Railways Clauses Consolidation Act 1845

1. Introductory Text

2. 1. Operation of this Act confined to future railways.

3. Interpretations in this Act

   1. And with respect to the construction of this Act and...

   2. 2. “Special Act:”

   3. 3. Interpretations in this and the special Act:

   4. 4. Short title of the Act.

   5. 5. Interpretations in this Act

4. Construction of railway

   1. And with respect to the construction of the railway and...

   2. 6. The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.

   3. 7. Errors and omissions in plans to be corrected.

   4. 8. Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.

   5. 9. Clerks of the peace, &c. to receive plans of alterations, and allow inspection.

   6. 10. Copies of plans, &c. to be evidence.

   7. 11. Limiting deviation from datum line described on sections, &c.

   8. 12. Public notice to be given previous to making greater deviations.

   9. 13. Arches, tunnels, &c. to be made as marked on deposited plans.

   10. 14. Limiting deviations from gradients, curves, &c.

   11. 15. Lateral deviations.

   12. 16. Works to be executed.

   13. 17. Works below high-water mark not to be executed without the consent of the lords of the admiralty.

   14. 18. Alteration of water and gas pipes, &c.

   15. 19. Company not to disturb pipes until they have laid down others.

   16. 20. Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.

   17. 21. Company to make good all damage.

   18. 22. When railway crosses pipes, company to make a culvert.

   19. 23. Penalty for obstructing supply of gas or water.

   20. 24. Penalty for obstructing construction of railway.

   21. 25—29. Construction of railway

5. Temporary use of lands

   1. And with respect to the temporary occupation of lands near...

   2. 30. Company may occupy temporarily private roads within five hundred yards of the railway.

   3. 31. Power to owners and occupiers of road and land to object that other roads should be taken.

   4. 32. Power to take temporary possession of land without previous payment of price.

   5. 33. Company to give notice previous to such temporary possession.

   6. 34. Service of notices on owners and occupiers of lands.

   7. 35. Power to owner to object that other lands ought to be taken.

   8. 36. Power to two justices to order that the lands and materials shall not be taken.

   9. 37. Power to justices to order other lands to be taken.

   10. 38. Power to the justices to summon other owners before them.

   11. 39. The company to give sureties, if required.

   12. 40. Company to separate the lands before using them.

   13. 41. Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.

   14. 42. Owners of lands may compel company to purchase lands so temporarily occupied.

   15. 43. Compensation to be made for temporary occupation.

   16. 44. Compensation to be ascertained and applied under the Lands Clauses Act.

   17. 45. Temporary use of lands

6. Crossing of roads and construction of bridges

   1. And with respect to the crossing of roads, or other...

   2. 46. Crossing of roads.

   3. 47. Provision in cases where roads are crossed on a level.

   4. 48. As to crossing of turnpike roads adjoining stations.

   5. 49. Construction of bridges over roads.

   6. 50. Construction of bridges over railway.

   7. 51. The width of the bridges need not exceed the width of the existing road in certain cases.

   8. 52. Existing inclinations of roads crossed or diverted need not be improved.

   9. 53. Before roads interfered with, others to be substituted.

   10. 54. Penalty for not substituting a road.

   11. 55. Party suffering damage from interruption of road to recover in an action on the case.

   12. 56. Period for restoration of roads interfered with.

   13. 57. Penalty for failing to restore road.

   14. 58. Company to repair roads used by them.

   15. 59. Proceedings on application to justices to consent to level crossings of bridleways and footways.

   16. 60. Appeal against the determination of the justices.

   17. 61. Company to make sufficient approaches and fences to bridleways and footways crossing on the level.

   18. 62. Justices to have power to order approaches and fences to be made to highways crossing on the level.

   19. 63, 64. Crossing of roads and construction of bridges

7. Construction of bridges

   1. 65. Justices to have power to order repair of bridges, &c.

   2. 66. Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act is impossible or inconvenient.

   3. 67. Authentication of certificates of the Board of Trade, service of notices, &c.

8. Works for protection and accommodation of lands

   1. And with respect to works for the accommodation of lands...

   2. 68. Gates, bridges, &c.

   3. 69. Differences as to accommodation works to be settled by justices.

   4. 70. Execution of works by owners on default by the company.

   5. 71. Power to owners of land to make additional accommodation works.

   6. 72. Such works to be constructed under the superintendence of the company’s engineer.

   7. 73. Accommodation works not to be required after five years.

   8. 74. Owners to be allowed to cross the railway until accommodation works are made.

   9. 75. Penalty on persons omitting to fasten gates.

   10. 76. Works for protection and accommodation of lands

9. Working of mines

   1. And with respect to mines lying under or near the...

   2. 77. Company not to be entitled to minerals, unless expressly purchased.

   3. 78. Conditions under which minerals under railway may be worked.

   4. 78A. Compensation for leaving minerals unworked.

   5. 79. Power to work minerals not affected by a counter-notice.

   6. 79A. Liability in respect of authorised workings.

   7. 79B. Notices and accounts with respect to damage.

   8. 80. Rights of access through specified minerals.

   9. 81. Additional expenses for severance.

   10. 82. Compensation to surface owners.

   11. 83. Rights of inspection.

   12. 84. Penalty for refusal to allow inspection.

   13. 85. Protection against improper working.

   14. 85A. Power to vary rights by agreement.

   15. 85B. Savings.

   16. 85C. Serving of notices, counter-notices, &c.

   17. 85D. Interpretation.

   18. 85E. Exemption from liability to leave support otherwise than under Act or agreement.

10. Working of Mines [Editorial note: ss. 77-85 as originally enacted follow]

    1. And with respect to mines lying under or near the...

    2. 77. Company not to be entitled to minerals.

    3. 78. Mines lying near the railway not to be worked if the company willing to purchase them.

    4. 79. If company unwilling to purchase, owner may work the mines.

    5. 80. Mining communications.

    6. 81. Company to make compensation for injury done to mines;

    7. 82. and also for any airway or other work made necessary by the railway.

    8. 83. Power to company to enter and inspect the working of mines.

    9. 84. Penalty for refusal to inspect.

    10. 85. If mines improperly worked, the company may require means to be adopted for the safety of the railway.

11. Passengers and goods on railways

    1. And with respect to the carrying of passengers and goods...

    2. 86. Company to employ locomotive power, carriages, &c.

    3. 87. Company empowered to contract with other companies.

    4. 88. Contracts not to affect persons not parties thereto.

    5. 89. Passengers and goods on railways

    6. 90. Passengers and goods on railways

    7. 91—93. Passengers and goods on railways

    8. 94. Milestones.

    9. 95. †Tolls to be taken only whilst boards exhibited and milestones set up. Penalty for defacing, etc. milestones.

    10. 96. Passengers and goods on railways

    11. 97. In default of payment of tolls, goods, &c. may be detained and sold.

    12. 98—102. Passengers and goods on railways

    13. 103. Penalty on passengers practising frauds on the company.

    14. 104. Detention of offenders.

    15. 105. Penalty for bringing dangerous goods on railway.

    16. 106—107. Passengers and goods on railways

12. 108—111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Leasing of railway

    1. And with respect to leasing the railway, be it enacted...

    2. 112. Exercise of power to lease the railway.

    3. 113. Powers vested in the company may be exercised by the lessees.

14. Carriages and engines

    1. 114. Carriages and engines

    2. 115. Engines to be approved by the company, and certificate of approval given.

    3. 116. Penalty for using improper engines.

    4. 117. Carriages to be constructed according to company’s regulations.

    5. 118. Regulations to apply also to company’s carriages.

    6. 119. Penalty for using improper carriages.

    7. 120. Owner’s name, &c. to be registered, and exhibited on carriages.

    8. 121. On non-compliance carriage may be removed.

    9. 122. Carriages improperly loaded, or suffered to obstruct the road, may be unloaded or removed.

    10. 123. Company not to be liable for damage by such unloading, &c.

    11. 124. Owners liable for damage done by their servants.

    12. 125. Carriages and engines

15. Arbitration

    1. And with respect to the settlement of disputes by arbitration,...

    2. 126—137. Arbitration

    3. 138. Service of notices upon company.

    4. 139. Arbitration

16. Recovery of damages and penalties

    1. And with respect to the recovery of damages not specially...

    2. 140. Provision for damages not otherwise provided for.

    3. 141. Recovery of damages and penalties

    4. 142. Method of proceeding before justices in questions of damages, &c.

    5. 143. Recovery of damages and penalties

    6. 144. Penalty for defacing boards used for such publication.

    7. 145. Penalties to be summarily recovered before two justices.

    8. 146, 147. Recovery of damages and penalties

    9. 148. Recovery of damages and penalties

    10. 149. Distress not unlawful for want of form.

    11. 150. Recovery of damages and penalties

    12. 151. Recovery of damages and penalties

    13. 152. Recovery of damages and penalties

    14. 153. Recovery of damages and penalties

    15. 154. Transient offenders.

    16. 155. Recovery of damages and penalties

    17. 156. Recovery of damages and penalties

    18. 157—159. Recovery of damages and penalties

    19. 160. Recovery of damages and penalties

    20. 161. Recovery of damages and penalties

17. Access to special Act

    1. And with respect to the provision to be made for...

    2. 162. Copies of special Act to be kept and deposited, and allowed to be inspected.

    3. 163. Penalty on company failing to keep or deposit such copies.

    4. 164. Act not to extend to Scotland.

    5. 165. Access to special Act

18. SCHEDULES

    1. FIRST SCHEDULE

       Percentage of Contribution

    2. SECOND SCHEDULE

       Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings.

       1. 1. The area shall extend laterally on each side of (but...

       2. 2. The area shall extend longitudinally for a distance co-extensive with...

    3. THIRD SCHEDULE

       Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company

       1. 1. The percentage shall be one hundred if the specified minerals...

       2. 2. If the specified minerals extend to one hundred and fifty...

       3. 3. If the specified minerals extend further from such boundary on...