and Northfleet Tramways (Amendment) Provisional Order. SCHEDULE. A.D. 1927. 5 10 GRAVESEND ROSHERVILLE AND NORTHFLEET. 1. This Order may be cited as the Gravesend Rosherville Short title. and Northfleet (Amendment) Order 1927. 2. Words and expressions to which by the Order of 1881 the InterpretaOrder of 1884 or the Order of 1899 or by any enactment incor- tion. porated with or applied to such Orders meanings are assigned 15 have in this Order (unless the context otherwise requires) the same respective meanings And in this Order 20 25 66 66 The Order of 1881 " means the Gravesend Rosherville and The Order of 1884 means the Gravesend Rosherville and "The Order of 1899 means the Gravesend Rosherville and 3.-(1) The Company may at any time within twelve months Power to after the date of this Order give notice or notices to the local abandon. and road authorities concerned that they intend to abandon the 30 tramways authorised by the Order of 1881 the Order of 1884 and the Order of 1899 or any of such tramways or any part thereof at the expiration of one month from the date of such notice. (2) At any time within six months from the expiration of any such notice the Company notwithstanding anything contained 35 in any Act or Order or in any agreement relating directly or indirectly to the Company or their undertaking may (a) discontinue the working of the said tramways or any A.D. 1927. and Northfleet Tramways (Amendment) Provisional Order. (b) subject to the provisions of subsection 6 of this section take up and remove the same and all rails paving setts posts wires standards brackets cables works apparatus and equipment forming part thereof or provided or used in connection therewith; and 5 (c) appropriate use sell or otherwise dispose of such rails paving setts posts wires standards brackets cables works apparatus and equipment or may exercise any of those powers: Provided that on the taking up by the Company of any rails 10 paving setts posts standards cables works apparatus or equipment the Company shall with all convenient speed fill in the ground and make good the surface and to the reasonable satisfaction of the road authority restore the portion of the road or footpath in which any part of the said tramways taken up was laid to as 15 good a condition as that in which it was before such part of the said tramways was laid thereon and clear away all surplus paving metalling or other material or rubbish occasioned by such work and they shall in the meantime cause the place where the road or footpath is opened or broken up to be fenced and watched 20 and to be properly lighted at night : Provided also that if the Company fail to comply with their obligations under the preceding proviso within one month after such taking up as aforesaid the road authority may at any time after the expiration of that period if they think fit themselves 25 open and break up the road or footpath and do the works necessary for the repair and maintenance or restoration of the road or footpath to the extent in this subsection above mentioned and the reasonable expense incurred by the road authority in so doing shall be repaid to them by the Company. 30 (3) At the expiration of the said period of six months all the powers obligations and liabilities of the Company in relation to the tramways or any part thereof described in any notice under subsection (1) of this section existing under or by virtue of any Act Order lease agreement or other instrument whatsoever shall 35 (subject to the provisions of this Order) cease and determine and (subject to the provisions of subsection (6) of this section) any rails paving setts posts wires standards brackets cables works apparatus or equipment of the Company relating to the tramways or parts of the tramways described in such notice not so taken 40 up and removed within the said period of six months shall on the expiration of the said period vest in the road authority for the road or footpath in or upon which the same shall remain Provided that where any such power obligation or liability relates partly to any abandoned tramway or part thereof and 45 partly to any tramway or part thereof not abandoned as afore and Northfleet Tramways (Amendment) Provisional Order. said such power obligation or liability shall cease and determine A.D. 1927. as respects the abandoned tramway or part only and for that purpose such apportionment of any financial obligation or liability and of any other obligation or liability capable of apportionment 5 shall be made as may be agreed upon between the Company and the party entitled to enforce such obligation or liability or as failing such agreement shall be determined by the Minister of Transport as hereinafter provided : Provided also that if the Company at any time before the 10 expiration of the said period of six months discontinue the working of the said tramways or any part thereof and take up and remove such tramways or any part thereof and the rails paving setts posts standards cables works apparatus and equipment forming part thereof laid or placed in any road or footpath 15 in which such tramways or part are or is situate the Company shall as from the date of such taking up and removal cease (subject to the provisions of this Order) to be under any obligation to maintain or keep in good condition or repair any part of such road or footpath. 20 25 (4) If any difference arises under this section between the Company and any local authority or road authority that difference shall (except as otherwise provided) be referred to and determined by the Minister of Transport whose decision thereon shall be final. (5) The Order of 1881 the Order of 1884 and the Order of 1899 shall be read and have effect as if any part of the said tramways taken up and removed under this section had not been authorised thereby. (6) If any local authority in whose district any part of the 30 said tramways described in any notice given under subsection (1) of this section is situate shall desire for the purpose of maintaining any overhead wires or cables or otherwise that any of the posts or standards situate within the district of such local authority shall not be removed by the Company and shall within 35 one month of the receipt of any such notice give notice in writing to the Company of such their desire the Company shall sell and the local authority shall purchase such posts or standards upon terms to be agreed between the local authority and the Company or failing agreement to be determined by arbitration under 40 section 33 of the Tramways Act 1870. (7) Provided that so far as the mains of the Metropolitan Water Board are concerned the exercise by the Company of any of the powers contained in subsection (2) (b) of this section shall be deemed to be within and shall be subject to the provisions of 45 section 30 of the Tramways Act 1870. A.D. 1927. For protec and Northfleet Tramways (Amendment) Provisional Order. 4. Nothing in this Order shall extend to or authorise any interference with any lines works or apparatus of the Kent tion of Kent Electric Power Company otherwise than in accordance with the provisions of section 15 of the Electric Lighting Act 1882. Electric Power Company. For protection of Northfleet and Greenhithe Gas Company Limited. Inquiries by Minister of Transport. Costs of 5. Nothing in this Order contained shall authorise any 5 alteration in the position of or other interference with any gas pipes belonging to the Northfleet and Greenhithe Gas Company Limited otherwise than in accordance with the provisions of section 30 of the Tramways Act 1870. 6. In respect of the determination by the Minister of 10 Transport of any matter referred to him under this Order the provisions of Part I. of the Board of Trade Arbitrations &c. Act 1874 shall apply as if the Minister of Transport were referred to in the said Act instead of the Board of Trade and as if in section 4 of the said Act the words "under the seal of the 15 Minister of Transport " were substituted for the words "by writing under the hand of the president or of one of the secretaries of the Board." 7. All costs charges and expenses of and incident to the preparing for obtaining and making of this Order or otherwise 20 in relation thereto shall be paid by the Company. |