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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 17

Proviso as to damages.

17. 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, to be signified in
writing under the hands of two of the commissioners of Her Majesty's woods,
forests, land revenues, works, and buildings, and of the lord high admiral of
the United Kingdom of Great Britain and Ireland, or the commissioners for
executing the office of lord high admiral aforesaid for the time being, to be
signified in writing..., 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.

© 1845 Crown Copyright

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