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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 47

Provision in cases where roads are crossed on a level.

47. If the railway cross any turnpike road or public carriage road on a level,
the company shall erect and at all times maintain good and sufficient gates
across such road, on each side of the railway, where the same shall
communicate therewith, and shall employ proper persons to open and shut such
gates, and such gates shall be kept constantly closed across such road on both
sides of the railway, except during the time when horses, cattle, carts, or
carriages passing along the same shall have to cross such railway; and such
gates shall be of such dimensions and so constructed as when closed to fence
in the railway, and prevent cattle or horses passing along the road from
entering upon the railway; and the person intrusted with the care of such
gates shall cause the same to be closed as soon as such horses, cattle, carts,
or carriages shall have passed through the same, under a penalty of [#2] for
every default therein: Provided always, that it shall be lawful for the Board
of Trade, in any case in which they are satisfied that it will be more
conducive to the public safety that the gates on any level crossing over any
such road should be kept closed across the railway, to order that such gates
shall be kept so closed, instead of across the road, and in such case such
gates shall be kept constantly closed across the railway, except when engines
or carriages passing along the railway shall have occasion to cross such road,
in the same manner and under the like penalty as above directed with respect
to the gates being kept closed across the road.

© 1845 Crown Copyright

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