Railways Clauses Consolidation Act 1845

1. Introductory Text

2. Operation of this Act confined to future Railways.

3. Interpretations in this Act.

4. II. Interpretations in this Act.

5. III. Interpretations in this and the Special Act:

6. IV. Short Title of the Act.

7. V. Form in which Portions of this Act may be incorporated in other Acts.

8. Construction of Railway

   1. VI. The Construction of the Railway to be subject to the Provisions of this Act and the Lands Clauses Consolidation Act.

   2. VII. Errors and Omissions in Plans to be corrected.

   3. VIII. Works not to be proceeded with until Plans of all Alterations authorized by Parliament have been deposited.

   4. IX. Clerks of the Peace, &c. to receive Plans of Alterations, and allow Inspection.

   5. X. Copies of Plans, &c. to be Evidence.

   6. XI. Limiting Deviation from Datum Line described on Sections, &c. Proviso. Proviso.

   7. XII. Public Notice to be given previous to making greater Deviations. Power to the Owners of adjoining Lands to appeal to the Board of Trade against such Deviations.

   8. XIII. Arches, Tunnels, &c. to be made as marked on deposited Plans.

   9. XIV. Limiting Deviations from Gradients, Curves, &c.

   10. XV. Lateral Deviations.

   11. XVI. Works to be executed.

   12. Proviso as to Damages.

   13. XVII. Works below High-water Mark not to be executed without the Consent of the Lords of the Admiralty.

   14. XVIII. Alteration of Water and Gas Pipes, &c.

   15. XIX. Company not to disturb Pipes until they have laid down others.

   16. XX. Pipes not to be laid contrary to any Act, and 18 Inches Surface Road to be retained.

   17. XXI. Company to make good all Damage.

   18. XXII. When Railway crosses Pipes, Company to make a Culvert.

   19. XXIII. Penalty for obstructing Supply of Gas or Water.

   20. XXIV. Penalty for obstructing Construction of Railway.

9. Drainage of Lands

   1. XXV. The Company from Time to Time to submit to the Drainage Commissioners in Ireland Plans, &c. of the Portion of the Railway which they are about to execute.

   2. XXVI. Such Commissioners to investigate and report on the Works necessary for Drainage.

   3. XXVII. Summary Application to the Court of Chancery to enforce the Execution of such Works.

   4. XXVIII. Saving of the Powers of the Drainage Commissioners.

   5. XXIX. The Drainage Commissioners in Ireland to have Power to decide Questions as to the Execution of Works or to execute Works for carrying Watercourses across the Railway.

10. Temporary Use of Lands

    1. XXX. Company may occupy temporarily private Roads within Five hundred Yards of the Railway.

    2. XXXI. Power to Owners and Occupiers of Road and Land to object that other Roads should be taken.

    3. XXXII. Power to take temporary Possession of Land without previous Payment of Price.

    4. XXXIII. Company to give Notice previous to such temporary Possession.

    5. XXXIV. Service of Notices on Owners and Occupiers of Lands.

    6. XXXV. Power to Owner to object that other Lands ought to be taken.

    7. XXXVI. Power to Two Justices to order that the Lands and Materials shall not be taken.

    8. XXXVII. Power to Justices to order other Lands to be taken.

    9. XXXVIII. Power to the Justices to summon other Owners before them.

    10. XXXIX. The Company to give Sureties if required.

    11. XL. Company to separate the Lands before using them.

    12. XLI. Lands taken for getting Materials, &c. to be worked as the Surveyor of Owner may direct.

    13. XLII. Owners of Lands may compel Company to purchase Lands so temporarily occupied.

    14. XLIII. Compensation to be made for temporary Occupation.

    15. XLIV. Compensation to be ascertained under the Lands Clauses Act.

11. Lands for additional Stations

    1. XLV. Land to be taken for additional Stations, &c.

12. Crossing of Roads, and, Construction of Bridges

    1. XLVI. Crossing of Roads.

    2. XLVII. Provision in Cases where Roads are crossed on a Level.

    3. XLVIII. As to crossing of Turnpike Roads adjoining Stations.

    4. XLIX. Construction of Bridges over Roads.

    5. L. Construction of Bridges over Railway.

    6. LI. The Width of the Bridges need not exceed the Width of the Road in certain Cases.

    7. LII. Existing Inclinations of Roads crossed or diverted need not be improved.

    8. LIII. Before Roads interfered with others to be substituted.

    9. LIV. Penalty for not substituting a Road.

    10. LV. Party suffering Damage from Interruption of Road to recover in an Action on the Case.

    11. LVI. Period for Restoration of Roads interfered with.

    12. LVII. Penalty for failing to restore Road.

    13. LVIII. Company to repair Roads used by them.

    14. LIX. Proceedings on Application to Justices to consent to level Crossings of Bridleways and Footways.

    15. LX. Appeal against the Determination of the Justices.

    16. LXI. Company to make sufficient Approaches and Fences to Bridleways and Footways crossing on the Level.

    17. LXII. Justices to hare power to order Approaches and Fences to be made to Highways crossing on the Level.

13. Screens for Turnpike Roads

    1. LXIII. Screen for Roads to be made, if required by the Board of Trade.

    2. LXIV. Penalty for failing to construct.

14. Construction of Bridges

    1. LXV. Justices to have Power to order Repair of Bridges, &c.

    2. LXVI. 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. LXVII. Authentication of Certificates of the Board of Trade, Service of Notices, &c.

15. Works for Protection and Accommodation of Lands

    1. LXVIII. Gates, Bridges, &c.

    2. LXIX. Differences as to Accommodation Works to be settled by Justices.

    3. LXX. Execution of Works by Owners on default by the Company.

    4. LXXI. Power to Owners of Land to make additional Accommodation Works.

    5. LXXII. Such Works to be constructed under the Superintendence of the Company's Engineer.

    6. LXXIII. Accommodation Works not to be required after Five Years.

    7. LXXIV. Owners to be allowed to cross until Accommodation Works are made.

    8. LXXV. Penalty on Persons omitting to fasten Gates.

16. Branch Railways

    1. LXXVI. Power to Parties to make private Branch Railways communicating with the Railway.

17. Working of Mines

    1. LXXVII. Company not to be entitled to Minerals.

    2. LXXVIII. Mines lying near the Railway not to be worked if the Company willing to purchase them.

    3. LXXIX. If Company unwilling to purchase, Owner may work the Mines.

    4. LXXX. Mining Communications.

    5. LXXXI. Company to make Compensation for Injury done to Mines ;

    6. LXXXII. and also for any Airway or other Work made necessary by the Railway.

    7. LXXXIII. Power to Company to enter and inspect the working of Mines.

    8. LXXXIV. Penalty for Refusal to inspect.

    9. LXXXV. If Mines improperly worked, the Company may require Means to be adopted for the Safety of the Railway.

18. Passengers and Goods on Railway

    1. LXXXVI. Company to employ locomotive Power, Carriages, &c.

    2. LXXXVII. Company empowered to contract with other Companies.

    3. LXXXVIII. Contracts not to affect Persons not Parties thereto.

    4. LXXXIX. Company not to be liable to a greater Extent than Common Carriers.

    5. XC. Power to vary Tolls. Tolls to be charged equally under like Circumstances.

    6. XCI. How Tolls to be calculated where Railways amalgamated.

    7. XCII. Railway to be free on Payment of Tolls.

    8. XCIII. List of Tolls to be exhibited on a Board.

    9. XCIV. Milestones.

    10. XCV. Tolls to be taken only whilst Board exhibited and Milestones set up.

    11. XCVI. Tolls to be paid as directed by the Company.

    12. XCVII. In default of Payment of Tolls, Goods, &c. may tee detained and sold.

    13. XCVIII. Account of Lading, &c. to be given.

    14. XCIX. Penalty for not giving Account of Lading.

    15. C. Disputes as to Amount of Tolls chargeable.

    16. CI. Differences as to Weights, &c.

    17. CII. Toll Collector to be liable for wrongful Detention of Goods.

    18. CIII. Penalty on Passengers practising Frauds on the Company.

    19. CIV. Detention of Offenders.

    20. CV. Penalty for bringing dangerous Goods on the Railway.

    21. CVI. Delivery of Matters in Possession or Custody of Toll Collector at Removal.

    22. CVII. Annual Account to be made up, and a Copy transmitted to the Clerk of the Peace, &c.

19. Byelaws

    1. CVIII. Company to regulate the Use of the Railway.

    2. CIX. Power to make Regulations by Byelaws.

    3. CX. Publication of such Byelaws.

    4. CXI. Such Byelaws to be binding on all Parties.

20. Leasing of Railway

    1. CXII. Exercise of Power to lease the Railway.

    2. CXIII. Powers vested in the Company may be exercised by the Lessees.

21. Carriages and Engines

    1. CXIV. Engines to consume their Smoke.

    2. CXV. Engines to be approved by the Company, and Certificate of Approval given. Unfit Engines to be removed.

    3. CXVI. Penalty for using improper Engines.

    4. CXVII. Carriages to be constructed according to Company's Regulations.

    5. CXVIII. Regulations to apply also to Company's Carriages.

    6. CXIX. Penalty for using improper Carriages.

    7. CXX. Owner's Name, &c. to be registered, and exhibited on Carriages.

    8. CXXI. On Noncompliance Carriage may be removed.

    9. CXXII. Carriages improperly loaded, or suffered to obstruct the Road, may be unloaded or removed.

    10. CXXIII. Company not to be liable for Damage by such unloading, &c.

    11. CXXIV. Owners liable for Damage by their Servants.

    12. CXXV. Owners may recover from Servants.

22. Arbitration

    1. CXXVI. Appointment of Arbitrators when Questions are to be determined by Arbitration.

    2. CXXVII. Vacancy of Arbitrator to be supplied.

    3. CXXVIII. Appointment of Umpire.

    4. CXXIX. Board of Trade empowered to appoint an Umpire, on Neglect of the Arbitrators.

    5. CXXX. In case of Death of single Arbitrator the Matter to begin de novo.

    6. CXXXI. If either Arbitrator refuse to Act the other to proceed ex parte.

    7. CXXXII. If Arbitrators fail to make their Award within Twenty-one Days the Matter to go to the Umpire.

    8. CXXXIII. Power for Arbitrators to call for Books, &c.

    9. CXXXIV. Arbitrator and Umpire to make Declaration.

    10. CXXXV. Costs to be in the Discretion of the Arbitrators.

    11. CXXXVI. Submission to Arbitration may be made a Rule of Court.

    12. CXXXVII. The Award not to be set aside for Matter of Form.

    13. CXXXVIII. Service of Notices upon Company.

    14. CXXXIX. Tender of Amends.

23. Recovery of Damages and Penalties

    1. CXL. Provision for Damages not otherwise provided for.

    2. CXLI. Distress against the Treasurer.

    3. CXLII. Method of proceeding before Justices in Questions of Damages, &c.

    4. CXLIII. Publication of Penalties.

    5. CXLIV. Penalty for defacing Boards used for such Publication.

    6. CXLV. Penalties to be summarily recovered before Two Justices.

    7. CXLVI. Penalties to be levied by Distress.

    8. CXLVII. Imprisonment in default of Distress.

    9. CXLVIII. Distress how to be levied.

    10. CXLIX. Distress not unlawful for Want of Form.

    11. CL. Application of Penalties.

    12. CLI. Penalties to be sued for within Six Months.

    13. CLII. Damage to be made good in addition to Penalty.

    14. CLIII. Penalty on Witnesses making default.

    15. CLIV. Transient Offenders.

    16. CLV. Form of Conviction.

    17. CLVI. Proceedings not to be quashed for Want of Form, &c.

    18. CLVII. Parties allowed to appeal to Quarter Sessions on giving Security.

    19. CLVIII. Court to make such Order as they think reasonable.

    20. CLIX. Receiver of Metropolitan Police District to receive Penalties incurred within his District.

    21. CLX. Persons giving false Evidence liable to Penalties of Perjury.

    22. CLXI. Money paid into the Bank of Ireland to be exempt from Ushers Poundage.

24. Access to Special Act

    1. CLXII. Copies of Special Act to be kept and deposited, and allowed to be inspected.

    2. CLXIII. Penalty on Company failing to keep or deposit such Copies.

    3. CLXIV. Act not to extend to Scotland.

    4. CLXV. Act may be amended this Session.

25. 1. SCHEDULE referred to by the foregoing Act