arose from mistake, they shall certify the same accordingly, and they Sect. 7. 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 situate; 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, book of reference, or schedule shall be deemed to be corrected according to such certificate; and it shall be lawful for the company to make the works in accordance with such certificate. The "order authorising the railway" is the "special Act," or, if the context requires it, the Order and the Light Railways Act itself. See ante, p. 98. If it is desired to substitute the Board of Trade or the Light Railway Commissioners for the two justices as the tribunal to correct errors such as this section deals with, the order must in incorporating this section so state. The clerk to the parish council has been by the Local Government Act, 1894, s. 17 (7) (56 & 57 Vict. c. 73), substituted for the parish clerk for the purposes of the above section; this and the following sections must be treated as amended accordingly. to be ceeded with Alterations ment have 8. It shall not be lawful for the company to proceed in the Works not execution of the railway unless they shall have previously to the procommencement of such work deposited with the clerks of the peace until Plans of the several counties in or through which the railway is intended of all to pass a plan and section of all such alterations from the original authorised plan and section as shall have been approved of by Parliament, on by Parliathe same scale and containing the same particulars as the original been plan and section of the railway, and shall also have deposited with deposited. 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 authorised to be made, copies or extracts of or from such plans and sections as shall relate to such parishes respectively. &c., to Alterations, 9. The said clerks of the peace, parish clerks, and postmasters Clerks of shall receive the said plans and sections of alterations, and copies and the Peace, extracts thereof respectively, and shall retain the same, as well as the receive said original plans and sections, and shall permit all persons inte- Plans of rested to inspect any of the documents aforesaid, and to make copies and allow and extracts of and from the same, in the like manner, and upon Inspection. 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 7 Will. 4 & compel clerks of the peace for counties and other persons to take the 1 Vict. c. 83. custody of such documents as shall be directed to be deposited with them under the standing orders of either House of Parliament. The Act mentioned in the above section may be cited as "The Parliamentary Documents Deposit Act, 1837." See Standing Orders, post. It is probable that orders authorising light railways will make pro vision Sect. 9. for the continued preservation inspection, and taking copies of the plans, books of reference, and sections deposited under the rules (ante, p. 88), before application, after the scheme has been sanctioned. The rules enable persons interested to have access to them before the line proposed is sanctioned. See Standing Order 29, Appendix, post; Rules 2-4, ante, pp. 87, 88; section 7 (2), ante, p. 64; and Rules 5-20, ante, pp. 88—91. Copies of plans, &c. to be evidence. 10. True copies of the said plans and hooks of reference, or of any alteration or correction thereof, or extract therefrom, certified 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 or elsewhere as evidence of the contents thereof. See note to section 9, ante. It will probably be found desirable to vary this section if incorporated by the Order, and to entrust the powers given to justices to the Board of Trade or to the Light Railway Commissioners. There will be no approval by Parliament, as the Order is operative upon confirmation by the Board of Trade. Light Railways Act, s. 10. Limiting de- 11. In making the railway it shall not be lawful for the company viation from to deviate from the levels of the railway, as referred to the common Datum Line datum line described in the section approved of by Parliament, and sections, &c. as marked on the same, to any extent exceeding in any place five described on Public notice to be given previous to making greater deviations. 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 commissioners, without the like consent of two or more justices of the peace in petty sessions assembled for that purpose, and acting for the district in which such street or public highway may be situated, or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gasworks, or waterworks affected by such deviation: Provided 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 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. 12. Before it shall be lawful for the company to make any greater deviation from the level than five feet, or in any town, village, street, or land continuously built upon, two feet, after having obtained such consent as aforesaid, it shall be incumbent on the company to give notice of such intended deviation by public advertisement, inserted once at least in two newspapers, or twice at least in one newspaper, circulating in the district or neighbourhood Power to the owners lands to appeal to where such deviation is intended to be made, three weeks at least Sect. 12. before commencing to make such deviation; and it shall be lawful for the owner of any lands prejudically affected thereby, at time any before the commencement of the making of such deviation, to apply of adjoining to the Board of Trade, after giving ten days' notice to the company, to decide whether, having regard to the interests of such applicants, the Board of such proposed deviation is proper to be made; and it shall be lawful Trade for the Board of Trade, if they think fit, to decide such question against such accordingly, and by their certificate in writing either to disallow the making of such deviation or to authorize the making thereof, either simply, or with any such modification as shall seem proper to the Board of Trade; and after any such certificate shall have been given by the Board of Trade it shall not be lawful for the company to make such deviation except in conformity with such certificate. deviations. to be made as marked 13. Where in any place it is intended to carry the railway on an Arches, arch or arches or other viaduct, as marked on the said plan or tunnels, &c., section, the same shall be made accordingly, and where a tunnel is marked on the said plan or section as intended to be made at any on deposited place, the same shall be made accordingly, unless the owners, lessees, and occupiers of the land in which such tunnel is intended to be made shall consent that the same shall not be so made. The powers of deviating may be extended by incorporating the Railways Clauses Act, 1863 (26 & 27 Vict. c. 92), s. 4, post, p. 142. Plans. 14. It shall not be lawful for the company to deviate from or alter Limiting the gradients, curves, tunnels, or other engineering works described deviations in the said plan or section, except within the following limits, and gradients, 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 diminish 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 to any 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 plan 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. from curves, &c. 15. It shall be lawful for the company to deviate from the line Lateral delineated on the plans so deposited, provided that no such deviation deviations. shall extend to a greater distance than the limits of deviation delineated upon the said plans, nor to a greater extent in passing Sect. 15. through a town, village, or lands continuously built upon than ten yards, or elsewhere to a greater extent than one hundred yards from the said line, and that the railway by means of such deviation be not made to extend into the lands of any person, whether owner, lessee, or occupier, whose name is not mentioned in the books of reference, without the previous consent in writing of such person, unless the name of such person shall have been omitted by mistake, and the fact that such omission proceeded from mistake shall have been certified in manner herein or in the special Act provided for in cases of unintentional errors in the said books of reference. Works to be executed. Inclined planes, &c. Alteration of course of rivers, &c. Drains, &c. &c. "In manner herein," that is in manner stated in section 7, ante, p. 100. To calculate the deviation the distance is measured from the line of railway as actually laid down to medium filum via of the original railway as shown on the plan. Finck v. London and North Western Railway Company, 44 Ch. D. 330. 16. Subject to the provisions and restrictions in this and the special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, hereinafter mentioned, to execute any of the following works; (that is to say,) They may make or construct in, upon, across, under, or over any lands, or any streets, hills, valleys, roads, railroads, or 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, streams, or watercourses, and of any branches of navigable rivers, such branches not being themselves navigable, within 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 of any 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; They may make drains or conduits into, through, or under any lands adjoining the railway, for the purpose of conveying water from or to the railway; Warehouses, They may erect and construct such houses, warehouses, offices, and other buildings, yards, stations, wharfs, engines, machinery, apparatus, and other works and conveniences as they think proper; Alterations and repairs. General power. They may from time to time alter, repair, or discontinue the before mentioned works or any of them, and substitute others in their stead; and They may do all other acts necessary for making, maintaining, altering, or repairing, and using the railway: Proviso as to Provided always, that in the exercise of the powers by this or the damages. special Act granted the company shall do as little damage as can be, and shall make full satisfaction in manner herein and in the special Sect. 16. 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. An act is not to be considered "necessary" within this section merely because it enables the company to execute their works more economically. Fenwick v. East London Railway Company, L. R. 20 Eq. 544; AttorneyGeneral v. Metropolitan Railway Company [1894], 1 Q. B. 384. compensation, see ante, pp. 48-55. As to water mark without the Admiralty. 17. It shall not be lawful for the company to construct on the Works shore of the sea, or of any creek, bay, arm of the sea, or navigable below high river communicating therewith, where and so far up the same as the not to be tide flows and reflows, any work, or to construct any railway or executed bridge across any creek, bay, arm of the sea, or navigable river, where consent of and so far up the same as the tide flows and reflows, without the the Lords previous consent of Her Majesty, .. to be signified in writing of the under the hands of two of the Commissioners of Her Majesty's Woods, [Now Board Forests, Land Revenues, Works, and Buildings, and of the Lord of Trade.] High Admiral of the United Kingdom of Great Britain and Ireland, or the Comissioners for executing the Office of Lord High Admiral aforesaid for the time being, to be signified in writing under the hand of the Secretary of the Admiralty, and then only according to such plan and under such restrictions and regulations as the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and the said Lord High Admiral, or the said Commissioners, may approve of, such approval being signified as last aforesaid; and where any such work, railway, or bridge shall have been constructed it shall not be lawful for the company at any time to alter or extend the same without obtaining, previously to making any such alteration or extension, the like consents or approvals; and if any such work, railway, or bridge shall be commenced or completed contrary to the provisions of this Act, it shall be lawful for the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or the said Lord High Admiral, or the said Commissioners for executing the Office of Lord High Admiral, to abate and remove the same, and to restore the site thereof to its former condition at the cost and charge of the company; and the amount thereof may be recovered in the same manner as a penalty is recoverable against the company. By 25 & 26 Vict. c. 69, s. 6 (The Harbours Transfer Act, 1862), the section is to be read as if amended by the substitution of the Board of Trade for the Admiralty, that is for the Lord High Admiral or Commissioners for executiug that office. See Interpretation Act, 1889, s. 12 (4). gas pipes, 18. It shall be lawful for the company, for the purpose of con- Alteration structing the railway, to raise, sink, or otherwise alter the position of water and of any of the watercourses, water pipes, or gas pipes belonging to any &c. of the houses adjoining or near to the railway, and also the mains and other pipes laid down by any company or society who may furnish the inhabitants of such houses or places with water or gas, and also to remove all other obstructions to such construction, so as the same respectively be done with as little detriment and incon |