Construction received in all Courts of Justice or elsewhere as Evidence of the of Railway. Contents thereof. Limiting De- XI. 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 Proviso. Proviso. Public vious to 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, Gas Works, 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. XII. Before it shall be lawful for the Company to make any Notice to be greater Deviation from the Level than Five Feet, or, in any Town, given preVillage, Street, or Land continuously built upon, Two Feet, after making having obtained such Consent as aforesaid, it shall be incumbent on greater the Company to give Notice of such intended Deviation by public Deviations. Advertisement, inserted Once at least in Two Newspapers, or Twice at least in One Newspaper, circulating in the District or Neighbourhood where such Deviation is intended to be made, Three Weeks at Power to the least before commencing to make such Deviation; and it shall be Owners of lawful for the Owner of any Lands prejudicially affected thereby, at adjoining Lands to any Time before the Commencement of the making of such Deviation, ! appeal to the to apply to the Board of Trade, after giving Ten Days Notice to the Company, to decide whether, having regard to the Interests of such Applicants, such proposed Deviation is proper to be made; and it shall be lawful for the Board of Trade, if they think fit, to decide such Question 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 Board of against such Company Company to make such Deviation, except in conformity with such Construction Certificate. of Railway. marked on XIII. Where in any Place it is intended to carry the Railway on Arches, Tunan Arch or Arches or other Viaduct, as marked on the said Plan or nels, &c. to Section, the same shall be made accordingly; and where a Tunnel be made as is marked on the said Plan or Section as intended to be made at any deposited Place, the same shall be made accordingly, unless the Owners, Plans. 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. XIV. It shall not be lawful for the Company to deviate from or Limiting alter the Gradients, Curves, Tunnels, or other engineering Works Deviations described in the said Plan or Section, except within the following from GraLimits, and under the following Conditions; (that is to say,) Subject to the above Provisions in regard to altering Levels, it It shall be lawful for the Company to diminish the Radius of any It shall be lawful for the Company to make a Tunnel, not marked dients, Curves, &c. XV. 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 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. XVI. Subject Works to be executed. Inclined Alteration of XVI. Subject to the Provisions and Restrictions in this and the They may make or construct, in, upon, across, under, or over any They may alter the Course of any Rivers not navigable, Brooks, Streams, or Watercourses, and of any Branches of navigable Rivers, &c. 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; Drains, &c. Warehouses, &c. Alterations and Repairs. General Power. " They may make Drains or Conduits into, through, or under any They may erect and construct such Houses, Warehouses, Offices, They may from Time to Time alter, repair, or discontinue the They may do all other Acts necessary for making, maintaining, Proviso as to Provided always, that in the Exercise of the Powers by this or the Works below Highwater Mark not to be executed without the Consent of the Lords of the Admiralty. XVII. It shall not be lawful for the Company to construct on the Shore of the Sea, or of any Creek, Bay, Arm of the Sea, or navigable River communicating therewith, where and so far up the same as the Tide flows and reflows, any Work, or to construct any Railway or Bridge across any Creek, Bay, Arm of the Sea, or navigable River, where and so far up the same as the Tide flows and reflows, without the previous Consent of Her Majesty, Her Heirs and Successors, to be signified in Writing under the Hands of Two of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, 3 Revenues, Works, and Buildings, and of the Lord High Admiral of Construction the United Kingdom of Great Britain and Ireland, or the Commis- of Railway. sioners 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. &c. XVIII. It shall be lawful for the Company, for the Purpose of con- Alteration of structing the Railway, to raise, sink, or otherwise alter the Position Water and of any of the Watercourses, Water Pipes, or Gas Pipes belonging Gas Pipes, to any 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 Inconvenience to such Company, Society, or Inhabitants as the Circumstances will admit, and be done under the Superintendence of the Company to which such Water Pipes or Gas Pipes belong, and of the several Commissioners or Trustees, or Persons having Control of the Pavements, Sewers, Roads, Streets, Highways, Lanes, and other public Passages and Places within the Parish or District where such Mains, Pipes, or Obstructions shall be situate, or of their Surveyor, if they or he think fit to attend, after receiving not less than Forty-eight Hours Notice for that Purpose. XIX. Provided always, That it shall not be lawful for the Company Company to remove or displace any of the Mains or Pipes (other than private not to disService Pipes), Syphons, Plugs, or other Works belonging to any until they turb Pipes such Company or Society, or to do any thing to impede the Passage have laid of Water or Gas into or through such Mains or Pipes, until good and down others. sufficient Mains or Pipes, Syphons, Plugs, and all other Works necessary or proper for continuing the Supply of Water or Gas as sufficiently as the same was supplied by the Mains or Pipes proposed to be removed or displaced, shall, at the Expence of the Company, have been first made and laid down in lieu thereof, and be ready for Use, in a Position as little varying from that of the Pipes or Mains proposed 4 Y Construction posed to be removed or displaced as may be consistent with the of Railway. Construction of the Railway, and to the Satisfaction of the Surveyor or Engineer of such Water or Gas Company or Society, or, in case of Disagreement between such Surveyor or Engineer and the Company, as a Justice shall direct. Pipes not to trary to any face Road to be retained. Company to make good all Damage. When Rail way crosses Pipes, Company to XX. It shall not be lawful for the Company to lay down any such Pipes contrary to the Regulations of any Act of Parliament relating to such Water or Gas Company or Society, or to cause any Road to be lowered for the Purposes of the Railway, without leaving a Covering of not less than Eighteen Inches from the Surface of the Road over such Mains or Pipes. XXI. The Company shall make good all Damage done to the Property of the Water or Gas Company or Society, by the Disturb ance thereof, and shall make full Compensation to all Parties for any Loss or Damage which they may sustain by reason of any Interference with the Mains, Pipes, or Works of such Water or Gas Company or Society, or with the private Service Pipes of any Person supplied by them with Water. XXII. If it shall be necessary to construct the Railway or any of the Works over any Mains or Pipes of any such Water or Gas Company or Society, the Company shall, at their own Expence, make a Cul- construct and maintain a good and sufficient Culvert over such Main or Pipe, so as to leave the same accessible for the Purpose of Repairs. vert. Penalty for obstructing Supply of Gas or Water. Construction XXIII. If by any such Operations as aforesaid the Company shall interrupt the Supply of any Water or Gas they shall forfeit Twenty Pounds for every Day that such Supply shall be so interrupted, and such Penalty shall be appropriated to the Benefit of the Poor of the Parish in which such Obstruction shall occur, in such Manner as the Overseers of the Poor of the Parish shall direct. Penalty for XXIV. If any Person wilfully obstruct any Person acting under the obstructing Authority of the Company in the lawful Exercise of their Power, in of Railway. setting out the Line of the Railway, or pull up or remove any Poles or Stakes driven into the Ground for the Purpose of so setting out the Line of the Railway, or deface or destroy any Marks made for the same Purpose, he shall forfeit a Sum not exceeding Five Pounds for every such Offence. Drainage of And whereas there are large Tracts of Land in Ireland subject to Flood and Injury by Water, and the Rivers, Streams, and Watercourses are in many Places obstructed by Shoals, insufficient Bridges, Culverts, Weirs, and other Works, whereby the Waters thereof are elevated above their natural Level: And whereas an Act of Parliament was passed in the Second Year of the Reign of His late 1 & 2 W. 4. Majesty King William the Fourth, intituled An Act to empower Landed Proprietors in Ireland to sink, embank, and remove Obstructions in Rivers: And whereas another Act was passed in the Sixth Year c. 57. 4 |