in respect of Lands situate in England; and shall mean the land: 6. The Expression "Surveyor," applied to a Road or Highway, Surveyor," shall, as to Railways in Ireland, include the County Sur- Ireland: veyor: The Expression "Overseers of the Poor," when applied to "Overseers of Ireland, shall include the Poor Law Guardians of the Elec- the Poor,” toral Division and the Clerk of the Guardians of the Union Ireland. through which such Railway may pass. IV. And be it enacted, That in citing this Act in other Acts of Short Title of Parliament, and in legal Instruments, it shall be sufficient to use the Act. the Expression "The Railways Clauses Consolidation Act, 1845." other Acts. V. And whereas it may be convenient, in some Cases, to incor- Form in which porate with Acts hereafter to be passed some Portion only of Portions of this the Provisions of this Act;' be it therefore enacted, That, for Act may be irthe Purpose of making any such Incorporation, it shall be sufficient corporated in in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incorporated (describing such Matter as it is described in this Act, in the Words introductory to the Enactment with respect to such Matter,) shall be incorporated with such Act, and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate. And with respect to the Construction of the Railway and the Works connected therewith, be it enacted as follows: Construction of Railway. Provisions of this Act and VI. In exercising the Power given to the Company by the The Construcspecial Act to construct the Railway, and to take Lands for that tion of the Purpose, the Company shall be subject to the Provisions and Railway to be Restrictions contained in this Act and in the said Lands Clauses subject to the Consolidation Act; and the Company shall make to the Owners and Occupiers of and all other Parties interested in any Lands the Lands taken or used for the Purposes of the Railway, or injuriously Clauses Conaffected by the Construction thereof, full Compensation for the solidation Act. Value of the Lands so taken or used, and for all Damage sustained by such Owners, Occupiers, and other Parties, by reason of the Exercise, as regards such Lands, of the Powers by this or the special Act, or any Act incorporated therewith, vested in the Company; and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be ascertained and determined in the Manner provided by the said Lands Clauses Consolidation Act for determining Questions of Compenvisions thereof; and all the Provisions of the said last-mentioned sation with regard to Lands purchased or taken under the Pro 8 & 9 VICT. Q Act Construction of Act shall be applicable to determining the Amount of any such Errors and Works not to be until Plans of all Alterations authorized by Parliament have been depo sited. VII. If any Omission, Mis-statement, or erroneous Description shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands described on the Plans or Books of Reference mentioned in the special Act, or in the Schedule to the special Act, it shall be lawful for the Company, after giving Ten Days Notice to the Owners of the Lands affected by such proposed Correction, to apply to Two Justices for the Correction thereof; and if it shall appear to such Justices that such Omission, Mis-statement, or erroneous Description arose from Mistake, they shall certify the same accordingly, and they shall in such Certificate state the Particulars of any such Omission, and in what respect any such Matter shall have been mis-stated or erroneously described; and such Certificate shall be deposited with the Clerks of the Peace of the several Counties in which the Lands affected thereby shall be situate, and shall also be deposited with the Parish Clerks of the several Parishes in England, and with the Postmasters of the Post Towns in or nearest to such Parishes in Ireland, in which the Lands affected thereby shall be situated and such Certificate shall be kept by such Clerks of the Peace Parish Clerks, and Postmasters respectively along with the other Documents to which they relate; and thereupon such Plan, Bo of Reference, or Schedule shall be deemed to be corrected accord ing to such Certificate; and it shall be lawful for the Company to make the Works in accordance with such Certificate. VIII. It shall not be lawful for the Company to proceed in the proceeded with Execution of the Railway unless they shall have previously to the Commencement of such Work deposited with the Clerks of the Peace of the several Counties in or through which the Railway is intended to pass a Plan and Section of all such Alterations from the original Plan and Section as shall have been approved of by Parliament, on the same Scale and containing the same Particulars as the original Plan and Section of the Railway, and shall also have deposited with the Clerks of the several Parishes in England, and the Postmasters of the Post Towns in or nearest to such Parishes in Ireland, in or through which such Alterations shall have been authorized to be made, Copies or Extracts of o from such Plans and Sections as shall relate to such Parishes respectively. Clerks of the IX. The said Clerks of the Peace, Parish Clerks, and Postmasters shall receive the said Plans and Sections of Alterations, receive Plans of and Copies and Extracts thereof respectively, and shall retain the Alterations, and allow Inspection. 7 W. 4. & 1 Vict. c. 83. same, as well as the said original Plans and Sections, and shall permit all Persons interested to inspect any of the Documents aforesaid, and to make Copies and Extracts of and from the same, in the like Manner, and upon the like Terms, and under the like Penalty for Default as is provided in the Case of the original Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. X. True be Evidence. X. True Copies of the said Plans and Books of Reference, or of Copies of any Alteration or Correction thereof, or Extract therefrom, cer- Plans, &c. to tified by any such Clerk of the Peace, which Certificate such Clerk of the Peace shall give to all Parties interested, when required, shall be received in all Courts of Justice and elsewhere as Evidence of the Contents thereof. any Limiting Deviation from Datum Line described on Sections, &c. XI. In making the Railway it shall not be lawful for the Company to deviate from the Levels of the Railway, as referred to the Common Datum Line described in the Section approved of by Parliament, and as marked on the same, to any Extent exceeding Place Five Feet, or, in passing through a Town, Village Street, or Land continuously built upon, Two Feet, without the Previous Consent in Writing of the Owners and Occupiers of the Land in which such Deviation is intended to be made; or in case any Street or public Highway shall be affected by such Deviation, then the same shall not be made without the like Consent of the Trustees or Commissioners having the Control of such Street or public Highway, or, if there be no such Trustees or Commisoners, without the like Consent of Two or more Justices of the Peace in Petty Sessions assembled for that Purpose, and acting for he District in which such Street or public Highway may be ituated, or without the like Consent of the Commissioners for any public Sewers, or the Proprietors of any Canal, Navigation, Gas Works, or Waterworks affected by such Deviation: Provided Proviso. always, that it shall be lawful for the Company to deviate from the said Levels to a further Extent without such Consent as aforesaid, by lowering solid Embankments or Viaducts, provided that the requisite Height of Headway as prescribed by Act of Parliament be left for Roads, Streets, or Canals passing under the same: Provided also, that Notice of every Petty Sessions to be holden Proviso. for the Purpose of obtaining such Consent of Two Justices as is herein-before required shall, Fourteen Days previous to the holding of such Petty Sessions, be given in some Newspaper circulating in the County, and also be affixed upon the Door of the Parish Church in which such Deviation or Alteration is intended to be made, or, if there be no Church, some other Place to which Notices are usually affixed. ปริ tions. XII. Before it shall be lawful for the Company to make any Public Notice greater Deviation from the Level than Five Feet, or, in any to be given preTown, Village, Street, or Land continuously built upon, Two Feet, vious to making bent on the Company to give Notice of such intended Deviation by after having obtained such Consent as aforesaid, it shall be incum- greater Deviapublic Advertisement, inserted Once at least in Two Newspapers, or Twice at least in One Newspaper, circulating in the District or Neighbourhood where such Deviation is intended to be made, Three Weeks at least before commencing to make such Deviation; . and it shall be lawful for the Owner of any Lands prejudicially Power to the affected thereby, at any Time before the Commencement of the Owners of admaking of such Deviation, to apply to the Board of Trade, after joining Lands giving Ten Days Notice to the Company, to decide whether, Board of Trade having regard to the Interests of such Applicants, such proposed against such Deviation is proper to be made; and it shall be lawful for the Deviations. Board of Trade, if they think fit, to decide such Question accordingly, and by their Certificate in Writing either to disallow the Q 2 making to appeal to the Construction of making of such Deviation or to authorize the making thereof Railway. either simply or with any such Modification as shall seem prope to the Board of Trade; and after any such Certificate shall hav been given by the Board of Trade it shall not be lawful for th Company to make such Deviation, except in conformity with suc Certificate. Arches, Tun nels, &c. to be made as marked on deposited Plans. Limiting Devi ations from Gradients, Curves, &c. Lateral Devi ations. . XIII. Where in any Place it is intended to carry the Railwa on an Arch or Arches or other Viaduct, as marked on the sai Plan or Section, the same shall be made accordingly; and wher a Tunnel is marked on the said Plan or Section as intended be made at any Place, the same shall be made according unless the Owners, Lessees, and Occupiers of the Land in whic such Tunnel is intended to be made shall consent that the samı shall not be so made. XIV. It shall not be lawful for the Company to deviate fro or alter the Gradients, Curves, Tunnels, or other engineerin Works described in the said Plan or Section, except within t following Limits, and under the following Conditions; (that i to say,) Subject to the above Provisions in regard to altering Level) shall be lawful for the Company to diminish the Inclinati or Gradients of the Railway to any Extent, and to increa the said Inclination or Gradients as follows; (that is to say in Gradients of an Inclination not exceeding One in a Hu dred, to any Extent not exceeding Ten Feet per Mile, or any further Extent which shall be certified by the Board Trade to be consistent with the public Safety, and not pr judicial to the public Interest; and in Gradients of or exceedi the Inclination of One in a Hundred, to any Extent n exceeding Three Feet per Mile, or to any further Exte which shall be so certified by the Board of Trade as aforesai It shall be lawful for the Company to diminish the Radius any Curve described in the said Plan to any Extent whici shall leave a Radius of not less than Half a Mile, further Extent authorized by such Certificate as aforesai from the Board of Trade: or to an It shall be lawful for the Company to make a Tunnel, E XV. It shall be lawful for the Company to deviate from th Line delineated on the Plans so deposited, provided that no su Deviation shall extend to a greater Distance than the Limits Deviation delineated upon the said Plans, nor to a greater Exter in passing through a Town, Village, or Lands continuously bui upon than Ten Yards, or elsewhere to a greater Extent than Or hundred Yards from the said Line, and that the Railway by mean of such Deviation be not made to extend into the Lands of a Person, whether Owner, Lessee, or Occupier, whose Name is mentioned in the Books of Reference, without the previous Consen in Writing of such Person, unless the Name of such Person sha have been omitted by Mistake, and the Fact that such Omission proceeded from Mistake shall have been certified in manne herein or in the special Act provided for in Cases of unintentional Errors in the said Books of Reference. XVI. Subject to the Provisions and Restrictions in this and the Works to be special Act, and any Act incorporated therewith, it shall be lawful executed. for the Company, for the Purpose of constructing the Railway, or the Accommodation Works connected therewith herein-after mentioned, to execute any of the following Works; (that is to say,) They may make or construct, in, upon, across, under, or over Inclined any Lands, or any Streets, Hills, Valleys, Roads, Railroads or Planes, &c. Tramroads, Rivers, Canals, Brooks, Streams, or other Waters, within the Lands described in the said Plans, or mentioned in the said Books of Reference or any Correction thereof, such temporary or permanent Inclined Planes, Tunnels, Embankments, Aqueducts, Bridges, Roads, Ways, Passages, Conduits, Drains, Piers, Arches, Cuttings, and Fences as they think proper: They may alter the Course of any Rivers not navigable, Brooks, Alteration of Streams, or Watercourses, and of any Branches of navigable Course of Rivers, such Branches not being themselves navigable, within Rivers, &c. such Lands, for the Purpose of constructing and maintaining Tunnels, Bridges, Passages, or other Works over or under the same, and divert or alter, as well temporarily as permanently, the Course of any such Rivers or Streams of Water, Roads, Streets, or Ways, or raise or sink the Level such Rivers or Streams, Roads, Streets, or Ways, in order the more conveniently to carry the same over or under or by the Side of the Railway, as they may think proper; of any They may make Drains or Conduits into, through, or under Drains, &c. any Lands adjoining the Railway, for the Purpose of con veying Water from or to the Railway; They may erect and construct such Houses, Warehouses, Offices, Warehouses, and other Buildings, Yards, Stations, Wharfs, Engines, &c. Machinery, Apparatus, and other Works and Conveniences as they think proper; They may from Time to Time alter, repair, or discontinue the Alterations and before-mentioned Works or any of them, and substitute others Repairs. in their Stead; and They may do all other Acts necessary for making, maintaining, General Power. Provided always, that in the Exercise of the Powers by this or Proviso as to the special Act granted the Company shall do as little Damage as Damages. Jean be, and shall make full Satisfaction in manner herein and in the special Act, and any Act incorporated therewith, provided, to all Parties interested, for all Damage by them sustained by reason of the Exercise of such Powers. the Shore of the Sea, or of any Creek, Bay, Arm of the Sea, or High-water XVII. It shall not be lawful for the Company to construct on Works below Mark not to be navigable River communicating therewith, where and so far up executed withthe same as the Tide flows and reflows, any Work, or to construct out the Consent any Railway or Bridge a navigable River, where and so far up the same as the Tide flows the Admiralty. across any Creek, Bay, Arm of the Sea, or of the Lords of Heirs and Successors, to be signified in Writing under the Hands and reflows, without the previous Consent of Her Majesty, Her of Two of the Commissioners of Her Majesty's Woods, Forests, Q 3 Land |