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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 78

Mines lying near the railway not to be worked if the company are willing to make compensation for them.

78. If the owner, lessee, or occupier of any mines or minerals lying under
the railway, or any of the works connected therewith, or within the prescribed
distance, or, where no distance shall be prescribed, forty yards therefrom, be
desirous of working the same, such owner, lessee, or occupier shall give to
the company notice in writing of his intention so to do, thirty days before
the commencement of working; and upon the receipt of such notice it shall be
lawful for the company to cause such mines to be inspected by any person
appointed by them for the purpose; and if it appear to the company that the
working of such mines or minerals is likely to damage the works of
the railway, and if the company be willing to make compensation for such mines
or any part thereof to such owner, lessee, or occupier thereof, then he shall
not work or get the same; and if the company, and such owner, lessee, or
occupier, do not agree as to the amount of such compensation, the same shall
be settled as in other cases of disputed compensation.

© 1845 Crown Copyright

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