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TABLE OF PROVISIONS
Long Title
1. This Act to apply to all railways authorized by Acts hereafter to
be passed.
2. ""Special Act:''
3. Interpretations in this and the special Act:
4. Short title of the Act.
5. Form in which portions of this Act may be incorporated in other
Acts.
6. The construction of the railway to be subject to the provisions of
this Act and the Lands Clauses Consolidation Act.
7. Errors and omissions in plans to be corrected.
8. Works not to be proceeded with until plans of all alterations of
original plans, &c. authorized by Parliament have been deposited.
9. Chief clerks, &c. to receive plans of alterations, and allow
inspection.
10. Certified copies of plans, &c. to be evidence.
11. Limiting deviation from datum line described on sections, &c.
12. Public notice to be given previous to making greater deviations.
13. Arches, tunnels, &c. to be made as marked on deposited plans.
14. Limiting deviations from gradients, curves, &c.
15. Lateral deviations.
16. Works to be executed.
17. Proviso as to damages.
18. Alteration of water and gas pipes, &c.
19. Company not to disturb pipes until they have laid down others.
20. Pipes not to be laid contrary to any Act, and 18 inches surface
road to be retained.
21. Company to make good all damage.
22. When railway crosses pipes, company to make a culvert.
23. Penalty for obstructing supply of gas or water.
24. Penalty for obstructing construction of railway.
30. Company may occupy temporarily private roads within five hundred
yards of the railway.
31. Power to owners and occupiers of road and land to object that
other roads should be taken.
32. Power to take temporary possession of land without previous payment.
33. Section 33
34. Service of notices on owners and occupiers of lands.
35. Power to owner to object that lands are essential to be retained,
or other lands ought to be taken.
36. Power to two justices to order that the lands and materials shall
not be taken.
37. Power to justices to order other lands to be taken.
38. Power to the justices to summon other owners before them.
39. The company to give sureties, if required.
40. Company to separate the lands before using them.
41. Lands taken for getting materials, &c. to be worked as the surveyor
or owner may direct.
42. Owners of lands may compel company to purchase lands so temporarily
occupied.
43. Compensation to be made for temporary occupation.
44. Purchase money or compensation to be ascertained and applied under
the Lands Clauses Act.
45. Section 45
46. Crossing of roads.
47. Provision in cases where roads are crossed on a level.
48. As to crossing of turnpike roads adjoining stations.
49. Construction of bridges carrying railway over roads.
50. Construction of bridges carrying roads over railway.
51. The width of the bridges need not exceed the width of the existing
roads in certain cases.
52. Existing inclinations of roads crossed or diverted need not be
improved.
53. Before roads interfered with, others to be substituted.
54. Penalty for not substituting a road.
55. Party suffering damage from interruption of road to recover in an
action on the case.
56. Roads interfered with to be restored, or others permanently
substituted, within a limited time.
57. Penalty for failing to restore or substitute road.
58. Company to repair roads used by them.
59. Proceedings on application to justices to consent to level crossings
over highways other than public carriage roads.
61. Company to make sufficient approaches and fences to such highways
crossing on the level.
62. Justices to have power to order approaches and fences to be made
to highways crossing on the level.
65. Section 65
66. Board of Trade empowered to modify the construction of certain
roads, bridges, &c. where a strict compliance with the Act is
impossible or inconvenient.
67. Authentication of certificates of the Board of Trade, service of
notices, &c.
68. Section 68
69. Watering places.
70. Execution of works by owners on default by the company.
71. Power to owners of land to make additional accommodation works at
their own expence.
72. Such works may, at company's desire, be constructed under the
superintendence of their engineer.
73. Accom modation works not to be required after prescribed period, &c.
74. Owners to be allowed to cross the railway until accommodation works
are made.
75. Penalty on persons omitting to fasten gates.
76. Section 76
77. Company not to be entitled to minerals, unless expressly purchased.
78. Mines lying near the railway not to be worked if the company are
willing to make compensation for them.
79. If company are not willing to make compensation, owner may work the
mines.
80. Mining communications between mines lying on both sides of railway.
81. Company to make compensation for injury done to mines;
82. and also to owner, &c. of surface for damage caused by any airway
or other work made necessary by the railway.
83. Power to company to enter and inspect the working of mines.
84. Penalty for refusal to allow inspection.
85. If mines improperly worked, the company may require means to be
adopted for the safety of the railway.
86. Company to employ locomotive power, carriages, &c.
87. Company empowered to contract with other companies.
88. Contracts not to affect persons not parties thereto.
89. Company not to be liable to a greater extent than common carriers.
94. Milestones.
95. Penalty for pulling down milestones.
96. Tolls to be paid as directed by the company.
97. In default of payment of tolls, goods, &c. may be detained and
sold;
98. Account of lading, &c. to be given.
99. Penalty for not giving account of lading, &c.
100. Settlement of disputes as to amount of tolls chargeable.
101. Differences as to weights, &c.
102. Toll collector to be liable for wrongful detention of goods.
103. Penalty on passengers refusing to quit carriage at destination.
104. Detention of offenders.
105. Carriage of dangerous goods on railway.
106. Delivery of offices, books, &c. in possession or custody of toll
collector at removal, &c.
107. Annual account to be made up, and a copy transmitted to the chief
clerk, etc.
108. Company to regulate the use of the railway.
109. Section 109
110. Publication of such bye laws.
111. Such bye laws to be binding on all parties.
112. Conditions to be contained in leases executed in exercise of power
to lease railway.
113. Powers vested in the company may be exercised by the lessees.
115. Engines to be approved by the company, and certificate of approval
given.
116. Penalty on persons using improper engines.
117. Carriages to be constructed according to company's regulations.
118. Regulations to be in writing, and to apply also to company's
carriages.
119. Penalty on persons using improper carriages.
120. Owner's name, &c. to be registered, and exhibited on carriages, if
required.
121. On non-compliance carriage may be removed.
122. Carriages improperly loaded, or suffered to obstruct the road, may
be unloaded or removed.
123. Company not to be liable for damage, except wilful damage, &c. by
such unloading, &c.
124. Owners of engines, &c. liable for damage done by engines, &c. or
by servants.
125. Owners may recover from servants amounts paid for damage caused by
their negligence.
126. Appointment of arbitrators when questions are to be determined by
arbitration.
127. Vacancy of arbitrator to be supplied.
128. Appointment of umpire.
129. Board of Trade empowered to appoint an umpire, on neglect of the
arbitrators.
130. In case of death of single arbitrator, the matter to begin de
novo.
131. If either arbitrator refuse to act, the other to proceed ex parte.
132. If arbitrators fail to make their award within twenty-one days, or
prescribed time, the matter to go to the umpire.
133. Power for arbitrators to call for books, &c.
134. Arbitrator and umpire to make declaration.
135. Section 135
136. Submission to arbitration may be made a rule of court.
137. The award not to be set aside for matter of form.
138. Service of notices upon company.
139. Tender of amends.
140. Provision for ascertainment of damages not otherwise provided for.
141. Distress against the treasurer.
142. Method of proceeding before justices in questions of damages, &c.
143. Publication of penalties.
144. Penalty for defacing boards used for such publication.
145. Penalties to be summarily recovered before two justices.
149. Distress not unlawful for want of form, &c.
152. Damage to be made good in addition to penalty.
154. Transient offenders.
162. Copies of special Act to be kept and deposited, and allowed to be
inspected.
163. Penalty on company failing to keep or deposit such copies.
[ Note: This table has been automatically generated and may be incomplete. ]
© 1845 Crown Copyright
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