Sect. 78. map thereof to be prepared, and shall certify under their hands the correctness of such map; and it shall be the duty of the applicant to forward the same to the clerk of the peace of the county, riding, or division of the county wherein the land is situate, who shall keep the same in his office as a record of the proceedings between the parties. Costs of adjoining owner. in case of change outfall. Sections 79-81 deal with the maintenance and cleaning of such drains. 82. All costs, charges, and expenses reasonably incurred by the adjoining owner in respect of any application made in pursuance of this part of this Act shall be defrayed by the applicant. 83. Where any person is desirous, in pursuance of this Provision Part of this Act, of constructing any drain by means whereof any brook, river, or other natural watercourse will be diverted of natural from its ordinary channel into any other brook, river, or natural watercourse, he shall cause a copy of the notice hereby required to be served on the adjoining owner to be published by advertisement once at least in each of three successive weeks in some local newspaper circulating in the district in which the drain proposed to be constructed is situate, and to be served in manner in which notices are required to be served under the First Part of this Act (where no special mode of service is prescribed) on all owners of land abutting upon the brook, river, or other natural watercourse into which the diversion is made, and situate within four miles of the point of junction, and shall deposit a copy of the map hereby required to accompany the notice served on the adjoining owner with the clerk of the peace of the county, riding, or division of a county wherein the proposed drain is situate; and it shall be lawful for any person being the owner of land capable of being injured by the proposed drain, within eight weeks after the first notice of the proposed drain appears in the newspaper, to serve notice that he apprehends injury from such drain on the person proposing Sect. 83. to make the same, and thereupon such owner shall be deemed to have dissented, and shall be entitled to the same rights and privileges under this Part of this Act as if he were the adjoining owner. Powers very similar to those in Part III. of this Act are contained in the Land Drainage Act, 1847 (10 & 11 Vict. c. 38). Owners interested in land desirous of improving and draining it may by that Act apply to the Enclosure Commissioners (now the Board of Agriculture), for power to carry out similar drainage works on the lands of adjoining owners who either dissent or are under disability. The Board of Agriculture may by order authorise the works after inquiry, and the person authorised may enter upon the lands of the neighbouring owners and execute the works, subject to making compensation for any damage occasioned by the exercise of the powers (section 8). The provisions as to compensation are contained in sections 9-11, and are as follows: The Land Drainage Act, 1847. : enter upon lands for that pur pose. 9. And be it enacted, that(a) it shall be lawful for the person or Persons persons authorised as aforesaid to enter into and upon any land in the authorized order of the commissioners, or the plan thereunto annexed, described or to execute shown, and in conformity with the terms of such order, but not works may otherwise, to widen, straighten, deepen, divert, scour, or cleanse any river, stream, ditch, or drain, brook, pool, or watercourse, and to make, open, and cut any new watercourse, side cut, ditch, or drain, and to alter or remove any bank, sluice, floodgate, clough, hatch, weir, dam, or other obstruction, and to make or erect any bank, sluice, floodgate, hatch, ditch, drain, tunnel, or other works necessary or convenient for drainage or for warping, and to dam, bar, and stop up with any weir or dam any river or watercourse, and to erect and maintain on such land steam and other engines and machinery: Provided always that no entry shall No entry be made on any land for the purposes aforesaid, except with the consent to be made of the proprietors thereof, until the amount of compensation for the on land damage to be occasioned by such entry, and by the execution and without maintenance of the works authorised as aforesaid, shall have been agreed until comupon or ascertained, as the case may be, and paid, under the provisions hereinafter contained or agreed to. consent pensation is made. houses. 10. And be it enacted, that(a) it shall be lawful for the commissioners Power to by any such order as aforesaid to authorise any person or persons purchase therein mentioned to purchase and take, as the site of any engine house, lands for or for any other purpose necessary for the works thereby authorised, sites of any land, not being in any park or pleasure ground, in such order to be engine described; provided always, that not more than three acres be purchased or taken under this clause otherwise than by agreement; and all the provisions of "The Lands Clauses Consolidation Act, 1845," with respect to the purchase of land otherwise than by agreement shall apply to the purchase of any land not exceeding three acres which shall be specially described in such order, and which shall be thereby authorised to be taken otherwise than by agreement; and the provisions of the last-mentioned Act with respect to the purchase of land by Sect. 83. agreement shall apply to the purchase of any land by such order authorised to be purchased except as aforesaid; and all lands to be purchased or taken under this clause shall be conveyed to or held by such persons and upon such trusts as the commissioners shall by such order direct. 1845 (8 & 9 Vict. c. 18), in corporated with this The Lands 11. And be it enacted, that(a) the compensation to be paid for the Clauses damage or injury to any lands which may be entered upon, cut through, Consolida- or interfered with under any such order of the commissioners as afore tion Act, said, may be agreed upon with the persons and in the manner provided by "The Lands Clauses Consolidation Act, 1845," with respect to the purchase of land otherwise than by agreement; and the persons who in such order of the commissioners shall be authorised to execute the works in such order mentioned shall, for the purposes of the lastmentioned Act and of this Act, be deemed the promoters of the undertaking; and all other the provisions of "The Lands Clauses Consolidation Act, 1845," shall be incorporated with this Act, and shall apply thereto, and to the works and purchases to be authorised by the commissioners, in such and the same manner as if the works and purchases which shall be authorised by the commissioners had been set forth and authorised to be executed and made by this Act. Act. (a) These words are repealed by the Statute Law Revision Act, 1891. THE RAILWAYS CLAUSES ACT, 1863. 26 & 27 VICT. C. 92. An Act for consolidating in one Act certain provisions frequently inserted in Acts relating to railways. [28th July, 1863.] PART I. CONSTRUCTION OF A RAILWAY. 3. This part of this Act shall apply to the railway autho- Sect. 3. rised to be constructed by any special Act hereafter passed Applicaand incorporating this part of this Act. In this part of this Act tion of Part I. and interpretation of All terms used have the same meanings as the same terms. terms have when used in the Railways Clauses Part I. of this Act dealing with the construction of a railway comprises sections 3-19. Alteration of Engineering Works. engineer 4. Notwithstanding anything in the said Railways Clauses Power to Consolidation Acts, respectively contained, the company, in alter the construction of the railway, may deviate from the line or ing works. level of any arch, tunnel, or viaduct, described on the deposited plans or sections, so as the deviation be made within the limits of deviation shown on those plans, and subject to the limitations contained in sections eleven, twelve, and fifteen of those Acts respectively, and so as the nature of the work described be not altered, and may also substitute any Sect. 4. engineering work not shown on the deposited plans or sections, for an arch, tunnel, or viaduct, as shown thereon; provided that every such substitution be authorised by a certificate of the Board of Trade; and the Board of Trade may grant such certificate in case it appears to them, on due enquiry, that the company has acted in the matter with good faith, and that the owners, lessees, and occupiers of the lands in which the substitution is intended to be made consent thereto, and also that the safety and convenience of the public will not be diminished thereby. Board of Provided, that nothing in the present section shall affect any power given to the company or to the Board of Trade by sections eleven, twelve, fourteen, or fifteen of the lastmentioned Acts respectively. This section amends sections 11 and 13 of the Railways Clauses Act, 1845, ante, pp. 311 and 313. Level Crossings. 7. The Board of Trade may, if it appears to them necessary require for the public safety, at any time after the passing of the bridge of special Act, require the company, within such time as the Board of Trade directs, and at the expense of the company, crossing. to carry the turnpike road or public carriage road either instead level under or over the railway by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as, under the circumstances of the case, may appear to the Board of Trade best adapted for removing or diminishing the danger arising from the level crossing. Where the road is so carried either under or over the railway, it shall not be necessary for the company to erect or maintain a lodge at the point where the road is crossed, or to appoint a person to watch or superintend the crossing thereat, nor shall they be liable to any penalty for failure so to do. (a) (a) Section 6 requires that at a level crossing the company shall erect a lodge. |