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Construction of Accommodation


of the owners and occupiers of lands adjoining the railway: (that is to say),

Such and so many convenient gates, bridges, arches,

culverts, and passages over, under, or by the sides of or leading to or from the railway, as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made ; and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid

out or formed, or during the formation thereof: Also sufficient posts, rails, hedges, ditches, mounds, or

other fences, for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout by reason of the railway, together with all necessary gates, made to open towards such adjoining lands, and not towards the railway, and all necessary stiles; and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conve

niently may be (x): Also all necessary arches, tunnels, culverts, drains, or

other passages, either over, under, or by the sides of the railway, of such dimensions as will be suffi

(x) By 5 & 6 Vict. c. 55, (to the provisions of which special railway acts are now invariably made liable), it is enacted, that railway companies shall be under the same liability of obligation to erect and to maintain and repair good and sufficient fences throughout the whole of the respective lines, as they would have been if

every part of such fences had been originally ordered to be made under an order of justices, by virtue of the provision to that effect in the acts of Parliament relating to such railways respectively. (Sect. 10, post, App., 23). The meaning of the above enact. ment is not very clearly expressed, and no specific remedy is pointed out.

Construction of Accommodation


cient at all times to convey the water as clearly from
the lands lying near or affected by the railway as
before the making of the railway, or as nearly so as
may be; and such works shall be made, from time

to time, as the railway works proceed :
Also proper watering-places for cattle, where, by rea-

son of the railway, the cattle of any person occupy-
ing any lands lying near thereto shall be deprived of
access to their former watering-places; and such
watering-places shall be so made as to be at all
times as sufficiently supplied with water as thereto-
fore, and as if the railway had not been made, or as
nearly so as may be; and the company shall make all
necessary watercourses and drains, for the purpose of

conveying water to the said watering-places (y):
Provided always, that the company shall not be re-

quired to make such accommodation works in such
a manner as would prevent or obstruct the working
or using of the railway, nor to make any accommo-
dation works with respect to which the owners and
occupiers of the lands shall have agreed to receive,
and shall have been paid, compensation, instead of

the making them. (Id., s. 68, post, App., 177).
If any difference arises as to the kind or number of the
accommodation works, or as to maintaining them, the same
may be determined by two justices, (Id., s. 69, post, App.,
178); and if the company fail to obey the justices' order,
the party aggrieved may execute the works or repairs him-
self, and the expenses shall be repaid by the company; and
any dispute about the expenses shall be settled by two jus-
tices; but the railway must not be obstructed or injured
for a longer time than is unavoidably necessary for the exe-
cution of the accommodation works. (Id., s. 70, post, App.,

(y) See R. v. The York and North Midland Railway Company, post, 396.

Construction of Accommodation


178). If the owners or occupiers of lands consider the
accommodation works insufficient for the commodious use
of their lands, they may, at their own expense, make such
further works as shall be agreed by the company, or, in
case of difference, as shall be authorised by two justices.
(Id., s. 71, post, App., 178). But if the company so desire,
all such last-mentioned accommodation works must be con-
structed under the superintendence of their engineer, sub-
ject to certain restrictions. (Id., s. 72, post, App., 178).
The company cannot be compelled to make further or addi-
tional accommodation works after the expiration of a pre-
scribed period. (Id., s. 73, post, App., 179). Until the
company make bridges, or other proper communications,
between lands intersected by the railway, the persons
whose right of way shall be affected may pass and repass
with carriages, &c., directly (but not otherwise) across the
railway ; but if compensation has been received for such
communication in lieu thereof, then no right of way may
be exercised (y). (Id., s. 74, post, App., 179). If any person

(y) As to what amounts to a re- parts of the railway as shall be made ceipt of compensation for the loss of in or upon their lands." By another communication between several por- section, it was provided, that the comtions of an estate, see Manning v. pany should, at their own expense, The Eastern Counties Railway Co., so soon as the railway shall be laid 12 M. & W. 237; 3 Railway Cases, out and formed, make such commu. 637; ante, 248. A railway act enacted, nications as two or more justices of “ that it should be lawful for the own. the peace shall, upon the application ers and occupiers of lands through of the owners, &c., (in case of any which the railway shall be made, dispute), judge necessary and appoint. (except in cases in which the com- Another section prohibited any perpany shall, at their own expense, son from riding, leading, or driving have made communications from the any horse, &c. upon the railway, land on the one side of the railway "except only in directly crossing the to the land on the other, according same as aforesaid, at places to be apto an agreement with the owner, &c., pointed for that purpose, for the neor according to the provisions of this cessary occupation of the respective act), at all times, for the purpose of lands through whi the railway shall occupying the same lands, to pass pass." It was decided, that, until the and repass, and to lead horses, cattle, company had made a communication, &c., directly over and across such a party whose land bad been severed

Construction of Accommodation


omits to fasten any gate set up on either side of the railway for accommodation, he is liable to a penalty. (Id., s. 75, post, App., 179).

If the commissioners of a turnpike road, or the surveyor of any highway, apprehend danger to the passengers on such road, in consequence of horses being frightened by the engines on the railway, application may be made to the Board of Trade, who may certify what works are necessary or proper for the purpose of obviating or lessening the danger, (Id., s. 63, post, App., 176); and the company must execute any screen or other work in pursuance of the certificate, or pay a penalty; and the justices who impose the penalty may order it to be applied in executing the work in respect whereof the penalty was incurred. (Id., s. 64, post, App., 176).

The company, for the purpose of making the railway, Interference with may alter the position of water-pipes, gas-pipes, and other pipes, &c. obstructions, under the restrictions and penalties prescribed by the act, (Id., ss. 18, 19, 20, 22, 23, post, App., 163, 164), making good all damage, and giving compensation. (Id., 8. 21, post, App., 164).

water-pipes, gas

The foregoing are the principal provisions contained in the Railways Clauses Consolidation Act, as to the mode of constructing the railway and the works connected therewith. The authority of the Commissioners of Railways, to sanction deviations in executing certain of the before-mentioned engineering works connected with the railway, has been treated of in a former part of this work (z). It now

by the railway had a right to pass from his property on one side of the railway to the other, at any point; and that the words “ to be appointed" must be read with the addition

of " when such places shall have been appointed." The Grand Junction Railway Co. v. White, 2 Railway Cases, 559.

(2) Ante, 87.


Arrangement of


only remains to state in some detail such decided cases as
appear to be calculated to illustrate the subject of this section.
They are arranged as follows (a) :-
Cases relating to the construction of stations.

to the construction of temporary bridges.
to the construction of permanent bridges.
to the diversion of roads.

-to the repair of railway works.
Other cases not included in the foregoing subjects.

V. Cases relating to the Construction of Stations.


Although a rail- Eton College v. The Great Western Railway, (1 Railway Cases, 200).] way act prohibits the company from -A bill for incorporating a company for the formation of a railway having a station or waiting-place" was pending in the House of Lords. In consequence of a petition at a certain place, the company are presented by Eton College against the bill, the following clauses were not prohibited from taking up introduced :-Sect. 99 enacted, that it should not be lawful for the and setting down passengers at that

company to alter or divert any part of the line of railway as then place. What is a "road" laid down, nor to make any other railway, tramroad, or other road within the meaning of a railway or way to the south of the line, within three miles of Eton. Sect.

100 enacted, that it should not be lawful for any company or person to form, make, or lay down any branch railway, or tramroad, or other road or way whatever, passing or approaching within the same limits. Sect. 101 enacted, that no depot, station, yard, waiting, watering, loading, or unloading place should be made within the same distance. Sects. 102 and 103 enacted, that the company should erect and maintain a fence on each side of the railway, within certain parishes, for a distance of four miles ; and should maintain a police for preventing all access to the railway by the scholars of Eton. The College continued theiropposition until the bill, including the above clauses, passed into an act. The company diverted an existing road within the prescribed distance, and fenced off and appropriated part of the site of such former road as a passage communicating with the railway, by which passengers were invited to pass on foot to and from, and to be

(a) See the caution to be observed in applying these cases, ante, 190.

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