§ House in Committee (according to Order).
§ LORD SUDELEY moved, as an Amendment, to withdraw the name of the Woolwich and South-East London Tramway from the title of the Bill. He said that the Board of Trade had power, under the Tramways Act of 1870, to grant Provisional Orders, provided they 3 had the consent of the local and road authorities. When the matter was brought before them, it was alleged by the agents that the Woolwich Local Board were the only local authority, and their consent was produced. It afterwards—when the Bill was before the House—transpired that the Metropolitan Board of Works claimed to be the local authority under the clause of the Act. Under these circumstances the Board of Trade decided to have the question argued before them, and the decision they arrived at was that the consent of the Metropolitan Board was necessary. As the matter now stood, therefore, the Order was ultra vires, and the Board of Trade had no other course but to ask the House to allow this Order to be withdrawn.
§ Amendment moved, in the title of the Bill, page 1, leave out ("Woolwich and South-East London Tramways.")—(The Lord Sudeley.)
LORD BALFOURsaid, he maintained that there was no reason for imputing any fraudulent intentions to the promoters of the Bill. The Woolwich and South-East London Tramways were already in operation, and the Provisional Order in question only related to about 12 chains of a new line. The Company was advised that the Board of Works was not the local authority. It was, no doubt, a legal question whether or not the claim of the Metropolitan Board of Works was well founded; and it would be a hard case on the promoters to lose the benefit of all the expense which they had incurred in relation to the Bill.
§ LORD SUDELEYobserved, that on the 12th of February the Tramways Company received notice from the Metropolitan Board of Works stating that they considered themselves to be the local authority.
§ Amendment (by leave of the House) withdrawn.
§ House resumed; and to be again in Committee on Tuesday the 10th instant.