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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 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.

66.... In case any difference in regard to the construction, alteration, or
restoration of any road or bridge, or other public work of an engineering
nature, required by the provisions of this or the special Act, shall arise
between the company and any trustees, commissioners, surveyors or other
persons having the control of or being authorized by law to enforce the
construction of such road, bridge, or work, it shall be lawful for either
party, after giving fourteen days notice in writing of their intention so to
do to the other party, to apply to the Board of Trade to decide upon the
proper manner of constructing, altering, or restoring such road, bridge, or
other work; and it shall be lawful for the Board of Trade, if they shall think
fit, to decide the same accordingly, and to authorize, by certificate in
writing, any arrangement or mode of construction in regard to any such road,
bridge, or other work which shall appear to them either to be in substantial
compliance with the provisions of this and the special Act, or to be
calculated to afford equal or greater accommodation to the public using such
road, bridge, or other work; and after any such certificate shall have been
given by the Board of Trade the road, bridge, or other work therein mentioned
shall be constructed by the company in conformity with the terms of such
certificate, and being so constructed shall be deemed to be constructed in
conformity with the provisions of this and the special Act: Provided always,
that no such certificate shall be granted by the Board of Trade unless they
shall be satisfied that existing private rights or interests will not be
injuriously affected thereby.

© 1845 Crown Copyright

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