., m.p., and the Hon Sidney Herbert, m.p., two of the
Lords Commissioners of Pier Majesty's Treasiiiy, hereinafter called the Treasury
(which expression shall include, the survivor of them and the Executors,
Adminstrators and Assigns of such survivor whei e the context so requires or
admits) of the first part. Lieutenant Geueial Richard llieram Sankey, r.e., c.b. ;
M illiam Richard Le Fanu, Esq.; and Samuel Cssher Roberts, Esq., c.b.,
the Commissioners of Public Works in Ireland (hereinafter called the Board of
Works), which expression shall include the survivors and survivor of them, and
the Executors, Administrators and Assigns of such survivor where the context
so lequires or admits) of the second part, and the Midland Great Western
Railway (d' Ireland Company (hereinafter called the Company, which expression
shall include their Successors and Assigns where the context so requires or
admits) having their principal office at the Broadstone Station in the Citv of
Dublin, of the third part :
Whereas the Comjiany being an Irish Railway Company, having a Railwav
opin for traffic, are Promoters of the Railway undertaking known as the
\\ cstport to Mallarauny Railway, the particulars whereof are specified in the
Grantl Jury Presentment hereinafier mentioned, which Railway is hereinafter
referred to, sometimes as the Undertaking, and snmelirnes as the Railway ;
And whereas the Railwav is one of the Light Railways mentioned in the
First Schedule of the Railways (Irland) Act, 1890, hereinafter called the Act
of 1890 :
And where:.s under the provisions of the Act of 1890, and an Order of the
Lord liieutenant in Council, dated 3rd day of October 1890, the Sheriff'of the
County of Mayo, duly empanelled the Grand Jury of the County of Mayo,
pursuant to the provisions of the same Act, on the 24th day of November 1890 :
And wnereas the Company under the provisions of the Tramways (Ireland)
Acts as defined by the Act of 1890, and the Act of 1890 itself, applied to the
Grand Jury assembled as aforesaid, for their approval of the Undertaking, aud
the Gl and Jury in exercise of'the Statutory powers enabling them by Presentment,
dated the 24th day of November 1890 (hereinafter c dled the Presentment),
approved of the Undertaking and authorized the Company to construct,
maintain, and work the same, subject to such modifications (if any) as should be
required or approved by the Lord Lieutenant in Council ;
And whereas in pursuance of the provisions of the Light Railways (Ireland)
Act, 1889, hereinafter called the Act of 1889, the Loid Lieutenant by Order in
Council has declared that it is desirable that a Light Railway should be
constructed between (amongst other places) WestporL and allaraniiy for the
deveh'pment of Fisheries and other Industries, but that owing to the circumstances
of the district special assistance from the State is required for its construction,
and further declared tliat the provisions of the Act of 1889 should apply to such
Light Railway :
h7- I 4 And
72 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
And whereas the Report of the Board of Works made upon the inquiry
di'-ected by the 9th Section of the Tramays (Ireland) Act 1860, as altered hy
the 7tli Section of the Act of 1889, approved of the Undertaking as set forth
and presented for in the Presentment.
And whereas the Treasury in pursuance of the Act of 1889, have agreed to
sanction the Underieking and to aid the same out of monies to be provided by
Parliament either with a free grant of a capital sum not exceeding 131,400/. or
in the alternative at the option of the Treasury, by an annual payment
equivalent to Three Pounds per cent, on such capital sum redeemable by a
payment by the Tr> asury to the Company of the capitalized value of such
annual payment calculated at the rate of 33'3 years' purchase, or partly iu one
way, and partly in the other, and subject in any case to the observance by tlie
Company of the terms and conditions as to the construction, maintenance,
execution, and working of the Ui.denaking, and as to the other matters relating
thereto hereinafter aiipearing ;
Now these presents witness that in exercise of tlie Statutory Powers in the
Act of 1889 and every other power enabling them in that behalf, it is hereby
agreed and declared between and by the Treasury and the Company, and as a
separate agreement it is also hereby at;reed and declared between and by the
Board of Works and the Company as follows, that is to say ;—
Sanction of Undertaking.
I. The Treasury hereby sanction the Undertaking as approved by the Board of
Works.
Power to construct Railway other than Light Railway
II. Tiie Treasury in exercise of the [¡ower in the Act of 1890, enabling them,
hereby consent that it shall be lawful for the Company to construct, maintain,
and work under this Agieement a Railway other than a Light Railway.
Completion of the Undertaking.
III. The Company shall co)istruct and complete the Hallway, including the
permanent way and all stations, works, and conveniences in connection there¬
with, within ihe time limited hy the Order of the Lord Lieutenant in Council,
and in accordance with the depositea plans and sections as modified hy the
working plans, sections, and specifications herein mentioned, and subject to such
further modifications as may from time to time be sanctioi ed by the Board of
Works, and the Company shall, incase the Parliamentary Grant be insufficient
to fully and propel ly consti net and finish the proposed Railway, contribute to
the cost of the construction of the Undertaking such a sum of money as shall be
sufficient to fully construct and finish the same, and they shall construct the
Railway in such a u anneras shall be suitable for the existing Ri Hing ¡Stock of
the Midland Great Western Railway of Ireland Company, and so as to enable
the Railway to be worked as an intcgial part ot the Midland Great Western
Railway of Ireland Company's system fur ever.
Order in Council.
IV. The Company shall forthwith obtain an Order of the Lord Lieutenant in
Council (hereinafter called the Order) confirming this Agreement, and
authorizing the Conqiany to coiitribuie to the construction of the Railway as
hereinbefore mentioned.
.Application of Advances, 8fc.
V. Upon obtaining the Order the Company shall proceed to construct the
undertaking and apply the monies to be provided by Parliament (hereinafter
called the Parliamentary Grant) to and for the purposes in the manner and
proportions ; and subject to the approval and conditions hereinafter mentioned,
that is to say -
The Treasury will advance to the Company such sums out of the
Parliamentary Grant as the Board of Works shall from time to time
certify for.
Such
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 73
Such advances shall be in sums of not less than 5,000/. at a time, and
before being entitled to payment of the last advance to be made out of the
Parliamentary Grant the Company sbali complete and finish the Lbider-
taking to the satisfaction of the 1 oard of Works and open ibe same for
traffic.
Alternative Clause.
VI. In case the Treasury shall so desire and shall signify such desire in
wiiting to the Company, the provisions as regards the Parliamentary Grant
hereinbefore contained shall cea^e to b í applicable to the aid hereby agreed to
be afforded to the Company, and the last preceding clause of this Agreement
shall thereupon be deemed to he cancelled and in substitution therefor the
following provisions shall a])p!y ■
The Treasury will pay to the Company or their Attorney lawfully
authoiised, an annual sutii hereinafter referred to as the inteiim annuity,
equivalent to 3/. per cent, on the amount of money from time to time due
by the Company to the Royal Bank of Ireland (Limited), on foot of
advances agreed to be made by the said Bunking Company to the Company
on the security of the said aunual sum, which advances are hereinalter
referred to as the Banker's advances, and after the undertaking has been
completed and opened for traffic as aforesaid will pay to t'le Company an
annual sum equivilent to 3 / per cent, on the total amount of the Banker's
advances, hereinafter called the annuity in aid.
The payment of the annuity in aid and the interim annuity shall be subject
to the following conditions : —
1st. The Banker's advances shall have been previously applied for the
purposes of the Undertaking, and such expenditure certified for by the
Board of Works.
2nd. The Banker's advances shall he in amounts of 5,000 I. at least, and
the said 3 /. per cent, sliall be payable in respect of each advance from the
date of payment thereof by the Bank to the Company, with this qualification,
that the annual sum of 150 the final portion of the annuity in aid, shall
not he payable or begin to accrue until the Undertaking has been
completed and finished to the satisfaction of the Board of Works and
opened for Traffic.
3rd. The annuity in aid and tlie interini annuity shall be payable on
the 5th of April and 5th of October in every year.
Mixed Aid.
VII The aid hereby agreed tobe afforded to the Cumpauy may in case the
Treasury so desire be partly by way of grant and partly by way of an annual
payment calculated at the rate of 3 /. per cent on such porti.m of the said sum
of 131,400 I. as the Trea'^ury do not desire to advance to the Company by way
of capital advances.
And in such case the provisions hereinbefore contained with respect to the
Parliamentary Grant shall mutatis mutandis apply to the capital advances to
the Company, and the provisions with respect to the interim annuity and the
annuity in aid shall wnr/i/a/Z/s apply to the animal payment under this
clause.
Redem¡)tio7i of Atinuit^.
VIII. In case the Treasury shall on or at any time alter the 5th of April
1892, be desirous of redeeming any annual sum payable under tliis Agreement or
any jiart thereof not heing less than 150 /. a year, and shall give to the Companv
on the 5th of Apiil 1892, or any succeding 5th April, twelve calendar months'
notice in writing of such desire, then and in such case the Company will upon
the expiration of the said twelve months on receiving from the Treasury full
payment of such annual sum, or part to be redeemed, and all arrcrirs up to and
67. K including
74 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
including the (lay of redemption, and on receiving from the Treasury payment
of the capitalized value of such annual sum or part to be redeemed calculated
at the rate of 33"3 years' purchase, in full discharge and satisfaction of the
same, lelense the Treasury fiom all further payment of the same which shall
thereupon cease and determine.
Any such redem])tion as aforesaid may with the consent of the Directors
for the time being of the Company be made with less than twelve months'
notice, or without notice, or be n ade of a less sum than 150 I. a year.
Conditions of Expenditure.
IX. The expenditure of all monies by the Company for the purposes (jf tlie
Undertaking shall be subje< t to the following conditions :
(1) The money shall be applied for the purposes of the Undertaking in
a manner ajtpr-oved of by the Board of Works.
(2) The expenditure of all money shall be vouched to the satisfaction
of the Board of Works.
(3) The appointment of a land vauler shall be subject to the approval
of the Board of Works.
(4j The Board of Works with the sanction of the Treasury shall appoint
an engineer to inspect and report to them from time to time on the works,
hereinafter called the Inspecting Engineer.
Working Plans and Specifications.
X. The Working Plans, Sections, and Specifications for ihe Line of Railway
and Bridges, the Design and Specification for all Station Buildings, and any
material modifications of the Works hereinafter mentioned, which Line of
Railway Bridges and Station Buildings are herein referred to as the Works,
shall from time to time, when prepared by the Company's Engineer, be lodged
with and sid^mitted to the Board of Works for ilieir approval.
Covenant to complete, iktc.
XI. The Company hereby covenants with the Treasury that in case the aid
hereby agn ed to be afibrded whether by way of grant or annual payment, or
parily in one way and partly in the other, Le found insufficient to complete the
Works and ojten the Hallway for traffic, in accordance with the provisions of
this Agreement and to the satisfaction of the Board of Trade, thev will raise
and expend all such further sums of money as may be necessary, and will
complete and open the Railway for traffic as afovesaiil. Provided always that
if the said aid shall be more than sufficient to complete and open the Railway
as aforesaid such aid shall be proportionately reduced, it being the true intent
and meaning of these presents that the Treasury shall not under any circum¬
stances be bound to contribute any monies beyond what is necessary to enable
the Company to comjtlere and ojven the Railway.
Maintenance.
XII. So soon as the Railway shall have been completed and opened for
traffic, the Company hereby covenants with the Treasury to work and manage
the sanie in an efficient and substantial manner and also to maintain the same,
such maintenance.to include the construction of such additional sidings and
other works and convenienc s (if an\). as may fix m time to time be required
for the public accomnn dation (if the same shall become necessary by reason
of increa.'^ed tiaffic) in good order, repair, and condition, and opened for public
traffic for e\ er.
Trajfic Provisions.
XIII. Ilm Company hereby covenants with the Treasury ihat so smm as
the Undertaking is opened fur traffic they, die Company, will for ever there¬
after tun at least tw o traim-each way carrying jiassengers (and in case mixed
trains
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 75
traiiib are not allowed by the Boar J of Trade) one ^oods train also on week
days between Westport and Mallaranny at such times as will in the opinion
of the Board of Trade afford all reasonable and requisite facilities lor through
transit.
Indemnity, Treasury and Board of 11 Orks.
XIV. Nothing berein contained shall charge, affect, or incumber the real or
personal estate of the parties hereto of the 1st and 2ii'l parts, tliev having
executed these presents only in their respective c qiacities of Lords Com-
misioners of Lier Majesty's Treasury and Commissioners of Public Works in
Ireland, and having no personal interests therein.
Construction of Agreement.
XV. The Treasury shall be sole judges of the construction of this Agree¬
ment and of all matters and things therein referred to, save as regards the
Working Plans, Specifications, and Designs or the works to be executed under
this Agreement in which case should the Company's Engineer and the Inspect¬
ing Engineer disagree, the matter in dispute shall be settled by an appeal to the
Board of Trade on the application of cither ])arty, and the decision of the Board
of Trade thereon shall be ñnal.
In witness whereof the parties aforesaid of the first and second parts
have set their bauds and affixed their seals, and the ta)mpany has here¬
unto affixed its corporate seal the day and year first herein written.
Signed, sealed, and delivered by Herbert
Eustace Maxwell and Sidney Herbert, two of
the Lords Commissioners of Her Majesty's
Treasury in presence of
George A. Stevenson,
H.M. Treasury, AVhitehall.
Herbert Eustace Maxwell. {Seal.)
Sidney Herbert.
(^Seal.)
Signed, sealed, and delivered by Richard
H ieram Sankey, Commissioner of Public W orks
in Ireland, in presence of
Christopher Ciiol.meley Puller,
Clerk in the Treasury,
London, S.W.
R. H. Sankey.
W. R. Le Fanu.
S. U. Roberts.
( S'eal. )
(Seal.)
( Seal.)
The corporate sea! of the Midland Great
Western Railway of Ireland Company was ¡
affixed hereto in the presence of
George Wm. Greene,
Secretarv.
Signed, sealed, and delivered by William
Richard Le Fanu and Samuel Ussher Roberts,
Commissioners of Public Works in Ireland, in
presence of
W. M. Lane, Solicitor,
Office of Public Works,
Dublin.
67, K 2
76 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
THIRD SCHEDULE referred to in the foregoitig; Order.
Notice coxvening Meeting of Midland Great Western ICailway of
Ireland Company's Shareholders, and the Resolution passed at
said .\i e eti no.
MIDLAND GREAT WESTERN RAILWAY OF IRELAND COMPANY.
Extraordinary Meeting of Proprietors.
Notice is hereby liiven, that an Extraordinnry (ieiieral Meeting of the
Propri't' rs of the Midland Great Western Railway nf Ireland Company will be
held at the Company's Office, Broadstone Station, Dublin, upon I'ui sday, the
4th Day of Noveaiber 189Ü, at the hour of one o'clock in the afternoon, for
tlie purpose of consid ting, and, il thought tit, approving of three proposed
Orders in Council, which the Company are seeking to obtain from the Lord
Lieutenant in Council, under the Tramways (Ireland) .Acts, the Light Railways
(Ireland) Act, 1889, and the Railways (Ireland) Act, 1890, to authorise the
Company to make certain Railways, viz :—Galway to Clifden ; Westport to
Mallaranny ; and lb llina to Killala ; with power, under certain circumstances,
to raise additiomd t apital as in said Draft (frders in Council is expresse 1 ; and
also of tliree Agreements proposed to be made and entered into under the
provisions of the Acts afore>aid, between Her Majesty's Treasury and the
Company for the construction, maintenance, equipment, and working by the
Company of the said Railways, on the terms and conditinns set foith in said
Orders in Council and Agree i ents, and to authorise the Directors to piocure
such Orders in Council, and to execute such Agreements with any modifications
of same they may deem advisable, and to do all acts necessary for carrying
out the purposes of said Orders in Council and Agreements.
Dated this I5th day of October 1890.
Bv Order, Ralph S. Ccsack, Chairman.
Geo. Wm. Greene, Secretary.
Broad-tone Station, Dublin.
MIDLAND GREAT WESTERN RAILWAY OF IRELAND COMPANY.
Tramways (Ireland) Acts, the Light Railways (Ireland) Act,
1889, and the Railways (Irei.and) Act, 1890.
An Extraordinary General Meeting of the Proprietors of the Company was
held at their offices, Breadstone Station, Dublin, on Tuesday, 4th November
1890, pursuant to notice, iluly published, when the proposed Order in Cbmncil
and Agreement, as authorised by the foregoing Acts, were submitted for con¬
sideration and approval.
Sir Ralph S. Cusack, d.l., Chairman of the Company, in tiie Chair.
Proposeii by the Chairman,
Seconded by Robert Warren, Esq., d.l ; and unanimously resolved—
"That the proposed Order in Council for the construction, maintenance, equip¬
ment, and working by the Company of a Railway from ^Vestpoi t to Mallaranny,
marked B., and now submitted to the proprietors of tlie Midland Great Western
Railway of Ireland Company, and also the Agreem -nt proposed to be enlered
into under the Tramways (Ireland) Acts, the Light Railways (Ireland) Act,
1889, and tlie Railways (Ireland) Act, 1890, between lier .Majesty's Treasury
and the Company in respect of said Railway, are hereby respectively
approved."
''And the Directors of the Company are hereby autliorlsed to procure said
Order in Council, and to execute said Agreement with such modifications of
same res|)cctively as they mav deem a Ivisable, and to do ail acts necessary
for earning out the purposes of said Order in Council and Agree.iient."
Ralph Cus.vck, Chairman.
Geo. Wm. Greene, Secretary.
MADE UNDEÜ "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 77
FOURTH SCHEDULE relerred to in the foregoing Order.
A Railway commencino- by a jarictiou with the line of the Midland Great
VCe&tein Railway of Ireland Company (formerely the Great Northern and
Westein of Ireland Railway Company) at a point on their Railway^ opposite
the westtrn face of the goods store, in Wesport Station, 15 feet or thereabouts,
measured in a south-westerly direction from the south-west corner of same, in
the tosvnland of Killagho-ar, and continuing through the townlands of
Caheinamart, Knockranny, ('armwbeg, Goitaroe, Decrpark East, Aitireesh,
in the parish of Oughaval ; the townlam's of Slatigar, Creggaunnaborna,
W'estpurt Demesne, Derrynanali, Slnmvalh beg, Deriwlea, Bocullin, Contea,
Dn iiuard. Cross, Knockychottaun, Knockysprickaun, Clnnnee, Knocknaboley,
Rosdooaun, Got tawala, Shandruin, in the parish of Kilmeena ; the towidands
of Corragun, Catrowmore, Kilbride, Muliaun, Carrowbaun, Newport, Knuck-
nageeha, Drumbrastle East, Drumbrastle West, Derryloughanmore, Cahergal,
Aghad(,oey Glebe, Kiltarnagh, Carrowkcel, Corraunboy, Deriadda, Knock-
alegan, Doontrusk, Derrycoohlrim, Carrow^^ll;igh, Knockbreaga, Cai lieenlu'ack,
Meennacloghfinny, Knockmanus, Newfield, Rosgalli, Sraiiacorick, Glenn-
amaddoo, Rosturk, Bunnahowna, Mutrevagh, Maiiaranny, in the 1 arish of
Burrishoole, and terminating at a point in the towniand of Maiiaranny, 1,000
feet or thereabouts, measured in a westerly direction, from the centre of the
bridge over the srreatn, at the potmd tn the village of Maiiaranny, in the
parish of Burrishoole, and all in the county of Mayo, or some of them.
BALLINA TO KILLALA RAIUÙ AY ORDER, 1890.
By the Lord Lieutenant and Privy Council in Ireland.
ZETLAND.
M'hereas the Lords Justices General and General Governois of Ireland, l)y
an Order in Council made the 22nd day of August 1890, pursuant to the pro¬
visions of the Lighi Railways (Irelaiîd) Act, 1889, declared that it is desirable that
a Light Railway should be constructed between Ballina and Killala, both in the
county of Ma\o, for the development of fisheries and other industries, but
that owing to the circumstances of the district special assistance from the State
is required for its construction, and fuither declared that the provisions of the
said Act should be applicable to such Ligbt Railway :
Ami whereas the Grand Jury of the County of Ma^o, at a Special Assize cw
Meeting of said Grand Juiy, held on the 24th day of November 1890, acting in
executi n of ihe powers vested in them by the Tramways (Ireland) Acts, as
defined by this Order, made the presentment which is set out in the First
Schedule to this Order, and thereby approved oi the construction of a Light
Railway or Railway from Ballina to Killala, to he worked by locomotive engines
or other mechanical power :
And whereas, on the 25th dav of November 1890, the Midland Great Western
Railway of Ireland Company, being the Promoters of the said Undertaking,
presented a Memorial to the Lord Lieutenant in Council, piaying for an Order
to authorise the construction of the said Light Railway or Railway mentioned
in such Memorial, and to confirm the said Presentment and Resolution, and also
the Agreement made between the Lords Commissioners of 1 ier Majesty's Treasury
of the first part, the Commissioners of Public Works in Ireland, of the second
part, and the Promoters of the tldrd part, under the .Acts aforesaid, whereby
assistanci' from the State was agreed to be given as therein mentioned, and
which IS set out in the second Schedule to tins Order :
And wiiereas the Midland Great Western Railway of Ireland Company has
established to the safisiaction of the Lord Lieutenant in Council that a copy of
the proposed Order was submitted to the proprietors of the said Railway Com¬
pany at a meeting duly convened and hehl specially for that puipose, and
approved by such meeting as more particularly mentioned in the third Schedule
07. ^3 to
7R copies of orders in council, and agreements
to this Olde r, and iliat all matters and things have been done and have happened
and all times have elapsed, which, if such Order were a Bill promoted in
Parlianu nt, should have been dune and hajipened and elapsed in order to con¬
stitute compliance with die Standing Orders of Parliament, applicable to Bills
promoted hy Railway Coinj)anies for the like purposes as those referred to in
the 5th Section of the Light Bailways (Ireland) Act, 1889.
And it ayjpears to the Lord Lieutenant in Council that it i-; expedient lo make
the Order following; —
Therefore it is ordered by the Loi'd Lieutenant General and General Governor
of Ireland, hy and with the advice of Her Majesty's Privy Council in Ireland :—
Promoters.
1. 'J'he Midland Great Western Railway of Ireland Company, a Company
duly incor])orated in that behalf, and having: their railway opened for traffic,
shall be the Promoters for the purposes of this Order, and the said Company and
their assigns are in this Order referred to as '■ the Promoters."
Power to Construct Line.
2. The Promoters may' con.-truct, raaintnin, (cpiip, and work by locomotive
enyiius or othrr inec! anical power, subject to ihe provisions of this Order and
of :he Acts incorporated herewith, save a« herein excepted, the Light Railway
or I he Railway described in the Fourth Schedule to this Order in the directions
and levels, with p iwers of lateral deviation within the limits of deviation specified
and de>cribed in the plans deposited, in resprctofthe application for this Order,
with the Secretary of the Grand Juiy of the County Mayo, and of vertical
deviation from the levels shown on the sections so deposited (hereinafter called
the deposited Plans and Sections), as provided by the Acts incorporated here-
wiih, but subject to such provision for the coriection of errois as is by this
Order providco, with all proper rails, plates, sleepers, sidings, branch-railways,
junctions, passing places, turn-tables, tunnels, approaches, biidges, yards, offices,
engine-houses, stables, carriage-houses, warehouses, works, houses, buildings,
and conveniences connected therewith, and (subject to the provisions of the said
Acts) may by agreement or com|)ulsion, purchase, acquire, and hold all such
lands, rights, easements, and privileges, as may be necessary for the purpose.s of
the said Railway, and any engine-houses, stables, carriage houses, warehouses,
houses, and other buildings and works requisite for the working of the said
Railway.
Gauge and other Particulars.
8. The gauge of the railway shall be five feet three inches, and it shall be
•lawful for the Prumoteis to construct, maintain, and work a railway other than
a Light Railway.
Comjndsory Purchase of Lands.
4. Fiom and after the time when this Order becomes binding the Promoters
shall he empowered to put in for. e the provisions of the Land Clauses Consolida¬
tion Act, 1845 (including the Railway,'(Ireland) Act, 1851), and the Actsamending
the same and incorporated therewith, with respect to the purchase and taking of
land otherwise than by agreement, with reference to the lands and premises
delineated on and described in the deposited plans and Look of Reference, or as
they may be corrected under the provision hereinafter contained, and within
the (joweis of deviation ; and it is hereby ordered that Se( tions 42 and 43 of the
Tramways (Ireland) Act, 1860, shall not apply to or he binding on the Pro¬
moters or the Undertaking authorised and sanctioned by this Order. The powers
of compulsory purchase of lands and premises conferred by this Order shall
not be exercised after the expiration of three years trom the time wlnn this Order
becomes binding.
Time for Completion.
5. The Promoters shall complete and finish, ready for use, the said railway,
and shall provide a proper quantity of rolling-stock and equipment within two
years from the date of this Order becoming binding.
MADE UNDER " THE LIGHT RAILM AYS IRELAND; ACT, 1889." 79
Confinnation of Presentment.
6. The Prest ntment of the Grand Jury of the Couut\ of Mayo, which is set
out in the First Schedule to this Order, is hereby conhrmed.
Correction of Errors in Deposited Plans <md Books of Reference.
7 If there be any omission, misstatement, or wrong descriptiijn of any
lands, or of the owners, lessees, or occupiers of anv lands shown on the
deposited plans, or specified in the deposited Books of Reference, the Promoters
after giving ten days' noiice to the owners, lessees, and occupiers of the lands
in question, may apply to tv o Justices acting lor tin- County of Mayo, for the
correction thereof ; and if it appear to the Justices that tiie omission, misstate¬
ment, or wrong description arose from mistake they shall certif'v the same
ac( ordingly, and they shah in their certificate state the particulars of tlie omis¬
sion, and in what respecr any such matter is mi-stated or wrongly described ;
and such certificate shall be deposited with the Clerk of the Peace for the same
county, and a du|)licate thereof shall also be deposited, as regards the several
parishes in which the lands affected thereby are situate, with the clerks of the
unions within which such parishes are included: and such certificate and
duplicate re-pectively shall fte kept by such clerk of the })eace and clerks of the
unions respectively, with the other documents to which the same relate, and
tin reupon the deposited Pians and Books of Reference shall be deemed to be
correct! d according to such certificate, and it shall be lawful for the Promoters
to take the lands and execute the works in accordance with such certificate.
Power to Cross Roads.
8. The Promoters may, submct to provisions of the Acts incorporated here¬
with, and of this Ol der, lor this purposes of the said railway and construction
thereof, cross, divert, or alter, whether temporarily or permanently, road«,
bridges, drains, sewers, pipes, and other works, streams and watercourses, and
remove or lop all hedges and trees, which may be necessary for the purposes of
constructing or maintaining, working, or using the said railway. Provided that
the Promoters shall not cross, alter, or divert, or in any way interfere with any
telegraphic lines of the Postmaster General, except in accordance with and sub¬
ject to the provisions of the Telegraph Act, 1878. The expression "telegraphic
line " has the same meaning as in the Telegraph Act, 1878.
Notice to Surveyor.
9. Before the Promoters commence to open or break up a street or high¬
road, they shall give to the surveyor having charge theieof notice of their
intention to do so, such notice to be given forty-eight hours before the com¬
mencement of the woi k.
Snperintendence hy Sarceyor.
10. The Promoters shall not open or break up any sircet or road, save and
except with the approval am! untler the superintendence of the surveyor having
charge thereof, unless he neglects or refuses to give such superintendence at the
time specified in the notice of the Promoters, or discontinues the same during
the work. Such surveyor shall be paid by the Promoters such reasonable
remuneration for the duties hereby inqiosed upon him as may be directed by
the Lord Lieutenant by any general or sjrecial Order.
Restoring Roads.
1 ]. The Promoters shall, alter ha\ iiig opened or broken up a street or high¬
road, with all convenient speeti complete the work on account of which they
opened or broke uji the same, and (subject to the information of the Railway)
fill in the ground le\el, and make good the surface and generally restore the
street or highway to as good a condition as that in which it was before it was
opened or broken up, and clear away all ruhiiish occasioned thereby. They shall,
during such peiiod as the street or as the high-road may be open or broken up
cause the (dace wiiere the street or high-road is opened or broken up to be
fenced and watched, and to be kept properly lighted at night.
67. K 4
8() COPIKS OF ORDERS IN COUNCIL, AND AGREEMENTS
Expenses of Repairs.
12. The Promoters siiall pay all reasonable expenses of the repairs (T the
streets and high roads t-ver which they shall have constructed any part of the
said railway for six months after the same shall have been restored, -o far as the
expenses are increased by the o|)ening or breaking up of the street or road.
AJaintenance of Sidings.
13. The Promoters shall at their own expense maintain and repair all sidings
on which any r.dlway shall be laid, but nothing in this section shall be deemed
to compel the Promoters to maintain any branch railway made by the owners
or occupiers of any lands adjoining the railway under the Provisions of Section 76
of the Railways Clauses Consolidation Act, 1845, but any such Branch Railway
shall be maintained (unless other-wise agreed) at the expense of the person
making the same.
Level Crossings.
14. The Promoters shall construct to the satisfaction of the County Surveyor
the level crossings shown on the deposited plans and sections, subject, neverthe¬
less, to the alterations in the original plans and sections hereinafter mentioned
which shall be executed to the satisfaction of the County Surveyor and which
the Pi'omoters are hereby authorised lo; make that is to say :
ddie following level crossiiJgs, viz : —
The 1st crossing at 0 miles 1 chain, and
The 3rd crossing at 2 miles 77 cbain'^, shall he made square or nearly so
to the line.
At the 5th crossing at 5 miles 18 chains the public road shall be carried
under the railway by means of a bridge or arch.
At the 6th crossing at 7 miles, and
The 7th crossing at 7 miles 31 chains, the public road shall be carried
over the railway by means of a bridge at such crossings respectively.
Right as to Roads.
15. The Promoters shall not b, deemed to actjuire any right other than that
of user only in the soil of any street or high-road across which they may lay any
railwtiy.
A dditional Powers as to Crossings and Works.
16. dlie Promoters may, subject to the provisions of this Order, from time to
time make all such crossings, passing places, sMings, junctions, and other works,
in addition to those ])articuiarly mentioned in the deposited [)lans and sections,
as may from time to time be necessary or convenient lor the efficient working of
the said railway, or foi' providing access to any stables, carriage-houses, engine-
houses, warehouses, or works of the Promoters.
'J oils.
17- The Promoters shall be entitled to demand and take such tolls and
charges as shall not exceed the maximum tolls and rates of charges which are
specified in the Schedule to the Tramv.ays (Ireland; Act, 1860, or any Amend¬
ment thereof, or as may be hereafter sanctioned by the Board of Trade.
List of 7'oils.
18. A list of all the tolls and charges authoiised tobe taken shall be exhibited
in a conspiciious place at each station of the said railway.
Power to Contract.
19. The Promoters on the one hand, and the several authorities, bodies, or
persons owning or having respectively the control or management of any streets,
roads or bridges, railwa\ s or tramways across which the railway is intended to
be laid, on ihi,' other hand, may enter into and fulfil contracts and agreements
with
MADE UNDER "THE LIGHT RAILWAYS (IRELAND/ ACT, 1889." 8i
with respect to the alteration of the width or levels of any such streets, roads or
bridges, railways or tramways, the laying down, maintaining, renewing, repairing,
working, or using of the said railway, and the rails, plates, sleepers and works
connected therewith, and for facilitating the passage of traffic over and along the
same, and the promoters and such ot;lier bodies shall have all necessary powers
with respect to any such mattets as aforesaid.
Description of Carriages.
20. 1 he Promoters may use on the said railway carriages with flange wheels,
and, subject to the provisions of this Older, the Promoters shall have the
exclusive use and control of the said railway.
Form of Rail.
21. The form of the rail shall be similar to what is now used and laid on and
through the company's railway between the City of Dublin and the Town of
Galway.
Roof Loading.
22. No passenger or goods shall be carried on the roof of any carriage,
except with tlie peimission of the Board of Trade, and subject to any conditions
which they may impose.
Motive Power.
23. The carriages used on the said railway may, subject to the provisions of
this Older, be moved by locomotive engines, steam, electricity^ or any mechan¬
ical or other power. The exercise of the powers hereby conferred with respect
to the use of steam, i lectricity, or any mechanical or other power, shall be sub¬
ject to any regulations which may be prescribed by any Order which the Board
of Trade nay, and which they are hereby empowered to make from tiine to
time, as and when they may think fit, for securing to the public ail reasonable
protection against danger, in the exercise of the powers of this Order, conferred
with respf ct to the use of steam, electricity, or any mechanical or other power
on the said railway.
Fences and Walls.
24. Before the railway shall be opened for traffic, the Promoters shall i rcct
and complete all such new fences, railings, and walls, and s!l engthen, improve
and alter all such existing fenc. s, railings or walls as may be necessary to make
the railway safe for the use of the public, and shall thereafter maintain and
keep the same in good order, repair and conditicn, and the promoters shall be
subject to the obligations imposed upon,railway companies with respect to
works lor the accommodation of lands adjoining the railway, as provided by the
Railways ( lauses Consolidation Act, 1845, incorporated herewith.
Costs of Order.
25. The costs, charges, and expenses of obtaining this Order, including the
expenses of the grand jury in relation thereto, shall be paid by the Promoters.
Keeping of Accounts.
26. Ihe Promoters shall keep full, true and distinct books of accounts, show¬
ing the capital of the Undertaking, and its receipts from every source, and its
expenditure, and they shall keep and preserve all receipts and other documents
necessary for vouching the same, and shall at all times produce the said books,
receipts and documents, for the inspection of such person or persons as the;
Board of Public Works in Ireland may from time to tune appoint to examine
the same.
8j copies of orders un council, and agrlements
Treti.sii ry Ay reenn'n t.
27. The Agrei mcnt luacle between the Lords Coimnissinners of Her Majesty's
Tieasury of the tirst part, the Commissioners of Ihihlic Work-^ in Irel md of the
second part, nnd the Promoter- of the thiid part, dated the 26th da. of Novem-
brr 18!)(), relating to the capital for the construciion and equipment of said
Railway, which is set out in the Second Schedule to tliis- Order annexed, is
heiebv confirmed.
Piiiccr to raise Additional Capita!.
28. In case the aid given as a free giant for the construction and equipment
of said Undertaking by the Agreement in the last preceding section of this
Order mentioned, shall be insufficient to fully and properly construct, finish and
equip the propt-si d railway, and it thereby becomes necessary for the promoters
to contribute to the co-t of so doing ; or should the Promoters find it neeessaiw
at any time alter said railway has been constructed, finished and equipped, as
aforesaid, to expend other monies for the general luirposes of the undertaking,
being purposes for which capital may be expended; the promoters, being the
Midland Great Western Railway of Ireland Company, and as such Company,
innv from time to time, subject to the jirovisions of Part II. of the Companies
Clauses Act, I860, raise any additional capital, not exceeding in the whole
15,000 L, by the creation and issue, at their option, of New Ordinary Shares or
Slock, or New Preference Shares or Stock, or of Debenture Stock, of the said
Company, or wholly or partially by any one or more of those modes, respectively.
The shares or stock to be creat'd under this section when issued to rank pari
passu witii the similar present shares or stock of the said Company.
Provisions for secnriny the Completion and Maintenance of the Railway.
29. 1 he Promoters shall complete the Undertaking within the time limited
bv this Order, and shall at all times efficiently work the Undertaking, and shall
at all times maintain and keep in good condition and repair the rails of which
the railway for the time being consist, and the substructure upon which the same
rest.
Arbitration.
30. If any difference shall arise between the promoters on the one hand, and
any corporation, county surveyor, or «other body or person, on the other hand,
with res[)ect to any interference or control exercised, or claimed to be exercised
by ihem or him, or on their or his behalf, or by the promoters in relation to the
railway and works, or in relation to any proceedings or work of such corporate
body or county surveyor, or other per-on, or with re.spect to the amount of
any compensation to be made by or to the Promoters, or on the question whether
am work is or ought reasonably to satisfy such corporate body, county sur¬
veyor, or other person conceined, or with respect to any other subjeci or thing,
the matter in difference may be settled by a Referee nominated by the Board
of Trade on the application of either party, and the expense and costs of such
reference shall be borne and paid as the Refei ee shall direct.
Ajjplicatlon of Post Office {Parcels) Act, 1882.
31. TliePostOffi.ee (Parcels) Act, 1882, shall apply to the said railway,
which shall be deemed to be a railway and the Promoters a railway company
within the meaning of that Act.
MADE UINDER "THE LIGHT RAILWAYS (IREf.AND^ ACT, 1889.' 83
Provision for Protection of the Postmaster General in the event of the Railway
being worked hy Electricity.
32. In ihe event of the said r.iiivvay being vvorkeii by eleetricity, the following
provisions shall have effect ;
(1.) The Promoters shall conAnict their electiic lines and other works
of all descriptions and shall '..ork their undeitaking in all respecis with
due regard !o the lelegraphic lim s from time to, time used or intended to
heusi dby Her Majesty's Postmaster General, and the currents in such
telegraphic lines, and shall use every reasonable means in the eonstrue ion
of tlieir electric lines and other works of all descriptions, and the working
of their Undei taking, to prevent injurious affection, whether by induction or
otherwise, such telegraphic lines, or the currents therein. If any questiitn
arises as to whether the Promoters have constructed their electric linis or
other wo'ks, or work their undertaking in contiavention ofth s sub-section,
such question shall be determined by arbitration, and the Promoters shall
be bound to make any alterations m or additions to their system wliich may
be directed by the arbitrator.
(2.)—(«.) Before any electric line is laid down or any act or work for
working the said railway by electricity is done within ten yards of anv part
of a telegraphic line of the Postmaster General (other dmn repairs, or the
laying of lines crossing the line of the Postma-ter fleneral at right angles
at the point of shortest distance and so continuing for a distance of si.\ feet
on each side of such point), the Promoters, or their agents, not more than
twenty-eight nor less than fourteen days before commencing the "ork,
shall gi\e written notice to the Postmaster General specifying the courte
of tbe line and the nature of the work, including the gauge of any wire, and
the Promoters and their agents shall conform with such reasonable require-
menis (either general or s¡ ecialt as may from time to time be made by the
Postmaster General for the ¡lurpose of preventing any telegi aphic line of
the Postmaster General from being injuiiously affected by the said act or
work.
{b.) Any difference which arises between the Postmaster General and
the promoters or their agents with respect to any requirements so made
shall be determined by arbitration.
(3.t In the event of any contravention of or wilful non-compliance with
this section by the Promoters or their agents, the Piomoters shall be liable
to a hne not exceeding ten pounds for every day during which such con¬
travention or non-compliance continues, or if the telegraphic communication
is wilfully interrupted, not exceeding fifty pounds for every day on which
such interruption continues.
(4.) Provided that nothing in this section shall subject the Pi-omoters
or their agents to a fine under this section, if they satisfy the court having
cognizance of the case that the immediate doing of the act oi' execution of
the work was required to avoid an accident, or otherwise was a work of
emergency, and that they forth with served on the postmaster or sub-post¬
master of the postal telegraph office nearest to the place where the act or
work was done a notice of the execution theieof, stating the reason for¬
doing or executing the same without previous notice.
(5.) For the purposes of this section a telegraphic line of the Poslma>ter
General si all be deemed to be injuiiously affected by an act or work if
telegraphic communication by means ol such line is, whether through
induction or otherwise, in any manner afl'ected by such act or work, or by
any u-e made of such work.
(6.) For the purposes of this section, and subject as therein provided,
sections two, eight, nine, ten, eleven, and twelve of 'The Telegraph Act,
1878," shall be deemed to be incorporated with this Order, as if the Pro¬
moters were undertakeis within the meaning of those sections, without
prejudice nevertheless to any operation which the other sections of the
said Act would have had if this seciion had not been enacted, and, in par-
67. L 2 ticular.
84 COPIES OF ORDERS IX COEXCIL, AND AGREEMENTS
ticLilar, nothing in this section shall be deemed to exclude the provisions of
section seven of the Telegraph Act, 1878, in relation to the matters men¬
tioned in that Section.
(7 ) The expression " electric line " has the same meaning in this section
as in the Electric Lighting Act, 1882.
(8.1 Any question or difference aiising under this section uh'ch is
directed to be determined by arbitiatiou shall be determined by an arbitra¬
tor appointed by the Board of Trade on the applicaii m of eirher party,
whose decision shall be final, and sections thirty to tliirty-tvvo, both in¬
clusive, of the Regulation of Railways Act, 1868, shall apply in like
manner as il the Pro noters or their agents were a compi iy within the
meaning of that Act.
(9.) Nothing in this section contained shall be held to deprive the
Postmaster General of any existing right to proceed against the. promoters
by indictment, action, or otherwise, in relation to anv of the matters
aforesaid.
IVorks belotv hiijh water-mark not to be comme need without Consent of
Board of Trade.
33. The Promoters shall not construct on the shore of the sea, or of any
creek, bay, arm of the sea, or navigable river communicating therewith, where
and so far up the same as the tide flows and re-flows, any work without the
previous consent of the Board of Trade, to be signified in writing under the
hand of one of the Secretaries or Assistant Secretaries of the Board of Trade,
and then only accoi ding to such plan and under such restrictions and regulations
as the Board of Trade may approve of, such approval being signified as last afore¬
said ; and where any such work may have been constructed, the Promoters
shall not at any time alter or extend the same without obtaining, previously to
making any such alteration or extension, the like consents or approvals. If any
such work be commenced or completed contrary to the provisions of this Order,
the Board of Trade may abate and remove the same, and restore the site thereof
to its former condition at the cost and charge of the Promoters, and the amount
of such costs and charges shall be a debt due from the Promoters to the Crown,
and shall he recoverable accordingly with costs.
Saving Rights of the Crown in the Foreshore.
34. Nothing contained in tiiis Order shall authorise the Promoters to take, use
or in any manner interfere with any portion of the shore or bed of the sea, or of
any river, channel, creek, bay, or estuary, or any right in respect thereof,
belonging to the Queen's Most Excellent Majesty, in right of Her Crown, an !
under the management of the Board of Trade, without the previous cousent in
writing by the Board of Trade on behalf of Her Majesty (which consent the
Board of Trade may givej ; neither shall anything in this Order contained extend
to take away, prejudice, diminish, or alter any of the estates, rights, privileges,
powers, or authorities vested in or enjoyed or exercisable by the Queen's
Majesty, Her Heirs or Successors.
Ang Land reclaimed bg the Works not to be taken without Consent of the
Board of Trade.
35. If in the course or by means of the execution of any works by this Order
authorised, any part of the shores or bed of Killala Bay belonging to Her Majesty
shall be inm d, gained, or reclaimed from the water, the Promoters shall not
have or exercise any right upon the same, or in respect thereof, and shall not
enter upon, take, use, or interfere with the land so inned, gained, or reclaimed
for any purpose whatsoever, without the consent in writing of the Board of Trade
on behalf of Her Majesty, but such inning, gaining, or reclamation shall enure
absolutely for the benefit of the Queen's Majesty, Her Heirs and Successors.
MADE UNDER "TUE LIGHT RAILWAYS (IRELAND) ACT, 1889." 85
Saving Rights of the Crown under Crown Lauds Ad.
36. Nothing contained in this Order, or to be done under the authority
thereof, shall in any manner affect the title to any of the subjects, or any rights,
powers, or authorities mentioned in or resei ved by Sections 2! and 22 of the
Crown Lands Act, 1866, and belonging to or exercisable by Her Majesty, Her
Heirs or Successors.
Labouring Classes Dwellings.
37 The Promoters shall not, under the powers of this Order, without the
consent of the Local Government Board for Ireland, purchase or acquire, iu
any urban sanitary district, as defined by the Public Health (Ireland) Act, 1878,
ten or more houses which, alter the passing of this Order, h.ave been or are
occupied either wholly or parti illy by persons belonging to the labouring class as
tenants or lodgers.
For the purposes of this clause, the expression " labouring class " includes
mechanics^ artizans, labourers, and others working for wages; hawkers, coster-
mongers, jtersons not working for wages, but working at sonn^ trade or handi¬
craft without employing others except members of their own family; and per¬
sons, other than domestic servants, whose income does not exceed an average of
thirty shillings a week, and the; families of any such persons who may be
residing wifli them.
Copy of Map, Plan, and Book »f Reference to be lodged with Board of Trade.
38. Within one calendar month from the date of this Order the Promoters
shall lodge w ith the Board of Trade one cony of the Map and Plans describing
the Railway, together with one copy of the Book of Reference.
Incorporation of Acts.
39. The Lands Clauses Consolidation Act, 18-1.5 ; the Lands Clauses Consoli¬
dation Acts Amendment xAct, I860; the Railways Clauses Consolidation Act,
1845; the Railways Act (Irelarid), 1851 ; the Railways (Ireland) Act, 1860;
the Clearing Act dreland), 1860; the Railways (Ireland) Act, 1861; the
Railways Clauses Act, 1863; and the Railways Traverse Act ; the Com|)anies
Clauses Acts, 1845 and 1863; the Railways Act, Ireland, 1864; the Regula¬
tion of Railways Act, 1868; the Board of Trade Arbitration Act, 1874, shall,
subject to the provisions of the Tramways (Ireland) Acts, be incorporated with
this Order, except where the same are expressly varied by this Order. The
j)rovisions of the said Acts directing depofits to be made with the Clerks of the
Peace (except the provisions relative to access to the special Act), and with
Clerks of Poor Law Unionsand Postulasteis, and the provisions with respect to
the use of locomotive engines or other moving power, not being animal power,
are hereby excepted out of the incorporation hereinbefore made.
Interpretation.
40. In this Order several words, terms, and expressions to which meanings
are assigned by the Tratnwass (Ireland) Acts and the Railways (Ireland) Acts
have the same meanings respectively assigned to the.n by the s ud Acts.
Provided that in this Order the expression "the Railway" and "the Under¬
taking," shall mean respectively the " Light Railway or Railway and works, and
the undertaking authorised by this Order." Provided also that in this Order
the term " the Tramways (Ireland) Acts " means the Tramways (Ireland) Act,
1860; the Tramways (Ireland) Amendm mt Act, 1861 ; the Act 34 and 35 Vic.
cap. 114; the Act 39 and 40 Vic. c ip. 65 ; the 45 and 46 Vic. cap. 17 ; the
46 and 47 Vic. cap. 43 ; the Tramw.tys (Ireland) Amendment Act, 1881 ; and
the Tramways and Public Companies (Ireland) Act, 1883; the Light Railways
(Ireland) Act, 1889; and the Railways (Ireland) Act, 1890; and for the pur¬
poses of this Order the expressions " the Special Act," " the Undertaking," " the
Railway," and " the Company," respectively in any of the Acts incorporated
herewith, shall have the meanings respectively assigned to them by Section 20
of the Tramways (Ireland) Act, 1860.
07. L 3
8(> COPIES OF ORDEIIS IN COUNCIL, AND AGREEMENTS
Short Title.
41. This Older may he cited for all purposes as the " Badina to Killaia RaiU
way Order, 1890."
Given at the Council Cliainher, Dublin Ca-tl', the 1st day of Decenilier
1890.
Ashhournc (!. Robert R. Warren.
Mest Hid^evvay. William O'Brien,
FIRST SCHEDULE referred to in the foregoing Order.
Presentment of tlie Grand Jury of the County of Mayo.
County of Mayo.
To Wit.
Special Assize, 1890.
Acts 6 ai.d 7 Will. IV. oh. 1 16 ; ¿3 and 24 Vie. < h. 152 ; 34 and 35 Vic. ch. 1 14 ^
44 ai.d 45 Vic. ch. 17 ; -10 and 47 Vic. eh. 43; 52 and 53 Vic. ch. 66; 53
and 64 Vic, ch. 52.
\\ hereas it is propo.-ed by the Âlidland Great Western Railway (of Ireland;
Company duly incorporated in that behalf, and having their Railway open for
trafhc, hereinafter eaded " the Promoters," to construcr, maintain, equijj, and
work hy locomotive engines or other mechanical power, a Light Railway or a
Railway from Baliina, in the County of Mayo, to Killaia, in the said County
of Mayo, iiereinaftrr called "the I ndertaking," and which is described and
specified in the Plans, Books of Reference, and Secii' ns deposited with the
Secretary of the Grand Jury of the County of Mayo oy the said Promoters.
And whereas it is proposed that the Undertaking shall run through the
Paiishes of Kilmoremoy, Ballysakeery, and Killaia, in the county of Mayo.
And whereas the n quirt ments contained in the Tramways (Ireland) Acts, the
Light Railways Act, 1889, and the Rad way Act (Ireland), I89Ü, have been com-
plitd with, and the Grand Jury of the Coonty of Mayo have duly inquired into
the merits of the said Underiaking.
Now we, the Grand Jury of the County of Mayo, hereby sanction and approve
of the said Undertaking, and we hereby present and direct that the Promoters
shall he at liberty to construct, maintain, equip, and work by locomotive
engines or oiher mechanical power the said Undertaking, in and through the
said County of Mayo, in the directions, in manner, and according to the levels
specified and described in the Plans, Books of Reference, and Sections relating
to said Undertaking, deposited by the Promoters with the Secretary of the
Grand Jury of the said (iounty of Alayo.
For self and fellows,
24 November, 1890. T. Browne, Foreman.
SECOND SCHEDULE, referred to in the foregoing Order.
The Agreement with the Treasury and the Board of Works.
Agreement made the 26th day of November 1890, between Sir Herbert
Eustace Maxwell, Bart, m.p., and the lion. Sidney Herbert, m.p., two of the
Lords Commissioners of Her Majesty's Treasury, hereinafter called the Treasury
(which expression shall include the survivor of them and the Executors,
Administrators
MADE UNDER "THE LIGHT RAILWAYS (IREI.AXD) ACT, 18S9" 87
Administratoi s and Assigns of such survivor, where the context so re |uires of
admits) of the first pai t, Lieutenant-General Richard Hieram Sankey, r.e , c.b.,
William Richard Le Fanu, Esquii-e, and Samuel Ussher Robert-, Esquire, c.b.,
the Commissioners of Public Works in Ireland (hereinafter called the Board of
Works, which expression shall include the survi\ ors and survivor of them, and
the Executors, Administi'ators and Assigns of such survivoi' where the context so
recjuires oi' admits) of the second part, and the Midland Great Western Railway
of If'land Companj^ (hereinafter called the Company, which expression shaíl
include their Successors and Assigns where the context so requires or admits)
having their principal otfice at the Bi oadstone Station in the City of Dublin of
the third part.
Wh^^as the Conq^any heing an Irish Haihvay Company having a Railway
open for traffic, are Promoters of the Railway undertaking known a- the Ballina
to Killala Railway the particulars whereof are specific I in the Grand .Jury
Pnsentmeni hereinaftei' mentioned, which Railway is hercinafttr referred to
■someli ; es as the Undei taking and sometimes as the Railway.
.\nd whereas the Railway is one of the Light Railways mentioned in the First
Schedule of the Railways (Ireland) Aci, 1890, hereinafter called the Act of
1890.
And whereas under the provisions of the Act of 1890, and an Order of the
Lord identenant in Council, dat d 3rd day of Odolier 1890, the Sheriff of the
County of Ma\o duly empanelled the Grand Jury of the County of Mayo, pur¬
suant to the provisions of the same Act, on the 24th day of November 1890.
And whereas the Company, under the ()rovisions of the Tramways (Ireland)
Acts, as (!( fined by the Act of 1890, and the Act of 18tt0 itself, applied to the
Grand Jury assembled as aforesaid for their approval of the Undertaking, and
the Grand Jury, in exercise of the statutory powers enabling them by Present¬
ment, dated the 24ih day of November 1890 (hereinafter called the Presentment),
approved of the undertaking, and authorised the Company to construct, main¬
tain, and work the same, subject to such modifications (if any) as should be
required or approved by the Lord Lieutenant in Council.
And whereas in pursuance of the provisions of the Light Railways (Ireland)
Act, 1889, hereinafter called the Act of 1889, the Lord Lieutenant by Order in
Council has declared that it is desirable that a Lieht Railway should be
constructed betw een (amongst other places) Ballina and Kiilahi, for the develop¬
ment of Fisheries and other Industries, but that owing to the eircumstances of
the district, special assistance from rlie State is required for its construction, and
further declared that the provisions of the Act of 1889 should ajifdy to such
light railway.
And whereas the report of the Board of Works made upon the inquirv
directed by the 9th section of the Tramways (Ireland) Act, 1860, as altered by
tbe / th Section of the Act of 1889, approved of the undertaking as set forth
and presented for in the Presentment.
And whereas the Treasury, in pursuance of the Act of 1889, have agreed to
sanction the Undertaking, and to aid the same out of monies to be provided by
Parliament, either with a free grant of a capital sum not exceeding 44,000 L, or,
in the alternative, at the option of the Treasury, by an annual payment
equivalent to three pounds per cent, on such capital sum redeemable on
payment by the Treasury to tlie company of the capitali-ed value of such annual
payment, calculated at the rate of 33'3 years' purchase, or partly in one way and
partly in the other, and subject, in any case, to the observance by the Company
of the terms and conditions as to the construction, maintenance, execution and
working of the undertaking and as to the other matters relating thereto herein¬
after appearing.
Now these presents witness that in exercise of the statutory powers in the
Act of 1889, and every other power enabling them in that behalf, it is hereby
agreed and declared between and by the Treas'iry and the Company, and, as a
separate agreement, it is also hereby agreed and declared between and by the
Board of Works and the Company as follows, that is to say : —
67. L 4
88 CUFIES UF ORDERS IN COUNCIL, AND AGREEMENTS
Sanction of Undertaking.
I. The Treasury hereby sanction the Undertaking as approved by the Board
of M orks.
Power to conairact liailicag other than Light Railway.
II. The Treasury, in exercise of the power in the Act of 1890 enabling them,,
hen by consent that it shall be lawful for the Company to construct, maintain,
and work, under tliis Agreement, a Railway other than a Light Railway.
Completion of the Undertaking.
III. The Coinpan\ shall cornîtruct and complete the Railway, including the
permanent way, and all stations, works, and conveniences in connection there¬
with, within the time limited by the Order of the Lord Lieutenant in Council, and
in accordance with the deposited Plans and Sections as modified by the working
Plans, Sections, and Spécifications heiein mentioned, anil subject to such further
modifications as may from time to time be sanctioned by the Board of Works,
and the Com])any shall in case the Parliamentary Grant be insufficient to fully
and |,roperly construct and finisii th.e proposed Railway, contiibute to the cost
of thr construction of the Undertaking such a sum of money as shall be
sufficient to fully construct and finish the same ; and they shall con.Aruct the
Railway in such a manner as shall be suitable tor the existing Rolling Stock of
the Midland Great W cstern Railway of Ireland Com¡ any, and so as to enable the
Railway to be worked as an integral ¡ art of the Midland Great Western Railway
of Ireland Company's system for ever.
Order in Council.
IV. The Company shall forthwith obtain an Ordei'of the Lord Lieutenant in
Council (hereinafter called the Order), confirming this Agreement, and autho¬
rising the Company to contribute to the construction of the Railway as herein¬
before mentioned.
Application of Advances, S^c.
V. Upon obtaining the Order the Company shall proceed to construct the
undertaking, and apply the monies to be provided by Parliament, hereinatter
called tbe Larliamentarv (irant to and for the purposes, in the manner and
proportu ns, and subject to the approval and conditions hereinafter mentioned,
that is to say—
The Treasury will advance to the Company such sums out of the Parlia¬
mentary Grant as the Board of Works shall from time to time certify for.
Such advances shall he in sums of i.ot less than 2,000/. at a time, and
before being entitled to payment of the last advance to be made out of
the Parliamentary Grant, the Company shall complete and finish the Under¬
taking to the sati,«faction of the Board of Works, and open the same for
traffic.
Alternative Clause.
VI. In case the Treasury shall so desire and shall signify such desire in writing
to the Company, the provisions as regards the Parliamentary grant hereinbefore
contained shall cease to be applicable to the aid hereby agreed to be afforded to
the Company, and the last preceding clause of this Agreement shall thereupon be
deemed to be cancelled, and in substitution therefor tbe following provisions
shall apply :—
The Treasury will pay to tiie Company or their attorney lawfully
authorised an annual sum hereinafter referred to as the interim annuity
equivalent to 3 /. percent, cn the amount of money from time to time due
by the Cumpanv to the Royal Bank of Ireland (Limited) on foot of advances
agreed
MADE UNDER "THE LIGHT RAIlAVAYS (IRELAND) ACT, 1889."
agreed to be made by the said B.irikinti Company to the Companv on the
security of the said annu d sum, which advances are hereinafter referred to
as till' Banker's advances, and after the undertaking has been completed and
opened for traffic as aforesaid will pay to the Company an annual .^um
equivalent to 3 l. per cent, on the total amount of the Banker's advances,
hereinafter called the annuitv in aid ,
The payn.ent of the annuity i i aid and the interim annuity shall be subject
to the following conditions ; --
isf. The Banker's advances shall have been previously applied for the
jnirposes ot the undertaking, and such ex])enditure eertihed for by the
Board of Works.
•2nd. The Banker's advances shall be in amonnt.s of 2,000/, at least,
and the said 3/. per cent, shall be payable in respect "f each advance, from
the date of pavnient thereof by the Bank to the Company, with this
qualification, that the annual sum of 60 /., the final portion of the annuity in
aid, shall not be payable or begin to accrue until the undertaking has been
completed and finished to the sa'isfaction of the Board of Works, and
opened for traffic.
3rd. The annuity in aid an ! the interim annuity shall be payable on ihe
áth of April and 5th of October in every year.
Mixed A id.
VIL The aid hereby agreed tobe afforded to the (fompany may, in case the
Treasur} so desire, be partly by way of grant, and partly by way of an annuai
payme nt calculated at the rate of 3/. per cent,, on such portion of the said sum
of 44,000 /. as the Treasury do not desire to advattceto tlie Companv by way of
capital advances.
And in such case the provisions hereinbefore contained witli respect to the
Parliamentary Grant shall, mutatis mutandis, apj)ly to the capital advances to the
Company, and the provisions with respect to the interim annuity and the
annuity in aid shall, mutatis mutandis, apply to the annual payment under this
clause.
Redemption of Annuiti/.
VIH. In case the Treasury shall, on or at any time after the 5th of April 1892,
be desirous of redeeming any annual sum payable under tliis Agreement, or any
part thereof, not being less than 60/. a year, and shall give to the Company on
the 5th April 1892, or any succeeding 5th April, twelve calendar months'
notice in writing of such desire, then and in such case the Company will, upon
the expiration of the said twelve months, on receiving from the Treasury full
payment of such annual sum or part to be redeemed, and all arrears up to and
including the day of rt demption, and on receiving from the Treasury payment of
the capitalised value of such annual sum or part to be redeemed, calculated at
the rate of 33'3 years'purchase in full discharge and satisfaction of the same,
release the Treasury from all further payment of the saiiie, which shall thereupon
cease and deiermiue.
Any such redemption as aforesaid may, with the consent of the Directors for
the time being of the Company, be made with less than twelve months' notice, or
without notice, or be made of a less sum than 60 /. a vear.
Conditions of Expenditure.
IX. The expenditure of all nmneys by the Company for the purposes of the
undertaking shall be subject to the following conditions ; -
(1.) i'he money shall be applied for the purposes of the undertaking in
a manner approved of by the Board of ^^'orks.
(2.) The expenditure of all money shall he vouched to the satisfaction
of the Board of Works.
67- (3.) The
90 COPIES OF ORDERS IN COUNCIL^ AND AGREEMENTS
Tlie appointment of a Land Valuer shall be subjeet to the approva
of the Hoard of Works
(4 ) The Board of Works, with the sanction of the Treusur), shall appoint
an Engineer to inspect and rejtort to them from time to time on the works,
hereinafter called the Inspecting Engineer.
iVorkinq Planf< and Specifications.
X. The working plans, sections, and specifications for the line of Railway
and l)ridges, the design and specification for all stations, buildings, and any
material modifications of the works hereinafter mentioned, which line of Railway,
bridges, and station buildings, are herein referred to as the woiks, shall from
time to time, when pi epared by the Company's engineer, be lodged with and
submitted to the Board of Works for their approval.
Covenant to Complete, 8fc.
Xi. The Company hereby covenants with the Treasury that in case the aid
hereby agreed to be afforded, whether by way of grant or annual payment, or
partly in one way and partly in the other, be found insufficient to complete the
works and open the Railway for traffic in accordance with the provisions of
this Agreement, and to the satisfaction of the Board of Trade, thev will raise
and expend all such further sums of money as may Ice necessary, and will complete
and open the Railway for traffic as aforesaid. Provided always that if the said
aid shall be more than sufficient to comphde and open the Railway as aforesaid
such aid shall be proportionately reduced, it being the true intent and meaning
of thi se presents that the Treasury shall not under any circumstances be bound
to contribute any moneys beyond what is necessary to enable the Company to
complete and open the Railway.
Maintenance.
XII. So soon as the Railway shall have been completed and opened for traffic
the Company hereby covenants with the Treasury to work and manage the same
in an efficient and substantial manner, and also to maintain the same, such
maintenance to include the construction of such additional sidings and other
works and conveniences (if any) as may from time to time be required for the
public accommodation (if the same shall become necessary by reason of increased
traffic) in good order, repair, and condition, and open foi' public traffic for ever.
TrafiHc Provisions.
XIII. The Company hereby covenants with the Treasury that so soon as the
untlertaking is opened for traffic the}', the Company, will for ever thereafter run
at least two trains each way carrying passengers (and in case mixed trains are
not allowed by the Board of Trade), one goods train also on week days between
Ballina and Killala, at such times as will, in the opinion of the Board of Trade,
afford all reasonable and requisite facilities for through transit.
Indemnity, Treasury and Board of Works.
XIV. Nothing herein contained shall charge, affect, or encumber the real or
personal estate of the parties hereto of the first and second parts, they having
executed these presents only in their respective capacities of Lords Commissioners
of Her Majesty's Treasury, and Commissioners of Public Works in Ireland, and
having no personal interest therein.
Construction of Agreement.
XV. The Treasury shall be sole judges of the construction of this Agreement,
and of all matters and things therein referred to, save as regards the working
plans, specifications, and designs, or the works to be executed under this
Agreement, in \\hich casé should the Company's Engineer and Inspecting
Engineer disagree, the matter in dispute shall be settled by an appeal to the
Board of Trade on the application of either party, and the decision of the Board
of Trade thereon shall be final.
In
Herbert Eestace Maxwell. (Seal.)
sidxey Herbert.
R. H. Sankey.
Vi . R. Le Fand.
S. U. Roberts.
( Seal.)
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 91
In witness whereof the parties aforesaid of the fii stand second parts liave
set their Hands and atüxed tlieir Seals, and the Company has hereunto
affixed its Corporate Seal the day a.nd year first herein written
Signed, Sealed, and Delivered Ijy Herbert
Eustace Maxwell and Sidney Herbert, two of
the Lords Commissioners of Her Majesty's
Treasury, in ju-esence of—
George A. Steve.nson,
Her Majesty's Treasury,
Whitehall.
Signed, Sealed, and Delivered by Richard ~
Hieram Sankey, Commissioner of Public
\Yorks in Ireland, in presence of—
Christopher Cholmeley Puller,
Clerk in the Treasury,
London, S.W.
Signed, Sealed, and Delivered by William
Richard Le Fanu and Samuel Ussher Roberts,
Commissioners'of Public Works in Ireland, in
presence of—
W. M. Lane, Solicitor,
Office of Public Works,
Dublin. ,
The Corporate Seal of the Midland Great
Western Railway of Ireland Company was
affixed hereto in the presence of—
Geo. ay. Greene,
Secretary,
( Seal.)
{Seal.)
( Seal.)
THIRD SCHEDULE referred to in the foregoing Order.
Notice convening Meeting of Midland Great Western Railway
of Ireland Company's Shareholders, and the Resolution passed
at said Meeting.
.MIDLAND GREAT VVESTERN RAILWAY OF IRELAND COMPANY.
Extraordinary Meeting of Proprietors.
Notice is hereby given that an extraordinary general meeting of the pro
prietors of the Midland Great Western Railway of Ireland Company will be held
at the Company s office, Broadstone Station, Dublin, upon Tuesday, the 4th day of
November 1890, at the hour of one o'clock in the afternoon, for the purpose of
considering, and, if thought fit, ap|iroving, of three propo?e<i Orders in Council,
which the Company are seeking to obtain from the Lord Lieutenant in Council,
under the Tramways (Ireland) Acts, the Light Railways (Ireland) Act, 1889,
and the Railways (Irelatid) Act, 1890, to authorise the C'ompany to make certain
Railways, viz. : Galway to Clifden ; Westport to Mtdiaraiiny; and Ballina to
Killala ; with pow er, under certain circumstance*, to raise additional capital as
in said Draft Orders in Council is expressed ; and also of three .Agreements
proposed to be made and entered into under the provisions of the Acts aforesaid,
between Her Majesty s Tieasury and the Company, for the constru jtion, main¬
tenance, equipment, ami working by the Company of the said Railways, on the
terms and conditions set fortli in said Orders in Council and Agreements, and to
authorise the directors to procure such Orders in Council, and to execute such
Agreements, with any modifications of same they may deem advisable, and to do
all acts necessary for carrying out the purposes of said Orders in Council and
Agreements.
By Order,
Ralph S. Cusack, Chairman.
Dated this 15th day of October 1890. Geo. AA'm. Greene, Secretary.
Broadstone Station, Dublin.
67.
m 2
g J COPIES OF ORDERS 1\ COUNCIL, AND AGREEMENTS
MIDLAND GREA'I WESTERN RAILWAY OF IRELAND COMPANY.
Tramways (Ireland) Acts, the Light Railways (Irelanh) Act, 1889,
and the Railways (Ireland) Act, 1890.
All cxtraordinaiy general meeting of the pro|>netors of the. Company was
held at their offices, Broadstone 8;tation, Dublin, on Tuesday, 4ih November
1890, pursuant to notice, duly |)ublished, when the proposed Order in Council
and Agreement, authorised bv tlie foregoing Acts, were submitted for con¬
sideration and approval.
Sir Ralph S. Cusack, d.l., Cliairman of the Com|)any, in the Chair.
Proposed by The (Aiaikman;
Seconded by Captain Thomas J. Smyth d.l.; and
Unanimously resolved—"That the proposed Order in Council for the con¬
struction. maintenance, equipment, and working by the Company of a Railway
from Ballina to Killala, marked C., and now submitted to the proprietors of the
Midland Great Western Railway of Ireland Company, and also the Agreement
proposed to be entered into under the Tramways (Ireland) Acts, the Light
Railways (Ireland) Act, 1889, and the Railways (Ireland) Act, 1890, between
Her Majesty's Treasury and the Company in res]iect of said Railway, are hereby
respectively approved.
"And the directors of the Company are hereby authorised to procure said
Order in Council, and to execute said Agreement, with such modifications of
same respectively as they may deem advisable, and to do all acts necessarv for
carrying out the purposes of said Order in Council and Agreement."
Ralph Cusack, Chairman.
Geo. Wm. Greene, Secretary.
FOURTH SCHEDULE referred to in the foregoing Order.
A Railway commencing in the parish of Kilmoremoy, and townlandof Ballina,
by a junction with the Alidland Great Western Railway (of Ireland), at a point
at the end of their rails at Ballina Station, measuring, in an easterly direction,
ninety-eight yards or thereabouts from the south-west corner of George F. Ben¬
son's house, and in a southerly direction, eighty-seven yards or thereabouts from
the south-west corner of Surgeon Major Robert Mally's corn store, and terminat¬
ing at a point in the parapet wall of public road leading from Killala to Killala
Pier, said point being forty yards or thereabouts from the north-eastern corner
of the wall or garden in the occupation of J. M. Robertson, measured in a
north-easterly direction, and one hundred and thirty-three yards or thereabouts
from the base of the Round Tower of Killala, measured in a north-eaAerly
direction.
'J he said intended Railway will pass from, through, or into the several town-
lands, townships, parishes, and places following, or some of them, that is to
say : the township of Ballina, the towalands of Ballina, Kilmoremoy, L;ighta-
dawanmigh, Culleens, in the parish of Kilmoremoy ; the townlands of Rathroeen,
Coonealcauraun, Rosserk, Derreens, Knockalough, Rathglass East, Newtown-
white, and Carrowreagh, in the parish of Ballysakeerry ; the townlands of Cross-
patrick, Moyne, Meelick, Kilroe, Townplots East, and Townplots West, in the
parish of Killala, all in the county of AIay o ; and the extra-parochial place of
the bed and foreshore of Killala Bay, Estuary, or Harbour.
MADE UNDER "THE LIGHT RAILWAYS (lUELAAD) ACT, 1889." 03
THE CORK, BAXDOX, AXD SOUTH COAST KAILW AY
(EXTENSION TO BANTRY BAY) ORDER, 1891.
Bv tlie Lord iJeutenant and Privv Council in Ireland.
ZETLAND.
Whereas the Grand Jury of the County of Cork, at the Spring Assizes,
1890, acting in execution of the powers vested in them by the " Tramways
(Ireland) Acts," as defined by the "Light Railways tlreland) Act, 1889," and
the last-mentioned Act, passed the resolution which is set out in the First
Schedule to this Order, atid thereby approved of the construction of the Light
Railway described in the Second Schedule hereto, couimencing by a Junction
with tiie Bantry Extension Branch of the Cork, Bandon, and South Coast
Railway Company, and terminaiiug at Bantry Bay :
And whereas the Treasury, pursuant to Section 4 of the " Light Railways
(Ireland) Act, 1889," have made the Agreement set forth in the Third Schedule
to this Order with the Cork, Bandon, and South Coast Railway Company, being
the Promoters of the said undertaking, for the. construction, maintenance, and
workinsi of the said undertaking, and have therebv agreed that tht^ said under¬
taking may be aided out of public money by a free grant of a capital sum of
15,000 /., or by an annual payment equivalent to 3 per cent, on such capital
sum, redeemable as in the said Agreduent mentione l ;
And whereas the Treasury have consented, pursuant to the provisions of the
" Railways (Ireland) Act, 1890," that it shall bo lawful for the said Railway
Company to construct, maintain, and work under such Agreement a Railway
other than a Light Railway ;
And whereas, on the 28th day of October 1890, the said Promoters of the
said undertaking presented a memorial to the Lord Lieutenant in Council
praying for an Order to authorise the construction of the Light Railway mentioned
in such memorial ;
And whereas the Cork, Bandon, and South Coast Railway has established
to the satisfaction of the Lord Lieutenant in Council that a copy of the said
proposed Order has been submitted to the proprietors of the said Railway
Company, held specially for that purjiose, on the 19th day of November 189(),
and all matters and things have been done and have happened, and all ti nes
have elapsed, which, if this Order were a Bill promoted in Parliament, should
have been dor.e, and have happened and elapsed, in order to constitute
compliance with the Standing Orders of Parliament applicable to Bills promoted
by railway companies for the like purposes as those referred to in the 5th section
of the, " Light Railways (Ireland) Act, 1889:"
And it appears to the Lord Lieutenant in Council expedient to make the Order
following :
Therefore it is ordered by the Lord Lieutenant-General and General Governor
of Ireland, by and with the advice of Her Majesty's Privy Council in Ireland ;—
Promoters.
1. The Cork, Bandon, and South Coast Railway Company shall he the
Promoters for the purposes of this Order, and the said Company and their
assigns are in this Order referred to as " the Promoten-^,"
Power to construct Line.
2. The Promoters may consti ucf, maintain, and work,subject to the provisions
of this Order, and of the Acts incorporated herewith, the Railway described in
the Second Schedule to this Order, hereinafter called " the Railway," in the
directions and levels, with the powers of deviation specified and desiribed in
the plans, books of reference, and sections deposited by the Promotei s with the
secretary of the Grand Jury of the County of Cork, and the Commissioners of
Public Works in Ireland, with all proper rails, plates, offices, engine houses,
stables, carriage-houses, warehouses, pier, works, and conveniences connected
67. M 3 therewith,
04 COPIES OF ORDERS I\ COU>íCIL, AND AGREEMENTS
therewith, or for the ])urpoäes thereof, and (subject to the provisions of the said
Acts) may by agreement purchase, acquire, and hold all such lands and
easements as may be necessary for the purposes of the Railway, and any engine-
houses, stables, carriage-houses, wareiiouses, and other buildings and works
requisite for the working of the Railway.
Gauge.
3. The gauge of the Railway shall be five feet three inches, and it shall be
lawful for the Promoters to construct, maintain, and work a Railway other than
a Light Railway.
Compulsorg Purchase of Lands.
4. From and after the time when this Order becomes binding the Promoters
shall be empowered to put in force the provisions of the Lands Clauses Acts,
with respect to the purchase and taking of lands otherwise than by agreement,
with reference to such of the lands and premises delineated on the deposited
pians, and specified in the deposited books of reference, as may be required for
the purposes of this Order, and the provisions of the 42nd and 43rd sections of
the Tramways (Ireland) Act, 1860, shall not apply to the Railway.
The powers of compulsory purchase conferred by this Order shall not be
exercised after the expiration of tiiree years fro n the time when tiiis Order
becomes binding.
Time for Completion.
5. The Promoters shall complete and finish, ready for use, the Railway within
two years from the date of this Order becoming binding.
Confirmation of Approval of Grand Jury.
6. Tlie approval of the Grand Jury of the County of Cork, which is set out in
the f irst Schedule to this Order, is hereby confirmed.
Confirmation of Agreement with the Treasury.
7. The Agreement of the Treasury with the Promoters, which is set out in
the Third Schedule to this Order, is hereby confirmed.
Sanction of the Promoters'' Maintenance, Management, and Working of the
Undertaking hy a Railway Company.
8. The Promoters are hereby auihoris''d, and it shall be lawful for them to
promote, maintain, manage, and work said undertaking, and to demand and
receive for and in respect of the Railway the same tolls and charges which they^
may now receive in l espect of their existing Railway, and the Railway shall in all
respects be deemed part of their said existing Railway.
Power to raise Capital.
9. The Promoters may create and issue debenture stock not exceeding
15,000 I., subject to tiie provisions of Part 3 of the " Companies Clauses Act,
1863," but notwithstanding anything tht(rein contained the intere-t of all
debenture stock at any time after the date on which this Order becomes binding,
created and issued by the Promoters, shall ïiàn]i pari passu with the interest of
all mortages at any time after the date of this Order becoming binding granted
by the Promoters, and shall have iiriority over all the principal moneys secured
by such mortgages.
Application of Money raised under existing Powers.
10. The Promoters may apply to the purposes of the undertaking authorised
by this Order, to which capital is properly applicable, any of the moneys which
they now have in their hands, or which they have power to raise by shares
or mortgage, bv virtue of any Acts relating to the said Cork, Bandon, and
South Coast Railway Company and which may not be required for the
purposes to which they are by any such Acts made specially applicable.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 95
Application of Money raised under this Order.
11. All moneys obtained or raised under this Order, either from the Treasury
or by such debenture stock as afores iici, siuill be applied only for the purposes
of the undertaking autborised lyy thi- Order, and for the general purposes of the
Promoters in connection therewith, being in all cases pui poses to which capital
is properly applicable.
Saviny Rights of Preference Stockholders.
12. Nothing in this Order contained (or in any scheme hereunder) shall
prejudice, alter, vary, or affect the rights, priorities, and privileges of the holders
of West Cork 4 per cent. Preference Stock, or Kinsale 4 per cent. Pre''erence
Stock, created and issued under the (^orkand Kiiis ile Junction, Cork ¡ind Bandon,
West Cork and Hen Valleys Railway^ Act, 18/9.
Power to cross Roads.
13. The Promoters may, subject to the provisions of the Acts incorporated
herewith, and of ibis Order, for the purposes of the Railway and construction
thereof, cross, alter, or divert, temporarily or permanently, any roads, streets,
highways, streams, sewers, pipes, or other works, provided that tlie Promoters
shall not cross, alter, or divert, or in any way interfere with, any telegraphic
line of the Postmaster General, e.vcept in accordance with and subject to the
provisions of the Telegraph Act, 18/8. The expression " lelegraphic line"
has the same meaning as in the Telegiaph Act, 18/8.
Notice to County Surveyor.
14. Before tiie Promoters commence to open or break up a street or high road
they shall give to the County Surveyor notice of their intention to do so, such
notice to he given 48 hours before the commencement of the work.
Superintendence by County Surveyor.
15. The Promoters shall not open or bre ak up any street or road, save and
except with the approval and under the superintendence of the said County
Surveyor, unless he neglects or refuses to give such superintendence at the time
specified in the notice of the Promoters, or discontinues the same during
the work.
Arbitration.
16. If any difference should arise between the Prouioters and the County
Survev or concerning the opening or breaking up any street or road, the same
shall l)e left to the arbitration of an engineer to be appointed by the Board of
Trade, and the costs of the reference siiall be borne and paid as such engineer
shall direct.
Restoring Roads.
17. The Promoters shall, after having o|)ened or broken up a street or high
road, vvith all convenient speed complete the work on account of which they
opened or broke up the same, and (subject to the formation of the Railway) fill in
the ground, level and make good the surface, and generally restore the street or
high road to as good a condition as that in which it was before it was opened
or broken up, and clear away all rubbish occasioned thereby. Thev shall,
during such period as the street or the high road may be opened or broken up,
cause the place where the street or high road is opened or broken up to be
fenced and watched, and to be, properly lighted at night.
Alteration of Level of Roads.
18. If any authority iiaving the control of any road or street along or across
which the Railway authorised by this Order is laid hereafter alters the level of
such road or street, the Promoters shall from time to time alter their rails and
lay them so that they shall not be a danger or annoyance to the ordinary traffic
on the road or street.
67. 4
nO COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Ji.i'/)eiises of Repairs.
lî). The i'romoters «huh pay all reasonable expenses of the repairs of the
streets and high roads npon or acre ss which they shall have constructed any
part of tlie Haihvay, for six months afier the same shall have been restored, so
far as timse expenses are increased by the opening or breaking up of the street
or load.
Mainta/ance of Sidings and Rails.
•20. The Pioinoters shall, at their own expense, maintain and repair all sidings
on which the Railway shall be laid, but nothing in this section shall be deemed
to cornpi l the Promoters to maintain any branch Railway made by the owners
or occupiers of any lands adjoining the Railway under the provisions of
Section 70 of the Railways Clauses Consolidation Act, 1845, hut any such
branch Railway shall be maintained (unless otherwise agreed) at the expense of
the per-on making the same.
Leisel Crossings.
21. The Promoters shall construct, to the satisfaction of the County Surveyor,
all si ch level cnssings'as are ¡rrovided for bv the depositi d plans, subject,
neveitireless, to sucli alterations therein as may be prescribed by the Board of
Trade (Railwa)' Department).
Rights as to Roads.
22. The Promoters shah not be deemed to acquire any right other than that
of user oidy in the soil of any street or high road along or aci'oss which they
may lay the Hallway.
Additional Powers as to Crossings and Works.
23. The Promoters may, subject to the provisions of this Order, from ti t:e to
time make all such crossings, passing-places, sidings, junctions, and other works,
in addition to those particulaily mentioned in the said deposited plans and
sections, as may from time to time be necessary or convenient, for the efficient
working of the Railway, or for providing access to any stables, carriage-hou«es,
engine-houses, warehouses, or works of the Pi omoters.
Tcmporarg Works.
24. If and whenever it shall become necessary for the purpose of repair or
other similar or temporary purposes to remove or close any part of the Railway,
the Promoters may lay down and maintain for the time necessary, but uu longer,
on some other part of the same Railway, or on an adjoining part of the road, a
temporary Railway instead of the part removed or closed, atid may maintain
and use the same until the part so remove 1 is close ! or reinstated.
List of Tolls.
25. A list of all the tolls and charges authorised to be taken shall be
exhibited in a conspicuous place upon the piemises of the Promoters at each
of their stations.
Fences and Walls.
2(j. Before the Railway shall be opened for traffic the Promoters shall erect
and complete all such m vv fences, railings, and walls, and strengthen, improve,
and alter all such existing fences, railings, or walls, as may be necessary to
make the Railway safe for the use of tlie public, and shall thereafter maintain
and ket p the same in good order, repair, and condition, and the Company shall
be subject to the obligations imposed upon railway companies with respect to
works for the accommodation of lands adjoining the Railway, as provided by the
" Railways Clauses Consolidation Act, 1845," incorporated herewith.
MADE UNDER " THE LIGHT RAILWAYS (IRELAND) ACT, 1889 " 97
Costs of Ol der.
"27. The costs, charges, and expenses of obtaining this Order, inciuding the
expenses incurred by the Grand Jury in relation thereto, shall be paid by the
Promoters.
No ¡Cork below High IVatir-mark without Consent of Board of Trade.
28. Notwithstanding anything in tliis Order contained or shown on the
deposited plans and sections, 1 he Company shall not (without the previous consent
in wiiting of the Board of Trade on behalf of Her Majesty), at or near Pantry
construct any W(,rk or any part thereof below tiie line of high wati r-mark.
Ang Land reclaimed by the Works not to be taken without the Consent of the
Board of Trade
29. If in the course or by means of the execution of any of the works by this
Order authorised, any part of the shores or bed of the said Bantry Harbnur or
of the sea, beyond the mouth thereof, belonging to Her Majesty, shall be inned,
gained, or reclaimed from the water, the said Promoters shall not liave or
exercise any right upon the same, or in respect thereof, and shall not enter
upon, take, use, or interfere with the land so inned, gained, or reclaimed for
any^ purpose whatsoever, without the consent in writing of the Board of Trade
on behalf of Her Majesty, but such inning, gaining, or reclamation sliall enure
absolutely for the benefit of the Queen's Majesty, Her Heirs and Successors.
Saving Rights oj the Crown in the Foreshore.
30. Nothing contained in this Order shall authorise the Promoters to take,
use, or in any manner interfere with any portion of the shore or bed of the sea,
or of any river, channel, creek, bay, or estuary, or any right in respect thereof,
belongini; to the Queen's Most Excellent Majesty, in right of Her Crown, and
under the management of the Board of Tmde, without the previous consent in
writing of the Board of Trade on belialf of Her Majesty (which con-ent the
Board of 'I'rade may give) ; neither shall anything in this Order contained
extend to take away, prejudice, diminish, or alter any of the estates, rights,
privileges, powers, or authorities vested in or enjoyed or exercisable by the
Queen's Majesty, Her Heiis or Successors.
Application oj Post Office {Parcels) Act, 1882.
31. 'The " Post Office (Parcels) Act, 1882," shall apply to the railway, and
for the purposes of that Act the railway shall be deemed to be a railway, and
the Promoters a railway company, within the meaning of the Act.
Provision for Protection of the Postmaster General, in the event of the
Railway being worked by Electricity.
32. In the event of the said railway being worked by electricity, the
following provision shall have eflect:
(1.) The Promoters shall construct their electric lines and other works
of all descriptions, and shall work their undertaking in all respects with
due regard to the telegraphic lines from time to time used or intended to
be used by Her Majesty's Postmaster General, and the' currents in such
telegraphic lines, and shall use every reasonable means in the construction
of their electric lines and other works of all descriptions, and the working
of their undertaking, to prevent injurious affection, whether by induction
or otherwise, such telegraj)hic lines or the currents ihereiu. If any
que-tion arises as to whether the Promoters have constructed their electric
lines or other works, or work their undertaking in contravention of this
sub-section, such question shall l>e determined by arbitration, and the
Promoters shall be bound to make any alterations in or additions to their
system which may be directed by the arbitrator.
67. N (2.) — (a.) Before
COPIliS OF ORDERS IN COUNCIL, AND AGREEMENTS
(2.)—(a.) Before any electric line is laid down or any act or work for
vvoikiiig the said railway by electricity is done (within 10 yards of any
|):irt of a tell graphic line of the Po■^tnlastel• General, oilier than re ¡airs or
the laying of lines crossing the line of the Postmaster General at right
angles at the point of shortest distance and so continuing for a distance of
six feet on each side of such point), the Promoters or their agen's, n t more
than 28 nor less than 14 days before commencing tlie work, shall give
written notice to the Postmaster General, specif}ing the course of the line
and the nature of the work, including tlie gauge of any wire, and the
Promoters and their agents shall conform with such reasonable require¬
ments (either general or special) as may Irom time to time he made by the
Pos master General for the purpose of pre-enting any telegrajihic line of
the Postmaster General from being injuriously atlected by ihe said act or
work.
{b.) Any difference whicii arises between the Postmaster (¡eneral a d
the Promoters or their agents with respect to any requirements so made
shall be determined Ity arbitration.
(3 ) In the event of any contravention of or wilful non-compliance with
this section b\ the Promoters or their agents, tlie Promoters shall be liable
to a line not exceeding 10 L for everv day during which such contravention
or mni-compliance continues ; or if the telegraphic communication is
wilfully interrupted, not exceeding 50/. for every day on which such
interruption continues.
(4.) Provided that nothing in this section shall subject the Promoters or
their agents to a fine under this section, if they satisfy the court having
cognizance of the case that the immediate doing of ti e act or execution of
tht work was requir>d to avoid an accident, or otherwise was a work of
emergency, and that they foi thwith served on the postmaster or sub-post¬
master of the postal telegraph office nearest to the place where the act
or work was done, a notice of the execution thereof, stating the reason for
doing or executing the same without j)revious mitice.
(5.) For the purposes of this section a telegraphic line of the Postmaster
General shall be deemed to be injuriously affected by an act or work if
telegraphic communication by means of .such line is; whether through
induction or otherwise, in any manner affected by such art or work, or by
any use made of such work.
(6.) For the purposes of this section, and subject as therein provided.
Sections 2, 8, 9, 10, 11, and 12 of the "Telegraph Act, 1878," shall be
deemed to be incorporated with this Order, as if the Promoters were
undertakers within the meaning of those sections, without prejudice
nevertiieless to an\ operation which the other sections of the said Act
would have had if this section had not been enacted, and, in particular,
nothing in this section shall be deemed to exclude the provisions of
Section 7 of the "Telegraph Act, 1878," in relation to the matters
mentioned in that section.
(7.' The expression "electric line" has the same meaning in this
section as in the " Electric Lighting Act, 1882."
(8.) Any question or difference arising under this section which is
directed to be determined by arbitration shall be determined by an
arbitrator appointed by the Board of Trade on the application of either
party, whose decision shall be final; and Sections 30 to 32, both inclusive,
of the " Begulation of Railways Act, 1868," shall apply in like manner
as if the Promoters or their agents were a company within the meaning of
that Act.
(9.) Nothing in this section contained shall be held to depiive the
Postmaster Genet al of any existing right to proceed against the Promoters
by indictment, action, or otherwise, in relation to any of the matters
aforesaid.
MADE UNDER "THE LIGHT RAILWAYS (iRELVND) ACT, 1889 " 99 .
Saving Rights of the Crown under " Crown Lands Act."
33. Nothing contained in this Order, or to be done under the authorit}'
thereof, shall in any manner affect the title to any of the subjects, or any
rights, powers, or authorities mentioned in or reserved by Sections 21 and 22
of the " Crown Lands Act, 1866," and belonging to or exercisable by Her
Majesty, Her Heirs or Successors.
Copg of Mag., Plan, and Book of Reference to he lodged with
Board of Trade.
34. Within one calendar month from the date of this Order the Promoters
shall lodge with the Board of Trade one copy of the map and plans desciibing
the railway, together with one copy of the Book of Keferencc.
Incorporation of Acts.
35. The " Com|)anies Clauses Consolidation Act, 1845 "; and Part 3
(relating to Debenture Stock) of the -'Companies Clauses Act, 1863"; the
" Lands Clauses Consolidation Act, 1845"; tiie " Railways Clauses Consolida¬
tion Act, 1845"; the "Railways Act (Ireland;, 1851 "; the " Lands Clauses
Consolidation Acts Amendment Act, 1860"; the "Clearing Act (Ireland)
1860"; the " Railways (Ireland) Act, 1860"; the "Railways Act (Ireland),
1864 " ; the " Railways Traverse Act " ; and Part 1 (relating to the construction
of a railway) of the "Railways Clau-es Act, 1863 "; the "Regulation of
Railways Act, 1868 " ; and the " Board of Trade Arbitration Act, 1874," shall,
subject to the provisions of the " Tramways ( Ireland) Acts," be incorporated
with this Order, except where the same are expressly varied by tiiis Order.
The provisions of the said Acts directing deposits to be made with clerks of the
peace (except the provisions relative to access to the Special Act), and with
clerks of poor la v unions and postmasters, and the provisions with respect
to the crossing of roads and other interferences therewith (other than the
proxdsions of tlie " Railways Clauses Consolidation Act, 1845," Sections 65, 66,
67), and the provisions with respect to the use of locomotive engines, or other
moving power, not being animal power, are hereby excepted out of the
incorporation hereinbefore made.
Interpretation.
36. In this Order the several words, terms, and expressions to which
meanings are assigned by the "Tramways (Ireland) Act<," have the same
meanings respectively.
Provided that in this Qider the expressions "the Railway^' "the Light
Railway," and " the Undertaking," shall mean respectively the railway, works,
and the undertaking authorised by this Order.
Provided also that in this Order the term "the Tramways (Ireland) Acts"
means the "Tramways (Ireland) Act, 1860"; the "Tramways (Ireland)
Amendment Act, 1861 " ; the Act 34 & 35 Vier. c. 114 ; the Act 39 & 40 Vict,
c. 65; the "Tramways (Ireland) Amendment Act, 1881 "; the " Tramways and
Public Companies (Ireland) Act, 1883 " ; the " Light Railways (Ireland) .Act,
1889"; and the "Railways (Ireland) Act, 1890."
Short Title.
37. This Order may he cited for all purposes as " the Cork, Bandon, and
South Coast Railway (Extension to Bantry Bay) Order, 1891."
Given at the Council Chamber, Dublin Castle, the 28tli day of January
1891.
wolseley. Arthur James Balfour.
Hedges Eyre Chatterton. Robert R. Warren.
William O'Brien.
67-
n 2
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
FIRST SCHEDULE referred (o in the foregoing Order.
Resolution of the Grand Jury hereinbefore referred to.
6th and 7th Wm. IV., c. 116; 23 and 24 Vict. c. 152; 46 and 4/ Vict,
c. 43 ; and 52 and 53 Vict. c. 66, being an Act to facilitate the construction
of Light Railways in Ireland '
COUNTY OF CORK.
Spring Assizes, 1890.
Whereas the Cork, Bandon, and South Coast Railway Company (hereinafter
called the Company) duly presented their memorial pursuant to the provisions
of the Tramways (Ireland) Act, I860, and the Acts amending and extending
the same, praying for an Order in Council authorising them to construct, main¬
tain and work a Light Railway, hereinafter called the Undertaking, and
consisting of the Light Railway described in the Draft Order to said memorial
annexed, from Bantry to Bantry Bay, in the county of Cork, and passing through
a portion of the barony of Bantry. And whereas the Company duly made
application to the Grand Jury of the county of Cork to approve of the said
Undertaking in manner authorised by liie said Acts, and have duly complied
with the requirements thereof. Now we, the Grand Jury of the county of
Cork, having ascertained that the requirements prescribed by said Acts have
been complied with, and having inquired into the inerits of the Undertaking,
and having taken into consideration the reports of the County Surveyor and of
the Commissioners of Public Works (Ireland), and having heard all persons
interested wlio appeared before us, hereby approve of the said Undertaking, and
of the construction, maintenance, and working of ti e said Light Railway in the
directions and according to the levels specified and described in ihe plans and
books of reference and sections deposited with the Secretary of the Grand Jury
of said couiity, together with all works and conveniences connected therewith,
the Company undertaking to comply with the requirements of the County
Surveyor as to the construction of the line and to make same subject to his
approval so far as the line affects the public roads or other county interests.
It being clearly u> dcrstood that the approval hereby given by the Grand
Jury is not to be taken and does not involve the ratepayers in or impose upon
the county any liability present or future foi- the payment of dividends upon
anv p irt of the capital of the Comiiany, or for the completion, working, or
maintenance of the Undertaking, or for compensation in case of accidents or
any pecuniary liability whatsoever.
E. A. Shuldham, Foreman.
24 March 1890.
SECOND SCHEDULE referred to in the foregoing Order.
Description of the Light Railway Extension to Bantry Bay.
A Light Railway commencing in the Townland of Bromleigh North, in the
jiarish of Kilmoeomoge, Ijy a junction with the rails of the Bantry Extension
Branch of the Cork, Bandon, and South Coast Railway Company, at a point
on same, opposite the Bantry Distant Signal, and distant therefrom five yards
or thereabouts, such point being likewise situate 633 yards or thereabouts,
measured along the rails in a south-westerly direction from the signal cabin
in Bantry Station Yard, and terminating at a point in a field in the townland
of Reenrour West, numbered 10 on the plans deposited as hereinafter
mentiimed, at present in the occupation of Mrs. Catherine Lanyon, and adjoining
the shore of Bantry Bay, such point being situate sixty-six yards or there¬
abouts, measured in a south-westerly direction along high water-mark from the
southern end of the farm lane whic h forms the eastern Ijoundary of the before-
mentioned field, which intended Light Railway will pass from, through:, or into
the parish, townlands, extra-parochial and other places following, or some of
them, that is to say ;—The parish of Kilmoeomoge, the townlands of Dromleigh
Norih, Dromleigh South, t arrignagat, Sheskin, Knocknamuck, Town Lots,
and Reenrour West, Foreshore (extra-parochial) adjoining the townlands of
Town Lots and Reenrour West, and bed or shore of Bantry Bay (extra-
parochial) adjoining the said townland of Reenrour West, all in the county of
Cork, West Riding.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." loi
THIRD SCHEDULE referred to in the foregoing Order.
Agreement made the Eleventh day of December 1890 between the Honourable.
Sidney Herbert and the Right Honourable George Joachim Goschen, two of
the Lords Commissioners of Her Majesiv's Treasuiy, hereinafter called the
Treasury (which exression shall include the survivor of them and the executors
administratiors and assigns of such survivor where the context so requires or
admits) of the first pait Lieutenant-General Richard Ilieram Sankey r.e. c.b.
William Richard Le Fanu Esquire and Samuel Ussher Robertn Esquire c.b.
the (commissioners of Public Works in Ireland (hereinalter called the Board of
Works which expression shall include the suriivors and survivor of them and
the executors administrators and assigns of such survivor where the context
so requires or admits) of the sec(jnd part, and the Cork Bandon and South
Coast Railway Company incorporated bv the 8th and 9th Victoria, cap. 122
and designated by their present appellation by the 51>t and i>2nd Victoria
cap. 87 (hereinafter called the Company whiili expres-ion shall include their
successors and assigns where the context so retpdres or admitsl having their
principal üífice at the 'i'erminus Albert Quay in the City of Cork, of the third
part. Whereas the Company being an iri~ii Railway Company having a
Railway open for traffic are promoters of the Railway undertaking known as
the Bantry Bay Extension Railwav between Bantrv and Rantry Bay m the
county of Cork and which Railway together with the Pier Works and con¬
veniences connected therewith are hereinafter referred to sometiines as "the
Undertaking " and sometimes as " the Railway." And whereas the Coiripany
under the provisions of the Tramways (lieland) Acts applied to the Grand
Juryoftlie county Cork hereinafter called the Grand Jurv assembled at the
Spring Assizes 1890 for their approval of the Railway. And whereas the Grand
Jury in exercise of the statutory powers enabling them by Presentment (here¬
inafter called the Presentment) approved oi the Undertaking and authorised
the' Company to consiruet maintain and work the said Railway in the direction
and ai'cording to the le vels specifieti and described in the Plans and Book of
Reference deposited with the Secretary of the' Grand Jury together with all
works and conveniences e onnected therewith. And whereas in pursuance of
the pn-visieins eif the Light Railways (Ireland) Act 1889 hereinafter called the
Act of 1889 the Lord Lieutenant by Order in Council has declared that it is
desirable a Railway should be constructed between (amongst other |)laces)
Bantry and Bantry Bay for the developim nt of Fisln ries and other Industries
but that owing to the circumstances of the district S|)ecial assistatice from the
State is required for its constiuciion and declared that the provisione of the
Act of 1889 should ajtply to such Light Railway. And whereas the report of
the Board of Works made upon the inquiry dincted by the 9th section of the
Tramways (Ireland) Act 1860 as altered by the 7th section of the Act of
1889 approved of "the Undertaking" as shown upon the various Plans
deposited with the Board of Works and as set forth and presentid for in the
Presmtment and the Treasury in pursuance of the Act of 1889 have sanctioned
and have agreed to aid " the Undertaking " either with a iree grant of a capital
sum not exei eding 15,000 L. or hy an annual payment equivalent to 3 per cent,
on such capital sura redeemable by a payment by tbe Treasury to the Company
of the capitalized value of such annual payment calculated at the rate of 33'3
years' purchase or partly in one way and partly in the other and subject in
any case to the obsirvauce by the Company of the term? and condiiions as to
the construction maintenance execution and workim» of " the Undertaking "
and as to the other matters relating to "the Undertaking " hereinafter
appearing.
Now tiicse presents witness that in exercise of the statutory powers in the
Act of lfc89 and c\erv other powei' enabling them in that behalf, it is hereby
agreed and declared between and by the Treasury and the Company and as a
separate agreement it is also hereby agreed and declared between and by the
Board of Works and tiie Company as follows that is to say :—
1. The i reasury hereby sanction "the Undertaking " as approved by the
Board of Works and in exercise of the power in the Railwavs (Ireland) Act
1890 in that behalf enabling them hereby consent and declare that it shall be
lawful for the Company to construct maintain and work under such Agreement
a Railway other than a Light Railway.
67. N 3 2. The
10J COPIES OF ORDERS IN COUNCIL, VND AGREEMENTS
2. The Company shall construct and complete " The Railway including the
permanent way and all stations works and conveniences connected ihnewilh
within the time limited by tlie Order of the Lord Lieutenant in Council and in
aceordance with the working plans sections specifications and designs herein¬
after mentioned and so that the Railway shall be adapted for the existing
rolling stock of the Company and suitable to be woiked in connection with the
existing undertaking of the Company for ever.
3. The Company shall forthwith obtain an Ordei of the Lord Lieutenant in
Council her. inafter called the Order confirming this Agreement and shall
create Debenture Stock to the extent of 15,000 I. at least and shall prove to the
satisfaction of the Board of Works that the sum of 5,000 I. at least has been
expended as next hereinafter provided before they can call on the Treasure to
make any advance on account of the Free Grant or annual payment hereby
agreed to be given.
4. Upon obtaining the Order in Coun il the Company shall proceed to apply
their capital and the said sum of 15,000/. to be pro\-ided by Parliament here¬
inafter called the Parliamentary Grant to and for the purposes in the manner
and |)roportions and subject to the approval and conditions hereinafter
mentioned, that is to say:
(I.) In the first place the Company shall expend the said sum of 5,000 I.
at least as mentioned in the preceding clause in defraying the costs and
expenses properly and necessarily incurred by them of and incident to
this matter and in the execution of the works as hereinafter d« fined and
purchase of the land ncc^ ssary for the consti uction of the Railway which
are hereinafter referred to as the purposes of the undertaking.
(2.) Cpon the expenditure of the said sum of 5,000 I. being duly vouched
to the satisfaction of the Board of Works and certified for by them, the
Treasury will advance to the Company such sums not exceeding 10,000 /.,
poition of the Parliamentary Grant as the Board of Works shall from
time to time certify has been expended for the purposes of the Under¬
taking over an i above the sum of 5,000 /. expended by the Company as
aforesaid.
(3.) After or concurrently with the expenditure of the sai l sum of
10,000/. the Company shall expend a further sum of 5,000 /. at least on
the purposes of the Undertaking.
(4.) Up"n the expenditure of the said sum of 10,000 /. and furtiier sum
of 5,000 I. being fluly vouched and certified for as aforesaid the Treasury
will advance to the Company the further sum of 5,000 /. (or sin h other
sum as may remain of the Parliamentary Grant) in such sums and at such
times as the Board of Works shall certify for, with this qualification that
the !a«t instalment of 2,000 I. out of the Parliamentary Grant shall not be
paid to the Company until after the expiration of three calendar months
from the date of " t le Undertaking" being completed to the satisfaction
of the Board of Works and opened for traffic.
5. In case the Tre.isnry shall so desire and shall sigidfy such desire in
writing to the Company the provisions as regards the Parliamentary Grant and
the application of the Company's capital hereinbefore contained .shall cease to
be applicable to the aid hereby agreed to be afforded to the Company and the
last preceding clause of this Agreement shall thereupon he deemed to be
cancelled and in substitution therefor the following provisions shall apply.
(1.) Upon obtaining the Order the Company shall, before applying for
any portion of the annual payment hereinafter mentioned expend the sum
of 5,000 /. at least on the purposes of the Undertaking.
(2.) Upon the expenditure of the said sum of 5,000/. by the Company
for the purposes of the Undertaking being duly vouched to the satisfaction
of the Board of Works, and certified for by them the Treasury will during
the construction of the Undertaking pay to the Company or their attorney
lawiiillv authorised an annual suui hereinafter called the interim annuity
equivalent to 3 /. per cent, on the amount of money from time to time due
by the Company to the Munster and Leinster Bank Limited on foot of
advances agreed to be made by the said bank to the Company on the
security
MADE UNDER "THE LKíHT RAILWAYS (IRELAND) ACT, 1889." 103
security of ihe said interim annuity which advances are hereinafter referred
to as tlje Banker's ailvances and after "the Railway " has tieen constructed
and completed as hereinbefore provided will pay to the Company an annual
sum equivalent to 3 I. per cent, on the total amount of the Banker's advances
hereinafter called the annuity in aid in perpetuitv as hereinafter s|)eciiied.
The payment of the interim annuity and annuity in aid to be subject to the
following conditions :—
\a. I The Banker's advances shall have been previously expended for the
purposes of the Undertaking and such expenditure certified for bv the Board
of Works.
(Ä.) 'I he Banker's advances shall be in amounts of 3,000/. at least and
shall in ihe aggregate amount to 1.5,000/. and the said 3 /. per cent, shall
be payable in respect oi'each advance from the date of payment thereof by
the Bank to the Company with thi;i qualification tiiat the annual sum of
60 /. the final portion oi the annuity in aid shall not be payable or begin to
accrue until after the expiration of three calendar months from the date of
the Undertaking being completed to the satisfaction of the Board of Works
and opened for traffic.
(r. ) Interim annuity and annuity in aid shall be payable on the 5th of
April and 5th of October in every year.
(d.) In the interval during the said Banker's advances the Company
shall expend 5,000/. at. least of the other monies provided for the Under¬
taking on the purposes of the Undertaking such interim expenditure to be
certified as aforesaid.
6. The expenditure of all monies re(|uired for the purposes of the Undertaking
shall be subject to the following conditions :
(a.) The money shall be applied for the purposes of the Undr rtaking in
a manner approved of by the Board of Works.
(/».) The expenditure of all such money shall be vouched to the satis¬
faction of the Board of Works.
(c.) The appointment of a land valuer shall be subject to the approval of
the Board of Works.
((/.) The Board of Works with the sanction of the Treasury shall appoint
an engineer to inspect and report to them fmm time to time on the works,
hereinafter called the Inspecting Engineer.
7. The working plans sections and specifications for the line of railway pier
and bridges the design and spécification for all station buildings and any material
modificaiinns of the works hereinafter mentioned which line of railway pier
bridges and station buildings are herein referred to as the Works shall from time
to time when prepared by the Company's engineer be lodged w ith and submitted
to the Board of Works for their approval.
And whereas the liinits of deviation shown on the deposited plans and sections
are such as to permit of the line of railway being constructed above high water¬
mark along the northern shore of the Creek at the head of which the town of
Bantryis situate. Now it is hereby agreed and declared that notwithstanding
anything .shown on the deposited plans and sections the Company shall not
(without the previous consent in writing of the Board of Trade on behalf of Her
Majestv) at or near Bantry construct any work or any part thereof below the
line of high water mark.
8. The Company iiereby covenants with the Treasury that in case the sum of
30,000 /. be found insufficient to complete the works (including the proposed
pier) and 0[)en the railway for traffic in accordance with the provisions of this
Agieement they will raise and expend all such further sums of monev as
may be necessary and will complete and open the railway for traffic as aforesaid.
9. So soon as the railway shall have been corrrpleted and opened for traffic
the Company hereby covenants with the Treasury to work the same and the
traffic thereon in an efficient and satisfactory manner and also to maintain the
67. N 4 same
104 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
same such maititenance to include the construction of such additional sidings
and other works and convenientes (if any) as may from time to time be required
for the public accommodation (if the same shall become necessary by reason of
increased traffic) in good order repair and condition and open for public traffic
for ever.
10. The Company hereby covenants witli the Treasury that so soon as the
Undertaking is opened for traffic tliey tlie Company will forever thereafter run
at least two passenger trains each way and at least one goods train (if mixed
trains are not allowed liy the Hoard of Trade) oti week days and at least one
passenger train each way on Sundays between Bantry and Bantry Bay and in
connection with the trains on tlieir own present line.
11. The Treasury shall be sole judges of the construction of this Agreement
and of all matters and things therein referred to save as regards the working
plans specifications and designs or the works to be executed under this Agree¬
ment in which case should the inspecting engineer and the Company's engineer
disagree the matter in dispute shall bo settled by an appeal to the Board of
Trade on the application of either party and the decision of the Board of Trade
thereon shall be final.
12. Noihing herein contained shall charge effect or incumber the real or
personal estate of the parties hereto of the first and second parts they having
executed tiiese presents only in their respective capacities of Lords Commis¬
sioners of Her Majesty's Treasury and Commissioners of Public Works in
Ireland and having no personal interest therein.
In witness whereof the parties aforesaid have hereunto set their hands and
affixed their seals and the said Cork Bandon and South Coast Hail way
Company have hereunto affixed their corporate seal the day and year first
above writtm.
Signed sealed and delivered by Sidney
Herbert, being one of the Lords Commissioners
of Her Majesty's Treasury in presence ol^—
W. A. Barnes, Messenger, Treasury.
Sidney Herbert.
(Seal.)
Signed sealed and delivered by George J.
Goschen, being one of the Lords Commis¬
sioners of Her Majesty's Treasury in presence
of—
C. E. Dawkins, Treasury.
George J. Goschen.
( Seal.)
R. H. Sankey.
Signed sealed and delivered by Richard
Hieram Sankey, William Richard Le Fanu
and Samuel Ussher Roberts, the Commis¬
sioners of Public Works in Ireland in presence j W. R. Le Fanu.
of—
W. M. Lane Solicitor Office of
Public Works.
S. U. Roberts.
(Seal.)
( Seal.)
(Seal.)
Present when the Corporate seal of the said
Cork Bandon and South Coast Railway Com¬
pany affixed hereto—
J, W. Payne Sheares, Chairman
Cork Bandon and South Coast
Railway Company.
E. H. Dormán, Secretary.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 105
THE BALTIMORE EXTENSION RAILWAY ORDER, 1891.
By the Lord Lieutenaid and Privy Council in Ireland.
Zetland.
Whereas tiie Grand Jury of the County of Cork, at the Summer Assizes,
1889, acting in execution of the powers vested in them by the Tramways
(Ireland) Act, 1860, and the Tramways (Ireland) Amendment Act, 1861, made
the Presentment which is set out in the First Schedule to this Order, and thereby
approved of the construction of a Light Railway from Skibbereen to Baltimore
in the said County :
And whereas, by Order dated the 22nd day of August ISgO, the Lords
Justices General and General Governors of Ireland, hv and with the advice of
Her Majesty's Privy Council in Ireland, and in pursuance of the provisions of
the Light Railways (Ireland) Act, 1889, declared among other things that it
was desirable tliat a Light Railway should be constructed between Skibbereen
and Baltimore, in the County of Cork, for tiic development of fisheries or other
industries, but that owing to the circumstances of the district special assistance
from the Srate wa« required fm its construction ; and further declared the
provisions of the said .Act should apjtly to such Light Railway:
And whereas the Promoters have made an agreement approved of by the
Treasury, and bearing date the i8th day of October 1890, with the Cork,
Banden, and South Coast Railway Com])anv (being an Irish Railway Company
having a Railway open for traffic) for the maintenance, management, and
working of the said Light Railway in perpetuity by that Company :
And whereas the report of the Board of Works made upon the inquiry
direeted hy the 9th section of the Tramways (Ireland) Act, 1860. as altered by
the Light Railways (Ireland) Act, 1889, having approved of the Undertaking
with certain modifications thereof, the Treasury duly sanctioned the said
Undertaking, and made an agreement with the Promotors, bearing date the
i8th day of October 1890, for the construction of the said Light Railway, and
for the maintenance and working thereof in perpetuitv by the Cork, Bandon,
and South Coast Railway Company, and have further agreed that the Under¬
taking shall be aided out of public money hy a free grant not exceetling
56,700 I. :
And whereas the Treasury, in exercise of the power in the Railways (Ireland)
Act, 1890, enabling them, signified their consent that the Promoters may con-
strucf, under such agreement, a Railway other than a Light Railway.
And whereas tlie Cork, Bandon, and South Coast Railway Company have
established, to the satisfaction of the Lord Lieutenant in Council, that a copy
of this Order has been submitted to the Proprietors of the said Company at a
meeting held specially for that purpose, as if this Order were a Bill promoted
in Parliament by that Company, and all matters and tldngs have been done and
have happened, and all times have elapsed which, if this Order were a Bill so pro¬
moted as aforesaid, would have been done and happened and elapsed in order
to constitute compliance with the Standing Orders of Pailiament applicable to
Bills promoted by railway companies for the like purpose as those referred to
in the 5th section of the Light Railwa\s (Ireland) Act, 1889 :
And whereas the Baltimore Extension Railway Company (Limited) being the
Promoters of the said undertaking, presented a memorial to the Lord Lieutenant
in Council, praying for an Order to authorise the construction of the Light
Railway mentioned in such memorial, and to confirm the said presentment, and
to sanction said agreement :
And it appears to the Lord Lieutenant in Council expedient to make the
Order following:—
Therefore it is ordered by the Lord Lieutenant General and General
Governor of Ireland, by and with the advice of Her Majesty's Privy
Council in Ireland.
67. Ö
lof) COPIES OP^ ÜIIDERS IN COUNCIL, AND AGREEMENTS
Promoters.
1. The Baltimore Extension Railway Company (Limited) shall be th
Promoters for the purposes of this Order, and the Company and their Assigns
are in this Order rei'erred to as the '• Promoters."
Power to Construct Line.
•2. The Promoteis may construct, maintain, and work, subject to the pro¬
visions of this Order and of tiie Acts incorporatal herewith, the Railway (here¬
inafter called the Railway) described in the Second Schedule to this Order in
the directions and levels, with the powers of deviation (if any) specified and
dcsciibid in the j)lans, books of reference, and sections de])Osited by the Pro¬
moters with the Secretary of the Grand .lury of the County of Cork, hereinafter
refcrred to as the deposited plans, and in accordance with the terras and con¬
ditions of the Presentment set forth in the Second Schedule hereto, with all
proper rails, plates, offices, engine houses, stables, carriage-houses, warehouses,
works, and conveniences connected therewith or for the purposes thererT, and
(subject to the provisions of the said Acts) may by agreement or otherwise
purchase, acquire, and hold all such lands and easements as may be necessary
for the purposes ot the Railway, and any engme-houses, staides, carriage-houses,
warehouses, and other buildings and works requisite for the working of the
Railway.
Gauge and other Particulars.
3. The gauge of the Railway shall be five feet three inches, and it shall be
lawful for the Promoters to construct a Railway other than a Light Railway.
Compulsory Purchase of Lands.
4. From and after the time when this Order becomes binding the Promoters
shall be empowered to put in force the provisions of the Lands Clauses Acts,
with respect to the purchase and taking of lands otherwise than by agreement,
witb reference to the lands and premises within the limits of deviation in the
said deposited plan«.
The powers of compulsory purchase conferred by this Order shall not be
exercised after the expiration of three years from the time when this Order
becomes binding. Sections 42 and 43 of the Tramways (Ireland) Act, 1800,
or cither of them, shall not apply to such Light Railway.
Time for Completion.
The Promoters shall complete and finish ready for use the Railway w ithin
18 months from the date of this Order becoming binding.
Confirmation of Presentment of Grand Jury.
(i. The presentment or approval of tiie Grand Jury of the county of Cork,
which is set out in the First Schedule to this Order, is hereby confirmed.
Power to Cross Roads.
J. Tin; Promoters may, subject to the provision& of the Acts incorporated
herewith and of this Order, for the purposes of the Railway and construction
thereof, cross, alter, or divert, temporarily or permanently, any roads, streets,
highways, streams, sewer pipes, or other works.
Provided that the Promoters shall not cross, alter, or divert, or in any way
interfere with, any tdegrajffiic line of the Postmaster-General, except in accord¬
ance with and subject to the provisions of the Telegraph Act, 1878. The
expression " telegraphic line " has the same meaning as in the Telegraph Act,
1878.
Kolice to County Surveyor.
8. Before the Promoters commence to open or break up a street or high road
they shall give to the County Surveyor notice of their intention to do so, such
notice to be given forty-eight hours before the commencement of the work.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 107
Snperintendence hy County Surveyor.
9. They shall not open ox- break up any street or road save and except with
the approval and under the superintendence of the said County Surveyor, or
unless he neglects or refuses to give such superintendence at the times specified
in the notice of the Promoters, or discontinues the same during the work. Tlie
County Surveyor shall be paid by the Promoters such i-easonable remunei'ation
for the duties hereby imposed upon him as may be directed Ixy the Loi'd
Lieutenant by any general or special order.
Restoriny Roads.
10. The Pi'omotei's shall, after having opened or broken up a street or high
road, with all convenient speed, complete the work on account of which they
opened or broke up the same, and (subject to the formation of the Railway)
fill in the ground, level and make good the surface, and generally restore the
street or high road to as good a condition as that in which it was, before it was
opened or broken up, and clear away all rubbish occasioned thereby. Thev
shall, during such period as the street or the high road may be opened or broken
up, cause the place whei'e the street or high road is opened or broken up to be
fenced and watched, atid to be properly lighted at niglit.
Maintenance of Sidings and Rails.
11. The Promoters shall, at their own expense, maintain and repair all
sidings on which the Railway shall be laid.
Level Crossings.
12. The Promotei's shall construct to the satisfaction of the Countv Surveyor
all such level crossings as are provided for by the deposited plans.
Power to enforce Obligations of Promoters.
13. In case the Promotei's shall at any time fail or neglect to carry out any
work of maintenance or repair uf)on or in connection with any public I'oad or
highway crossed or interfered with by the Railway imposed upon them by this
Order, after the expiration of four days from the service on them of a notice in
writing by the County Surveyor or his assistants, it shall be lawful for any two
magistrates of the county, without prejudice to any other remedy in that behalf,
to order any such work of maintenance or repair as aforesaid to be executed
by the Promoters, at their own expense, within such time as the said magistrates
shall direct, and in default thereof it shall be lawful for tiie County Surveyor to
cause said work to be executed, and the Pi'omoters shall on demand by the
County Surveyor pay to him all expense incurred in the execution thereof.
Right as to Roads.
14. The Promoters shall not be deemed to acquire any x-ight other tlian that
of use only in the soil of any street or high road across which they may lay the
Railway.
Additional Powers as to Crossings and Works.
15. The Promoters may, subject to the provisions of this Order, from time to
time make all such crossings, roads, passing places, sidings, juixctions, and other
wox-ks in addition to those particularly mentioned in the said deposited jdans
and sections as may from time to time be necessary or convenient for the efficient
working of the Railway, or for providing access to any stables, carriage-houses,
engine stox-es, wai*ehouses, or works of the Promotors.
Temporary Works.
16. If and whenever it shall be necessary for the purpose of repair or other
similar or temporary purposes to remove or close any part of the Railway the
Pi omoters may lay down and maintain for the time necessary, but no longer, on
some other part of the same Railway, or on an adjoing part of the road, a tem¬
porary Railway or Tram way instead of the parts removed or closed, and mav
maintain and use the same until the part so removed or closed is reinst ited.
b'7. O 2
io8 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Tolls.
17. Tiie Promotors shall be entitled to demand and take such tolls and
charges as slmll not exceed the maximum tolls and rates of charges which are
specified in the Schedule to the Tramways (Ireland) Act, 18d0, or any amend¬
ment thereof, or under any present or future Act for the regulation of
railways.
List of Tolls.
18. A list of all the tolls and charges authorized to be taken shall be
exhibited in a conspicuous place at each station of the said railway.
Form of Rail.
19. The form of rail where same is laid across the public road shall be
approved by the said County Surveyor, but in the event of the Promoters being
dissatisfied with his decision they shall be at liberty to appeal to the Board of
Trade, whose decision shall be final.
Roof Loading.
20. No ))assengers or goods shall be carried on the ro o of any tramcar,
wagon, or carriage, except witii the permission of the Board of Trade, and
subject to any comlitions which they may impose.
Motive Rower.
21. Tiie carriages u.sed on the railway may, subject to the provisions of this
Order, be moved by animal or steam power or any mechanical power. The
exercise of the powers hereby conferred with respect to the use of the steam or
any mechanical power shall be subject to any regulations which may be
prescribed by any Order which the Board of Trade may, and which they are
hereby empowered to make from time to time, as and when they may think fit,
for securing to the public all reasonable protection against danger in the exercise
of the powers by this Order confened with respect to the use of steam or any
mechanical power on the railway.
Fences and Walls.
22. Before the railway shall be opened for traffic the Promoters shall erect
and complete all such new fences, railings, and walls, and strengthen, improve,
and alter all such existing fences, railings, or walls as the County Surveyor shall
consider necessary to make any street or road in or along which the railway shall
be laid in such county, safe for the use of the public, and shall thereafter main¬
tain and keep the same in good order, repair, and condition.
Costs of Order.
23. The costs, charges, and expenses of obtaining this Order, including the
amount of any deposit required to be made under said Acts, shall be paid by
the Promoters out of the paid-up capital of the Company.
Kee¡)mg of Accounts.
24. The Promoters shall keep full, true, and distinct books of account,
showing the capital of the undertaking, and its receipts from every source, and
its expenditure, aud they sh:di keep and preserve all receipts and other docu¬
ments necessary for vouching same, and shall at all times produce the said
books, receipts, and documents for the inspection of such person or persons
as the Treasury from time to time appoint to examine same.
Audit of Accounts.
25. The accounts of the undertaking shall be audited by some fit and proper
person to be appointed from time to time for that purpose by the Treasury,
and the Promoters shall produce, for the inspection and examination of such
Auditor, their books of account and all receipts and documents necessary for
vouching same, and supply the Auditor with all such further information as
may
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 109
may be reasonably required by him fur the purpose of auditing the said
accounts; and the Auditor shall, on or before tiie 15th May following his
appointment, furnish a statement of the result of the audit, with a summary of
the accounts of the undertaking since the last jtreceding audit, to the Cornmis-
sioners of Public Works in Ireland.
Confirmation of Working Agreement,
26. The .\greemint dated the 8tli day of October 1890, and made between
the Promoters of the one part, and the Cork, Bandon, and South Coast Railway
Company oi' the other part, approved of by the Treasury, which is set out in the
Fourth Schedule to this Order, for the maintenance, management, and working
of the Railway by the Cork, Bandon, and South Coast Railway Company in
perpetuity, is her by sanctioned, and the Cork, Bandon, and Soutii Coast
Railway Company is hereby authorimd to maintain, manage, and work the
Railway in perpetuit}- under the said Agreement.
Application of Post Office {Parcels) Act, 1882.
27. The Post Office (Parcels) Act, 1882, shall apply tu the said Light Rail¬
way, and for the purposes of that Act the Light Railwav shall be deemed to
be a Railway and the Promoters a Railway tannpany.
Provision for Protection of the Postmaster General, in the event of the
Railway heing worked by Electricity.
28. In the event of the said Railwav being worked by electricity, the follow¬
ing provisions shall have effect: —
( 1.) The Promoters shall construct their electric lines and other works
of all descriptions and shall work their undertaking in all n spects with
due regard to the telegraphic lines from time to time u^ed or intended to
be used by Her Majesty's Postmaster General, and the currents in such
telegraphic lines, and shall use every reasonable means in the construction
of their electric lines and other works of all descriptions, and the working
of their undertaking, to prevent injurious att'ectiun, whether by induction
or otherwise, to such telegraphic lines, or the currents therein. If any
question arises as to whether the Frornoteis have constructed their electric
lines or other works, or work their undertaking in contravent on of this
sub-section, such question shall be determined by arbitration, and the
Promoters shall be bound to make any alterations in. or additions to, their
sy.stem which may be directed by the arbitrator.
(2 )—(«.) Before any electric line is laid down, or any act or work for
working the said Railway by electricity is done within 10 yards of any part
of a telegraph line of the Postmaster General (other than repairs or
the laying of lines erossing the line of the Postmaster General at right
angles at the point of shortest distance, and so continuing for a distance of
6 feet on each side of such point), the Promoters or their agents, not more
than 28, nor less than 14 days before commencing the work, shall give
written notice to the Postmaster General specifying the course of the line,
and the nature of the work, including the gauge of any wire, and the
Promoters and their agents shall conform with such reasonable require¬
ments Neither general or special, as may from time to time be made by the
Postmaster General for the purpose of preventing any telegraphic line of
the Postmaster General from being injuriously affected by the said act or
work.
(¿.) Any difference which arises between the Postmaster General and
the Promoters or their agents with respect to any requirements so made
shall be determined by arbitration.
(3.) in the event of any contravention of, or wilful non-compliance with
this section by the Promoters or their agents, the Promoters shall be liable
to a fine not exceeding 10 I, for every day during which such contravention
or non-compliance continues ; or if the telegraphic communication is
wilfully interrupted, not exceeding 50 1. for every day on which such inter-
terruption continues.
67, O 3 (4.) Provided
no COPIES OF ORDERS IX COCNCIL, AND AGREEMENTS
(4.) Provided that notliiiig in this section shall subject the Promoters
or their agents to a fine under tliis section, if they satisfy the Court having
co«nisance of the case that the immediate doing of the act or execution of
o ^ , n
the work »as lequii-ed to avoid un accident, or otherwise was a work of
emergency, and that they forthwith served on the Postmaster or Sub-Post¬
master of the Postal Telegraph Office, nearest to the place where the act
or work was done, a notice of the execution thereof, stating the reason for
doing or executing the same without a previous notice.
(3.) For the purposes of this section a telegraphic line of the Postmaster
General shall be deemed to he injuriously affected by an act or work if
telegraphic communication by means of such line is, whether through in¬
duction or otherwise, in any manner affected by such act or work, or by
any use made of such work.
(6.) For the purposes of this section, and subject as therein provided,
Sections 2, 8, 9, 10, 11, and 12 of the Telegraph Act, 18/8, shall be
de emed to be incorporated w ith ihis Act, as if the Promoters were under¬
takers within the meaning of those sections, without prejudice nevertheless
to any operation which the other sections of the said Act would liave had
if this section had not been enacted, and, in particular, nothing in this
section shall he deemed to exclude th.e provisions of Section 7 of the
Telegraph Act, 1878, in relation to the matters mentioned in that
section.
(7-) The expression " electric line " has the same meaning in this section
as in the Electric Lighting Act, 1882.
(8.) Any question or difference arising under this section which is
directed to be determined by arbitration shall be determined by an arbitrator
appointed by the Board of Ti ade on the application of either partv, whose
decision shall be final, and Sections 30 to 32, both inclusive, of the
Regulation of Railways Act, 1868, shall apply in like manner as if the
Promoters or their agents were a company within the meaning of that Act.
(9.) Nothing in this section contained shall be held to deprive the Post¬
master General of any existing right to proceed against the Promoters by
indictment, action, or otherwise, in relation to any of the matters aforesaid.
Works below High-water mark not. to be, commenced without Consent of
Board of Trade.
29. The Promoters shall not construct on the shore of the sea, or of any
creek, bay, arm of the sea, or navigable river communicating thei'ewith, where
and so far up the same as the tide flows and re-flows, any work without the
previous consent of the Board of Trade, to be signified in writing under the
hand of one of the Secretaries or Assistant Secretaries of the Board of Trade, and
then only according to such plan and under such restrictions and regulations as
the Board of Trade may approve of, such approval being signified as last afore¬
said ; and where any such work may have been constructed, the Promoters shall
not at any time alter or extend the same without obtaining, previously to
making any such alteiation or extension, the like consents or approvals. If any
such work be commenced or completed contrary to the provisions of this Order
the Board of Trade may abate and remove the same and restore the site thereof
to its former condition at the cost and charge of the Promoters, and the amount
of such costs and charges be a debt duo from the Promoters to the Crown, and
shall be recoverable accordingly with costs.
Protection of Navigation.
30. Sections 13 to 19, both inclusive, of the Railways Clauses Act, 1863,
shall (so far as the same are applicable) he incorporated with and form part of
this Order.
Saving Rights of the Crown in the Foreshore.
31. Nothing contained in this Order shall authorise the Promoters to take,
use, or in any manner interfere witli any portion of the shore or bed of the
sea. or of any river, channel, creek, bay, or estuary, or any right in respect
thereof^
MADE UNDER " THE LIGHT RAILWAYS (IRELAxXU) ACT, 1889." 11 i
thereof, belonging to the Queen's jMoet Excellent Majesty in right of Her Crown,
and under the management of the Board of Trade, without ihe previous consent
in writing of the Board of Trade on behalf of Her Majesty (which consent the
Board of Trade may give), neither shall anything in this Order contained
extend to take away, prejudice, diminish, or alter any of the estates, rights,
privileges, powers, or authorities vested in or enjoyed or exercisable, by the
Queen's Majesty, Her Heirs, or Successors.
Land Reclaimed hy the IVorks not to he taken icithout the Consent of the
Board of Trade.
32. If in the course or by means of any of the woiks by this Order autbovised,
any part of the bed of the River Hen belonging to Her Majesty shall be inned,
gained, or reclaimed from the water, the Promoters shall not have or exercise
any right upon the same, or in respect thereof, and shall not enter upon, take,
use, or interfere with the land so inned, gained, or reclaimed for any purpose
whatsoever without the consent in writing of the Board of Trade on behalf of
Her Majesty, but such inning, gaining, or reclamation shall enure absolutely
for the Queen's Majesty, Her Heirs and Successors.
Saving Rights of the Crown under Crown Lands Act.
33. Nothing contained in this Order, or to be done under the authority
thereof, shall in any manner affect the title to, or any rights, powers, or
authorities mentioned in or reserved by Sections 21 and 22 of the Crown
Lands Act, 18G6, and belonging to or exercisable by Her Majesty, Her Heirs,
or Successors.
Copy of Map, Plan, and Booh of Reference to be lodged with Board of Trade.
34. Within one calendar month from the date of this Order the Promoters
shall lodge with the Board of Trade one copy of the Ma[) and Plans descrihing
the Railway, together with one copy of the Book of Reference.
Incorporation of Acts.
35. The Lands Clauses Consolidation Act, 1845, the Railways Clauses Con¬
solidation Act, 1845; the Railways Act (Ireland), 1851; and the Transfer of
Railways (Ireland) Act, 189Ü, shall, subject to the provisions of the Trainwaj's
flreland) Acts, be incorporated with this Order, except where the same are
expressly varied by this Order. The provisions of the said Acts directing
deposits to be made with Clerks of the Peace (except the provisions relative to
access to the special Act) and with Clerks of the Poor-law Unions and Post¬
masters, and the provisions with respect to the crossing of roads and other
interferences therewith (other than the provisions of the Railways Clauses Con¬
solidation Act, 1845, Sections G5, GG, G7), and the provisions with respect to
the use of locomotive engines or other moving power not being animal power,
are hereby excepted out of the incorporation hereinbefore made.
Interpretation.
3G. In this Order the several words, terms, and expressions to which
meanings are assigned by the Tramways (Ireland) Acts, have the same
meanings, respectively.
Provided that in this Order the expression " the Railway " and the "Under¬
taking " shall mean, respectivly, the Railway and works, and the Undertaking-
authorised in this Order.
Provided also that ill this Order the term "the Tramways (Ireland) Acts"
means the Tramways (Ireland) Act, 18G0; the Tramways (Ireland) Amend-
msnt Act, 18G1 ; the Act 34 & 35 Vict. c. 114 ; the Act 39 & 40 Vict. c. G5 ;
the Tramways (Ireland) Amendment Act, 1881 ; and the Tramways and Public
Companies (Ireland) Act, 1883; the Light Railways (Ireland) Act, 1889;
the Railways (Ireland) Act, 1890; and the Transfer of Railways (Ireland)
Act, 1890.
67. O 4
112 COPIES OF ORDERS IX COUNCIL, AND AGREEMENTS
Short Title.
37. This Order may be cited for ;ill purposes as the " Baltimore Extension
Older, 1891."
Given at the Council Chamber, Dublin Castle, this 17th day of February 1891.
Ashbourne, C. Hedges Fyre Chatterton.
Drogheda. Ion T. Hamilton.
Belmore. William B. Forde.
Wolseley West Ridgeiray.
Morris. W. Hume-Dick.
THE FIRST SCHEDULE referred to in the foregoing Order:
Presentment of the Grand Jury, 6 & 7 Will. 4. c. 116 ; 23 & 24 Vict. c. 152 ;
52 & 53 Vict. c. 66.
COUNTY OF CORK SUMMER ASSIZES, 1889.
"Whereas the Baltimore Extension Railway Company, Limited, hereinafter
called the Company, duly presented their memorial pursuant to the provisions
of the Tramways (Ireland) Act, 1860, and the Acts amending^and extending
the same, jiraying for an Order in Council autiiorising them to construct, main¬
tain, and work a light r dlway, hereinafter called the Undertaking, and con¬
sisting of tiie Light Railway described in the draft Order to tiie said memorial
annext d, from Raltimore to .^kibbereen, in tliesaio county, and passing through
the barony of west division of West Carberry : And whereas tiie Company duly
made application to the Grand Jury of the County of Cork to approve of the
said Undertaking in manner authorised by said Acts, and have duly complied
with tiie reriuirements thereof :
Now, we, the Grand Jury of the County of Cork, iiaving ascertained that
the requirements prescribed by the said .Acts have been complied with, and
having inquired into the merits of the Undertaking, and having taken into
consideration the report of the county surveyor, and having heard all per¬
sons interested who apoared before us, hereby approve of the said Under¬
taking, and of the consti uction, maintenance, and working of the said light
railway in the directions and according to the levels specified and described
in the plans, books of reference, and sections deposited with the secretary
of the Grand Jury of the county, the Promoters undertaking to comply
with the requirements of the county surveyor as to the construction of
the line, and to make same subject to his approval, so far as the same
affects the public roads or other county interests. It being clearly understood
that the approval hereby given by the Grand Jury is not to he taken to and
does not involve the ratepayers or impose upon the county any liability present
or fniure for tbe payment of dividends upon any part of the capital of the
Company, or for the completion, working, or maintenance of the Undertaking,
or for compensation in case of accidents, or any other pecuniary liability
whatever. (signed) C. Pur don Coote, Foreman.
18 July 1889.
SECOND SCHEDULE referred to in the foregoing Order.
.Description of the Li^ht Railway.
A Railway commencing at a point on the Hen Valley Railway, about 600
feet, north of its termination on the ouay wall of the lien River, in the townland
of Marsh, continuing through portion of the township of Skibbereen and the
townlands of Coranea, Carrigfadda, and Mallavonea, in the parish of Abhey-
strowry ; through the townlands of Mallavonea, in the parish of Abbeystrowry,
through the townlands of Mallavonea, in the parish of Aghadown ; and the
townlands of Licknaver, Bunlick, Derrjgereen, Old Court, Creagh, and Lacka-
ghane, in the parish of Creagh ; and the townlands of Rathinore, Ballylinchey,
and Baltimore, in the parish of Tullagh or parts of them, and terminating on
the sea wall at a point measuring about 50 feet west of Baltimore Castle ; the
total length of the said Railway being about 7 miles 3 furlongs and 85 chains,
wholly situate in the west diyision of the barony of AVest Carbery, and in the
M '^est Riding of the County of Cork.
MADE UNDER '^THE LIGHT RAILW AYS (lUELAAD) ACT, 1889.' 113
THIRD RCHEDUI.E referred to in tlie foregoing' Order.
ARTICLES OF AGREEMENT made the 18th day of October 1890, between
the Honourable Sidney Herbert and Colonel Sir MC H. M'al-
rond, Raronet, two of the Lords Commissioners of Her Majesty's
Treasury, iiereinafter called " The Treasury," which expression sh^ll include
the survivor of them, and the executors, adiriinistrators, and assigns of
such survivor where the context so requires or admits, of tlie first
part, Lieutenant-General Richard Hier,\m Sankey, r.e. c.b., Wil¬
liam Richard Le Fanu, Esq., and Samuel Ussher Roberts, Esq.,
c.b., tlie Commissioners of Public Works in Ireland, iiereinafter called the
Board of M'orks, which expression shall include the survivors and survivor
of them, and the executors, administrators, and assigns, of such survivor,
where the context so requires, or admits, of the second parr, and the
Baltimore Extension Railway Company, Limited, hereinafter called
"The Company," which expression sliall include their successors and
assigns, where the context so requires or admits, of the third part.
Whereas the Company, being a public company, has been duly incorporated
and registered for the purpose {inter alia) of promoting a Light Railway between
Baltimore and Skibbereen, in the county of t'ork, and obtaining ihe neces-ary
authority to make, equip, work, and maintain same, or to enter into contracts
with any other company for the equipping, maintenance, and working of such
Light Railway ;
And whereas the Company duly presented their Memorial pursuant to the
provisions of the Tramways (Ireland) Act, 1860, and the Acts amending and
extending the same, praying for an Order in Council to construct, maintain,
and work the said Light Railway, hereinafter sometimes referred to as the
undertaking :
And whereas the Grand Jury of the county of Cork, duly assembled at the
Summer Assizes, 1889, having ascertained tliat the requirements pre-crihed by
said Acts had been complied with by the Company, and having inquired into
the meiits of the undertaking, and having taken into consideration the report
of the county surveyor, and having heard all persons interested who appeared
before them, did approve of the undertaking, and of the construction, main¬
tenance, and working of the said Light Railway in the dii ections, and according
to the levels specified and de.-:cribed in the plans, books of reference, and
sections deposited with the secretary of the said grand jury by the Co ui^any ;
And whereas the Lord Lieutenant by Orders in Council, bearing date
respectively the 1st day of November 1889, and the 22nd day of August
1890, made in pursuance of the Light Railways (Ireland) Act, 1889,
hereinafter called the Act of 1889, did, amongst other things, dedare it
desirable, for the development of fisheries and other industries, that a Light
Railway should be constructed between Skibbereen and Baltimore, aforesaid,
and that, owing to the circumstances of tlie district, special assisiance for this
purpose was required from the State, and fhattiie provisions of the Act of 1889
should be applicable 10 such Light Railway ;
And whereas the Board of Works duly held the inquiry into the said under¬
taking prescribed by the 9th section of the Tramways (Ireland) Act, 1860, as
altered by the 7th section of the Act of 1889, and by a report, dated the 6th
day of March 1890, approved of the said Light Railway, and reported that the
amount of capital necessary for the purposes thereof would be the sum of
56,700 /., and that no provision for working capital was necessary, as it was
proposed that the line should be worked by tlie Coi'k, Bandon, and South
Coast Railway Company, and further that ihe merits, in all points of view of
the undertaking, were superior as compared with those of any other Light
Railway which might be constructed for opening up communication through
the same district :
And whereas, by Articles of Agreement approved of by the Treasury, dated
the 8th day of October 1890, and made between the Company of the one part,
and the Cork, Bandon, and South Coast Railway Company (the last-mentioned
Company being an Irish Railway Company having a Railway open for traffic
07. P within
114 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
within the meaning of the Act of 1889), of the other part, hereinafter called
the Provisional Agreement, it is provided that in the event of the Order herein¬
after mentioned being duly made, and upon the said Light Railway being duly
constructed and completed, tlie Coik, Bandon, and South Coast Railway
Company shall, bv their own officers and servants, work and maintain the
same a^^ part oí their own system, in perpetuity, upon the terms therein jtar-
ticularly mentioned;
And whereas the Treasury, in pursuance of the Act of 1889, have
sanctioned the undertakiiiL', and have agreed to aid the same with a free grant
of a capital sum not exceeding 56,700 out of monies to he provided by
Parliament upon the ten: s and conditions as to the construction, maintenance,
execution, and working of the undei taking, and in the other respects herein¬
after appearing :
Now tiiese presents witness that in pursuance of tiie statutory power
in the Act of 1889, and of every other power enabling them in that
behalf, it i^ hereby agreed and declared by and between the Treasury and the
Company, and as a separate agreement it is also hereby agreed and declared by
and between the Board of Works and the (iompany as follows, that is to
say : —
1. The Treasury hereby sanction the undertaking as modified and approved
of by the Board of Works.
2. The Company shall within two months from the date of these presents
make application for, and take all necessary steps to obtain an Order of the
Lord Lieutenant in Council, hereinafter called the Order, confirming this
Agreement.
8. immediately aftcT oi>taining the Order, the Company shall furnish to the
Hoard of Works an account of the preliminary expenses, that is to say, an
account of the engineering, law, and other expenses, properly and necessarily
incurred by tlic Company in promoting the undertaking.
4. Along with the account of such expenses, the Company shall furnish to
the Board of Works agreements in writing, made between the Company and
their engini er, solicitor, and such other officials as the Treasury mav require,
whereby the said engineer, solicitor, or other officials shall agree to accept
remuneration at such fixed rate per mile (d' the undertaking, as the Treasury
may d( termine, in lieu of all other remuneration whatsoever. The gross total
of the expenses incurred, or to he incurred under this and the preceding
paragrajdi, but exclusive of the l osts of land claimants and arbitration expenses,
shall not exceed the sum ol 3,200/.
5. At or before the time of lodging the account of the expenses and
agreements lastly mentioned, the Company shall open an account with a
banking companv, to be approved of by the Board of Works, hereinafter called
No. 1 Account, and upon the Company furnishing the account of expenses
hereinbefore mentioned, the Boaid of Works shall lodge to the credit of No. 1
Account a sum of 1,300/., and upon the approval of the working plans and
spcciiications to be lodged with the Board of Works as heieinafter mentioned,
they shall also lodge to the c redit of No. 1 Account a further sum of 500 /.,
subject, nevertheless, to the conditions as regards the company vouching the
jtayments to be made out of the said first lodgment, in the manner hereinalter
mentioned ; a further lodgment of 600 /. shall he made when the engineer to be
nominated by the Hoard of Works with the consent of the Treasury certitíes
that one-half of the works are done. No further lodgment to the credit of No. 1
Account shall he made until the undertaking is fully completed and open for
traffic, when the Hoard of Woiks shall lodge the balance of the sum agreed to
be advanced for the purposes mentioned in paragraphs 3 and 4 hereof, not ex¬
ceeding in the whole the said sum of 3,200 /.
6. The Company shall make all payments for the purposes mentioned in
paragmplis 3 and 4 hereof, by cheques drawn directlv on No. 1 Account, and
shall vouch each such payment to the satisfaction of the Board of Works, within
28 days after the same shall have been made, and the Board of VVorks
shall not be bound to make any advance to the credit of No. 1 Account until
all previous advances have been vouched as aforesaid.
7. The
MADE UNDER «THE LIGHT RAILW AYS (IRELAND) ACT, 1889." 115
7. 'I'lie Company shall open another account with the same banking company,
hereinafter called So. 2 Account, in the name or names of some person or
pei sons to be nondnoted by them and approved of by tbe Board of Work^, and
for whose acts the Companv shall be responsible, and after tlie lodgment ( f the
working plans and specifications with the Board of Works, as hereinafter men¬
tioned, the Board of Worksshall from time to time lodge to the credit of No. 2
Account, for the purposes hereinafter mentioned, sums of rn-mey notexceedin«
at any one time the sum of 1,000/., subject, nevertheless, to the Company
vouching the p .yments made on foot of No. 2 Account, and I'urnishing the
estimate hereinafter mentioned.
8. Payments for tiie lands required for the purposes of the undertaking, in¬
cluding the costs of the land claimants' solicitors, and the costs of any arbitra¬
tion in connection "ith tbe taking of land (other than tbe Company's solicitor's
costs), shall be paid by cheques drawn direct on No. 2 Account, and the (Jom-
f)any shall vouch every such payment to the satisfaction o' the Board of Works,
within 28 days after the same shall have been made. And the Board of' Works
shall not be hound 10 make any advam e to the credit of No. 2 Account, after
the first advance, uniii all previous advance- diall have been so vouched, and
the Com[)any si all also have furnished tn them an estimate of the [¡mbable
further an ount required for tbe purjjdses of .No. 2 Account.
9. The Company shall construct and complete the said Light Railway,
including the permanent way, and all stations, works, and conveniences in
connection therewitli, within the time limited in the Older, and in accordance
with the working ])lans, sections, specifications, and designs hereinafter
mentioned, and to the satisfaction of tiie engineer to be nominated by tiie
Board of Works, with the consent of the d'reasui'v, and the same shall be
maintained and worked by the Coik, Bandon, and South Coast Railway
Company, pursuant to the terms of the Provisional Agreement.
10. The working plans, sections, and specifications for the line of railway ;
the designs and specification.- for ail stations, buildings, and bridges for the
undertaking, which line of railway, stations, buildings, and bridge.s are herein¬
after referred to as the works, iihall be prepared by tlie Company's engineer,
and when so prepared shall he ap; rovid and settled by the engineer of the
Cork, Bandoi', and South Coast Railway Company, and the engineer appointed
by the Board of Works, as aforesaid, and signed by both said last-mentioned
engineers, ai d lodged wiih the Board of Works ; and the said working plans,
sections, sjiecifications. and designs for the works, shall then become the
property of the Treasury, and no tender shall be advertised lor until the said
working plans, sections, specifications, and designs for the works have been so
signed and lodged.
11. Unless the Board of Works shall otherwise direct, at least one month's
previous notice of all tenders, including the inclusive contract liereinafter
mentioned, f r the exi cution of the works, or f r supplying materials for the
undertaking, shall be given by advertisement in a form to be approved of by
the Board of M orks, such form to be lodged with the Board of Works for their
ap|jroval within seven days after the .said working plans, sections, specifications,
and designs have been approved of as aforesaid, in sucii newsiiapers as they
may direct, and all tenders shall he addre-sed under cover as follows:—
To the Secretary,
Bdtimore Extension Railway Company, Limited,
Care of the Commissioners of Bublic Works,
Custom Hou^e, Dublin.
And every tender shall he opened in the presence of some person or persons
appointed by the directors of the Company to represent them, and at least one
of the Commissioners of Biiblic Works; and no tender shall be accepted unless
the person tendering, and the security he proposes to give for the completion
of the works, shall have been approved of by the Board of Works.
67. P 2 12. Every
ii6 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
12. Every contiact deed for the execution of any work required for the under¬
taking shall, before it is entered into, be submitted to the Board of Works ibr
approval, and shall contain in addition to the usual clauses such other clau-es
and conditions as iiaving regard to the nature of the transaction the Board of
Works may deem to be advisable. All payments on foot of every such contract
shall be made directly by the Board of Works to the co /tractor, in such manner,
and subject to such conditions as regards detention money, payment for extra
works, and all other matters and things as may be provided by the contract
deed or deeds ; and if the Board of Work.s deem it advisable, they shall be
named us a party to the contract deed or deeds, and the contract or 'contracts
shall be deemed to he made with them as well as with the Company.
13. Wherever the said Light Railway crosses or adjoins any tidal or navi¬
gable waters, the Company shall not, without, the previous consent of the Board
of Trade, execute any work below high water mark of ordinary tides, or do
anything whereby any right of navigation, or any rights of the Crown in any
tidal lands may be affected or interfered with.
H. The Treasury shall have power to require, anything to the contrary here¬
inbefore contaiu 'd notwithstanding, that the contract to be entered into for the
construction of the undertaking shall be a contract for the entire execution,
construction, and completion of the same, and all matters and things connected
therewith, lureinaftei called " the Inclusive Contract," and that such contract
shall contain a covenant that the contractors, in consideration of a bulk sum,
to be paid to them as hereinafter mentioned, shall, at their own cost, from time
to time as may be nece.s.sary, provide all land which may he required for the
construction of the undertaking and the works connected therewith, and proper
stations, offices, warehouses, and other conveniences for the same, both the
lands required for the permanent way and site of the woi ks, and also the lands
required for temporary purposes, or ibr depositing the materials excavated from
the foundation and site of the works upon the following terms, and such others
as the Board of Works shall deem to be expedient.
(a) The contraciors shall, for the purpose of acquiring the said lands, he
authorised, at their own cost, to use all the powers vested in the Company by
statute or by the Order.
(ht The contractors shall make definite arrangements with the owners of
property in respect of all land or property taken, used, or entered op, for any
purpose whatever, and whether pern anently or temporarily, and shall pay all
damages, compensation, and jmreiiase, or other money which may become
payable in respect thereof, or in respect of tres|)ass, or in respect of injury to
adjoining or contiguous jtroperty, or in respect of the use, as aforesaid, of the
Company's statutory or other powers, and shall indemnify the tiompany and
also the Board of \Forks therefiom, and from all claims and demands on
account thcreot ; and if the Board of Works shall he called upon to pay any
such monies, the sums so paid, or which they may he liable to pay shall be
charged to the contractors as so much money paid to or on account of the
contractor's contract.
(c) The contractors shall, at the completion of the works, deliver possession
of all lands pei maneutly required lor the purposes of the undertaking, and of all
stations, offices, warehouses and other works and conveniences thereon to the
Company.
(d) Payment shall he made directly by the Board of Works to the con¬
tractors on foot of all lauds acquired for the purposes of the undertaking, by
such instalments, and subject to .such conditions as regards payments for the
lands taken, and for vouching such payments and as regards detention money
as may he prescribed by the Board of VVorks. Upon the inclusive contract
being entered into. Clauses 7 and 8 of this Agreement, and so much of Clause 5
as relates to lodgments to No. 1 Account during the progress of the works,
shall he deemed to he abrogated, and thereupon all rights, duties, and
liabilities of the parties to this Agreement under such clauses shall absolutely
cease and determine.
15. The Company hereby assign unto the Treasury all monies which may
become payable lo the Company by the Cork, Banden, and South Coast Railway
Company
MADE UNDER ' IHE LIGHT RAILWAYS (IRELAND) ACT, 1889." 117
Company under the said Provisional Agreement of the Stli day of Octoher
1890, to hohl to the Treasury absolutely. And the Company hereby irrevocably
appoints the Treasury their attorney and attornies, in the name of the Company,
and on their behalf, to demand, sue for, enforce payment of, and give effectual
receipts for all monies which may hereafter become due, owing or payable from
the said Cork, Bandon, and South Coast Railway Company, to the Company,
and for that purpose to demand, sue lor, and receive all abstracts of accounts,
accounts, vouchers, documents, and papers agreed to be furnished by the said
Cork, Bandon, and South Coast Railway Company to the Company, and
generally to act as thi' attornies and agents of the Company in relation to the
premises, and on their behalf to execute and do all acts, matters, and things as
fully and effectually in all respects as the Company themselves could do.
16. T1 le Treasury, save as otherwise specially provided ibr in the Provisional
Agreement, shall be the sole judges of the construction of this Agreement, and
of all matters and things therein referred to.
17- If at anv time after the making of the said iniended Order of the Lord
Lieutenant in Council, the bed of the river lien should be deepened and the
bridge or bridges authoi ised by the Order require to be altered so as to allow
vessels to pass through, the Company will at their own expense, on being
required to do so by the Board of Trade, make such alteration in the said
bridge or bridges, as the Board of Trade may require, by making such an
opening or moveable space therein respectively as the Board of Trade may
direct as necessary for the passage of masted vessels, and if the Company fail
to carry out any directions of the Board of Trade in this respect they shall for
every week in which they so fail, be liable to a penalty of 1,000^. to be paid
to, and recovered by the secretary for the time being of the Commissioners
for the extension and promotion of Public Works in Ireland, as and for liqui¬
dated damages.
J 8. Nothing herein contained shall charge, affect, or encumber the real or
personal estate of the parties to this Agreement of the 1st and 2nd parts, they
having only executed it in their capacities of Commissioners of Her Majesty's
Treasury, and Commissioners of Public Works in Ireland respectively, and
having no personal interest therein.
In Witness whereof the par-ties aforesaid of the first and
second parts have hereto set their hands and affixed their
Seals, and the Company has hereunto fixed its Corporate
Seal, the day and year first above written.
Signed, sealed, and delivered by
Sidney Herbert, one of the
Lords Commissioners of Her
Majesty's Treasury, in presence
of
lyArcy Lamhton,
Hillingdon-place,
Uxbridge.
' Sidney Herbert.
Signed, sealed, and delivered by-
Colonel Sir W. H. Walrond,
Bart., one of the Lords Com¬
missioners of Her Majesty's
Treasury, in presence of
Lawrence Curragh, Butler,
Bradfield, Cuilompton.
W. H. Walrond.
by.
P 3
lîS COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Signed, sealed, and delivered by
Richard Hierain Sankey,
William Richard Le Fanu, and
Samuel Ussher Roberts, the
Commissioners of" Public Works
Ireland, in presence o!
R. H. Sankey.
W. R. Le Fanu.
11 m. Russell Kelly,
S. U. Roberts.
Solicitoi'.
The Corporate Seal of the Balti¬
more Extension Hailway Com¬
pany, Limited, affixed iicreto,
in piesence of
D. McCarthy,
Secretary pro tern.
FOURTH SCHEDULE i-eferred to in the foregoing Order.
ARTICLES OF AGREEMEN'I this day entered into between the Baltimore
Extension Railv^ay Company, Limited, hereinafter called "The
Baltimore Company," of the one part, and The Cork, Bandon, and
South Coast Railway Company, incorporated by the Cork and
Bandon Railway Act, 1845, 8 & 9 Vict. c. 122, local and personal,
by the name of the " Cork and Bandon Railway Company," which name
was changed to the " Cork, Bandon, and South (ioast Railway " by the
Cork, Bandon, and South Coast Railwav Act, 1888, 51 & 52 Vict. c. 87,
local and personal, hereinafter called the " Bandon Comoan}'," of the
oiher part.
W hereas the Bandon Company are an Irish Railwav Company, having a
railway open for traffic : Anrl whereas the Bahimoie Company was duly
incorporated and registered, amongst other things for the purposes of promoting
and making a Light Railway between Baltimore and Skibliereen, in the County
of Cork, and entering into contracts with any other company for th'' mainten¬
ance, equipping, and working of such Light Railway, and to grant runnino-
powers over the same ; And where;iS the Baltimore Company, at the Summer
Assizes, 1889, for the ( ounty of Cork, duly obtained from the Grand Jury of
the said county, under the provisions of the Tratnways Ireland' Acts, authority
for the construction, maintenance, and working of such Light RaiU'ay: And
wherea.s tlic Baliimore Company are about to apply to the Lord Lieutenant
in Council for an Order under the Light Railuay Act, 1889, hereinafter called
the "Act of 1889," confirming an Agreement intended to be entered into
between the Treasury, the Commi>sioners of Public A orks in Ireland, and tlm
Baltimoie Company, sanctioning the said undertaking on the terms therein
mentioned: And whereas ti e convenience of the public and the interests of
the two Companies, parties hereto, would be promoted by the working by the
Bandon Company of the railway of the Baltimme Company in connection
with the raihvay of the Bandon Company, and the two Companies have
deieimined to enter into and execute these presents by the way of agreement
as hert inaffer appearing : Now these presents witness that it is hereby mutually
aoned by and betwedj the Baltimore Company and the Bandon Company, in
exei eise of the powers in the Act of 1889, and every other power enabling
them, and subject to the sanction of the said intended Order of the Lord
Lieutenant in Council as follows, that is to say : —
I. In the ev( nt of the Treasury^ agreeing that the undertaking shall be aided as
in said Act provided, the Baltimore ( ompany shall constructand complete, within
the
MADE UNDER " THE LFGHT RAILWAYS (IREl.AND^ ACT, 1889." 119
the time limited by the snid intended Order of the Lord Lieutenant in Council,
the said proposed Light Railway, in accordance with the working plans and
sections, specifications and designs hereinafter mentioned, on a 5-ft. 3-inch
guage, with two >tations, one at Creagh or Oldconit, and the '.ther at Baltimore,
and all necessary sidings, wharves, road approaches, and water sujtply, signals,
lamps, and all otiier ''fixed plant,"' and also a tnrntalile at Baltimore, aiid also
all such alterations and additions to tiie existing station at Skibhereen as the
engineers nominated i)y the Commissioners of Public Work-, with the consent
of the Tre, isury and the Bandon Company, shall consider to be necessary such
working plans and sections, speedfications and designs, siiuli be prepired by
the engineer of tlie Baltimore Company on the basis of the draft specification
furnished by ihe Bandon Company, and when so prejiarcd shall be submitted
to the two engineers as aforesaid for their approval, and when so approved
shall he signed by both said engineers of the Commissioners of Public Works
and the Bandon Company. The Bandon Coiijpany shall within one calendar
month, after being required in writing by the Baltimore Company to do so,
elect whether the said first-mentioned station shall be erected at. Creagh or
Oldcourt, aforesaid, and in default of election the station shall be erected at
Oldcourt.
II. The Baltimore Company shall construct the said intended Light Railway
under the superintendenc ; and in accordance with the direction of the
engineers nominated as al'orisaid, and the works shall he carried out and
the line completed to their satisfaction and in accordance with the said
working plans, sections, specifications, and designs, subject, nevertheless, to
such modifications as may from time to time be found . necessary during
the progress of the works, and may he sanctioned by them. If any dispute
or difference should arise between the said engineers concerning the working
plans, sections, specifications, and designs or works to be executed, or in
respect of any additional or extra work, deductions, deviations, or alterations
to be made in or from said works, or any part thereof, concerning ¡he meaning
or intention of the said working plans, sections, specifications and designs, or
of any plans, drawings, instructions, or directions which may be referretl to
therein, or in any contract for the execution of the works, or which may be
furnished or given during the progress of the wurks, or touching or concerning
any certificate, order, or award wliicb may ha- e been mad • by either of the
said engineers, then such dispule or difference shall be left to the determinition
and award of an engineer to be nominated by tiie Board of Trade, on the
written request of either the Bandon Comp my or the Commissioners of Public
Works in Ireland, and ihe directions, decision, admeasurements, valuations,
certificates, orders, and awards of such arbitrator shall be final and binding on
the parties to this Agreement.
III. Upon the said intended Light Railway, hereinafter called the Baltimore
Railway, being so completed, the Bandon Company shall efficiently work and
maintain the same in perpetuity on the following terms, that is to say :—
(a) The Bandon Company shall at all times work, manage, and maintain
(sncb inainti-nance shall include the construction of snob additional sidings
and other works and conveniences, if any, as mav from time to time be required
for the public accommodation, if the same shall become necessary by reason
of increased traffic over the undertaking of the Baltimore Company) the
Baltimore Railway in an efficient and substantial manner, and so that in all
respects the Baltimore Railway shall be deemed to he, and treated as, an
integral portion of the Bandon Company's system, and for that purpose will
afford all reasonable facilities for, and use th ir utmost endeavours to develope
the traffic of the Baltimore Railway, and will convey the traffic thereon in a
safe, proper, and convenient manner.
(b) The Bandon Company shall at all times provide all clerks, officers,
porters', servant.^ and woi'kmen necessary for the efficient working, manage¬
ment, and maintenance of the Baltimore Railway,
(c) The Bandon Company shall at all times provide all locomotive power,
engines, carriages, trucks, and other rolling stock, and all other plant and
67. P 4 machinery,
12J COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
machinery, hs well as all i oals, materials, stores, and appliances requisite for
working the Baltimore Railway in a proper and efficient manner.
{d; The Bandon Company shall daily (Sundays excepted), run at least two
passenger trains, each «ay bet\*een Baltimore and Skibbereen, and such trains
shall h(; run at convenient times and at ordinary speeds, and shall be in
connection with the. trains of the Bandon Company, so as to ensure the
convenience of the public.
(e) All rents, insurances, rates, taxes, charges and a-sessments upon the
Baltimore Railway, or the owner, h ssee, or occupier thereof, and all salaries,
wages of tiie officials and servants, appointed by the Bandon Company, and
other outgoings in respect of the same, shall at all times he paid by the
Bandon Company.
(/') Subject to the provisions of any statute for the time being in force, all
tolls, rates, tares, and charges, througb booking arrangements, and the general
management and control of the Baltimore Railway .shall be made by and under
the control of the liandon C orapany, provided always that except in special
cas( s in which it may be requisite to fix or quote any other tolls, fares, rates,
and charges, in order to meet any emergency, or to secure any particular traffic
which otherwise might not be cairied on the Baltimore Railway, the tolls,
rates, fares and charges fixed, shall for every sort of traffic be the. same, or as
nearly as ciicumstanccs will reasonably permit, as for similar traffic on the
undertaking of the Bandon Com|)any.
{y) The gioss amount of all tolls, fares, rates, rents, and charges arising
from the Haltimore Railway, and the traffic thereon, shall be received by the
Bandon Company and allocated in the following manner : —
First, the Bandon Company shall retain so much (T the said receipts as shall
be equivalent to 4/. per mile per week, ilm length of the Baltimore Railway
for this and all other purposes being taken as bdng eight miles, which shall
cover all expenses of, and incident to the working, management, maintenance,
and repair of the Baltimore Railway, and every portion thereof, and the other
expenditure and liabilities of the Banden Con)pany under this Agreement.
Secondly, any surplus which may remain of such receipts, after such
payments and retention as aforesaid, shall be applied as follows, that is to sav
in making good to the Bandon Company any deficiency in the said retention
of 4 /. per mile per week which may have occurred in previous years, and after
discharging such deficiency, the said surplus, or so much thereof as may then
remain, shall be divided between and belong to the two Companies in the
following proportion-, that is to say, 50/. per cent, thereof shall belong to the
Bandon Company, and 50/. per cent, shall he paid to the Baltimore Company
or their assigns.
{/i) In estimating the, gross amount of the tolls, fares, rates, rents, and
chaiges arising from the Baltimore Railway and the traffic thereon, the
following regulations shall be observed :—
'1 he rtceipts from all traffic beginning and ending on any part of the
Baltimore Railway between Baltimore and Skibliereen, both inclusive, shall be
assigned wholly to the Baltimoi e Company. A hen terminals are included in
the gross rate, the terminal at Skibbereen shall belong wholly to the Bandon
Con pany, and that at Baltimore or other Aations on the Baltimore Railway,
to the Ifaltimore Company, and they shall be equal in amount and be the same
as chargetl or allowed between Hailwa\' Companies in Ireland ; but no terminal
shall be added to the passenger fares.
If eaitage at either or both ends lie performed by the Bandon Com|iany and
includi d in the gioss mte, the amount paid shall belong to the Bandon
Company; but any such ch.arge shall be in addition to the ordinary station
to station rate, and shall not reduce or affect the proportion due to the
Baltimore Company.
On through traffic beginning on the Baltimore Railway and ending on the
Railway of the Bandon Company, or vice versó, the. Baltimore Company shall
receive
MADK UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889 " 121
receive a mileage proportion, including terminals where added, for the distance
carried over the Baltimore Railwciy. If ihe tiaffic is carried to or from a
railway heyuiid flie Bandon Railway, the receipts shall be divided tiv mileage,
and the Baltimore Company shall receive one terminal and its mileage
pro|)ortion of the balance after deduction of the terminals at both ends, and
any cartage, chaiges, or other outgoings which may have been added to make
up the gross charge.
it) The Banden Companv shall keep such accounts and "ouchers as shall
be proper and sufficient for the pur| o^e of this Agreement, which accounts and
vouchers shall be open at all reasonable times to the inspection and transcription
of the agents of the Baltimore Company, ami the Banden Company will afford
to tliem all proper and sufficient faciliti. s for the iiispection and transcription
thereof.
(./, The Bandon Company shall, within six weeks after tlie .dOth tiav of June
and dlst day of December in e\ery year, transmit to the Baltimore Comitany
an acciiiate abstract of such of the accounts ;is are fro n time to tone necessary
to be shown lor the (turposcs of this Agreement. If, and whenever during the
continuance of this Agreement the Baltimori' Com|)any or their assigns u ithin
two months after the transmission to them of any austract uf accounts, shall
require the Bandou Corajtany to verify the same, such abstract shall be vérifia d
accordingly, and shall, if necessary, be made correct, and shall thencefoith be
deemed to be a settled account. But if two months shall have been pei mitted
to pass without the verification of the ab-traei oí accounts having been requiimd,
the same shall thereupon Ire deemed a settled account, and no settled account
shall be re-opeiied. For the purposes of verifying such abUract, the it.ndon
Com¡ any shall produce all necessary books, documents, and vnucliers to the
auditor or other person duly ajrpoinied by the Baltimore Company, or their
assigns, whenever so required.
IV. If at any time alter tin- passing of the said intended Order of the Lora
Lieutenant in Coimcil the bed of the rivru Ihn should be ihepened. and the
bridge or bridges authorised by the Order require to be altered so as to allow
vessels to pass tlirough, it shall be lawful for the Baltimore Company, on being
required to do so by the Board of Trade, to enter upon the said intended
Light RailwHA' for the purpose of making such alteration in the said biidge or
bridges as the Board of Trade may require, ijy making such aa (ipening or
moviable space therein respectively as the Board ol Irade may direct as
necessary for the passage of uiasted vessels without interruption from the
Bandon Companv, tiiev, the Baltimore Com])aay doing as little damage a^ may
be, and also making good all damage and injury occasiomd thereby; and
(luring the time that the traffic over the line may be impeded by sui h altera¬
tions, but no longer, the provision hereinbelore contained witii respect to the
service of trains shall he cieemed to be waived ; provided, however, that before
any such alterati 11 in the said bridge or bridges shall be commenced by the
Baltimore Company, plans, sections, and specifications thereof shall be sub¬
mitted to and approved of by the engineer of :he Bandon Company; and
further that all or any such work shall be executed and carried out in accordance
with such approved plans, sections, and specifications, and to the satisfaction of
the engineer of the Bandon Company ; and if from any cause the Baltimore
Company sliall, upon being required by the Board of Trade to do so, Tail or
neglei t to execute or carry out such alterations in tlu^ said bridge or bridge-,
the Bandon Company shall not in any case ite li.djle to undertake or execute
the said works or any part oi- parts thereof.
V. Every notice, request, account, and other writing to be given by either
of tile two Companies to the other for any of the purposes of this Agreement
shall be sufficient if it is signed by the secretary of the other Conqraoy and
left for them at their principal office.
VI. If any ditference or dispute shall arise between the two Companies or
their engineers or contraciors respectively as to this Agreement, or anv matter
arising hereunder, it shall he referred to ai.d determined by an arbitrator to be
0?« Q from
122 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
from time to time agreed upon by both Companies, or, failing agreement, to be
appointed by the Board of Trade upon the application of either Company.
In witness whereof tlie Corporate Seal of both said Companies was affixed
hereto this 8th day of October 1890.
Sealed with the Cor])urate Seal of
the Baltimore Exten>ion Rail-
vTay Company in presence of VV. J. Kennedy,
J 7 . Secretary.
James r. L ronibard, •'
Chaiiman.
Sealed with the Corporate Seal of
the Cork, Bandoii, and South
Coast Railway Company, in
presence of
lU. Pai/ne Shenres,
Chairman.
E. H, worman,
Secretary.
MADE UNDÜR " THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 12,3
THE WEST KERRY LIGHT RAILWAY ABANDONMENT ORDER,
1891.
By tiie Lnrd Lieutenant and Privy Council in Ireland.
Zetland.
Wn EREAS the M est Kerry Light Raihva\' or Tr;iinwa\' Com])aoy (Limited),
hereinafter called tiie Pioinoters, were, by ihe West Kerry Light Railway
Order, 1889, empowered to construct, maintain, and work a Light Railway
between Killorglin and Valentía, in the county "f Kerry, in this Ordei' referred
to as the Undertaking of 1889 :
And whereas the Promoters made applicatiun under the Tramwav (Ireland)
Acts, and the Tr.amwav and Public Companies (lieland) /\ct, 1883, and the
Light Railways (Ireland) Act, 1889, to the Grand Jury of the county of Kerry,
in this Order referred to as the Grand Jury, for the approval of a Light Railway
other than the Undertaking of 1889, irom Killorglin to Valentía aforesaid,
and for a Baronial Guarantee iu favour of such Light Railway, the same
being a line of railway duly sciteduled under the Light Radwavs (Ireland)
Act, 1 889 :
And whereas the Grand Jury, at the Spring Assizes, 1890, approved of the
last-mentioned Undertaking in this Order, referred to as the Rtiilway Under¬
taking, and made a presentment that the Barony of Iveragli and part of the
Barony of Dnnkerron South, in the said county of Kerry, should be chargeable
with the payment of dividends at the rate of 4 /. per centum per annum upon
the sum of 79)000/., or such oth'r sum not exceeding that amount, as should
be limited by the Lord Lieutenant in Counc/1, ))ursuant to the Tramwass and
Public Companies (Ireland), 1883, such di\idends to be from time to time
payable 011 so much of the share capital of the Promotei s as shall, for the ti.ne
being, be paid-up capittil as defined by the same Act ;
And whereas the said Presentment was made subject to the following
conditions, that is to say :—That the Treasury should sanction aid make a
fiee grant under the provisions of the Light Railways (Ireland) Act, 1889, of
a sum of 80,000/. in aid of the Railway Undertakitig, or perpetually gaarantee
ati annual p.ayment of 3/. per cent, on the said sum or advatice, or »ecnre
such sum, partly by way of free grant au'l partly by wa',' of such guarantee,
and that a working Agreement with the Great Southern and NVYstcrn Railway
Comptmv (in this Order called the Great Soutli 'im Company) should be tn ule,
which should be approved of by the Lord Lieutenatit in t'ouncd, in default
of which grant or guaratitee, or the laiaking and approval as aforesaid, or such
working Agivement, the said Presentment and every clause tind provision
therein contained siiould be null and void:
And whereas by an Agreement, dated the ISili day of December 18!)0, and
made between the Honourable Sidney Herbert, m.p., and Sir Herbert Eustace
Maxwell, Bart., m.p., iwo of the Lords Commissioners of Her Majesty's
Treasury, of tiie first part; Lieotenant-G.Mier.il Riidiard Hieran Saukey,
r.e., c.b., William Richanl Le F.mu, Esrj., and Samuel Ussher Roberts,
Esq., c.b., the Commissioners of Public Works in Ireland, of the second part;
and the Great Southern Company, of the third part; and the Promoters, of the
fourth part. 1 he Promoters, in exercise of the powers in the transfer of Rail¬
ways (Ireland) Act enabling them, agreed to assign and transfer to the Great
Soulhern Company the Railway undertaking, and all statutory and other
powers vested in the Promoters in respect thereof, and that they the Promoters
should forihwith obtain an Order of the Lord Lieutenant in Council confirming
the said Agre ment, and that upon obtaining such Order, the Great Southern
Company should forthwith proceed to construct the Railway undertaking, and
the Treamry thereby sanctioned the Railway underiakiiig, and in pursuance of
the Light Railways (Ireland) Act, 1889, agreed to aid the same out of monies
to be provided by Parliament, cither with a free grant of a capital sum of
85,000/., or in the alternative, at. the option of the Treasury, by an annual
payment, equivalent to 3/. per cent, on such capital sum redeemable on pay¬
ment by the Treasury to the Company of the capitalised value of sucli annual
67. Q 2 payment
1 24 COPIES üF ORDERS IN CÜÜNCI F, AND AGREEMENTS
p;i)'nient calculated at the rate of 33 3 vear>' purcliase, or partly in one way and
partly in the othi r, and such Agreement contained a provision that the Great
Soulhein Company should construct the Railaav undertaking in the manner
therein mentioned :
And whereas on the lltli day of No^eml.er 1890 tlie Promoters presented a
Memorial to the Lord Lieutenant in Council praying for an Order to authorise
the construction of the Railway undertaking, and confirming the said Agreement
with the Tieasuiy and Presentment of the said Grand Jury, and approving of
the said working Agreement, aiut sanctioning the abandonineut by the Promo¬
ters oi the undertaking of 1889 :
And v\hereas since the said Memorial was jua sented the Railway and Canal
Commission, in j)ursuance of the Traiisi'er of Railways (Irelaml) Act, 1890,
have duly approved of the said Agreement i f pi e 18th day of I)ccend:)er 1890,
and the Railway undertaking tliereupon bec iine transferred to and vested in
the Great Southern Company ;
And whereas by an Order of the Lord Lieutenant in Council, beaidng equal
date with this Order, the Great Southern Company are authorised to construct,
maintain, equip, and wotk the Railway umkrtaking, subject to the pro¬
visions of such Older, and the Acts incorporated herewitii, save as in such
Order excepted :
And wheieas such Order confirmed the saiii Presentment of the Grand Jury
and the sain Agreement of the 18th day of Decxunber 1890 ;
And whereas it appeais to the Lord Lieutenant in Council that the circum¬
stances of the case render it expedient to antiioi ise the abandonment of the
Undettaking of 1889, and that notice ot the iniended abandonment has been
given to tiie owners, reputed owners, lessees, reputed lessees, and occupiers of
ail the lands authorised to be taken for the Undertaking of 1889, which are not
leijuiied for the jmiposes of the Railway undertaking, and to all jiersons and
authorities concerned ;
Ami whereas it appears to the Lord Lieutenant in Conned expedient to make
the Order following ;—
Thei efoie it is Ordered by the Loi d Lieutenant General and General Governor
of Ireland, by and with the advice of Her Majesty's Privy Council in Ireland
Power to Abandon the Undertaking q/"1889.
1. It shall be lawful for the Promoters, and thev are hereby authorised,
pursuant to jirovisions of the Tramways (Ireland) iVct, 18G0, to abandon the
Undertaking of 1889.
Compensation to be made xchere Contracts have been entered into and
Xotice given.
2. In any case where, before this Order takes eltect, any contract has been
eniered into or notice given i)\' the Promoters for imrchasing any lands which
the Promoters wire empowered to ¡michase lor the purpose of constructing the
Undertaking of 1889, the Promoters shall make to the ov\nersand occupiers
and othi r person- interested in such lands full compensation for all injury or
dan,age sustained by such owners, occupier-, and other parties by reason of such
])urcliase not being conipleted pursuant to such contract or ])ursuant to sucii
riotii e, and the amount and a])plication of such compensation shall be determined
in the manner provided by the Railways Act (Ireland) 1851, and the Railways
(Ireland) Act, 1860, and the Railways (Ireland) Act, 1864, for determining tiie
amount and a|q)lieation of the compensation to be paid for lands taken under
the provisions thereof;
Provided also that nothing herein contained shall prejudice or affect the right
of the owner or occupier of any lands which the Promoters were so ein)iowered
to purchase as aforesaid, to receive from the Promoters compensation for any
damage that may have been occasioned by the entry of the Promoters upon
such lands for the jiurpose of surveying and taking levels, and oí probing or
boring to ascertain the nature of the soil, or of setting out the line of the
Undertaking of 1889, pursuant to the provisions for that purpose in the Lands
Clauses Consolidation Act, 1845, contained.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889. " 125
Damages to Highieags, c^r. to he made good.
3. The Promoters shall make ^ood any daiea^ie wliicli may have been caused
to any post road, turnpike road, pulilic highway, street, square, market place,
court, lane, alley, bridge, or quay, or other public thoroughlare, passage, or
place, by or in consequence of the making of the works of the I uderiaking
of 1889, on any of the lands hereby authorised to be abandoned.
Short Titles, E.igjhniatlons of Order and Act.
4. This Order may be cited for all purposes as "The \AYst Kerry Light
Railway Abandonment Order, 1891," and all the costs and charges of apitlying
for obtaining and making this Order, or pieparatory or incident thereto, shall
be paid by the Promoters.
Given at the Council Chamber, Dublin Castle, this l/th day of Eebruaiy
1891.
Ashbourne, C. Drogheda.
Belmore. Wolseley. Morris.
Hedges Eyre Chatterton. Ion T. Handlton.
Wm. B. Forde. West Ridgeway.
W. Hume-Dick.
126 COPIES OF ORÜEP.S ÍX COUNCIL, AND AGREEMENTS
THE WEST KERRY (KTLLORÜLIN AND VALENTIA) RAILWAY
ORDEIU 189).
By the Lord Lieutenant and Privy Council in Ireland.
ZeTL.'VND.
Whereas tlie Lords Justices Geneivd and Geneiad Governors of Ireland, by
an Order in Council, made the Ist dav of No-vemher 1889, pursuant to the
])rovisions of the Liyht Railways (Ireland) Act, 1889, declared that it is
desiraide that a Lij^ht RaiUvai' should he constructed between Killorglin and
Valentin, both in the Count}' of Kciry, for the dcvelo|iment of fisheries and
other itidustries, but that owing to the circumstances of tiie district special
assistance from the State is ie(|uired for its construction, and further declared
that the provisions of the s<dd Act shoidd be auplicalde to such Light
Railway ;
And whereas the Grand Jury of the County of Kerry, assetnbled at the
Spring .\ssizcs, 1890, acting in i xecution oi' the powej's vested in them by the
Traniwa}s (Ii'eland) Acts as hereinafter <h fined, made t!ic Presentment, which
is set out in the hirst Schcdnle to this Order, and thereby appiovcdof the
construction of a Light Railway hctweeo Killorglin anrl Valentia aforesaid :
And whereas, hy an Agrecmeat date I the 18th dav of December 1890, and
ma<!e helweeu the iiononiable Sidney Herb rt, m.r., and Sir Merhert Eustace
Maxwell, Jhu't., m p., two of the Lords C umnissioners of Her Majesty's
Treasury, of the first ¡lart, Lieutenant General Liehar I Hiertun .Yankey,
R.E., c n., MJlliam Richard Le Faun, Escp, and Samuel Ussher Roberts, Esq.,
C.B , the Conimis>iom'rs of Public Works in Ireland, of the second part, the
Great Southern and Western Railway Company, of the third part, and the
Vest Kerry Light Rulway or Tramway Coinjiany (Limited), being the
Pronuiters of the said Îhulcnaking, in this Order referred to as the Promoting
Company, of the lourth part, and which is set, out in the Second Schedule to
this Order, the Promoting Compau}-, in exe;ci~e of the powers in the Transfer
of Railwa\s (Ireland) Act, 1890, enabling them, a.yreed to asdgn and transfer
to the said Great Southern and Western Railw.iy Compau}^ the said Under¬
taking and all statutory and other power.-; ve-ted in the Promoting Company,
and tiiat they (the Promoting Coinp.iay) should forthwith obtain an Order of
the Lord Lieutenant in Council confirming the said Agreement. .And it was
iuither agieed between the parlies thereto that upon obtaining such Order
the Siiid Great Southern and Western Railway Company should forthwith
proceed to construct the Undertaking. .And the Treasury thereby sanctioned
the Undertaking, and in pnr.-,uance of the Light Railways (Ireland) .Act,
1889, agreed to aid the same in the manner therein particularly mentioned :
And whereas, upon ihc I Ith day of Noveini)er 1890, the Promoting
Comit iny presented a Memorial to the Lord Lieutenant in Council, an 1 thereby
priiyed (among-t other thing-;) that the L')rd Li-utenant in Council woul I make
an Order authorising the making and inaiiitaining of the said Ligiit Rail way, and
confirming the said Presentment, and aUo the said Agreement of the 18:h day
of December 1890:
And whereas since the said Memorial was presented the Railway and Canal
Coii.iiiissioners, in ])urs(ian('e of the Tr msfer of Railways (Irehmd) Act 1890,
have (Inly approved of the s iid Agreement of the 18rh day of December 1890,
and the said Undertaking thereiijmu became trmsferred to and vested in the
said Great Soutbern and Western Railway Company, subject to tiie provisions
of the same Act ;
And it aj)j)ea!'s to the Lord Lieutenant in Council that it is expedient to make
the Order following : —
Tlierefore it is Ordeied by the Lord Lieutenant General and General
Governor of Ireland, by and with tne advice of Pier Majesty's Privy Council in
Ireland :—
Promoters.
1. The Great Southern and Western Railway Company shall be the
Promoters for the. purposes of this Order, and are in this Order referred to as
" the Company."
MADE UNDER " THE LIGHT R VILU'a^yS TREL \ND) ACT, lR8i)." 127
Power to Construct Line.
2. Tlie Company may constriicr, maintain, eipiip, and work hv lo; oinotive
engines or otlier meclianical power, subject to the provisions of tliis Order and
of the Acts incoiporated herewith, save as heiein excepted, the Light Railway
or the Railway described in the iliird Schedule to this OhI t in the dinctions
and levels, with ])owers ol lateral deviation within the limits of daviatim
sjtecified and described in the plans deposited, in respect of the ap|)liratiou
for this Order, with the Secretary ol the Grand Juin of the County of Kerry,
and of vertic.al deviation Imm tlv levels shown on the sections so deposited
fhereinafter calied the deposited plans and sections), as provided bv the Acts
incorporated herewith, but subject to Mich ¡irovision for the correction of errors
as is hy this Order provided, with all proper rails, ])lates, slee})ers, siding-,
branch railways, junctions, passing places, turn-tables, tunnels, ajijiroai lies,
bridges, yards, ofhces, eng'ine-hou-es, -tables, carriage-houses, warehouses,
works, houses, buildings, and conveniences connecte 1 therewith, and (subject,
to the provisions of the said Acts) may by agreement or compulsion, purchase,
actpiire, and hold all such lands, riçrhts, easements, and privileges, as m ¡y be
necessary for the purjioses of the said Railway, and anv engine-liouses, stables,
carriage houses, w arehouses, and other buildings and works re piisite for tiie
working of the said Railwaw
Gauge aud other Particulars.
3. The gauge of the Railway shall be five feet three inches, and it shall be
lawful for tlie Promoters to con^truct, maintain, and work a Railway other than
a Light Railway.
Compulso/g Purchase of Lands.
4. From and after the time wdien this Order becomes binding, the Conpiany
shall be empowered to put in force the provisions of the Land Clauses
Consolidation Act, 1840 (including t^ e Railway .\ct (Ireland) 1851), and the
Acts amending the same and incorporated therewith, with respect to the
purchase and taking ot land otherwise than by agreement, with icfercuce to
the lands and piannises dtdineatcd on and described in the dc])osited ])lans and
book of reference, or as they may be corrected under the provision herein¬
after contained, and within the ))owers of deviation ; and it is hereby ordered
that Sections 42 and 43 of the Tramways (Ireland) Act, 18(50, shall not apply
to or be binding on the Company or the Undei taking authorised and sanctioned
by this Order. The powers of compulsory pu: chase of lands and ])rcmises
conferred by this Order shall not be exercised after tlie expiration of three years
from the time when this Order becomes binding.
7)'me for C(/)npletion.
5. The Company shall complete and fini-h, ready i'or use, the said Railway,
and shall provide a |)roper quantity of 1 ohing-^tock and eijuipment within two
years from the date of this Order becoming binding.
Confirmation of Presentme//t.
6. The Presentment of tlie Grand Jir v of th ■ County of Kerry, wliich is
set out in the First Sclnduie to this Order, is hereby coiifirmed >0 far as it
relates to the clmrge to be dciraycd by the liarony of Iveragh. and the do \n-
latids in the P.insh of Kilciohane, in the Barony of Dunkerron Soutii, which
is situated in the Poor Law Lnion of Cahirciveen, in the (.ounty ot Kerry, for
the payment of rlividends at the rate ot 4 /. ])er cent, per annum on the sum
of 70,000/ , the guarantee on whiidi is limited by this Order.
The proportions in which the said Barony of Iverngh and the said (lortion ot
the said Paiish of Kilcrohane shall be liable i//ter .vc to contribute to the
said guarantee are the proportions specified in the said Presentment.
67. <4 4
128
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Limit of Guarantees,
7. The capital to which the guarantee set out in the said Presentment sliall
apply is hereby liiriti d to the suin of 70,000/., and the guarantee shall apply
to so much of the capital so limited as is actually paid up, and the Company
may issue Baronial guaranteed shares or deheuture stock of tlie Company to
the amount of 70>00P /• pursuant to the provisions of the Transter of Railways
(Ireland) Act, 1890.
Power to Cross Roads.
8. The Company may, suhjc ct to the provisions of the Acts incorporated
herewith, and of this Order for the ¡)ur|)oses of the said Railway and
construction thereof, cross, divert, or alter, whether temporarily or perma¬
nently, roads, bridges, drains, sewers, pipes, and other uorks, streams and
watercourses, and remove or lo-p all liedges and trees, which may be necessary
for the purposes of constructing or maititaining, working, or using the said
Railway. Provided that the, Companv shall not crosS, alter, or divert, or in
any way interfere with any telegraphic lines of the Postmaster General, except
in accordance with and subject to the provisions of the Telegraph Act, 18/8.
The expression " telegraphic line " has the same meaning as in the Tilegraph
A(t, 1878.
Notice to Surveyor.
9. Pefore the Company coitmience to open or Itreak u|) a street or hinh-road,
they shall give to the surveyor having charge thertof notice of their intention
to do so, such notice to be given 48 Itours before the commencement of the
Work.
Snperintendence by Sarveyor.
10. The Company shall not open or break up any street or road, save and
except with the ajtpruval and under the superintendence of the surveyor having
charge thereof, unless he neglects or refuses to give such superintendence at
the time specified in the notice of the Company, or discontinues the same
during the work. Such surveyor shall be paid by the Company such reason¬
able remuneration for the duties hereby imposed upon him as may be directed
by the Lord Lieutenant by any general or special order.
Restoring Roads.
1 1. The Com|)any shall, after having opened or broken up a street or high¬
road, with all convenient speed complete the work on account of which they
ojtem d or broke up the same, and (subject to the formation of the Railway) till
in the ground level, and make good the surface and gem rally restore the street
or highway to as good a condition as that in which it was before it was
opened or broken up, and clear away all rubbish occasioned thereby. They
shall, during such period as the street or as the high-road may be opened or
broken u]) cause the place where the street or high-road is opened or broken
up to be fenced and watched, and to be properly lighted at night.
Expenses of Repairs.
12. The Company shall ])ay all reasonable expenses of the repairs of the
streets and high-roads over which they shall iiave constructed any part of the
said Railway for six months after the same shall have been restored, so far as
these expenses are increased by the oiiening or breaking up of the street or
road.
Maintenance of Sidings.
13. The Company shall at their own expense maintain and repair all sidings
on which any Railways shall be laid, but nothing in this section shall be
deemed to compel the Company to maintain any Branch Railway made by
the owners or occu])iers of anv lands adjoining the Railway under the pro¬
visions of Section 76 of the Railways Consolidation Act, 1845, but any such
Branch Railway shall be maintained (unless otherwise agreed) at the expense of
the jierson making- the same.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 129
Level Crossings.
14. The Company shall constnict to the satisfaction of the Comity Surveyor
the level crossings shown on the deposited Plans and Sections, subject, never¬
theless, to such alteiations in the original Plans and Sections as may be
prescribed by the Bean! of Trade (Railway Department).
Rights as to Roads.
15. The Company shall not be dt emed to acquire any right otijor than that
of user only in the soil of any street or iiigh road across which they may hiy
any Railway.
Additional Powers as to Crossings and Works.
16. The Company may, subject t" the provision> of this Order, from time to
time make all such crossings, passing-places, siditigs, jonctions, and other
works, in addition to those particnlariy mentioned in the deposited Plans and
Sections, as may from time to time be necissary or convenient for the t'fficient
working of the said Railway, or for pro\i ing access to an\ stabh s, caniage-
houses, engine-honses, warehouses, or works of the Company.
Toll.s.
17. The Company shall be entitled to demand and t ike such tolls and diaries
as shall not exceed ihe maximum toils and rates of charges which are S|)ecified
in the Schedule to the Tramways (Irelend) Act, 1860, or any Amendment
thereof, or as may be hereafter sanctioned by the Board of Trade.
Li.st of Tolls.
18. A list of all the tolls and charges authwrised to be taken shall be exhibited
in a conspicuous place at each station of the said Railway.
Power to Contract
19. The Com|)any on the one hand, and the several authorities, bodies, or
persons, owning or liaving respecticely the control or management of any streets,
roads or bridges railways or tramways across which the Railway is intended
to be laid, on the other hand, may enter into and fnlHl contracts and agree¬
ments with respect to the alteiation of the width or levels of any such streets,
roads or Inddges, railways or tramwavs, the la ving down, inmntaining, renewing,
l epairing, working, oi' using of the said Railway, and the rails, plates, sleepers
anil works connected therewith, and for lacilitating the passage of traffic o\ er
and along the sanie, and the Company and such other bodies shall have all
necessai V powers with respect to any such matters as aforesaid.
Description of Carriages.
2U. The Company may use on the said Railway carriages with flange uheels,
and, subject to the piovisions of this Order, the Company shall have the exclu¬
sive use and control of the said Railway.
Form of Rail.
21. The form of the rail shall be similar 10 what is now used and laid on
the Great Southern and Western Railway of Ireland.
Roof Loading.
22. No passenger or goods shall he cairied on the I'oof of any carriage,
except, with the permission of the Board of Trade, and subject to any comiitions
which they may impose.
Motive Power.
23. The cariiages used on the said Railway may, subject to the provisions of
this Order, be moved by locomotive engines, steam, electricity, or any mechanical
or other power. The exercise of the powers hereby conferred with respect to
b7. " the
COPIESOF ORDERS IN COUNCIL, AND AGREEMENTS
the life of steam, electricity or any mechanical or other pnver, shall be subject
to any regulations which may lie prescribed by any Older which the Board of
Trade may, and which they are liereby empowered to make from time to time,
as and v\ hen they may think fit, for securing to the public all reasonable protection
against danger, in the exercise of the powers of this Order, conferred with
resjiect to the use of steam, electricitv, or any mechanical or other power on
the said Railway-
Fftices and II alls.
24. Before the Railway >hall he opened for traffic, the Company shall erect
ard complete all sin h new fences, railings, and walls, and strengthen, improve
and alter all such existing fences, railings or wnlls as may be necessary to make
tiie Railwav safe for tiie use of the public, and siiall thereafter maintain and
kee]) tl e i-an.e m g^md order, reptdr, and condition, and the Company shall be
subjiot to ti e ubligatioi^s imposed upon Railwav ( ompanies with resjiect to
works fitr the accommodation of lands adjoining the Railway, ;is provided by
the Railways C lauses Consolidation Act, 1845, incorporate d herewith.
Costs of Ordt r.
2.5. The costs, charges, and expenses of obtaining this Order, including the
exjienscs of the Grand Jurv in relation thereto, shall he paid by the Promoting
Company.
Kcepinr/ of Accounts, and Audit.
26. Ti e Companv shall kei'p full, true and distinct hooks of accounts,
pui'i-uant to the ])rovisions of the Transfer id' Railwai's (Ireland) Act, 1890,
and they may be insjiectcd, and the accounts sImU Ix; aindted as prescribed in
same Act.
Treasiuy Agreement.
27. The agreement made between the Lords Commi-si'mers of Her (Majesty's
Treasury of the first jiart, the Coninii<sioners of I'uhlic ^Vorks in Ireland of the
second pait, the Companv of ihe third part, and the Pi-niioting Company of the
fourth ])ai-t, dated the 18th day of December 1890, whicli is set our in the
Secoi d Schedule to tins (Order anne.xed, is hereby confirmed.
Pcovisions for sccarhvj the Completion and Maintmancc of the llailway.
28. ddie Com|,anv shall cúmplele the Undertaking within the time limited by
tl is Order, and shall at all limes efficiently wmrk the Undertaking, and shall at
all times maintain and keep in good condition and repair the Rails of which the
Railwai fer tiie time being consist-, and the sub-st'ucture upon which the
same 1 ( st.
I/Kjui/y Û.V to defindt of Coivpletion, Wo¡-ling, or Alaintenance.
29. In any case which it is represented in writing to the Boaid of Trade by
theCd'and Jurv or by twenty ratepayers of any baronig or part of barony,
which is or which may become liable to any ])ayments on account of any
baronial gnaiantee given in res])ect i f tlie Railway, or by the County Surveyor
of the said coniPv, that the Company have made any default in the completion,
working, oi' maintaining of the line, the Board ol Trade may, if they think fit,
direct an inquiry by an officer to be iqqioinftd by the said Board, such inquiry
to be conducted in such manner as the Board of Tiade may order, and if the
Board of Ti ade cei tify that the default mentioned in such representation lias
been proied to the. satisfaction of the said Board, the Company shall make
good such defaidt in the nianmr and within the time specified in such
certificate.
Committee of Manayemtnt.
,90. If at any time the Board of Ti'ade report to the Lord Lieutenant that the
Company lane failed to comply with a ceitificate of the Board of Trade, issued
by the Boaid under this Order, the Lo.d Lieutenant may direct the Grand
Jury to a])point a Committee of Management to manage and work and maintain
the umlertaking.
MADE UNDER "THE LIGHT RAILWAYS (IREDAND) ACT, 1889." 131
Transfer of the Undertaking to the Grand Jar¡j.
31. If at any time the said baronies have heen called upon to p.iy and have
paid any money for completini»' the undertaking, or have hecm called upon to
pay and have continued to pay during a | eriod of two years any money for
maintaining or working the undtrtaking, then the undertaking and all the
property of the Company connected witli it shall become the property of the
Grand Jury, subject to anv liabilities affecting sucli undertaking or jtroperty,
and the Lord L'eutenant niav thereupon order that 'he Grand dury s! all
appoint a Committee of .Management for the ¡¡urposes of the under¬
taking.
Constitution and powers of Committee of Management.
32. Every Committee of .Managemei.t appointed under either of the last two
Sections of the Order shall be constituted in such manner and shall have sn h
powers with inference to the undertaking as the Lord Lieutenant may
order.
The Grand Juryshall from time to time jtresent in advance or otherwise
such sum as the Committee so ajipointed mav estimate orrepoit to be necessary
for the pui'poses for which the Comniitti e has been appointed, to be h vied off
the said baronies in the same proportion as thcdi guarantee for dividends. The
members of the Committee shall be paid iiy dm Grand Jur\' out of moneys to
be levied off the same baioniis such reasonable rcmniieradon as the l.ord
Lieutenant may by general or special order piescribe.
The Committee of Management slnill ap¡)l\' the -urns so presented in such
manner as the Order of the Lord Li> utcinint may prescrilie. Pending the
giving of the direction to appoint a Committee of .Management, the Lord
Lieutenant may direct the County Sum eio!- to do ail such matfers and thin.ts
as a Committee of Management migdit do if appointed during such peiiod as
the Lord Lieutenant may direct.
Grand Jun/ inclnded in Definition of I'romoters.
33. If at any time the Railway becomes the ¡)ro|ierty of the Gran 1 Jniy, or
comes to be managed by a Committi'e of Management appointed in aeeordaiice
with this Order, tlie provisions of this ( irder shall, so far as thev aim applie dile,
apply to the Grand Jury of th.e said county as if such Gnind Jury were the
Promoters within the meaivng of this Order.
Arbitration.
34. If anv difference shall arise between tlie Company on the one hand, an 1
any Corpoialion, Couiitv Surveyor, or ot'ier !m ly or ¡lerson, on the other hand,
with respeot to any interference or comro! exercised, or claimed to be ex reis d
by them or him, or on their or his behalf, or by the Compaiu' i 1 1 elation to the
Railwa\' and works, or in ivlatiou to any proeeedings or work of such Cor])orate
Body or County Surveyor, or other person, or with r< s, ect to ihe amoont of
any compensation to Im made by or to the Company, or on the question whether
any work is or ought reasonalily to s.iti?iy sue!) Cm-porate llody. County Su -
veyor, or other person concerned, or with respei t to any other subject or thing,
the matter in difference may km sttiled by a lld'eiee nominated by the Board
of Trade on the application of either party, and the e.xpen-e and costs of such
reference shall be borne and jiaid as the Referee shall direct.
Application of Post Office [Parcels) Act, 18S2.
33. The Post Office (Parcels) Act, 1882, shall ajiply to the said Railway.
Provision fur Protection of the Postmaster-General, in the event of the Pailiraj/
being worked hg FJectrieitg.
36. In the event of the said Railway being worked by electricity, the following-
provisions siiall have effect ;—
(1.) The Comjtanv shall construct their electric lines and other works of all
descriptions and shall work their Undertaking in all respects with due regard
07. « - to
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
to tlie telegrapliic lines from time to time u~ed or intended to be used by Her
Majesty's Postmaster-General, and the currents in sucii telegraphic lines, and
shall use every reasonable means in the consirueiion of tlieir electric lines and
other works of all descriptions, and the working of their Undertaking, to present
injurious affection, whetliei' by induction or otherwise, to sucli telegraphic lines,
or the cnrrents therein. If any q estion arises as to whether the Comp my
have eon-tructed th dr eh ctiic lines or other works, or work their Undertaking
in contravention of this sid)-sectioii. such (piestion shall be determined by
arbitration, and the Company shall be hound to make any alterations in or
additions to their system wliich may he directed by the arbitrator.
(2.)—{(/.) liefere any (dectric line is laid down or any act or work for
working the said Railway hy eieetidc ty is doue wiihin ten yard< of any part of
a telegra|ihic line of the Postmaster-General (other than rejudrs, or tlie hning
of lines c rossing the line ot the Postmaster (leneial at right, angles at the point
of shortest distance and so continuing for a distance of si.\ feet on eaeh side of
such point), the Conqtany, or tlieir agents, not more than twenty-eigiit nor less
than fourteen chus hefne commencing the woi'k, shall give written notice h) the
Postmaster-General specilying the course of the line and the nature of the
Work, including the gaugo of any wire, and tiie Comjranv and their agents shall
conform with such reasonable rccjuirements (either general or special) as may
from rime to time be made oy the Postmaster General for the. purpose of pre¬
venting any telegraphic line of the Postmaster-General frtnn being injuriously
affected by the said act or work.
(/;.) Any difference which arises between the Postmaster-General and the
Company or their agents with res))ect to any recjuirements so made shall be
determined by arbitratiou.
(d.^i In the event of any ( ontravention or wilful nou-com])liance with this
section by the Company or their agents, the Conqtany shall be liable to a fine
not exceeding ten jiounds for every dav during v hicli sueh contravention or
non-compliance continues, or if the telegrapldc communication is wdfulh' inter¬
rupted, not e.Kceeding fifty pounds for eveiy day on whieh smdi interruption
COlltiilUCS.
(l.'i Provided tinit n-ihing in this section shall subject the Company or tlieir
agents to a fine under thi- seciinn, if the\' satisfy the cmirt having cognizance
of the case that the immediate doing of the act or execution of the work was
rec|Uire(l t ' avoid tm aecideut, or otherwise was a work of emergency, and that
the\' forthwith served on the postmaster or suh-postmaster of the postal tele-
grapii office nearest in ihe jtlaee vGiere the ac: or work was done a notice of the
execution thereof, stating the reason for doing or executing the same witlmut
j)revi us notice
(á.) For lite pui jioses of this section a telegraphic line of tlie Postmaster-
Genctal -dudl he deemed to he injuriously affecteii iiy an act or work if
telegnqihie communication by imans of siudi line is, whether through induction
or otherwise, in au\ iiianiier attected hy such act or work, or by any use made
of such work.
' (i.) For the ])urposes of this section, and subject as therein provided, sections
two. eight, nine, ten, eleven, an 1 twelve of '■ The Telegraphic Act, 1878," shall be
deetned to he incorporated with this Order, as if the Compain were undertakers
within the meaning of those section-, 'aithoiit jirejudice nevertheless to any
opération whi(di the other sections of the said Act would have had if this section
had not been enacted, iind, in jtarticular, nothing in this section shall be deemed
to e.xtdede the provisions of section seven of tiie Tidegrapliic Act, 1878, in
relation to the matter mentioned in that section.
(7.) '! he exjiression "electric line ' has the same meaning in this section as
in the Electric Lighting Act, 1882.
(8.) Any ([uestion or difi'erence arising under this section which is directed
to l)e deiermiued l)y aihitration shall he determined Ity an arbitrator appointed
bv the Hoard oí Trade on the application of either party, whose decision shall
he final, and sections tliiity to tliirly-two, both inclusive, of the Regulation of
Railways Act, 1808, shall apply in like manner as if the Company or their
agents were a Comitany within that meaning of that Act.
(9.) Nothing
MADE UNDER " THF. LIGHT RAILWAYS (IHELAYD) ACT, 18S9." 133
(9.) Nothing in this section contained shall be held to deprive the Post¬
master-General of ain* existirig right to proceed against the ('ompan\' by
indictment, action, or otherwise, in relation to any of the matters aforesaid.
Works below High-water Mark not to be commenced without consent of Bnard
of Trade.
37. The Company shall not coiisirnct on tli-' sliore of the s a, oe of any
creek, bar-, arm of the sea, or navigaide river, comnninicating therewith,
where and so far up the same as the tide florvs and re-Üows, any work rvithoiit
the previous consent of the Board of Tiade, t > he signified in writing under the
hand of one of the Secretaries or Assistant Secretaries of tlie Board of Trade,
and then only according to such plan and under such restrictions and regula¬
tions as the Board of Trade ma} approve of. such approval being signiñed as
last at resaid ; and where any such work may have been constructed, the
Company shall not at any time alter or e.xtend tiie same, without olitaming,
previously to making any such alteration or extension, the like consenis or
approvals. If any such work he commenced or completed contrary to the
provisions of this Order, the Board of Frade ma\' abate and remove the same,
anil restore the site thereof to its former condition at the cost and chaige of
the Promoters, and the amonnt of such costs and charges shall he a debt dm.'
from the Company to tne Crown, and shall be recoverable accordingly with
costs.
Saring Rights of the Crown in the Foreshore.
38. Nothing conlained in this Order shall authorise the Company to take,
use, or in any manner interfei e with any portion of the shore or bed of the sea,
or of any river, channel, creek, btiy, or estuary, or any right in respect thereof
belonging to the Queen's Most Ihxcellent Majestv, in right of Her Crown, and
under the management of the Board of Tnule, withoc.t the previous consent in
wriiinu by the Bimnl of Trade on behalf of Ihr .Majesty (which consent the
Board of Trade may give) ; neither shall anything in this Order contained
extend to, take awav, prejudice, diminish, or alter any of the estates, lights,
privileges, ])owers, or authorities vested in or enjoyed or exerciseable by the
Queen's Majesty, Her Heirs or Successors.
Jnj/ Land Reclaimed bg the Works not to be taken withoat consent of the
Hoard of Trade.
3!). If in the course or by means of the execution ol'any works l-y this Order
authorised, any part of the shores or bed of any bay or estiuiry, or tidtd river,
or of the S'a beyond the mouth thereof belonging to Her Majesty shall be
inued, gained, or reclaimed from the water, the Company shall not have or
exercise any right upon the same, or in resirect thereof, and shall not enter
upon, lake, use, or iiitei fci'c with the land so inned, gained, or reclaimed for
an\- purpose whatsoever, withoat the consent in writing of the Board of Trade
on behalf of Her Majesty, but such inning, gainiua, or re- lamafion s'lall enure
absolutely foi- the bcnetit of the Queen's Majesty, Her H.drs or Successors.
Saving Rif/hts of the Crown under Crown Lands Act.
40. .Xothing contained in this Order, or to he done under the authority
thereof, shall in any manner affect the title to any of the subjects, or any rights,
powers, or authorities mentioned in or reserved by Sections 21 and 22 of the
Crown Land Act, 186(), .md belonging to or exerciseable by Her Majesty, Her
Ht irs or Successors.
Cogy of Map, Plan, and Book of Reference to be lodged with Board of Trade.
41. Within one calendar month from the date of this Order the Conpiany
shall lodge with the Boar-I of Tr.ide one copy of the .Map and Plans describing
the Uailwa}r, together with one copy of the Book of Reference.
67. ' R 3
»3^
COPIES OF ORDERS IN COUNCIL, AND AGREEMETS
Incorporation of Acts.
42. The Land Clauses Acts; the Railways Clauses Consolidation Act, 1845;
the Clearing Act (Ireland), 1 SCO ; the Railways Clauses Act, 1863 ; the Com¬
panies Clausi s Acts, 184 5 and 1863; t!ie Regulation of Radways Act, 1868;
the Board of Trade Arbitration Act, 18/4, shall, subject to tlie provisions of the
Tramways (Ireland) Act--, be incorporated with this Order, except where the
same was ( xpressly varied by tliis Order. The provisions of the said Acts
directing deposits to be made with tiie Clerks of the Prace (except the ¡trovisions
relative to access to tlic sitecial Act), and w ith Cleiks of Poor Law Unions and
Postmasters, aird the provisions with respect to the use of locomotive engines
or other movine power, not being animal power, are hereby e.'ccejrted out of the
irrcorporation hcrt inbefore made.
Interpretation.
4 3. Irr this Order several words, terms, and expressions to which meanings
are as^iel■ed by the 'i'ramways (Ireland) Acts and the Railways (Ireland) Acts
have the same meanings lespeciively assigned to tbem b}^ the said Acts.
Provided tliat in this Order tbe e\|)re-sion " the Raihvav " and "the Under¬
taking," shall mean respectively the " Ligi't Railway or Railway and works,
and tbe undertaking authoiised by this Order."' Provided also that in this
Ordi'r the term tiiC " Tramwa\s (Ireland) Acts " means the Tiamways (Ireland)
Act, 1866; the'I'ramwa;, s Ireland Amendment Act, 1861; the Act 34 & 35
Viet. cap. 114 ; tiie Act 39 & 40 Vict. cmp. 6.> ; the 45 k 46 Vict. cap. ]/;
the 4() & 47 Vict. cap. 43; the Tramways Iieland Amendment Act, 1881;
and the Tramways and Public Companies (Ireland) Act, 1883; the Light
llailwx'iys (Irdanci) Act, 1889; the Railways (Ireland) ,\ct, 1890; and the
Transfer of Railways (Ireland) Act, 1890; and for the purpmses of this Order
the ex])rcssions " the special Act," " the Undertaking," " tiic Ivailway," and
" the Com|)any," respectively in any of the Acis incorporated herewith, shall
have the meanings respectively assigned to them by Section 20 of the Tramways
(Ireland) Act, 1860.
Short Initie.
44. This Order may he cired for all purposes as the " West Kerry (Killorglin
and N'alentia) Railway Order, 1891."
Given at the Council Chamber, Dublin Castle, the l/th day of February
1 891.
Ashbourne, C. Diogheda.
Belmore. \\'oheley. Morris.
Hedges E\ re Chatterton. Inn T. Hamilton.
^^'illiam B. I'orde. West Ridgeway.
MC II urne-Dick.
FIRST SCIILDULE referred to in the foregoing Order.
Pkkskntme.nt of the Grand Jury of ihe County of Kerry.
6 & 7 William IV. c. 116.
The Tramways (Ireland) Acts, 1860-1881; and The Tiamways and Public
Comjranies (Ireland) Act, 1883.
COUNTY OF KERRY.
Spring Assizes, 1890.
"Whereas apjilicalion is intended to be made to tho Lord Lieutenant in
Council, by the We.st Kerry Light Railway or Tramway Company, Limited,
hereinafter called " The Company," for an Order auth.orizing the Company to
make and maintain Light Railways in ihe said County of Kerry, commencing
in the. Townland of Laharan, Parish of Killorglin, Barony of Trughenackmy,
and
MADE UNDER "THE LIGHT RAILWAYS (IRELAN'H) ACT, 1889." 135
and County of Kerry, at a p'ânt in the centre line of the Killorglin, and
Farranfore Railway, and in tlie Passenger Station of the s del Raihvav at
Killorglin, distant 70 vards or thereabouts from the eastern end of the Pas¬
senger Platform of said station, nie.isured in a westerly d rect on from the said
eastern end of platform, and tern inating in the Townland of Reenard, Parish
of Cahei-, Barony of Iveragh, and Comit}' of Kerry, at a point distant 20 yards
or thereabouts, measured in a westerly direciimi from the western end of the
house in the occupation of Edward O'Xeill, at Reenard l^oint, which said line
of Railway are hereinafter called " the Undertaking."
And whereas the Company duly made ap|»lication to us the (irand Jui-y of
the County of Kerry, as-emhled at this present Assize-, to approve of the
undertaking, and also under the provisi.ids of the Tramways and Public Com¬
panies (Ireland) Act, 1883, proposed to us that the Barony of Iveragh, and
that the Towulamis of the i'arish of Kilorohaue, in the Barony of Dunkenon
South, which are cituate iu tiie Poor Law Union oi Caherciveeu, in the said
County of Kerry, should guarantee the payment of Dividends upon "9,900 /.,
paid-up Capital of the Compan}', at the rate of 4 I. per cent, jier annum.
And whereas we the Grand Jury of the said County of Korr\ having before
us—
(1.) The copy of the Adverfsement publi-hed bv tlie said t.'ompanv ;
(2.) The published Ma]) to a Scale of not less than a quarter of an inch
to a mile, with the line of the proposed Light Railway cUdiaeated thereon,
so as to show its general course and direction ;
(3.) A Plan, Book of Reference and Section, prepared according to the
regulations contained in Schci ule "A" to the Ti amwavs (Ireland) Act,
J8()C', which was duly deposited with the Secrettiry of the Grand Jury ;
(4.) A Memoiial of the Promoters duly si.ned, addressed to the Lord
Lieutenant in Council, praying for an Order in Council authorizing the
making of tim sttid Lig'ht Hadway with a draft of t!ie j)ro])o>ed Order
schidulfcd to the Memorial;
(.).) An estimate of the e.xpense of the Undertaking signed by J. 11. Ryan
and G. A. E. llick-on, the persons who made the same;
(G.) Lists of the Owners and others to whom the Promoters had givon
the notice required by tl.e 3id -ection of the Ti'amways (Indaud) Act, 18G9,
pr(])a)ed according to th.e regulations contained in Schedule " A" to said
Act, Part 1 ; and —
(7.) The Report of the Board of Works on the said Undertaking, and
the Re])ort of the Connt\ Surveyors of the Northern and Soutairn Divisions
of the County of Kerry on the said Undei taking ; and being satisfied
that the Company have complied with the re(|U'remeuts of tli'' several
Acts relating to Tramways in Ireland, ;ind ha\ing ditly iiuuiired into
and consideri d the nmrits of the undertaking and the said projtos d of the
Promoters, and the said several docnments hcreinbeloi e mentioned, and
having heard the evidence otlered by the Promotei s, and having In ard all
persotjS inti rested who upqre.iiv (1 before the Grand J my and de-ired to [)e
heard, and luiving before us the recommendation of the Boaial of AVorks to
the Treasury, that the said undertaking should be aidid out of public
monev under the provisions of the Light ILdlways (Irrdaud) Act, 188!),
and tiiat the authorised Ctqiilal should be 1 5.'),99()/., made vq) of a Share
Ca])ittd of 79,990/., to be raised b\ Grand Jur\ Presentment, guiiranteeing
dividends thereon in perjretuity, and by a li'ccgraui of 8.'),00()/. to he given
eith.er as a fiee grant or by a ¡ eiqietual anneal ¡layment of 3 / per eentnni
])( r annum then en, r-r ]iartl\ of one and ]iartly 01 the other;
We do hereby ap|)rove of the said undertaking, and of the piojtos'd Order in
Council, subje ct, to any alteration or modifictitions wh eh mav be made tin rein
by the Lord Lieutenant in Council. And we do herelw, in ])ur-uanee of the
power and authority in that behalf given by Section I, Sul)-secti()n 2, of
Chapter 43 of the 4G & 47 Viet., present, (u-dei-, and din et that 'the
Barony of Iveragh, and the Towlandsin the ParLh of Kilciohane, in the Barony
6/- R 4 Of
»36 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
of Dunkerron South, ■whieli are situate in the Poor Law Union of Caherciveen,
in the County of Kerry, shall, by way ot euarantee, be charfied and chargeable
with the payment to the Company of a dividend e(|ual to 4 I. per < entum, per
annum, payalde half-yearly in perpetuity of 70,000/., or on such other sum not
exceeding that auuiunt as shall be limited by the Lord Lieutenant in Council,
pursuant to said Act, such dividends to be from time to time payable ou so
much of the share capital of tlie ( ompatjy as shall for the time being be paid-
up capital as defined by the Tramways and Public Companies (Ireland) Act,
18S3, provided »hat the said Itarony of Iveragh, and said portion ot said parish
ol Kilcroliane, shall be liable to contribute to the said guaiantee in the propor¬
tion followim/, that is to say :—
That the Barony of Iveragh shall be liable to pay dividends on the sum of
66,000/., and the said portion of the said Parish of Kilerohane shall be liable
to pay dividends on 4,000 /., and so in proportion in case that portion of the
Share Capital of the said Company un which a dividend is hereby guaranteed
^l1all bv the Lord Lieutenant in Count il be limited at a lesser sum than
70,000 /. Ami also that th.e said Barony of Ueragh, and said portion of the
Parish of Kilcroliane, siiall become chargeable under the circumstances specified
in such last-mentioned Act, with the payment from time to time of such suras
as may be n quiied for l ompleting, working, or maintaining the undertaking,
su( h liabilit} to be borne by ilie said Barony of Iveragh, and said portion of
the Parish of Kilcroliane, in the same prOiiurtions as their liability for the said
guarantee as aforesaid.
Provided that the said Baronies respectively shall be represented
in the direciion ami supervision of the affairs and fimmce of the Comjiany
so fur as relate.- to the i-airl undertaking in manner fidlowing, that is to
say ;—
That the Presentment Seskions, which shall be held previous to the Summer
Assizi s for each of the said baronies, respectively, in each year, may elect some
person, liereiiialter called a Bm-unial Director, to be a Director of the Company,
and such Baronial Director shall ¡¡old office for the period of one year. And
it shall not lie neces^ari that such Baronial Directur shall possess the (|ualifi-
cation, if am', recpiired for Directors ( f the Company. The first election of
Baronial Din ctors for said baronit s, respectively, shall take place at the first
Presentment ¡Sessions for said harmiies as shall be held afrei the dati.' of the
Oiihr in Council confirining this Presentment. If any Baronial Director after
Iiis appointment and hefure the e.xpiratimi of his term oí office shall die, or
resign, or Ireeonie disipialified or incompétent to act as such Director, or shall
cea-e to be a Director from any other cause, any ordinary Presentment
Bes-ions for the iiarom for which the Director so d\ing was appointed may
elect in hi.s place anv other |)erson to hi' a Baronial Director, and the person so
to he (decietl to fill up any such vacancy shall continue in office as a Baionial
Dilector so long oidv as the pers<n in wlm>e. ])lace he shall nave been elected
would iiave i ecu eiititl (1 so to continue if such vacancy had not occurred, and
that the Presentment Sessions for the said bar. nies respnctively shall be
entitled, at the Sessions to be held in and for the said barony previous to the
Summer As-izcs in each year, to appoint some one person for each barony to
amlii the accounts of the said Company, and that the Auditor so apj>ointcd
shall he entitled to inspect the hooks and accounts of the said Company, and
shall in eaidi tear rc])ort thereon to the Presentment Sessions to be held in and
for the said baron)' pievious to the Spring and Summer .Assizes in caeh year,
and a copy of which Report shall be laid before the Grand .lury of the county
of Kerry at the Assizes next following on said respective Presentment
Sessions.
Provideil always that this Pi'esentment is tnade and granted subject to and
upon tlm terms and conditions following, that is to say : That the Treasury shall
sanction and make a free grant imdcr the provisions of the Fight Railways
Irelaiidj .Act, 1889, of a sum of 85,000/. in aid of the undertaking hereby
approvecl of, or jierpctuady guarantee an annual payment, of .3 per cent, per
annum on the said sum, or advance or secure such sum partly by way of free
•j-raiit and jtartiv ity way of such guarantee, and that a working agreement with
the Great Southern and Western Bailway Company be made which shall be
approved
MADE UNDER "TUE LIGHT RAILWAYS ilRLLAND) ACT, 1889." 137
approieci oí by the Lord Lieufenmit in Council, in default of whicli grant or
guarantee, or the making and approv al as afoiesaid of such wijrking agreement,
tills Presentment and every clause and prov ision therein contained shall be
null and void.
(signed) G. R. Broivne, Foreman.
SECOND SCHEDUI.E relerred to in the foi'going Order.
d'he Agreement wuh the Trrasgry and the Loard of Works.
Agreement made the eighteenth day of December 1890, betrveen the
Honourable Sidney Heibert, m.p,, and Sir Herbert Ensiace Maxwell, Bart.,
m.p., two of the Lords Commissioners of Her Majesty's Treasurv, hereinafter
called the Treasury (which expression shall include the survivor of them, and
the Executors, Administrators, and Assigns of such survivor, where the context
so requires or admits), of the first part ; Lieutenant General Biehani Hieram
Sa' key, r.e., c.b., William Richard Le Fanu, Esq., and Samuel Usshn-
Roberts, Esq., c.b , the Commissioners of Public Works in Ireland (hereinafter
called the Board of Works, which expression shall include the surv ivors and
survivor of them, and the Executors, Administrators, and Assigns of such
survivor, where the context so requires or admits), of the second part; and the
Great Southern and Western Railway Com()anv (hereinafter called the Railway
Conqiany), of the third part ; and tiiC West Kerrv Light Railway oi' Tramw.iy
Com|)any. Limited, of the lourth part.
Whereas the West Kerry Licht Railway or Tramway Company, Limimd,
being an Irish Railway tiompany, hereinafter calle i the Promoter-, are
Promoters of the Railway Undertaking known as the Killorglin and Valentia
Railway, the particulais whereof are specified in the Schedule to the Grand
Jul y Presentment hereinafter mentioned, which Railway is hereinafter referred
to sometimes as the Undertaking :
And whereas, in pursuance of the piov'sions of the Licht Railways (Ireland)
Act, 1889, hen inafter called the Act of 1889, the Lord Lieutei;ant by Order
in Council has declared that it is desirable that a Light Railway >hould be
constructed between (amongst other places) Killorglin and V.dentia, both in
the county of Kerry, for the development of Fislnries an 1 other industries, but
that owing to the circumstances of the district, special assistance from the
State is required for its construction, and further declared that, the prov isions
of the Act of 1889 should apply to such Light Railway ;
And whereas, by a Presentment made by the Grand Jury of the county of
Kerry, at the Spring Assizes, held in ami for the said county of Kerry in the
year 1890, after reciting amongst oth' r things that an application was intemled
to be made to the Lord Lieutenant in ( ouncil by the Promoters for an Order
authorising the Promoters to make and maintain the Light Railway therein
mentioned, the GramI Jury of the said county dui approve of the said
Undertaking, and of the proposed Order in Council, subject to any altera¬
tion or modification (if any) which might he made therein by the Lord
Liiutenant in Council, and did in pursuance of the power and authority
to them in that behalf given by Section I, Sut) .-ection 2 of Chapter 43 of the
46th & 47th Victoria entitled, the Tramways and Public Comjvanies (Ireland)
Act, 1883, present, order, and direct that the portions specifid in che said Pre¬
sentment of the baronies therein mentioni d should be charged and chargeable
with the payment to the Promoters of a divideiui evjiial to 4 1. per cent. |ier
annum, payable half-yearly in perpetuity upon 70,000/ or such other sum noi
exceeding that amount as should be limited by the Lord Lieutetiant in C mncil
pursuant to the said Act, which sum is hereinafter referred to as the Guaranteed
Capital :
And whereas the Report of the Board of works male upon the inciuiry
directed by the 9th Section of the Tramways (Ireland) Act, I860, as altered by
the 7th Section of the Act of 1889, approved of the Undertaking as set forcii
and presented for in the Presentment :
And whereas the Treasury, in pursuance of the Act of 1889, have agreed to
sanction the Undertaking and to aid tim same out of moneys to be provided by
Parliament either with a Iree grant of a ca|)ital sum not exceeditig 85,U00 /. or
O7. S in
138 COPIKS OF ORDERS IN COUNCIL, AND AGREEMENTS
in the altL'fnative, at tlie option of the Treasury, Iiy an annual payment of
2,550equivalent to three pounds per cent, on such capital su n reileemahie,
on payment by the Treasury 'o the Company of the ca| itaiised value of such
anneal payment calculated at the rate of 33 3 years' ¡juichase, or partly in one
way and jiartly in the i ther, and subject in any case to the observance of the
terms and conditions as to the construction, maintenance, execution, and
working the Underiaking, and as to the other matte s re lating thereto hereinafter
appi aring;
And whereas in pur-nance of the transfer of Railways (Ireland) Act, 1890,
the Promoters have agreed with the Railway Company for the transfer to them
of the Undertaking.
Now these presents witness that in exercise of the statutory ]iowers in the
Act ol 1889, and every other power enabling them in that belialf, it is hereby
mutually^ agreed and declared between the parties to these presents as follows,
that is to say—
Sanction of Undertaking.
I. The Treasury hereby sanction the Lhidertaking as appro'ed by the Board
of Woi IsS.
Power to Construct Railway other than Light Railway.
II. The Treasury in exercise of the power in the Act of 1890 enabling them,
hereby consent that it shall be lawful to construct, maintain, and work under
this Agreement a Railway other than a Light Railway.
Transfer of Undertaking.
III. The Promoters in exercise of the powers in the Transfer of Railways
(Ireland) Act, 1890, enabling them hereby agree to assign and transfer to the
Railway Company the Undertaking, and all statutory and other powers now
vested in the Promoters in respect thereof.
Construction of Undertaking.
IV. The Railway Con pany shall construct ami complete the Undertaking,
including the permanent way, and all stations, works, and conveniences in
connection therewith within the time limited hy the oider of the Lord
Lieutenant in Council, and in accordance with the deposited Plans and
Sections as modified by the working Plans, Sections, and Specifications herein
mentioned, and subject to such further modificatiuns as may from time to time
be sanctioned by the Board ol Woiks, and the Railway Company shall in case
the Parliamentary Grant, together with the Guaranteed Capital, be insufficient
to tully and properly construct and finish the proposed Railway, contribute to
the cost of the construction of the Undertaking such a sum ol' money as shall
be sufficient to construct the same, and they shall construct the Undertaking in
such a manner as shall he suitable for the existing rolling stock of the
Railway Company, and so as to enable the Railway to be worked as an
integral j)art of the Great Southern and Western Railway Company system
for ever.
Order in Council.
Y. The Promoteis shall forthwith obtain an Order of the Lord Lieutenant in
Council (^hei einafter called the Order) confirming this Agreement.
Application of Advances, S¡c.
VI. Upon obtaining the Order, the Railway Company, hereinafter called the
Constructors, shall ) rocted to construct ti.e 1 ndertaking, and apply the
mone\ s to be piovided by Parliament, herUnafier called the Parliamentary
Grant, to and for the purposes in the manm r and proportions, and subject to
the approval and conditions hereinafter mentioned, that is to say —
1. The 'Preasury will advam e to the Constructors as the works proceed
such sums out of the Parliamentary Grant as the Board of Works
certify for.
The
MADE UNDER "THE LIGHT RAILWAYS (1REÍ.AND) ACT, 1889." 139
The Beard of Works shall at the request of tlie Censtrucrei's from time
to time certify the value of the work done
Such advances shall be in sums of not less than .3,(>00 I. at a time, and
before beinj^ entitled to payment of the last advance, to be made out of the
Parliamentary Grant, the Constructors sliall complete and finish the
Undertaking to 'he satisfaction of tlie Bo.ard of Works, and oi)eu the same
for traffic.
When the Treasury have advanced 20,000the Constructors shall expend
10,000 out of the guaranteed capital, and upon the exirenditure of the said
sum of 10,000 I, ireiiig duly vouched and certified for lo the Board of Works,
the Treasuiy will advance to the Construciors a furr er sum of I 5,000 A, and
after or concurrently with the expenditure of the said sum <d' 15,009 A the
Constructors shall expend a further sum of 10,000 /. of the guaranteed capital,
for the purposes of the Undertaking, and upon same being certified for as
aforesaid the Treasury a ill advance the balanct; ot the Parliamentary Grant,
alternately, with the vouclied expenditure by the Constructors of an equal sum
out of the guaranteed capital, save as hereinbefore provided as regards t e last
Treasury iustaiment.
Alternative C'lmcse.
VII. In case the Treasurv shall so desire, and sluill signif}^ such desire in
writing to the Constructor«, tin- pro cisión«, as regards the Parliamentary
Grant hereinbefore containe ', s all cease to be a|)plicable to tiie aid hereby
agr, ed to be afforded to tbe Constructors, and the last preceding clause of this
Agreement shall thereupon b' deo-med to be cncelled, and in substitution
therefor' the following provisions shall apply :—
1. The Treasury will pay to the Construciors or their Attorney, lawfrrlly
authorised, an annual sum hereinafter referred to as the irrterirn annuity,
equivalent to 3 I per cent., ort the amount of nroney frmn time to time,
due by the Constructors to the on foot of advances
agreed to be made by the said Bank to the Constructors on the security uf
the said annrral sum, whiclr advances are hereinafti r- referred to as the
Brrnker's advances, and ;rft-r the Undertaking has been completed and
opened for traffic, will pay to the Constructors an annual sum equivalí nt
to 3 I. per cerri., on the total amount of the Banker's a 'vanees, hereinafter
called the annuity in aid.
The payment of the annuity in aid, and the interim annuity shall be subject
to the follow ing conditions ; —
1st The Banker's advances shall have been previously applied for the
]>urposes of the Undertaking, and such expenditure certified for by the
Board of W^orks.
2nrl. The Board of Works slndl at the request of the Consiructors fi-om
time to time, as the work proceeds, certity the value of the work done.
3rd. The Banker's advances shall be in amount« of 5,000 A at least, and
the said 3 A per cent, «hall be payable in r spemt of each advance Irom the
dale of pavment thereof by the Bank to the t. onstr uctors with this
qualification that the annual sum of 150 A, the final poriimi of the annuity
in aid, shall not be payable or begin to accrue until the Undertaking has
been completed and finished to the satisfaction of t.ic Board of Works
and opened fur traffic.
4th. The annuity in aid and the interim annuity shall be payable on the
5th of April and 5th of Oetober in every year.
5th. y\fter the Banker's advances sliall have reached 20,000 /., the
Constructors shall expen.l 10,000 A at least of the guaranteed capital on
the purposes of the Under akiug, such interim expemliture to be certified
as aforesaid, and so on in the proportions provided as regard« the capital
sum.
67.
COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Mixed Aid.
YIII. The aid hereby agreed to be aíForded to the Constructors may in ca<e
the Treasury so desire he partly by way of grant, and partly by way of an
annual payment calculated at the rate of 3 /. per cent, on such portion of the
said sum of 85,000 I. as the Treasury do not des re to advance to the Con¬
structors by way of cajrital advances.
And in such case the provisions hereinbefore contained with respect to the
Parliamentary Grant shall tnulaiis mutandis apply to the capital advances to the
Constructors and the provisions with respect to the interim annuity, and the
annuity in aid shall mutatis mutandis apply to the annual payment under this
clause.
Redemption of Annuity.
IX. In case the Treasury shall on or at. any time after the 5th of Aprd 1892,
be desirous of redeeming any annual sum payable under this Agreement, or any
pat t thereof, not being les< than 1 50 I. a year, and shall give to the Constructors
on the 5th of April 1892, or any succeeding 5th April, twelve calendar months'
notice in writing of such desire, then, and in such case the Constructors will
upon the expiration of the said twelve months on receiving fro n the Treasury
full payment of such annual sum or part to be I'edeemed ami all arrears up to
and including the day of lademption, an-i on receiving from the Treasury
payment oí the capitalized value of such annual sum or part to be redeemed
calculated at the rat<; of 33"3 years' purchase in full discharge and satisfaction
of the same, lelcase the i reasnry from all further payment of the same wiiich
shall thereupon cease and determine.
Any such redeniption as aforesaid may, with the consent of the Directors for
the time being of the Construction Company he made with less than 12 months'
notice, or without notice, or he made ot a less sum than 150/. a year.
Conditions of Expenditure.
X. The ex|jendit.ure of all monies by the Constructors for the purposes of
the Undertaking shall be subject to the following conditions; —
(1). The money shall be applied lor the frurposes of the Undeidaking
in a manner apjmoved of "oy the Boanl of Works.
(2). The expenditure of all money shall be vouched to the satisfactioti
of the Beard of Works.
(3). The appointment of a land valuer shall be subject to the approval
of the Board of Works.
( 4). The Board of ^A'orks with the sanction of the d'reasury may appoint
an engineer to inspect and report from titne to time on the works,
hereinafter called the Inspecting Engineer.
It orking Plans and Specifications.
XI. if the Board of Works so desire the Working Plans, Sections, and
Specifications for the Line of Railway and Bridges, the design and Specification
for all Station Buildings and any material modifications of the works herein¬
after mentioned, which Line of Railway Bridges and Station Buildings are
herein referred to as the AA'orks, shall from time to time when prepared by the
Constrnctots' Engineer, he lodged with and suliraitted to the. Board of Works
for their approval.
Provisions for orking and Maintenance.
XII. On and for ever after the opening of the Ll'.idertaking for traffic, the
Railway Comí an)'shall work, manage, and maintain the Undertaking in an
efficient and substantial manner, and collect, convey, and conduct the traffic
thereon. And shall provide all such locomotive ])ower, engines, carriages,
trucks, and other rolling stock, plans, stores, materials, and labour, as shall be
proper and sufficient for the working and use of the Undertaking,
The
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 141
The gross amount of the tolls, fares, rates, and charges, arising from the
Undertaking shall be applied as follows;—
1. In payment of the cost and working and maintaining the
Undertaking.
2. In payment of a dividend at the rate of 4/. per cent, per anmiiu on
the guaiantced capital.
3. In paying any money which in anv previous half-year shall have
been contributed by the guaranteeing iiaronies, in pursuance of their
guarantee, under the provisions of the tramways (Ireland) Acts.
4. The surplus (if any) shall belong to the Railway Comjtany.
The Railway Company shall keej) full, true, and distinct books of account,
showing the receipts of the Undertaking from every source and its expenditure,
and they shall keep and preserve all receipts and other docunients necessa' y for
vouching the same, and shall at all reasonable times produce the said hooks,
receipts, and documents for the inspection of the Aibitrators appointed,
pursuant to Section 6 of the Tramways and Public Co npanics (Ireland) Act,
1883, and any Auditor who may from titne to time be appointed under that Act
or by the Treasury.
Xlll. The Railway Compatiy hereby covenants with the Treasury that so
soon as the Undertaking is (¡¡tened for trafhc they (the Comp atiy) will for ever
thereafter run at least two passetiger trains each way, and at least one goods
train (if mixed trains are not allowed by tiic Board of Trade) on week-days
between Killorglin and Valentía, and in connection with the trains on their
owt) present line.
XIV The Tretisury shall be sole judges of the cotistruction of this Agreement
and of all matters and things therein referred t.i, save a- regaidslhe wo king,
plans, si¡ecifications, and designs or tiie works to be executed under this
Agreement, in which case, sliould the Company's En^rineer and the Inspecting
Engineer disagree, the matter in dispute shall be settled by an appeal to the
Board of Trade on the application of cither party, and the decision of the Board
of Trade thereon shall be final.
XV. Nothing herein c urtained shall charge, affect, oi- incumber the real or
personal esttite of the parties hereto, of ti e first and second p irts, they having
executed tliese pi esents only in their respe('ti\ e capacities, of Lords Commis-
siontrs of Her Majesty's Treasury and Commissioners of Public Works in
Ireland, and having no personal interest therein. .And tiiis Agreement shall
be binding on the Railway Company only, if, and so far as the Railway
Compan)r now is or hert alfer shall be by law autlmrised and empoweivd to
cany out the same.
In Witness wheieof the parties hereto of the first and second
parts have respectively set their Hands and affixed their
Seals, and the Great Southern and Western Railway Com¬
pany, and the West Kerry Light Railway or Tramway
Company, Limited, have hereunto respectively affixed their
Common Seals the day and year first herein written.
Trnfjlc Provisions.
Construction of Agreement.
Indemnitj/. Ireasitry and Board of ^Vorks.
Signed, Sealed, and Delivered by
Sidney Herbert, being one of
the Lords Commissioners by
Her .Majesty s Treasury, in the
presence of—
Sidney Herbert.
{Seal.)
Michael H. Herbert,
Wilton Hou.se, Salisbury.
by-
s 3
Signed,
142 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Signed, Sealed, and Delivered by
Herbert, Eustace \ ' ax weil, being
one of the Lords Cominis-
sioneis of Her Majesty's Trea-
si.ry. in the presence of—
A. Johnstone Douglas,
Comlongan Castle,
Ruthweil, N.B.
Signed, Sealed, and Delivered
by Richard Hieram Sankey,
William Richard Le Fanu, and
Samuel Ussher Roberts, in the
presence of—
W. M. Lane, Solicitor,
Uflice of Public Works,
Dublin.
The Common Seal of the Great
Southern and Western Railway
Company was affixed hereto, in
presence of—
Fras. B. Ormsby,
Sec. G.S.W.R.
The Common Seal of the West
Keriy Light Railway or Tram¬
way Company, Limited, was
affixed hereto, in presence ol—
A. O'Driscoll, Chairman,
Brinsley Fitzgerald,
Secretary,
Augustine .M. Keogh,
Law Department,
Office of Public Works,
Dublin.
Herbert Eustace
Maxwell.
{Sml.)
Rich. H. Sankey.
W. R. Le Fanu.
S. U. Roberts.
{Seal.)
{Seal.)
{Seal.)
THIRD SCHEDULE referred to in the foregoing Order.
A Liiiht Railway No. 1, comnencing in the Townland of Laharan, Parish of
Killorglin, Barony of Truglienackmy, a id County of K'^rry, at a point in the
centre line ot the Killorglin and Farranfore Railway, and in the Passenger
Station of the said Railway at Killorglin, distant seventy yards, or thereabouts,
from the e istern en I of the passenger platform of said Station, measured in a
westerley direction from flie s lid east rn end of platform, and terminating in
the Townland of Scartnamaekagh, Ptirish of Killorglin, Baro ly of Iveragli, and
County of Kerry, at point dista^it thirty yards or thereabouts, measured in an
easterly direction from the eastrrn corner of the house in the oceup.ition of
John Clifford; which said intended Light Railway No. 1 will piss from,
through, or into the following towolands, parishes, extra-parochial, or other
places following, or some of them, that is to say :—The Townlands of Laliaran,
Farrantoreen, Rangne, Muingaphuca, Glan lagiUiagh, Tooreenasliggaiin, Q,u ly-
bann, Scartnamackagh, Ballintle ive, Ballintleave Co iimms, in the Parish of
Killorglin, all in the County of Kerry.
A Light
MADE UNDER "THE LIGHT RAIUVAVS (IRELAND) ACT, 1889" 143
A Light Railway No. 2, commpncing at the point of termination of said
Light Railway No. 1, as before described, and terminating in the Townland of
Reenard, Parish of Caher, Barony of Iveragh, and County of Kerry, at a point
distant 20 yards, or thereabouts, measured in a westerly direction, from the
western end of the house in the occupation of Edward O'Neill, at Reenard
point, which said intended Light Railway No. 2, will pass from, through, or
into the following townlands, parishes, extra-jiarochial, or other places follow¬
ing, or some of them ; that is to say :—the Townlands of Scartnamackagh,
Balimtleave, in the Parish of Killerglin; the Townlands of Cnrraheen, Curra-
heen Little, Reennanallagane, Kilnahrack Lower, Kilnabrack Upper, Faha,
Curra, Drom, Drom M'^est, Coolnaharragill Lower, Coolnaharragill Upper,
Kilkeehagh, in the Parish of Glauhehy ; the Townlands of Gleensk, Gortaforia,
Cahernaman, Cappamore, Knockaneyeuloo, Boulerdagh, Gortnagree, Lisbane,
Ballynahowmore, FoildiifF, Tullig, Dooneen, Killurly East, Ballydarrig, Killurly
VVesi, in the Parish of Killinane, the Townland of Cloghanelinagiian, in the
Parish of Caher, the Townlands of Caherciveen, Garranebane, Garraneragh,
Reenard, in the Parish of Caher, and the extra-parochial place of the bed and
shore of the River Valencia, all in the County of Kerry.
144 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
THE HEADFORD AND KENMARE RAILWAY ORDER, 1891.
By the Lord Lieutenant and Privy Council in Ireland.
Zetland.
Wmere.\s the Lord .JiiPtices General and General Guvernors of Ireiai.d by an
Order in Council made the 1st day of November 1889, pursuant lo the
provisions of the T ight Railways (Ireland) Act, 1889. declared that it is
desirable ihat a Light Railway should be constructed between Headford and
Kenmare, both in the County of Kerry, for the development nf fisheries and
other industries, but that, nwing to the circumstances of the district, special
assisfance from the State is required for its construction ; and further declared
that the provisions of the said Act should apply to such Light Railway.
And whereas the Grand Jury of the County of Kerry assembled at the Spring
Assizes held in and for the said Coun'y of Kerry, actinu'in execution of the
Tramways (Ireland) Acts as hereinafter defined, made ilie pre-entment which is
set out in the First Schedule to this Order, and tliereby approved of the
construction of a Light Railway between Headford and Kenmare aforesaid.
And whereas by an Agreement, dated the 15th day of December 1890, and
made between the Honourable Siiluey Herbert, m.p., and Sir Herbert Eustace
Maxwell, Bart., m.p., two of the Lords Commissioners of Her Majesiys
Tr( asury, of the first part; Lieutenant General Richard Hieram Sankey,
li.E., C.B., William Richard Le Fanu, Esq., and Samuel Ussher Roberts, Fsq.,
C.B., the Commissioners of Public Works in Ireland, of the second p.irt ; the
Great Southern and Western Railway Conqiany, of the third part; and the
Kinmare and Headford Light Railway and Tramway Company, Limited, being
the promoters of the said undertaking (in this Order referred to as the Promoting
Company), of the fourth part, and which is set out iu the Sec ond Schedule to
this Order, the Promoting Company, in exercise of the powers in the Transfer
of Railways (Ircdand) Act, 1890, enabling them, agreed to assign and transfer
to the said Great Southern and Y'estern Railway Company the said Under¬
taking, and all statutory and otlier pov\ers vested in the Promoting Company.
And that they, the Promoting Company, should forthwith obtain an Order of
the Lord 1 ieutenant in Council confirming the said Agreement.
Ami it was further agreed between the parties thereto that upon
obtaining such Order the said Great Southern and Western Railway Company
should forthwith proceed to construct the Undertaking. And the Treasury
thereby sanctioned the Undertaking, and in pursuance 'd the Light Railways
(Ire land) Act, 1889, agreed to aid the same in the manner therein paiticularly
mentioned.
And whereas, upon the 11 th day of November 1890, the Promoting
Company presented a memorial to the Lord Lieutenant in Council, and thereby
prayed th.at the Lord Lieutenant in Council would make an Order authorising
the construction, maintenance, tquiptnent, and working of the said Light
Railway, and confirming the said presentment and the said Agreement of the
15th day of December 1890.
And whereas, since the said memorial was presented, the Railway and Canal
Commissioners, in pursuance of the Transfer of Railwa\s (Ireland) Act, 1890,
have duly approved of the said Agreement of the 15th day of December
1890, and the said Undertaking thereopoti became tratisferred to and vested in
the Great Southern and Western Railway Company, subject to the provisions
of the same Act,
And it appears to the Lord Lieutenant iu Council that it is expedient to make
the Order following :—
Therefore, it is ordered by the Lord Lieutenant General and General
Governor of Ireland, by ami with the advice of Her Majesty's Privy Council in
Ireland.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 145
Promoters.
1. The Great Southern and Western Railway Company shall be the Promoters
for the purposes of this Order, and the said Company are in this Order referred
to as the " Company."
Power to construct Line.
2. The company may construct, maintain, equip, and work hy locomotive
engines or other mechanical power, -ubjeci to thi' provisions of this Order, and
of the Acts incorporated herewith, s ive as hei'einafter excepted, the Light
Railway or railway described in the Third Sched de to this Order in the
directions and levels, with powers of lateral deviation within the limits of
deviation specified and described in the plans deposited in respect ol the
application for this Order with the Secretary of the Grand Jury of the county
of Kerry, and of verti- al deviation from the levels slmwn on the sections so
deposited, hereinafter called the deposited jilans and sections, as provided hy the
Acts incorporated herewith, hut subject to such provision for the correction of
errors as is hy this Order provided, with ail proper raiU, plates, sleepets, sidings,
branch railways, junctions, passing places, turn tables, tunnels, approaches,
bridges, yaids, offices, engine houses, stables, carriage houses, warehouses,
works, houses, buildings, and conveniences connecteil therewith, and (suiqect
to the provisions of the said Acts) may by agreement or compulsion, purchase,
acquire, and hold all such lands, rights, easements, and [irivileges, as may he
necessary for the purposes of the said railway, and any engine-houses, stables,
carriage-bouses, waieliouses, and other buildings and works requisite for the
working of the said railway.
Gauge and other particulars.
3. 1 he gauge of the railway shall be five feet three inches; and it shall be
lawi'ul for the promoters to construct, maintain, and work a railway other than
a Light Railway.
Compulsory Purchase of Lands.
4. Erom and after the time when this Order becomes binding, the Company
shall be empowered to put in force the provisions of the Lands Clauses Consoli¬
dation Act, 1845 (including the Rtiilway Act (Ireland), 1851), and the Acts
amending the same and incorporated therewith with respect to the pnrehase
and taking of land otherwise than by Agreement with reference to the lands
and premises delineated on and described in tlie deposited plans and hook of
reference, or as they tnay he corrected under the provisions hereinafter
contained, and within the powers of deviation, and it is hereby ordered that
sections 42 and 43 of the Tramways (Ireland) Act, i860, shall not apply to or
he binding on the company, or the undertaking authorized and sanctioned hy
this Older. The powers of compulsory purchase of lands and premises as
conferred by this Order shall not he exercised after the expiration of three years
from the time when this Order becomes binding.
Time for Completion.
5. The company shall complete and finish ready for use the said railway, and
shall proiide a proper quantity of rolling stock and equipment within two yi ars
from the date of this Order becoming binding.
Confirmation of Presentments and Resolution.
6. The presentment of the Grand Jury of the County of Kerry which is set
out in the First Schedule to this Order is hereby confirmed so far as it relates
to the charge to be paid iiythe baronies and parts of baronies therein mentioned
for the payment of dividends at the rate of 4 I. per cent, per annum on the sum
of 60,000 /., the guarantee on which is limited hy this Order.
The proportions in which the said baronies and parts of baronies shall be
liable inter se to contribute to the said guarantee are the proportions specified
in the said presentment.
67. T
146 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Limit of Guarantee, Sfc.
7. The capital to which the guarantee s t out in the said presentment shall
apply is hereby limited to the sum of 60,000 I., and the guarantee shall apply
to so mueh of the capital so limite d as is ac ually paid-up, and the company
may issue baronial jiuarantee I shares or debenture stock, of the company to the
amount of 60,000 pursuant to the provisions of the Tians'er of Railways
(Ireland) Act, 1890.
Power to Cross Roads.
8. dhe company may, subject to the provisions of the Acts incorporated
herewith and of thi« Order for the purpnses of tlie said railway, and construction
thereof, cross, divert, or alter, whether temporalily or permanently, roads,
bridges, streams, and watercourses, drains, sewers, pipes, and other works, and
remove or lop all hedges and trees which it may be necessary for tne |)ui poses
of constructing or maintaining, working or using the said railway, provided
that the company shall not cross, alter, or divert, or in any way interfere ulth
any tele, rapide line of the Po-tmaster General, except in accordance with and
sulijecL to the provisions of the Teh graph Act, 1878. The expression
"telegraphic line " has the same meaning as in the IVIegraph Act, 1878.
Notice to Surveyor.
9. Before the company commence to open or break up a street or high road,
they shall give to the surveyor having charge thereof, notice of their intention
to do so, such notice to be given 48 hours before the commencement of the
work. .
Superintendence hy Surveyor.
10. The company shall not open or bieak up any street or load save and
except with the approval and under the superintendence of the surveyor having
charge I hereof, unless he neg lects or refuses to give such superintendence at the
time specified in the n-tice of the c 'inpany or discontinues the same during the
work. Such surveyor shall be paid by the company such reasonable remunera¬
tion for the duties hereby imposed upon hi in as may be directed by the Lord
Lieutenant by any general or special Order.
Restoring Roads.
11. The company shall, after having opened or broken up a street or hiuh
road, with all convenient speed complete the work on account of which they
opened or broke up the same, and (subject to the formation of the railway) fill
in the o round level and make good the surface, and generally restore the street
or highway to as good a condition as that in which it was before it was opened
or broken up, and clear away all rubbish occasioned thereby. 1 hey shall,
during such period as the street or the high road may be opened or broken up,
cause the place where the street or high road is opened or broken up to be
fenced and watched and to be properly lighted at night.
Expenses of Repairs.
12. The company shall pay all reasonable expenses of the repairs of the
streets and high roads over which they shall have constructed any pait of the
said railway for six months after the same shall have been restored, so far as
these expenses are increased by the opening or breaking up of the street or
road.
Maintenance of Sidings.
13. The company shall, at their own expense, maintain and repair a'l
sidings on which any railway shall be laid, but nothing in this section shall be
deemed to compel the company to maintain any branch railway made by the
owners or occupiers of any lands adjoining the railway under the provisions of
Section 76 of the Railways Clauses Consolidation Act, 1845, but any such
branch railway shall be maintained (unless otherwise agreed) at the expense of
the person making the same.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." m;
Level Crossings.
14. The company shall construct, to the satisfaction of the county surveyor
the level crossings shown on the deposited plans and sections, subject neverthe¬
less to such alterations in the oriatinal plans and sections as may be prescribed
by the Board of Trade (Railway Department).
Right as to Roads.
15. The company shall not be deemed to acquire any right other tlian that of
user only in the soil of any street or high road across which they may lay any
railway.
Additional Powers as to Crossings and Works.
16. The company may, sultject to the provisions of this Order, from time to
time make all such crossings, passing places, sidings, junctions, and other works,
in addition to those particularly mentioned in the deposited plans and sections,
as may from time to time be necessary or convenient for the efficient working
of the said railway, or for provulina accc ss to any stables, carriage-liouses,
engine-houses, warehouses, or works ol the companv.
TulL.
1/. The company shall be entitled to demand and take such tolls and charges
as shall not exceed the maximum tolls ami rates of charges which are specified
in the Schedule to the Tramways (Ireland) Act, 1860, or any amendment
thereof, or as may be hereafter sanctioned by the Board of Trade.
List of Tolls.
18. A list of the tolls and charges authorised to he taken shall be exhibited
in a conspicuous place at each station of the said railway.
Power to Contract.
19. The company on the one baud, and the several authorities, bo lies, or
persons owning, or having respectively tiie control or management of any streets,
roads, or bridges, railways or tramways, acro.ss which the railway is inteo'led to
be laid, on the other hand, may enter into and fulfil contracts and agreements
with respect to the alteration of the width or levels of any such streets, r ¡ads or
bridges, railways or tramways, the laying down, maintaining, renewing, r. pair¬
ing, working or using of the said railway, and the rails, plates, sleepers ami works
connected therewith, and for facilitating the passage of traffic over and along
the same ; and the company and such other bodies shall have ail necessary
powers with respect to any such matters as aforesaid.
Description of Carriages.
20. The company may use on the said railway, carriages with flange wheels;
and, subject to the provisions of this Order, the company shall have the exclusive
use and control of the said railway.
Form of Rail.
21. The form of the rail shall be similar to what is now used and laid on the
Great Southern and Western Railway of Ireland.
Roof Loading.
22. No passenger or goods shall be carried on the roof of any carriage, except
with the permission of the Board of Tiade, and subject to any conditions whicdi
they may impose.
Motive Power.
23. The carriages used on the said railway may, subject to the provisions of
this Order, be moved by locomotive engines, steam, electricity^ or any mechanical
or other power. The exercise of the powers hereby conferred with respect to
^7- ^ the
148 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
tlie use of steam, electricity, or any mechanical or other power, shall be subject
to any regulations which may be prescribed by^ any order which the Board of
Trade mav, and which they are hereby empowered to make Irorn time to time,
as and when they may think fit, for securing to the public all reasonable protection
against danger in the exercise of the powers of this Order conferred witii respect
to tlu' use of steam, electricity, or any mechanical or other power, on the said
railway.
Fences and Walls.
24. Before the railway shall be opened for traffic the company shall erect and
complete all such new fences, railings and walls, and strengthen, improve,and alter
all such existing fences, railings or walls as may be necessary to make the rail-
wa\ safe for the use of the public, and shall thereafter maintain and keep the
same in good order, repair, and condition ; and the compati}' shall be subjeitt to
the obligations impo.-ed upon railway companies with respect to works for the
accommodation of lands adjoining the railway, as provided by the Railways
Clauses Consolidation Act, 1845, incorporated herewith.
Costs of Order.
25. The costs, charges, a':d expenses of obtaining this Order,-including the
expenses of the grand jury in relation thereto, shall be paid by the Promoting
Company.
Keeping of Accounts and Audit.
26. The company shall keep full, true, and distinct hooks ofaccounts pursuant
to the provisions of the Transfer of Railways (Ireland) A't, 1890, and they may
be inspected and the amounts shall be audited as prescribed in the same Act.
Treasury Agreement.
27- The Agreement made between the Lords Commissioners of Her Majesty's
Treasury of the first part, the Commissioners of Public Works in Ireland of the
second part, the Company of the third part, and the Promoting Company of the
fourth part, dated the 15th day of December 1890, which is set out in the
Second Sche dule to tiiis Order annexed, is hereby confirmed.
Provisions for securing the Completion and Maintenance of the Railway.
28. The company shall complete the undertaking within the time limited by
this Ordi r, and shall at all times efficiently work the undertaking, and shall at all
times maintain and keep in good condition and repair the rails of which the
railway fur the time being consists, and the sub-structure upon which the same
ri St.
Inquiry as to default of Comgletion, Working, or Maintenance.
29. In any case in which it is represented in writing to the Board of Trade
by the grand jury or by tw enty ratepayers of any barony, or part of barony,
which is or w hich may become liable to any payments on account of any baronial
guarantee given in respect of the railway, or h\ the county surveyor o^' the said
couniy, that the company have made any default in the completion, working, or
maintaining of the line, the Board of 'i rade may, if they think fit, direcc an
inquiry by an officer to be appointed by the said Board, such inquiry tobe con¬
ducted in such manner as the Board of Trade may order, and if the Board of
Trade certify that the default mentioned in such representation has been proved
to the satisfaction of the said board, the company shall make good such default in
the manner and within the time specified in such certificate.
Committee of Management.
30. if at any time the Board of Trade report to the Lord Lieutenant that
the company have failed to comply with a certificate of the Board of Trade,
issued by the Board under thi< Order, the Loi d Lieutenant may direct the
grand jury to appoint a committee of management to m-anage and work and
maintain the undertaking.
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 149
Transfer of the Undertaking to the Grand Jury.
31. If ¡'t any time the said baronies have been called upon to pay and have
paid am money for completing the undertaking, or have been called upon to
pay and have continued to pay during a period of two years any money for
maintaining oi' woiking the undertaking, t! en the undertaking and all the
property of the company connected wiih it shall become the property of the
grand jury, subject to any liabilities atri cting such undertaking or property, and
tiie Lord Lieutenant may thereupon order that the grand jury shall appoint a
committee (T management for the ])urposes of the undertaking.
Constitution and I'otvers of Committee of Management.
32. Every committee of management appointed under either of ihe last two
sections of the Order shall be constituted in such manner and shall have such
powers with reference to the undertaking as the Lord Lieutenant may order.
The grand jury shall from time to time present in advance or otheiwise such
sums as the committee so appointed may estimate or report to be necessary for
the purposes for which tiie committee has heen apjrointed, to be levied off the
said baronies in the same, proportion as their guarantee for dividends. The
members of the committee shall be paid by the grand jury out of mone\s to be
levied oH the same baronies such reasonable remuneration as the Lord Lieu¬
tenant may by general or special order prescrilie.
The committee of management shall apply the sums ^o presented in such
manner as the Order of the Lord Lieutenant may prescribe. Pending tl e giving
of the direction to appoint a committee of management, the Lord Lieutenant
may direct the county surveyor to do all such matters and things as a committee
of management might do if appointed during such period as the Lord Lieutenant
may direct.
Grand Jury included in Definition of Promoters.
33. If at any time the railway becomes the properly of the grand jury, or
comes to be managed by a committee of management appointed in accordance
with this Order, the |irovisions of this Order shall, so far as they are applicable,
apply to the grand jury of the said county as if such grand jury were the pro¬
moters within the meaning of this Order.
Arbitration.
34. If any difference shall arise between the company, on the one hand, and
any corporation, county surveyor, or other tmdy or person 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 company in relation to the
railway and works, or in relation to any proceedings or work of such corporate
body or county surveyor or other person or with respect to the amount of any
compensation to be made by or to the company, or on tlie question whether any
work is or ought reasonably to satisfy such corporate body, county surveyor, or
other person concerned, or with respect to any other subject or thing, the
matter in difference may be settled by a referee nominated by the Bo.rd of
Trade on the application of either party, and the expense and costs of such
reference shall be borne and paid as the referee shall direct.
Application ofiPost Ofice {Parcels) Act, 1882.
35. The Post. Office (Parcels) Act, 1882, shall apply to the Railway.
Provision for Protection of the Postmaster General in the event of the Railway
being wo7'ked by Electricity.
36. In the event of the said railway being worked by electricity, the
follovsing provisions shall have effect :—
(1.) The company shall construct their electric lines and other works
of all descriptions, and shall work their undertaking in all respects with
due regard to the telegraphic lines from time to time used or intended to
be used by Her Majesty's Postmaster General, and the currents in such
67. T 3 telegraphic
150 COPIES OF ORDERS IN COUNCIL, AND AGHEEMENTS
telegraphic lines, and shall use every reasonable means in the construction
of tiieir electric lines and other works of" all descriptions, and the working
of their undertaking to prevent injurious afifection, whether by induction or
otherwUe, to such telegraphic lines, or the currents therein. If any
question arises as to whether the company have constructed their electric
lines or other works, or work their undertaking in contravention of" this
sub-section, such question shall be determined by arbitration, and the
company shall be bound to make any alterations in or additions to their
system vhich may be directed by the arbitrator.
(2.)--(o.) Before any electric line is laid down or any act or work for
working che said railway by electricity is done within 10 yards of any part
of a telegiaphic line of the Postmaster General other than repairs or the
laying ot lines crossing the line of the Postmaster General at right angles-
at tlie point of shorrest distance and so continuing for a dista'ice of six
feet on each side of such point, tlie company or their agents, not more
than 28 nor less than 14 davs before commencing the work, shall give
wi itten notice to the Po-tmaster General specifying the course of the line
and lite nature of the work, includ ng the gauge of any wire, and the
C( mpany and their agents shall conform "with such reasonable requirements
(either general or special) as may from time to time be made by the Post¬
master General for the purpose of preventing any telegraphic line of the
Postmaster General from being injuriously affected by the said act or
work.
(b.) Any difference whii h arises between the Postmaster General and
the company or their agents with respect to any requirements so made
shall be determined by arbitration.
(3.) in the event of any contravention of or wilful non-compliance with
this section by the company or their agents, t'le company shall be liable
to a fine not exceeding 10 I. for every day during wliieh such contravention
or non-comj)liance continues; or if the telegraphic communication is
wilfully interrupted, not exceeding 50 I. for every day on which such inter¬
ruption continues,
(4.) Provided that nothing in this section shall subject the company or
their agtuts to a fine under this section, if they satisfy the Court having
cognisance of the case that the immediate doing of the act or execution of
theu orkwas required to a^oid an accident, or otherwise was a work of
emergency, and that they forthwith served on the postmaster or sub post¬
master of the postal telegraph office nearest to the place where the actor
work was done a notice of tiie execution therciif, stating the reason for
doing or executing the same without previous notice.
(5.) For the purposes of this section a telegraphic line of the Postmaster
General shall be deemed to be injuriously affected i)y an act or work if
telegraphic communication by means of sucii line is, whether through
induction or otherwise, in anv manner affected by such act or work, or by
any iis" made of such work.
(6.) For the purposes of this section, and subject as therein ju-ovided,
Sections 2, 8, 9, 10, 11, and 12 of the Telegraph Act, 1878, shall he
deemed to he incorporated with this Order as if the company were under¬
takers within the meaning of those sections without prejudice nevertheless
to any operation which the other sections of the said Act would have had
il this se. tion had not been enacted, and, in particular, nothing in this
section shall be deemed to exclude the provisions of Section 7 of the
Telegrapli Act, 1878, in relation to the matters mentioned in that section.
(7-) ffie expression '* electric line " has the same meaning in this section
as in the Electric Lighting Act, 1882.
(8.) .4ny question or difference arising under this section whicli is
directed to he determined by arbitration shall be determined by an arbi-
traror appointed by the Board of Trade ou the application of either party,
whose decidon shall be final, and Sections 30 to 32, both inclusive, of the
Regulation of llailways Act, 1868, shall apply iu like manner as if the
company or theii' agents were a company within the meaning of that
Act.
(9.) Nothing
MADE UNDER '-THE RIGHT RAILWAYS (IRELAND) ACT, 1889." 151
(9.) Nothing in tliis section contained shall be held to deprive the Post¬
master General of any exi.sting right to proceed against the company by
indictment, action, or otherwise in relation to any of the matters afore¬
said.
Copy of Map, Plan, and Book of Reference to be lodged with Board of Trade.
37- Within one calendar month from the date of this Order the Promoters
shall lodge with the Board of Trade one copy of the map and plans describing
the railway, together with one cony of the book of reference.
Incorporation of A cts.
■ 38. The Lands Clauses Acts; the Railway Clauses Consolidatiim Act, 1845;
the Clearing Act (Ireland), I860; the Railway Clauses Act, 1863; the Compa¬
nies Clauses Acts, 1845 and 1863; the Regulaiion of Railways Act, 1868; the
Board of Trade Arbitration Act, 18/4, shall, subject to the provisions of the
Tramways (Ireland) Acts, be incorporated with this Order, except where the
same are expressly varied by this Order. Tlie jtrovisions of the said Acts
directing deposits to be made with the Clerks of the Peace (except the provisions
relative to access to the special Act) and with Clerks of Poor Law Unions and
Postmasters, and the provisions with respect to the use of locomotive engines or
other moving power, not being animal power, are hereby exce|)ted out of the
incorporation hereinbefore made.
Interpretation.
39. In this Order ilie several words, terms, and expressions, to which mean¬
ings are assigned by the Tramways (Ireland - Acts and the Railways (Ireland)
Acts, have the same meanings respectively assigned to them bv the said Acts.
Provided that in this Order the expression " the Rdlway " and " the Under¬
taking " shall mean respecti vely the Light Railw-iy or Railway and works and
the undertaking authorised by this Order. Provided also that in this Order
the term " the Tram\\ ays (Ireland Acts" means the '''iMmways (Ireland) Act,
1860; the Tramways (Ireland) Amendment Act, 1861; the Act 34 & 35
Vict. c. 114 ; the Act 39 & 40 Vic. c. 65; and 45 & 46 Vict. c. 17 ; the 46 &
47 Vict. c. 43 ; the Tramways (Ireland) Amendment Act, 1881 ; and the Tram¬
ways and Public Companies (Ireland) Act, 1883; the Light Railways (Ireland)
Act, 1889; the Railways (Ireland) Act, 1890; and the Tiansfer of Railways
(Ireland) Act, 1890; and for the purposes of this Order the expressions " the
Special Act," " the Undertaking " the Railway," and "the Company" respec¬
tively in any of the Acts incorporated herewith shall have the meanings
respectively assigneil to them by Section 20 of llie Tramways Hfcland) Act,
1860.
Short Title.
40. This Order may be cited for all purposes as the " Headford and Keninare
Railway Order, 1891."
Given at the (nuncil Chambers, Dublin Caslle,the 17th day of February
1891.
Ashbourne, C. Hedges Eyre Chatterton.
Drogheda. Ion T. hamdton.
Belmore. Wm. B. Forde.
IVolseley. West Ridgeway.
Morris. W. Hume- Dick.
FIRST SCHEDULE referred to in the foregoing Order.
Part I.
Presentment by the Grand Jury of the County of Kerry.
6 & 7 Vfill. IV. c. 116.
The Tramways (Ireland) Acts, 1860—1881 ; the Tramways and Public
Companies ( Ireland) Act, 1883.
i5i COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
COUNTY OF KERRY.
Spring Assizes, 1890.
Wliereas application is intended to be made to-the Lord Lieutenant in
Council, by tbe Kenrnare anil Ileadford Light Railway or Tramway Company,
Limited, hereinafter called the Companv, for an Order autliorizing the Company
to make and maintain a Light Railway in the county of Kerry, commencing at
a point in the townland of Kenmare, parish of Kenmare, in a field known as
the back demesne, said point being distant 74 lineal yards or thereabouts from
the western pier of entrance gate to said field from the old Killarney-road,
mea-ured in a south-westerly direction, and "2 lineal yaids or thereabouts from
the centre of the bridge carrying the private jiath leading to Lansdowne Lodge
over stream adjoining said field, measured m a norih-easlerly direction, and
1/4 lineal yards or thereabouts from the centre of the bridge carrying the old
Killarney pnblic-road ovei' said stream, measured in an easterly direction and
tei ruinating by a junction with the Great Southern and Western Railway, in
the townland of (mois, parish of Aghadoe, at a point in the centre of the rails
thereof, said point being distant 54 lineal yards or thereabouts from the western
end of the level crossing house next to the Headfort Station on the Killarney
side, measured in a westerly direction, which said line of railsvay is hereinafter
called the Undertaking.
A.nd whereas the company duly made application to us, the grand jury of
the county of Kerry, at this present Assizes, to approve of the undertaking, and
also under the provisions of the Tramways and Public Companies (Ireland)
Act, 188.9, proposed to us that portion of the baronies of Magunihy, Glane-
rough, and Dunkerron South, should guarantee dividends upon 69,000 L, so
much portion of the share capital of the company as should he paid-up capital,
as defined h\ the said Tramways and Public Companies (Ireland) Act, 1883, at
the rate of 4 /. per centum per annum.
And whereas we, the Grand Jury of the said county of Kerry, having
before us —
1. The copy of the advertisement published by the company.
2. The published map to a scale of not less than a quarter of an inch
to a mile with the line of the proposed Light Railway delineated thereon,
so as to show its general course and direction ; and
3. A I dan, book of reference, and section prepared according to the
regulations contained in Sdiedule A to the Tramways (Ireland) Act, 1860,
which was deposited with the secretary of the grand jury.
4. A memorial of the promoters, duly signed, addressed to the Lord
Lieutenant in I ouncil, praying for an (Jrder in Council authorising the
making of the said Light Railway, with a draft of the proposed Order
scheduled to the memorial.
5. An estimate of the expense of the undertaking signed by the persons
who made the same.
6. Lists of ihe owners and others to whom the promoters have given
the notii e reijuired by the third section of the Tramways (Ireland) Act,
1860, prepared according to the regulations contained in Schedule A to
said Act.
7- The report of the Board of Works on the said undertaking, and the
re|)ort of the county surveyor of the Southern Division of the countv of
Kerry on the said undertaking, and being satisfied that the coin|)any have
complied with the requirements of the se veral Acts relating to tramways
in Ireland, and having considered the merits of the undertaking, and the
.said proposal of the promoters, and the said several documents, and
having heard ihe evidence offered by the promoters, and having heard all
persons interested who appeared before the grand jury and desired to he
heard, and having before us the recommendation of the Board of Works
to the Treasury that the said undertaking should be aided out of public
money under the provisions of the Light Railways (Ireland) Act, 1889,
that
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 153
that the authorised capital should he I 10,000 made up of 50,000 /. free
grant, and 60,000/. of share capital to be raised by grand/jury present-
u.ent, guaranteeing tlie payment of dividends theron in perpetuity.
We do hereby approve of tbe said undertaking, and of tlie proposed Order
in Council, subject to any alteration or modification (if any), vviiich may be
made therein by the Lord Lieutenant in Council, and we do heieby, in
pursuance of the [tower and authority to tis in that behalf given by Section L,
Sub-scction 2, of Chapter 43, of the 46 & 47 Victoria, entitled the Tramways
and Public Companies (Ireland) Act, 1883, present, order, and direct that the
portions of barony of Glanerought, in the said county of Kerry, and of the
barony of South Dunkerron, in tbe said county, save and except that portion
of the parish of Killcrobann, in said baronv, which is situate in the union of
Caherciveen, and that part of the barony of Mauunihy, in said county, which
consists of the parish of Killaha, in the said barony, all which are set out in
the Schedules hereto, shall, by way of guarantee, be charged and chargeable
with the pa\ment to the company of a dividend equal to 4 /. per cent, per
annum, payable half-yearly, in perpetuity, upon 60,030 /. or on such other sum,
not exceeding tiiat amount, as sliall be limited by the Lord Lieutenant in
Council, pursuant to said A( t, such dividends to be from time to time payable
on so much of the share capital of the company as shall for the time being be
paid up capital as defined by said Act, and the said portions of baron)^ of
Glanerought, and the said portion of the barony of Magnnihy, and the said
portion of tbe barony of Dunkerron South, exce])t the sai<Í portion of the
parish of Kilcrohann, as aforesaid, shall be chargeable with dividends at the
rate and in manner aforesaid, provided that the proportions of liability which
the said baronies shall respectively in any half-year be bound to contribute in
respect of such guarantee and charge shall be as follows ;—
That part of the barony of Magunihy, consisting of the parish of Killaha,
set out in the First Schedule hereto, with dividend or interest at the rate
aforesaid on 4,000/., part of the said sum of 60,000 /. so guaranteed ; those
portions of the baronies of Glanerought and Dunkermn South, set out in the
Second Schedule hereto, with such dividend or interest at the rate aforesaid on
40,500 /., other ;)art of said sum of 60,000 /. so guaranteed ; and those portions
of the baronies of Glanerought and Dnnkeiron South, set out in the Third
Schedule hereto, with dividend or interest at the rate aforesaid on 15,500/.,
residue of said sum of 60,000 /. so guaranteed, and so in proportion, in case
that portion of the share capital of the saiil company on wnich a dividend is
hereby guaranteed shall by the Lord Lieutenant in Council be limited at a
lesser sum than tbe said sum of 60,000 /. And we further present that tin;
said portions of said baronies of Magunihy, Glanerought, and Dunkerron South
shall become and be chai-geable under the circumstances specified in such
last-mentioned Act with the ptiyment from time to time in the foregoing-
proportion of such sum as may be required for com|)ieiing, working, or
maintaining the undertaking, provided that the said baronies of Glanerought,
and Dunkirion South, ana Magunihy, shall each be represented in the
direction and supervision of the affairs of the company, so far as relates to
the said undertaking in manner following (that is to say): —
That the Presentment Sessions for the said baronies, respectively, which shall
be held previous to the Summer Assizes, in each year, may each elect some one
person hereinafter called baron directors, to be directors of the company, and
such baronial directors shall hold office for the period of one year. And it shall
not be nece.-sary that such baronial directors shall posses^ the qualifications (if
any)required for directors of the company.
The first election of baronial directors for said baronies respectively shall
take place at the first Presentment Sessions for sai ! baronies respectively as
shall be held after the date of the Order in Council confirming this present¬
ment.
If any baronial director, after his appointment and before ihe expiration of
his term of office shall die or resign, or become disqualified or incompetent to
act as such director, or shall cease to be a director from any other cause, any
ordinary Presentment Sessions for the barony may elect in his place another
person to be a baronial director, and the person so to be elected 10 fill any such
vacancy shall continue in office as a baronial director so long only as the ))erson in
67. U whose
1,54 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
whose place he ^.hall have been elected would have been entitled so to continue if
such vHcanc}' had not occurred, and that the Presentment Sessions for each of the
said baronies sliaH be entitled at the Presentment Sessions to be held in and for
the said baronies previous to the Summer Assizes in each year to appoint some
one person to audit the accounts uF the said company. And the; auditors so
appointed shall be entitletl to inspect the books and accounts of the said company
in each year, and shall report thereon to the Presentment Sessions to be held in
and for the said baronies respective!v, previous to the Spring and Summer
Assizes in each year, and a copy of which report shall be laid before the grand
jury of the county of Kerry, at the assizes next, following on said respective
Presentment Sessions.
Provided always that this presentment is made and granted subject to and
upon the temis and conditions following (that is to say;:—-That the Treasury
shall sanction and make a free grant under the provisions of the Light Railways
(Ireland) Act, 1889, of a sum of .50,000?. in aid of the undertaking hereby
approved of, and that a working agreement with the Great Southern and
Western Railway Company be niaile which shall be approved of by the Lord
Lieutenant in Council, in default of which grant or the making and approval
as aforesaid of such working agreement, this presentment and every claim and
provision therein contained, shall be null and void.
(t. R. Browne, Foreman.
SCHEDULE No. 1.
The parish of Killaha, situate in the barony of IMagunihy, and county of
Keriy.
SCHEDULE No. 2.
The parishes of Ken mare, Kilgur\ an, ;ind Kilcaskin, and that ])art of the
parish of Tuosist. containing the following townlands, Ballynafullia, Carks,
Coolanaroo, Cummeen, Dawros, Derreenacallaha, Derreengarrarisliagh, Den yuid,
Derryvorahig, Diombane, Drornroe, Feoramore, Feorus East, Feorus West,
Gort ick,:, Inchicloon. Killaha East, Killaha West. Lohart, Muckera, all situate
in the barony of Glanerought, and county of Korry, and ;dso the parish of
Teniplenoe, in the barony of Dunkerron South, and county of Kerry.
SCHEDULE Ao. 3.
All that part of the parish of Tuosi-r, in the barony of Glanerought, except
the towlands mentioned in the Se<-()nd .Schedule to this presentment, and that
portion of the parish of Kilcrohane, in the barony of South Dunkerron, whicli
is situated in the union of Kenmare, and in the county of Kerrv.
G. R. Browne, Foreman.
SECOND SCllEDl LE referred to in the foregoinw Order.
I HE AGREKEENT WITH THE TREASURY AND THE BOKRI) OF WQRKS.
Agreement made the loth day of December 1890, between the Honourable
Sidney Herbert, m.p., and Sir Herbert Eustace Maxwell, Bart., m.p., two of the
Lords Commissioners of Her Majesty's Ti easury, hereafter called the Treasury
(which expression shall include ti.i; .-urvivor of them, and the executors, admi¬
nistrator-^, and assigns of such survivor where the context so requires or admits),
ol the first part. Lieutenant General Richard HieiMiii Sankey, r.e., C.B.,
William Richard Le Fanu, Estp, and Samuel Usslter Roberts, Esq.,c.B.,tiie Com¬
missioners of Public, W;)iks in Ireland (hereinafter called the Board of Works,
which expression shall include the survivors and survivor of them, and the
excctttors, administrators, and assigns of such survivor where the, context so
requires or admitsj. of the second part, the Great Southern and Western
Railway Comjiany (hereinafter called the railwa\' company), of the third part,
and the Kenmare and Hcadford Light Railway and Tramway Company, Limited,
of the fourth part :
Whereas the Kenmare and Headlbrd Light Railway and Tram way Company,
Limited (hereinafter called the promoters), are ])romoters of the Light Under¬
taking
MADE UNDER ''THE LIGHT RAILWAYS (IRELAND) ACT, 1889." i
taking known as the Kenraare and Headford Light Raihvav, the particulars
whereof are spi-cified in the Schedule to the Grand Jury Pre-entinent hereinafter
mentioned, whicli railway is hereinafter referred to sometimes as the under¬
taking.
Am! whereas in pursuance of the provisions "f the Lia-ht Hailwavs (Ireland)
Act, 1889, hereinafter called tlie Act of 1889, the Lord Lieutenant by ttrdei' in
Council has declared that it is desirable i bat a Light Kailvvay should be c onstructed
between (amongst cAher places) Headfbrd and Kenmare, both in the county of
Kerry, for the development oí fisheries and other industries, but that owing to
the circumstances of the district, special assistance from the State is required for
its construction, and further declared that the provisions of the Act of 1889
should apply to such Light Ridlway.
And whereas by a presentment made by the Grand ,lury of tlie county of
Keriy at the Spring Assizes, held in and fur tlie said county of Kerry, in the
year 1890, after reciting amongst other things that an application was intended
to be made to the Lord Lieutenant in Council by the promoters lor tin Order
authorising the ])romoters to make and maintain the Light Railway therein
mentioned, tlie Grand Jury of the said county did approve of the said under¬
taking, and of tiie proposed Order iu Council, subject to any alteration or
modification Of any) which might be made therein by the Lord Lieutenant in
Council, and did in pursuance of the power and authority to them in that
behalf given by Section I. Sub section 2 of Chapter 43 of the 4Gth & d/th
Vict., entitled the ''Tramways and Public Companies (Ireland) Act, 1883,"
present, ordet, and direct that, the portions sp cified in tiie said presentment of
the baronies therein mentioned should be charged and chargeable with the
payment to the promoters of a dividend equal to 4/. per cent, per annum,
payable half-yearly in perpetuity upon GO,000 /. or such other sum not exceeding
that amount as should be limited by the Lord Lieutenant in Council pursuant
to the said Act, which sum is hei'einafter referred to as t!.e Guaranteed Capitcd.
And whereas the Report of the Board of Works made upon the inquiry
directed by the 9iii Section ot the Tramways (Ireland) Act, 1860, as altered by
the 7th Section of the Act of 1889, approved of the undertaking as set forth
and presented for in the presentmcm.
And whereas the Treasury in pursuance of the Act of 1889 have agieed to
sanction the undertaking, and to idd the same out ol monies to be provided by
Parliament, either with a free grant of a capital sum not exceeding .áO.OOO I. oi'
in the allernative at the oiitiou of the Treasury by an annual payment of
1,.500 /., equivalent to three pounds ¡ler cent, on such capital sum redeemable
on jiayment bv the Treasury to the c;om|)any of the capitalised value of such
annual" payment calcula ed at the rate of 33'3 years' purcha-e, or partly m one
way ami partly in the other, and suhject in any case to the observance of the
terms and conditions as to tlie construction, maintenance, execution, and
working the undertaking, and as to the other matters relating thereto herein¬
after appearing ;
And whereas in pursuance of the Transfer of ILdlways (Ireland) .\ct, 1890,
tiie promoter,-have agreed with tue railway company for the transfer to them
of the undertaking :
Now these pi'esents witness that in c.xercise of the statutory power:^ in the
Act of 1889, and every other power enabling them in that behalf, it is hereby
rnuiually agreed and declared between the parties to these presents as follows
(tiiat is to say ) :—
Sanction of Undertakiny.
I. The Treasury hereby s mciion the undertaking as approved by the Board
of Works.
Poner to comtruct Raltwuy other than Liyht liailivay.
II. The Treasury iu exercise of the power in the Am of 1890 enabling them,
hi'i-eby consent thai it .shall be lawful to construct, maintain, ami work under
this Agreement a Railway other than a Light Railway.
Transfer of the Undertakiny.
HI. The promoters in exercise of the powers in the I ransfer of Railwa}'s
(Ireland) Act, 1890, enabling them, lierehy agree to assign and transfer to the,
Railway Company the uudertiiking and all statutory and other powers now
vested in the promoters in respect thereof.
67. u 2
156 COPIES OF ORDERS IN COUNCIL, AND AGREEMENTS
Construction of Undertaking.
IV. The railway company shall construct and complete the undertaking',
including the permanent way, and all stations, works, and conveniences in
connection therewith within the time limited by the Order of the Lord
Lieutenant in Council, and in accordance w ith the deposited plans a .d sections
as modified by the working plans, si cnons, and specifications herein mentioned,
and subject to such further modifications as may from time to time be sanctioned
by the Board of Woiks, and the railway company shall in case the Parlia¬
mentary Grant, together with the guaranteed capital, be insufficient to fully
and properly construct and finish the propo-ed railway, contribute to the cost
of the consiruction of the iinderiaking such a sum of money as shall be
sufficient to construct the same, and the}' shall construct the undertaking in
such a manner as shall be suitable for the existing rolling stock of the railway
company, and so as to enable the railway to be worked as an integral part of
the Great Southern and Western Railway Uompany system for ever.
Order in Council.
V. The promoters shall forthwith obtain an Order of the Lord Lieutenant in
Council (hereinafter called the Order) confiriTung this Agreement.
Application of Advances, S^c.
VO. Uj)on obtaining the Order, the railway company, hereinafter called the
Constructors, shall jtroeeed to construct, the undertaking, and apjily the monies
to be provided by the Treasury, hereinafter called the Parliamentary Grant, to
and for the pur]:oses in the manner and proportions and subject to the approval
and conditions hereinafter mentioned, that is to say—
1. The Treasury will advance to the constructors as the works proceed,
such sums out of the Parliamentary Grant as the Board of Works certify
for.
2. The Board of Works shall at the retjuest of the constructors from
time to time certifv the value of the work done.
3. Such advances shall be in sums of not less than 5,000 C at a time,
and before being entitled to payment of the last advance to be made out
of the Parliamentary^ Grant, the constructors shall complete and finish the
undertaking to the satisfaction of the Board of Works, and open the same
for traffic.
t. When the Treasuiy ha\e advanced 20,000/., the constructors shal^
expend 20,000/. out of the guaranteed capital, and upon the expenditure
of the said sum of 20,000/. being duly vouched and certified for by the
Board of Woiks, the d'lea-ury will advance to the constructors a further
sum of 15,000 /., and after or concurrently with the expenditure of the
said sum ol 15,000 /., the (constructors shall expend a further sum of
15,000/. of the guaranteed capital for the purposes of the undertaking,
and upon same being certified for as aforesaid, the Treasury will advance
the balance of the Parliamentary Grant alternately with the vouched ex¬
penditure by the constructors of an equal sum out of the guaranteed
capital, save as hereinbefore provided as regards the last Treasury instal¬
ment.
Alternative G/um.st.
\ 11. In case the Treasury shall so desire, and shall signify such desire in
writing to the constructors, the pro\ isions as legards the Parliamentary Grant
hereinbelore contained, shall cea-e to be ajtplicable to the aid hereby agreed to
be afforded to the constructors, and the last preceding clause of this Agreement
shall thereupon l)e deemed to be cancelled, and in substitution therefor, the
following provisions shall a|)ply :—
1. The Treasury will pay to the constructors, or their attorney lawfully
authorised, an annual sum hereinafter referred to as the interim annuity equiv¬
alent to 3 /. per cent, on the amount of money from time to rime due by the
constructors to the on loot of advances agreed to be made by the said
bank to the constructors on the security of tiie said annual sum, wdiich advances
are
MADE UNDER "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." .57
are hereinafter referred to as the banker's advances, and after the undertaking
has been completed and opened for traffic, will pay to the constructors an annual
sum equivalent to 3 I. per cent, on the total amount of the banker's advances,
hereinafter called the annuity in aid.
The payment of the annuity in aid and the interim annuity shall be snbject
to the following conditions ;—
1st. The banker's advances shall have been pi'eviously applied for the
purposes of the undertaking, and such expenditure certified for by the
Board of Works.
2nd. The Hoard of Works shall, at the request of the constructors, from
time to time as the works proceeds, certify the value of the work done.
3rd. The bankei-'s advances shall be in amounts of 5,000 (. at least, and
the said 3 /. per cent, shall be payable in respect of each advance froni the
date of payment thereof by tl:c bank to the constructors with this qualifi¬
cation, that the annual sum of 150 L, the ñnal portion of the annuity in
aid, shall not be payable or begin to accrue until the undertaking has
been completed and finished to the satisfaction of the Board of Works and
opened for traffic.
4th. The annuity in aid, and the interim annuity, shall be payable on
the 5lh of April and 5th of October in every year.
5th. After the banker's advances shall have reached 20,000 I., the con¬
structors shall expend 20,000 /. at least of the guaranteed capital on the
purposes of the undertaking, such interim expenditure to be certified as
aforesaid, and so on in the proportions jmovided as regards the capital sum.
Mixed Aid.
VIH. The aid hereby agreed to he afforded to the constructors may, in case
the Treasury so desire, be partly by way of grant, and partly by way of an
annual payment, calculated at the rate of 3 I. per cent, on such portion of the
said sum of 50,000 L, as the Treasury do not tlesire to advance to the construc¬
tors by way of capital advances. And in such case the provisions hereinbefore
contained with respect to the Parliamentary Grant shall vmtntis mutandis apply
to the capital advances to the constructors, and the provisions with respect to
the interim annuity, and the annuity in aid shall mutatis mutandis apply to the
annual payment under tliis clause.
Redemption of Annuity.
IX. In case the Treasury shall on or at any time after the 5th of April 1892'
be desirous of redeeming any annu il sura payable under this .Agreement, or any
part thereof, not being less than 150 /. a year, and shall give to tiie construc¬
tors, on the 5th of April 1892, or any succeeding 5th April, twelve calendar
months' notice in writing of such desire, then and in such case the constructors
will upon the expiration of the said twelve months, on receiving from the Trea¬
sury full pavinent of such annual sum or part to be redeemed, and all arrears
up to and including the day of redemption, and on receiving from the Treasury
payment of the capitalised value of such annual sum or part to be redeemed,
calculated at ihe rate of 33'3 years' ])urchase, in lull discharge and satisfaction
of the same, release the Treasury from all further payment of tlie same, which
shall thereupon cease and determine. Any such redemption as aforesaid may,
with the consent of the directors for the time being of the constructors' com¬
pany, be made with less than twelve months' notice or without notice, or be
made of a less sum than 150 f. a year.
Conditions of Expenditure.
X. The expenditute of all monies by the constructors for the purposes of the
undertaking shall be subject to the following conditions :—
(1,) The money shall be applied for the purposes of the undertaking in
a manner approved of by the Board of Works.
(2.) The expenditure of all money shall be vouched to the satisfaction of
the Board of Works.
67. n 3 (3). The
1,58 COPIES OF ORDERS I\ COUNCIL, AND AGREEMENTS
(3.) The apixiintment of a land valuer shall be subject to the approval of
fiie Board of Works.
{4.) The Boiird of M'orks, with the sanction of theTreasury, mav appoint
an engineer to inspect and report from time to time on the works, herein-
al'ter called the inspecting engineer.
Working Plans and Specifications.
Xi. If I he. Board of Works so desire the v\ orking plans, sections, and specifica¬
tions for tiie line of railway and bridge s, the design and specificaiion tor all station
buildings, and any material modifications of the works hereinafter mentioned,
which line of railway, bridges, and station buildings are herein referi-ed to as
the works, shall from time to time, when jn-eoared by the constructing' engineer,
be lodged with and sui mitted to the Board of Woi ks for their approval.
¡^ravisions for Working and Maintenance.
Nil. On and for ever after the opening of the undertaking foi- traffic, the
I'ailwav comjtany shall work, manage, and maintain the Undertaking in an
efficient and subsiantiai manner, and collect, convey, and conduct the traffic
thereon. And shall provide all such locomotive power, engines, carriages,
trucks, and other rolling >tock, plans, stores, materials, and labour as shall be
proper and sufficient for the working and use of the undertaking.
The Lross amount of tiie tolls, fares, rates, and charges arising from the
undertaking, shall be applied as follows :—
1st. In payment of the co-t and working and maintaining the under¬
taking.
2nd. In payment of a dividend at the rate of 4 /. per cent, per annum
on the guaranteed capital.
3rd. In paving any money, which in any previous half-year shall have
lieen contributed by the guaranteeing baronies, in puisuance of their
guarantee under the provisions of the Tramways (Ireland) Acts.
4th. The surplus, if any, shall belong to the railway company.
The railway comjiany shall kec]) full, true, and distinct hooks of account,
showing the r< ceipts of the undertaking from every S'UUT.e and its expenditure,
and thev shall kee]) and ])rescrve all receij)ts and other documents necessary for
vouching the same, and shall at all reasonable tirne^ produce the said books,
receijits, and dncuments lor the inspection of the arbitrators appointed pur¬
suant to Section G of the Tiamwiiys and Public Companies (Ireland) Act, 1883,
and any auditm's who may from time to time be appointed under that Act or by
the Treasury.
Traffic Frovisioyis.
XIII. Th e railway com])any hereby covenants with the ! reasury that so so m
as the undertiiking is opened for traffic, they (the company) will for ever there¬
after tun at least two passenger trains each way, and at least one goods train
(if mixed trains are not allowed by the Board of Tiade) on week days between
Kenmare and lleadford, and in eonnecrion with tite trains on their own present
line.
(ionstrnction of Agreement.
XIV, The Treasury shall be sole judges of the construction of this Agreement,
and of all lnatter^ and things therein referi'ed to, save as regards the working
])lans, specifications, and design-, or the works to be executed under this Agree¬
ment, in which case should the company's engineer and the inspecting engineer
disagree, the matter in dispute shall be settled by an appeal to the Board of
Trade on the ajrplieation of either ])arty, and the deei-ions of the Board of Trade
ihereon shall be final.
Indonmfg, Treasury and Board of H orks.
Xothing herein contained shall charge, affict, or encumber the real or
persotial estate of the pardes hereto, of the first and second parts, they having
execiiterl these ]>resent.s only in their respective capacities ot Lords Commis¬
sioners
¿R "THE LIGHT RAILWAYS (IRELAND) ACT, 1889." 159
Her Majesty's Treasury and Commissioners of Public Works in
ind. having no personal interest therein. And this Agreement shall be
..g on the railway company only if, and so far, as the railway company now
jY hereafter, shall be by law authorised and empowered to carry out the
ae.
In witness whereof the parties hereto, of the first and second parts, have
spectively set their hands, and affixed their seals, and the Great Southern and
e stern Railway Company, and the Kenmare and Head ford Light Railway or
Tramway Company (Limited^ liave hereunto respectively affixed their common
seals the dav and vear first herein written.
Signed, sealed; and delivered by
Sidney Herbert, being one of :
the Lords Commissioners of
Her Majest\'s Treasury, in .
the presence of
Michael H. Hechert,
Wilton House, Salisbury.
Signed, sealed, and delivered by '
Herbert Eustace Maxwell,
being one of the Lords Com¬
missioners of Her Majesty's
Treasury, in presence of
A Johnstone Douglas, !
Comlongan Castle,
Ruthwell, N. B.
Signed, sealed, and delivered by
Richard liieram Sankey, '
William Richard Le Fanu,
and Samuel Ussher Roberts, >
in the presence of
IF. il/. Lane,
Solictor, Office of Public Works, '
Dublin.
Sid>iei/ Herbert. (Seal,)
Herbert Eustace Maxwell. (Seal.)
Richard H Sankey.
D. R. Le Fanu.
S. U. Roberts.
(Seal.)
(Seal.)
(Seal.)
The Common Seal of the Great 1
Southern and Western Rail-
wav Companv was affixed 1
hereto in |)resence of |
Eras. B. Ormsby, j
Sec., G.S.W.R. j
The Common Seal of the Ken¬
mare and Headford Light
Railway or Tramway Com¬
pany (Limited), was affixed
hereto in presence oí
Augustine M. Keogii,
Law Department, Office of Public
Works, Dublin.
f
J. Eownsend Trench,
Chairman of the Company.
R. Mark MHlure,
Secretary of the Company.
67.
v 4
i6o COPIES:-" THE LIGHT RAILWAYS (IRELAND) A
THIRD SCHEDULE referred to in the foregoing Order.
Description of Railway.
A Light Railway in the county of Kerry, commencing at a point in the tow
land of Kenmare, parish of Kenmare, in a field known as the back demesr
said point being distant 74 lineal yards, or thereabouts, from the western pi
of entrance gate to said field from the old Killarney road, measured in a south
westerly direction, and 72 lineal yards, or thereabouts, from the centre of the
bridge carrying the private path leading to Lansdowne Lodge over stream
adjoining said field, measured in a north-easterly direction, and 174 lineal yards,
or thereabouts, from the centre of the bridge carrying the old Killarney public
road over said stream, measured in an easterly direction, and terminating by a
junction with the Great Southern and Western Railway, in the townland of
Cools, parish of Aghadoe, at a point in the centre of "the rails thereof, said
point being distant 54 lineal yards, or thereabouts, from the western end of the
level crossing house next to the Headford Station on the Killarney side, measured
in a westerly direction.
Light Railways (Ireland)
Act, 1889.
' m
Ordered, by The House of Comraous, to he Printed,
2 February 8gi.
Ill I II
1
II III II
Hi
3 555
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