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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 11

Limiting deviation from datum line described on sections, &c.

11. In making the railway it shall not be lawful for the company to deviate
from the levels of the railway, as referred to the common datum line described
in the section approved of by Parliament, and as marked on the same, to any
extent exceeding in any place five 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.

© 1845 Crown Copyright

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