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Railways Clauses Consolidation Act 1845
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- 1845 c. 20 (Regnal. 8_and_9_Vict)
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And with respect to the construction of this Act and...
And with respect to the construction of the railway and...
6. The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.
8. Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
9. Clerks of the peace, &c. to receive plans of alterations, and allow inspection.
11. Limiting deviation from datum line described on sections, &c.
12. Public notice to be given previous to making greater deviations.
13. Arches, tunnels, &c. to be made as marked on deposited plans.
17. Works below high-water mark not to be executed without the consent of the lords of the admiralty.
19. Company not to disturb pipes until they have laid down others.
20. Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.
And with respect to the temporary occupation of lands near...
30. Company may occupy temporarily private roads within five hundred yards of the railway.
31. Power to owners and occupiers of road and land to object that other roads should be taken.
32. Power to take temporary possession of land without previous payment of price.
33. Company to give notice previous to such temporary possession.
35. Power to owner to object that other lands ought to be taken.
36. Power to two justices to order that the lands and materials shall not be taken.
38. Power to the justices to summon other owners before them.
41. Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.
42. Owners of lands may compel company to purchase lands so temporarily occupied.
44. Compensation to be ascertained and applied under the Lands Clauses Act.
Crossing of roads and construction of bridges
And with respect to the crossing of roads, or other...
51. The width of the bridges need not exceed the width of the existing road in certain cases.
52. Existing inclinations of roads crossed or diverted need not be improved.
55. Party suffering damage from interruption of road to recover in an action on the case.
59. Proceedings on application to justices to consent to level crossings of bridleways and footways.
61. Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
62. Justices to have power to order approaches and fences to be made to highways crossing on the level.
Works for protection and accommodation of lands
And with respect to works for the accommodation of lands...
69. Differences as to accommodation works to be settled by justices.
71. Power to owners of land to make additional accommodation works.
72. Such works to be constructed under the superintendence of the company’s engineer.
73. Accommodation works not to be required after five years.
74. Owners to be allowed to cross the railway until accommodation works are made.
And with respect to mines lying under or near the...
77. Company not to be entitled to minerals, unless expressly purchased.
78. Conditions under which minerals under railway may be worked.
79. Power to work minerals not affected by a counter-notice.
85E. Exemption from liability to leave support otherwise than under Act or agreement.
Working of Mines [Editorial note: ss. 77-85 as originally enacted follow]
And with respect to mines lying under or near the...
78.Mines lying near the railway not to be worked if the company willing to purchase them.
79.If company unwilling to purchase, owner may work the mines.
82.and also for any airway or other work made necessary by the railway.
83.Power to company to enter and inspect the working of mines.
85.If mines improperly worked, the company may require means to be adopted for the safety of the railway.
Passengers and goods on railways
And with respect to the carrying of passengers and goods...
95.†Tolls to be taken only whilst boards exhibited and milestones set up. Penalty for defacing, etc. milestones.
97. In default of payment of tolls, goods, &c. may be detained and sold.
103. Penalty on passengers practising frauds on the company.
108—111.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And with respect to leasing the railway, be it enacted...
113. Powers vested in the company may be exercised by the lessees.
115. Engines to be approved by the company, and certificate of approval given.
117. Carriages to be constructed according to company’s regulations.
120. Owner’s name, &c. to be registered, and exhibited on carriages.
122. Carriages improperly loaded, or suffered to obstruct the road, may be unloaded or removed.
123. Company not to be liable for damage by such unloading, &c.
And with respect to the settlement of disputes by arbitration,...
Recovery of damages and penalties
And with respect to the recovery of damages not specially...
142. Method of proceeding before justices in questions of damages, &c.
145. Penalties to be summarily recovered before two justices.
And with respect to the provision to be made for...
162. Copies of special Act to be kept and deposited, and allowed to be inspected.
163. Penalty on company failing to keep or deposit such copies.
SCHEDULES
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