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Limitations of General Powers,

the said plan or section, except within the following limits and under the following conditions; (that is to say),

Subject to the above provisions in regard to altering

levels, it shall be lawful for the company to di-
minish the inclination or gradients of the railway to
any extent, and to increase the said inclination or
gradients as follows; (that is to say), in gradients of
an inclination not exceeding one in a hundred, to any
extent not exceeding ten feet per mile, or to any
further extent which shall be certified by the Board
of Trade to be consistent with the public safety, and
not prejudicial to the public interest; and in gradients
of or exceeding the inclination of one in a hundred,
to any extent not exceeding three feet per mile, or

further extent which shall be so certified by
the Board of Trade as aforesaid.
It shall be lawful for the company to diminish the

radius of any curve described in the said plans to
any extent which shall leave a radius of not less
than half a mile, or to any further extent authorised
by such certificate as aforesaid from the Board of

Trade.
It shall be lawful for the company to make a tunnel,

not marked on the said plan or section, instead of a
cutting, or a viaduct instead of a solid embankment,
if authorised by such certificate as aforesaid from the
Board of Trade. (Id., s. 14, post, App., 161).

to any

And with respect to the crossing of roads, or other inter- Crossing of roads, ferences therewith, it is enacted, “ that if the line of the railway cross any turnpike-road or public highway, then (except where otherwise provided by the spécial act) either such road shall be carried over the railway or the rail

Limitations of way shall be carried over such road, by means of a bridge (9),

of the height and width, and with the ascent or descent, by this or the special act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expense of the

company” (r). (Id., s. 46, post, App., 171). Construction of “And every bridge to be erected for the

purpose

of

carrybridges over

ing the railway over any road shall (except where otherwise provided by the special act) be built in conformity with the following regulations; (that is to say),

The width of the arch shall be such as to leave there

under a clear space of not less than thirty-five feet if the arch be over a turnpike-road (s), and of twentyfive feet if over a public carriage-road, and of twelve

feet if over a private road. The clear height of the arch from the surface of the

roads.

(8) This section also contains a proviso, that, with the consent of two or more justices in petty sessions, it shall be lawful for the company to carry the railway across any highway, other than a public carriage. road, on the level. When the company intend to apply to the justices for permission 80 to cross, public notice of the ap. plication must be given, (8 Vict.c. 20, s. 59, post, App., 175); if any party is aggrieved by the determination of the justices, there may be an appeal to the sessions, and the sessions may finally determine the question, and award costs. (Id., s. 60, post, App., 175). Handrails, fences, gates, or stiles, and convenient approaches, must be made by the company, when the railway crosses any highway, other than a public carriage-way, on

the level, (Id., .. 61, post, App., 175); and if they neglect to do so, two justices may inflict a penalty, and order it to be applied in executing the work in respect whereof the penalty was incurred. (Id., s. 62, post, App., 175). As to the powers given to tbe Board of Trade in all cases where the railway crosses roads on a level, see ante, 91.

(r) See the cases as to the con. struction of bridges, collected post, 363, 369.

(8) A road on which toll gates are by law erected, and tolls taken there. at, is a turnpike road within the meaning of this section. The Northam Bridge and Roads Co. v. The London and Southampton Railway Co., 6 M. & W. 428; 1 Railway Cases, 653 ;

post, 380.

Limitations of General Powers.

road shall not be less than sixteen feet for a space of
twelve feet if the arch be over a turnpike road, and
fifteen feet for a space of ten feet if over a public
carriage road; and in each of such cases the clear
height at the springing of the arch shall not be less

than twelve feet.
The clear height of the arch for a space of nine feet

shall not be less than fourteen feet over a private

carriage road.
The descent made in the road, in order to carry the

same under the bridge, shall not be more than one
foot in thirty feet if the bridge be over a turnpike-
road; one foot in twenty feet if over a public car-
riage road; and one foot in sixteen feet if over a
private carriage road, not being a tramroad or rail-
road; or, if the same be a tramroad or railroad, the
descent shall not be greater than the prescribed rate
of inclination; and if no rate be prescribed, the same
shall not be greater than as it existed at the passing

of the special act. (Id., s. 49, post, App., 172). And every bridge erected for carrying any road over the Construction of railway shall (except as otherwise provided by the special railway. act) be built in conformity with the following regulations : (that is to say),

There shall be a good and sufficient fence on each side

of the bridge of not less than four feet, and on each
side of the immediate approaches of such bridge of

not less than three feet;
The road over the bridge shall have a clear space be-

tween the fences thereof of thirty-five feet if the
road be a turnpike-road, and twenty-five feet if a
public carriage road, and twelve feet if a private

road;
The ascent shall not be more than one foot in thirty

bridges over

A A

Limitations of General Puwers.

Width of bridges need not exceed width of road in certain cases.

feet if the road be a turnpike road; one foot in twenty feet if a public carriage road; and one foot in sixteen feet if a private carriage road, not being a tramroad or railroad; or, if the same be a tramroad or railroad, the ascent shall not be greater than as it existed at the passing of the special act. (Id., s.

50, post, App., 172). But it is provided, that, in all cases where the average available width for the passage of carriages of any existing roads, within fifty yards of the points of crossing the same, is less than the width hereinbefore prescribed for bridges over or under the railway, the width of such bridges need not be greater than such average available width of such roads; but so, nevertheless, that such bridges be not of less width, in the case of a turnpike road or public carriage road, than twenty feet: Provided also, that, if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound, at their own expense, to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein or in the special act prescribed for a bridge in the like case over or under the railway. (Id., s. 51, post, App., 173).

It is also provided, that, if the mesne inclination of any road within 250 yards of the point of crossing the same, or the inclination of such portion of any road as may require to be altered, or for which another road shall be substituted, shall be steeper than the inclination hereinbefore required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be

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

Limitations of General Pouers.

substituted.

crossed, or of the road so requiring to be altered, or for which another road shall be substituted. (Id., s. 52, post, App., 173).

If the company cross, raise, cut through, sink, or use any Before roads are part of any road, public or private, so as to render it im- others must be passable for, or dangerous, or extraordinarily inconvenient to passengers or other persons, or carriages, they are required, before the commencement of any operations, to cause a sufficient road to be made, instead of the road to be interfered with, and to maintain such road, (Id., s. 53, post, App., 173); and, in default of making the substituted road, the company are liable to a heavy penalty; and any person sustaining special damage may maintain an action on the case. (Id., ss. 54, 55, post, App., 173). If the road interfered with as above mentioned can be restored compatibly with the formation and use of the railway, the company are required to restore it; if it cannot be restored, then the company are required to cause some other sufficiently substituted road to be put into a permanently substantial condition; and the former road must be restored, or the substituted road provided, within a certain period, which is prescribed, otherwise a penalty is incurred. (Id., ss. 56, 57, post, App., 174). If the company use or interfere with any road, they are required from time to time to repair and make good all damage done by them (t); and, in case of difference, two justices may decide the question in the manner prescribed. (Id., s. 58, post, App., 174).

IV. The company are required to make, and at all times Construction of maintain (u), the following works, for the accommodation works.

accommodation

(See the cases as to the diver- (u) See the cases relating to the resion, &c. of roads, collected post, pairing of railway works, collected 381.

post, 385.

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