5

10

15

20

25

30

Provisional Order.

so that a clear space of not less than eleven feet will A.D. 1927. intervene between the kerb on the southern side of Whitchurch Road and the nearest rail of the said

portions of tramway :

Provided that not less than one month before com-
mencing to construct otherwise than in the line shown
on the deposited plans either of the portions of tramway
referred to in this subsection so that at any place a less
space than nine feet six inches would intervene between
the nearest rail and the outside of the footpath on the
northern side of Whitchurch Road the Corporation
shall give notice in writing to every owner and occupier
of houses shops or warehouses abutting on both sides
of the said road at that place and if the owners or
occupiers of one-third of such houses shops or warehouses
by writing under their hands addressed and delivered
to the Corporation within three weeks after receiving
the notice from the Corporation express their objection.
thereto the said portions of tramway shall not except
with the consent of the Minister of Transport be so laid
but shall be laid in the line shown on the deposited plans
or in such other position in the road as may be approved
by the said Minister:

(3) The Promoters shall not construct so much of Tramway
No. 4 by this Order authorised as is situate in Cow-
bridge Road between Windway Road and the bridge
carrying the Great Western Railway over Cowbridge
Road unless or until they shall have increased the width
of the carriageway of Cowbridge Road between those
points to not less than twenty-five feet by setting back
the kerb or kerbs of the footpath or footpaths on one
side or both sides of the said portion of road.

7. The tramways shall be constructed on a gauge of four Gauge of feet eight and a half inches and the Promoters shall not run tramways. 35 thereon carriages or trucks adapted for use upon railways.

40

8. So much of section 34 of the Tramways Act 1870 as limits As to overthe distance by which any carriages used on any tramway may hang of extend beyond the outer edge of the wheels of such carriages carriages on shall not apply to carriages used on the tramways:

Provided that the Promoters shall not use on the tramways any car so constructed that the maximum overall width thereof exceeds seven feet and three inches or that the clearance between. any two such cars passing at any point on the tramways or between the sides of cars and the kerb or any standing work shall 45 be less than one foot and three inches.

the tram

ways.

A.D. 1927.

Separate track not to form part of carriageway.

Tramways to form part of tramway undertaking. Application of certain

provisions of

Acts of 1898 and 1920 and

Order of 1903.

Provisional Order.

9.-(1) Where any part of the tramways is shown on the deposited plans as intended to be constructed on a track separate from the carriageway the provisions of sections 25 and 62 of the Tramways Act 1870 shall not apply thereto except at places where such separate track is crossed by any way provided 5 pursuant to subsection (2) of this section.

(2) The Promoters shall at all times provide and maintain adequate ways across such separate track to the satisfaction of the Minister of Transport and with his approval may vary the position and number of such ways as they may deem expedient 10 or as may be required by him.

(3) Nothing in this section contained shall prejudice alter or affect any of the rights and powers of the Postmaster-General under the Telegraph Acts 1863 to 1926 and under section 57 (Use of tramway posts by Postmaster-General) of the Act of 15 1920 and each such separate track shall be deemed to be a

street" or public road" for the purposes of the said Acts and section respectively.

10. Subject to the provisions of this Order the tramways shall for all purposes form part of the Corporation tramways and of the tramway undertaking.

11. The following sections of the Act of 1898 and of the Order of 1903 and of the Act of 1920 shall extend and apply to the tramways and to the Promoters in respect thereof (that is to say) :

Section.

Act of 1898 :

Marginal Note.

Inspection by Board of Trade;

20

25

Tramways to be kept on level of surface of road;
Further provisions as to construction of tramways; 30

As to rails of tramways;

Penalty for not maintaining rails and roads;

Application of road materials excavated in

construction of works;

Apportionment of cost of constructing tramways 35

17

18

19

20

21

24

25

26

29

30

Passengers' luggage;

&c.;

Temporary tramway to be made where necessary;

Rates for passengers;

40

Provisional Order.

57 58

25

60

61

62

Use of tramway posts by Postmaster-General;
Power to alter position of tramways;

Power to use trailer and coupled carriages;
Attachment of brackets to buildings;

Use of Corporation tramways for carriage of
road materials :

Provided that in construing the said sections for the purposes 30 of such application

35

(a) References to the Minister of Transport shall be substi-
tuted for references to the Board of Trade;

(b) References to "the tramways" shall be construed as
references to the tramways authorised by this Order;
(c) References to "this Act" shall be construed as references
to this Order;

(d) References to "the Corporation
the Corporation" shall be construed as

references to the Promoters :

Provided also that the said section 18 of the Act of 1898 shall

40 not apply to any such part of the tramways as is referred to in

the section of this Order of which the marginal note is "Separate

A.D. 1927.

A.D. 1927.

For protection of the

Cardiff Gas
Light and

Coke Com

pany.

Provisional Order.

Provided also that subsection (b) (4) of section 16 (For protection of Postmaster-General) of the Order of 1903 shall be read and have effect as if the words "generated or used by or supplied to the Promoters enter any of the Promoters' works were inserted in that subsection in substitution for the words 5 generated for tramway purposes at any works of the Promoters "enter thereon."

66

12. For the protection of the Cardiff Gas Light and Coke
Company (in this section referred to as "the gas company ")
the following provisions shall unless otherwise agreed in writing 10
between the Promoters and the gas company apply and have
effect (that is to say) :-

(1) Any plans and sections relating to the making forming
or laying down of a tramway which the Promoters are
required when exercising the powers of section 30 of 15
the Tramways Act 1870 for the purposes of this Order
to submit to the gas company shall be submitted to the
gas company at least fourteen days before the com-
mencement of any works to which the said plans and
sections relate and shall be accompanied by a descrip- 20
tion of the proposed works and notice of the date on
which the Promoters propose to commence the same
and if the gas company give any notice under the said
section in relation to such proposed works the same
shall not be commenced except in case of emergency 25
until the requirements of the gas company have been
agreed or settled by arbitration as hereinafter provided
Whenever it shall be agreed or determined pursuant to
the said section that the execution of any such works
as aforesaid necessitates the lowering or alteration of 30
any apparatus (meaning and including all or any mains
pipes syphons tubes fittings or other apparatus) of the
gas company and the gas company before the Promoters
are entitled to commence any such work elect by notice
in writing to the Promoters so to do the gas company 35
may themselves execute the lowering or alteration of
such apparatus under the superintendence and to the
reasonable satisfaction of the engineer of the Promoters
and the amount reasonably expended by the gas com-
pany in so doing shall be repaid to them by the 40
Promoters but if for seven days after giving any such
notice the gas company do not proceed with due dili-
gence to execute any such lowering or alteration as
aforesaid the Promoters may forthwith execute the

same:

(2) The foregoing provisions of this section shall be in addition to and not in substitution for or derogation

45

5

10

Provisional Order.

from any other powers rights or privileges whether A.D. 1927.
statutory or otherwise of the gas company :

(3) Any dispute or difference which may arise between the
Promoters and the gas company or their engineers
touching any of the matters referred to in this section
or concerning any plans sections or descriptions to be
delivered to the gas company thereunder shall unless
otherwise agreed be determined by an engineer to be
appointed failing agreement on the application of either
party by the President of the Institution of Civil
Engineers and subject as aforesaid the provisions of
the Arbitration Act 1889 shall apply to any such
arbitration.

66

Western
Railway

13. For the protection of the Great Western Railway Cɔm- For protec15 pany in this section hereinafter referred to as the Great Western tion of Great Company ") the following provisions shall unless otherwise agreed between the Corporation and the Great Western Company apply Company. and have effect (that is to say) :

20

25

30

35

40

45

(1) Before commencing any works under the powers of this
Order affecting any of the Great Western Company's
railways or affecting any bridges over or under any of
the railways or the roadway under or on any such
bridge or over the immediate approaches to any such
bridge the Corporation shall submit plans sections and
all necessary particulars of such works to the Great
Western Company for their approval and if so approved
the said works shall be constructed and carried into
effect in conformity with plans sections and particulars
and under the superintendence and to the reasonable
satisfaction of the engineer to the Great Western
Company All such works shall thereafter be main-
tained and repaired by the Corporation under the like
superintendence and to the reasonable satisfaction of
the engineer to the Great Western Company and if and
whenever the Corporation fail so to do the Great
Western Company may make and do in and upon as
well the lands of the Corporation as their own lands
all such works as they may think reasonably necessary
in that behalf and the Corporation shall repay to the
Great Western Company the reasonable expenditure
incurred by them in so doing and in default thereof the
same may be recovered by the Great Western Company
from the Corporation The approval as aforesaid of
the Great Western Company shall not be unreasonably
withheld and it shall be deemed to have been given
unless the Great Western Company signify their
disapproval within twenty-eight days after submission