Railways Clauses Consolidation Act 1845
Railways Clauses Consolidation Act 1845 (1845 c. 20)
- Railways Clauses Consolidation Act 1845 (1845 c. 20)
- 1 Operation of this Act confined to future railways.
- Interpretations in this Act
- 2 “Special Act:”
- 3 Interpretations in this and the special Act:
- 4 Short title of the Act.
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Construction of railway
- 6 The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.
- 7 Errors and omissions in plans to be corrected.
- 8 Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
- 9 Clerks of the peace, &c. to receive plans of alterations, and allow inspection.
- 10 Copies of plans, &c. to be evidence.
- 11 Limiting deviation from datum line described on sections, &c.
- 12 Public notice to be given previous to making greater deviations.
- 13 Arches, tunnels, &c. to be made as marked on deposited plans.
- 14 Limiting deviations from gradients, curves, &c.
- 15 Lateral deviations.
- 16 Works to be executed.
- 17 Works below high-water mark not to be executed without the consent of the lords of the admiralty.
- 18 Alteration of water and gas pipes, &c.
- 19 Company not to disturb pipes until they have laid down others.
- 20 Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.
- 21 Company to make good all damage.
- 22 When railway crosses pipes, company to make a culvert.
- 23 Penalty for obstructing supply of gas or water.
- 24 Penalty for obstructing construction of railway.
- 25—29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Temporary use of lands
- 30 Company may occupy temporarily private roads within five hundred yards of the railway.
- 31 Power to owners and occupiers of road and land to object that other roads should be taken.
- 32 Power to take temporary possession of land without previous payment of price.
- 33 Company to give notice previous to such temporary possession.
- 34 Service of notices on owners and occupiers of lands.
- 35 Power to owner to object that other lands ought to be taken.
- 36 Power to two justices to order that the lands and materials shall not be taken.
- 37 Power to justices to order other lands to be taken.
- 38 Power to the justices to summon other owners before them.
- 39 The company to give sureties, if required.
- 40 Company to separate the lands before using them.
- 41 Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.
- 42 Owners of lands may compel company to purchase lands so temporarily occupied.
- 43 Compensation to be made for temporary occupation.
- 44 Compensation to be ascertained and applied under the Lands Clauses Act.
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Crossing of roads and construction of bridges
- 46 Crossing of roads.
- 47 Provision in cases where roads are crossed on a level.
- 48 As to crossing of turnpike roads adjoining stations.
- 49 Construction of bridges over roads.
- 50 Construction of bridges over railway.
- 51 The width of the bridges need not exceed the width of the existing road in certain cases.
- 52 Existing inclinations of roads crossed or diverted need not be improved.
- 53 Before roads interfered with, others to be substituted.
- 54 Penalty for not substituting a road.
- 55 Party suffering damage from interruption of road to recover in an action on the case.
- 56 Period for restoration of roads interfered with.
- 57 Penalty for failing to restore road.
- 58 Company to repair roads used by them.
- 59 Proceedings on application to justices to consent to level crossings of bridleways and footways.
- 60 Appeal against the determination of the justices.
- 61 Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
- 62 Justices to have power to order approaches and fences to be made to highways crossing on the level.
- 63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Construction of bridges
- 65 Justices to have power to order repair of bridges, &c.
- 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.
- 67 Authentication of certificates of the Board of Trade, service of notices, &c.
- Works for protection and accommodation of lands
- 68 Gates, bridges, &c.
- 69 Differences as to accommodation works to be settled by justices.
- 70 Execution of works by owners on default by the company.
- 71 Power to owners of land to make additional accommodation works.
- 72 Such works to be constructed under the superintendence of the company’s engineer.
- 73 Accommodation works not to be required after five years.
- 74 Owners to be allowed to cross the railway until accommodation works are made.
- 75 Penalty on persons omitting to fasten gates.
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Working of mines
- 77 Company not to be entitled to minerals, unless expressly purchased.
- 78 Conditions under which minerals under railway may be worked.
- 78A Compensation for leaving minerals unworked.
- 79 Power to work minerals not affected by a counter-notice.
- 79A Liability in respect of authorised workings.
- 79B Notices and accounts with respect to damage.
- 80 Rights of access through specified minerals.
- 81 Additional expenses for severance.
- 82 Compensation to surface owners.
- 83 Rights of inspection.
- 84 Penalty for refusal to allow inspection.
- 85 Protection against improper working.
- 85A Power to vary rights by agreement.
- 85B Savings.
- 85C Serving of notices, counter-notices, &c.
- 85D Interpretation.
- 85E Exemption from liability to leave support otherwise than under Act or agreement.
- Working of Mines [Editorial note: ss. 77-85 as originally enacted follow]
- 77 Company not to be entitled to minerals.
- 78 Mines lying near the railway not to be worked if the company willing to purchase them.
- 79 If company unwilling to purchase, owner may work the mines.
- 80 Mining communications.
- 81 Company to make compensation for injury done to mines;
- 82 and also for any airway or other work made necessary by the railway.
- 83 Power to company to enter and inspect the working of mines.
- 84 Penalty for refusal to inspect.
- 85 If mines improperly worked, the company may require means to be adopted for the safety of the railway.
- Passengers and goods on railways
- 86 Company to employ locomotive power, carriages, &c.
- 87 Company empowered to contract with other companies.
- 88 Contracts not to affect persons not parties thereto.
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 91—93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 Milestones.
- 95 †Tolls to be taken only whilst boards exhibited and milestones set up. Penalty for defacing, etc. milestones.
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 In default of payment of tolls, goods, &c. may be detained and sold.
- 98—102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 Penalty on passengers practising frauds on the company.
- 104 Detention of offenders.
- 105 Penalty for bringing dangerous goods on railway.
- 106—107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 108—111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Leasing of railway
- 112 Exercise of power to lease the railway.
- 113 Powers vested in the company may be exercised by the lessees.
- Carriages and engines
- 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 115 Engines to be approved by the company, and certificate of approval given.
- 116 Penalty for using improper engines.
- 117 Carriages to be constructed according to company’s regulations.
- 118 Regulations to apply also to company’s carriages.
- 119 Penalty for using improper carriages.
- 120 Owner’s name, &c. to be registered, and exhibited on carriages.
- 121 On non-compliance carriage may be removed.
- 122 Carriages improperly loaded, or suffered to obstruct the road, may be unloaded or removed.
- 123 Company not to be liable for damage by such unloading, &c.
- 124 Owners liable for damage done by their servants.
- 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Arbitration
- 126—137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 138 Service of notices upon company.
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Recovery of damages and penalties
- 140 Provision for damages not otherwise provided for.
- 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 142 Method of proceeding before justices in questions of damages, &c.
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 Penalty for defacing boards used for such publication.
- 145 Penalties to be summarily recovered before two justices.
- 146, 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 149 Distress not unlawful for want of form.
- 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 154 Transient offenders.
- 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 157—159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Access to special Act
- 162 Copies of special Act to be kept and deposited, and allowed to be inspected.
- 163 Penalty on company failing to keep or deposit such copies.
- 164 Act not to extend to Scotland.
- 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULES
- FIRST SCHEDULE Percentage of Contribution
- SECOND SCHEDULE Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings.
- THIRD SCHEDULE Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company
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