kept constantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railway; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway; and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a penalty of forty shillings for every default therein: Provided always, that it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. XLVIII. Where the railway crosses any turnpike road on a level adjoining to a station, all trains on the railway shall be made to slacken their speed before arriving at such turnpike road, and shall not cross the same at any greater rate of speed than four miles an hour; and the company shall be subject to all such rules and regula tions with regard to such crossings as may from time to time be made by the Board of Trade. XLIX. Every bridge to be erected for the purpose of carrying 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 thereunder a clear space of not less than thirty-five feet if the arch be over a turnpike road, and of twenty-five 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 road shall not The clear height of the arch for a space of nine feet shall not be L. Every bridge erected for carrying any road over the railway shall (except as otherwise provided by the special 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 height 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 between 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 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 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. LI. Provided always, 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. LII. Provided also, That, if the mesne inclination of any road within two hundred and fifty 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 herein before 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 crossed, or of the road so requiring to be altered, or for which another road shall be substituted. LIII. If, in the exercise of the powers by this or the special act granted, it be found necessary to cross, cut through, raise, sink, or use any part of any road, whether carriage road, horse road, tramroad, or railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expense maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be. LIV. If the company do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid, they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted; and such penalty shall be paid to the trustees, commissioners, surveyor, or other person having the management of feet, and on each side of the imme- than one foot in thirty feet if the road , That, if the mesne inclination of any road the exercise of the powers by this or the special act found necessary to cross, cut through, raise, sink, or f any road, whether carriage road, horse road, tramay, either public or private, so as to render it impassable ous or extraordinarily inconvenient to passengers or carthe persons entitled to the use thereof, the company the commencement of any such operations, cause a su o be made instead of the road to be interfered with, and eir own expense maintain such substituted road in a state ent for passengers and carriages as the road so interfered nearly so as may be. APPENDIX. STATUTES. The Railways' tion Act. Clauses Consolida not The width of the bridges need width of the road in certain cases. If the company do not cause another sufficient road to be so Penalty he me existing road as aforesaid, APPENDIX. STATUTES. The Railways Clauses Consolidation Act. Party suffering damage from interruption of road to recover in an action on the case. Period for restora fered with. such road, if a public road, and shall be applied for the purposes thereof, or, in case of a private road, the same shall be paid to the owner thereof, and every such penalty shall be recoverable, with costs, by action in any of the superior courts. LV. If any party, entitled to a right of way over any road so interfered with by the company, shall suffer any special damage by reason that the company shall fail to cause another sufficient road to be made before they interfere with the existing road, it shall be lawful for such party to recover the amount of such special damage from the company, with costs, by action on the case in any of the superior courts, and that, whether any party shall have sued for such penalty as aforesaid or not, and without prejudice to the right of any party to sue for the same. LVI. If the road so interfered with can be restored compatibly tion of roads inter- with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the company, or as near thereto as may be; and if such road cannot be restored compatibly with the forma tion and use of the railway, the company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the trustees or parties having the management of the road to be restored, by writing under their hands consent to an extension of the period, and, in such case, within such extended period; (that is to say), if the road be a turnpike road, within six months, and, if the road be not a turnpike road, within twelve months. Penalty for failing to restore road. Company to repair roads used by them. of LVII. If any such road be not so restored, or the substituted road so completed, as aforesaid, within the periods herein or in the special act fixed for that purpose, the company shall forfeit to the trustees, commissioners, surveyor, or other person having the management the road interfered with by the company, if a public road, or, if s private road, to the owner thereof, five pounds for every day after the expiration of such periods respectively during which such road shall not be so restored, or the substituted road completed; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole, or any part thereof, to be laid out in executing the work in respect whereof such penalty was incurred. LVIII. If, in the course of making the railway, the company shall use or interfere with any road, they shall from time to time make good all damage done by them to such road; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by them, such question shall be referred the determination of two justices; and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period as they think reasonable, and may impose on the company, for not carrying into effect such repairs, any penalty not exceeding five pounds per day, as to such justices shall seem just; and such penalty shall be paid to the surveyor, or other person having the management of the road interfered with by the company, if a public road, and be applied for the |