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RAILWAYS CLAUSES ACT 1863 - SECT 17

17. Where the company is authorized by the special Act to construct a railway
skirting a public navigable tidal river or channel, the company shall not make
any deviation of the railway from the continuous centre line thereof marked on
the plan deposited by them at the Board of Trade, even within the limits of
deviation shown on that plan, in such manner as to diminish the navigable
space, without the previous consent of the Board of Trade, or otherwise than
in such manner as is expressly authorized by the Board of Trade.

If any deviation is made in contravention of the present section, the Board of
Trade may abate and remove the work in the construction whereof the deviation
is made, or any part thereof, and restore the site thereof to its former
condition, at the expense of the company; and the amount of such expense shall
be a debt due from the company to the Crown, and be recoverable accordingly
with costs; or the same may be recovered, with costs, as a penalty is
recoverable from the company.

© 1863 Crown Copyright

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