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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 12

Public notice to be given previous to making greater deviations.

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 where such deviation is intended to be made, three weeks at
least before commencing to make such deviation; and it shall be lawful for the
owner of any lands prejudicially affected thereby, at any time before the
commencement of the making of such deviation, 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 company to make such deviation, except in
conformity with such certificate.


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© 1845 Crown Copyright

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