Accrington on Rails - The Tramways: A Complete History - Robert Kenyon

May At a meeting of the Watch Committee the Chief Constable was instructed to initiate proceedings against the Accrington Steam Tramway Company for breaches of the Bye-Laws and regulations, particularly with regard to overloading, and the emissions of sparks and smoke. The Town Clerk was authorised to give notice to the Company of these instructions. A letter was received from the Tramway Company declining to accept the proposal and plans submitted by the Borough Surveyor with regard to an alternative to the passing loop in front of the Market Hall. The Committee then discussed the possibility of moving this crossing to the centre of the road, so as to allow more space on the Dutton Street side of the Blackburn Road. But this motion was turned down. It was then resolved to leave these lines in the present position, whilst the Borough Surveyor would continue to oversee their repaving. A second letter was received from the Tramway Company, this time offering to contribute £60 per mile towards the cost of repaving the section of track in front of the Market Hall with wooden blocks. It was resolved that a deputation made up of the Borough Surveyor, Chairman, Vice-Chairman and three other councillors meet with the Tramway Company’s managers, in order to discuss various matters relating to the maintenance and repair of the tramway. A REPORT on the MAINTENANCE of the TRAMWAY by the Sub-Committee of the General Works Committee. This Sub-Committee was appointed on May 18 th last to meet with the Directors of the Accrington Steam Tramway Company, in order to discuss certain questions arising out of the bad state of the tramways, particularly the sections in front of the Town and Market Halls and along Whalley Road from the top of Peel Street to the north. A meeting did take place on May 28 th , when the Company’s Directors raised the question of the Corporation taking over the repair of all the tramways including lines, points, crossings and paving, this in consideration of an annual payment by the Tramway Company. Although your Sub-Committee was not authorised to negotiate or even discuss this proposal, it felt obliged to take note of and report upon it. To remind the Committee of the Corporation’s powers and the Tramway Company’s duties and liabilities with regard to the renewal, repair and maintenance of the tramway, here is a reminder of the Covenant made by the Tramway Company which is contained in their Lease. “The lessees shall, and will at all times during the continuance of this agreement, renew, repair, maintain and keep in good order and condition the tramways hereby defined, including all crossings, points, passing places, junctions and all other works which now are, or at any time hereafter be made with or in connection to other lines, along with so much of the road which lies between the lines and which extends to 18 inches on either side along with all other works, also that the uppermost part of the rails shall not be permitted to sink below the level of the roadway along which the rails are laid. That these stipulations should continue until the expiration of the Lease with the Corporation or its successors. That the Company will indemnify the Corporation against any incidents connected with the rails, plates, crossings and turnouts, which are in decay, disrepair or in a dangerous or defective condition, also that the Lessees will be responsible for all claims and demands arising from the condition of the tramway. However, if the Lessees fail in any of these duties, the Corporation, having given 14 days’ notice of their intentions, may undertake to do the necessary work of renewal, repairs and maintenance of any rails, crossings, passing places, junctions and all other works, and all the expenses incurred whilst carrying out these works, once certified by the Corporation’s Surveyor, will then be charged against the Lessees.” As to this covenant, the Sub-Committee wish to point out these three matters - 1. The Company is obliged to renew, as well as to repair and keep in good condition the tramway. 2. In the case of the Corporation having to carry out any work, the certificate by the Borough Surveyor as to the amount of expense to be charged is conclusive and unchallengeable. 3. The Lease provided that in the case of any disputes arising between the two sides on any of the issues raised or anything relating to the renewal, repair and maintenance of the tramway, shall be put in the hands of an arbitrator appointed by the Board of Trade on an application made by either party.

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