Tramways (Ireland) Act, 1860

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Provisions as to tramways in a city or town.

38. Where a proposed tramway lies wholly or partly in a city, borough, or town corporate, or other place or district in which the public roads are not under the control of the grand jury of the county within which such city, borough, town corporate, place, or district is locally situate, then and in every such case, for the purposes of this Act, the grand jury of the county of the city or county of the town, municipal corporation, town or other commissioners having the control of the public roads in such city, borough, town corporate, place, or district, or other body having such control, or, in case all such public roads are not under the control of any one such body, then each such body as to the public roads under its control, shall be in the place of the grand jury of the county, with all the like rights powers, and duties; and the secretary, town clerk, clerk, or other like officer of any such body shall be in the place of the secretary of the grand jury of a county, with all the like rights, powers, and duties; and (except as to the county of the City of Dublin which is herein-before provided for) meetings of each such body shall be held for the purposes of this Act at times as nearly as may be corresponding with the respective times of the summer and spring assizes for the county within which such city, borough, town corporate, place, or district is locally situate:

Provided always, that the power of any such body (including the municipal corporation of the City of Dublin) to approve or disapprove of any undertaking shall be subject to the following restrictions:

1. Such approval or disapproval shall have no effect unless it is determined on by a majority of not less than two-thirds of such members of the body as shall be present at a meeting of the body specially summoned by notice in writing, specifying the time and place and object of the meeting, delivered at the usual or last known place of abode of each member of the body seven clear days at least before the day of the meeting:

2. Any five members of the body dissenting from the approval of any undertaking may, within one month after such approval, appeal against the same to the Lord Lieutenant in Council; and on any such appeal being brought, such notice shall be given by advertisement or otherwise, and such persons shall be heard in support of and in opposition to the appeal, as shall be from time to time directed by general rules made in manner herein-after provided:

Provided also, that where in any such city, borough, town corporate, place, or district the public roads or any of them shall, by virtue of any special agreement or by usage or otherwise, be in fact under the control of a body not being the body in law having or entitled to have such control, then and in every such case, for the purposes of this Act, the body in fact having such control shall be deemed to be the body to which the present provision applies.