Railways Clauses Consolidation Act 1845

59 Proceedings on application to justices to consent to level crossings of bridleways and footways. E+W+N.I.

When the company shall intend to apply for the consent of two justices, as herein-before provided, so as to authorize them to carry the railway across any highway other than a public carriage road on the level, they shall, [F1 at least 14 days before the application is intended to be made], cause notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or, if there be no such church, some other place to which notices are usually affixed; and if it appear to [F2 any two or more justices [F3 acting in the local justice area] in which such highway at the proposed crossing thereof is situate] [F2 a court of summary jurisdiction] F4 ... after such notice as aforesaid, that the railway can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for [F5 such justices] [F5 that court] to consent that the same may be so carried accordingly.

Textual Amendments

F1 Words in s. 59 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(a); S.I. 2005/910, art. 3(y)

F2 Words in s. 59 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 10(4)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F3 Words in s. 59 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(b); S.I. 2005/910, art. 3(y)

F4 Words in s. 59 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 23(c), Sch. 10; S.I. 2005/910, art. 3(y)

F5 Words in s. 59 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 10(4)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)