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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 76

76. This or the special Act shall not prevent the owners or occupiers of lands
adjoining to the railway, or any other persons, from laying down, either upon
their own lands or upon the lands of other persons with the consent of such
persons, any collateral branches of railway to communicate with the railway,
for the purpose of bringing carriages to or from or upon the railway, but
under and subject to the provisions and restrictions of the
Railway Regulation Act, 1842; and the company shall, if required, at the
expence of such owners and occupiers and other persons, and subject also to
the provisions of the said last-mentioned Act, make openings in the rails, and
such additional lines of rail as may be necessary for effecting such
communication, in places where the communication can be made with safety to
the public, and without injury to the railway, and without inconvenience to
the traffic thereon; and the company shall not take any rate or toll or other
monies for the passing of any passengers, goods, or other things along any
branch so to be made by any such owner or occupier or other person; but this
enactment shall be subject to the following restrictions and conditions (that
is to say,)No such branch railway shall run parallel to the railway:

The company shall not be bound to make any such openings in any place which
they shall have set apart for any specific purpose with which such
communication would interfere, nor upon any inclined plane or bridge, nor in
any tunnel:

The persons making or using such branch railway shall be subject to all bye
laws and regulations of the company from time to time made with respect to
passing upon or crossing the railway and otherwise; and the persons making or
using such branch railways shall be bound to construct, and from time to time,
as need may require, to renew, the offset plates and switches, according to
the most approved plan adopted by the company, and under the direction of
their engineer.

And with respect to mines lying under or near the railway:

© 1845 Crown Copyright

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