Use of Lands. Temporary a Time and Place to be named in such Summons, such Time not being more than Fourteen Days after such Application nor less than Seven Days from the Service of such Summons; and on the Appearance of the Parties, or, in the Absence of any of them, upon Proof of due Service of the Summons, it shall be lawful for such Justices to determine summarily which of the said Lands shall be used by the Company for the Purposes aforesaid, and to authorize the Company to occupy and use the same accordingly. Power to the summon XXXVIII. If in the Case last mentioned it shall appear to such Justices to Justices, upon the Inquiry before them, that the Lands of any other other Owners Party not summoned before them, being sufficient in Quantity, and before them. such as the Company are herein-before authorized to take or use for the Purposes aforesaid, would be more fitting to be used by the Company than the Lands of the Person who shall have been so summoned as aforesaid, it shall be lawful for the said Justices to adjourn such Inquiry, and to summon such other Person to appear before them at any Time, not being more than Fourteen Days from such Inquiry nor less than Seven Days from the Service of such Summons; and on the Appearance of the Parties, or, in the Absence of any of them, on Proof of due Service of the Summons, it shall be lawful for such Justices to determine finally which Lands shall be used for the Purposes aforesaid, and to authorize the Company to occupy and use the same accordingly. The Com Sureties, if required. XXXIX. Before entering, under the Provisions herein-before conpany to give tained, upon any such Lands as shall be required for Spoil Banks or for Side Cuttings, or for obtaining Materials or forming Roads as aforesaid, the Company shall, if required by the Owner or Occupier thereof, Seven Days at least before the Expiration of the Notice to take such Lands as herein-before mentioned, find Two sufficient Persons, to be approved of by a Justice, in case the Parties differ, who shall enter into a Bond to such Owner or Occupier in a Penalty of such Amount as shall be approved of by such Justice, in case the Parties differ, conditioned for the Payment of such Compensation as may become payable in respect of the same in manner herein mentioned. Company to XL. Before the Company shall use any such Lands for any of separate the the Purposes aforesaid they shall, if required so to do by the Owner Lands before or Occupier thereof, separate the same by a sufficient Fence from the using them. Lands adjoining thereto, with such Gates as may be required by the said Owner or Occupier for the convenient Occupation of such Lands, and shall also, to all private Roads used by them as aforesaid, put up Fences and Gates in like Manner, in all Cases where the same may be necessary to prevent the straying of Cattle from or upon the Lands traversed by such Roads, and in case of any Dif ference between the Owners or Occupiers of such Roads and Lands and the Company as to the Necessity for such Fences and Gates, such Fences and Gates as any Two Magistrates shall deem necessary for the Purposes aforesaid, on Application being made to them in like Manner as herein-before is provided in respect to the Use of such Roads. XLI. That t XLI. That if any Land shall be taken or used by the Company, Lands taken under the Provisions of this or the special Act, for the Purpose of for getting Materials, getting Materials therefrom for the Construction or Repair of the &c. to be Railway, or the Accommodation Works connected therewith, they worked as shall work the same in such Manner as the Surveyor or Agent of the the Surveyor Owner of such Land shall direct, or, in case of Disagreement between such Surveyor or Agent and the Company, in such Manner as any Justice shall direct, on the Application of either Party, after Notice of the hearing the Application shall have been given to the other Party. of Owner may direct. pany to pur XLII. In all Cases in which the Company shall in exercise of the Owners of Powers aforesaid enter upon any Lands for the Purpose of making Lands may Spoil Banks or Side Cuttings thereon, or for obtaining therefrom compel ComMaterials for the Construction or Repair of the Railway, it shall be chase Lands lawful for the Owners or Occupiers of such Lands, or Parties having so temporasuch Estates or Interests therein as, under the Provisions in the said rily occupied. Lands Clauses Consolidation Act mentioned, would enable them to sell or convey Lands to the Company, at any Time during the Possession of any such Lands by the Company, and before such Owners or Occupiers shall have accepted Compensation from the Company in respect of such temporary Occupation, to serve a Notice in Writing on the Company requiring them to purchase the said Lands, or the Estates and Interests therein capable of being sold and conveyed by them respectively; and in such Notice such Owners or Occupiers shall set forth the Particulars of such their Estate or Interest in such Lands, and the Amount of their Claim in respect thereof; and the Company shall thereupon be bound to purchase the said Lands, or the Estate and Interest therein capable of being sold and conveyed by the Parties serving such Notice. temporary Occupation. 1 XLIII. In any of the Cases aforesaid, where the Company shall not Compensabe required to purchase such Lands, and in all other Cases where tion to be they shall take temporary Possession of Lands by virtue of the Powers made for herein or in the special Act granted, it shall be incumbent on the Company, within One Month after their Entry upon such Lands, upon being required so to do, to pay to the Occupier of the said Lands the Value of any Crop or Dressing that may be thereon, as well as full Compensation for any other Damage of a temporary Nature which he may sustain by reason of their so taking possession of his Lands, and shall also from Time to Time during their Occupation of the said Lands pay half-yearly to such Occupier or to the Owner of the Lands, as the Case may require, a Rent to be fixed by Two Justices, in case the Parties differ, and shall also within Six Months after they shall have ceased to occupy the said Lands, and not later than Six Months after the Expiration of the Time by the special Act limited for the Completion of the Railway, pay to such Owner and Occupier, or deposit in the Bank for the Benefit of all Parties interested, as the Case may require, Compensation for all permanent or other Loss, Damage, or Injury that may have been sustained by them by reason of the Exercise, as regards the said Lands, of the Powers herein or in the special Act granted, including 5 A the Temporary the full Value of all Clay, Stone, Gravel, Sand, and other Things taken from such Lands. Use of Lands. Compensa tion to be ascertained under the XLIV. The Amount and Application of the Purchase Money and other Compensation payable by the Company in any of the Cases aforesaid shall be determined in the Manner provided by the said Lands Clauses Consolidation Act for determining the Amount and Clauses Act. Application of the Compensation to be paid for Lands taken under the Provisions thereof. Lands Crossing of Roads, and Construction XLV. And be it enacted, That it shall be lawful for the Company, in addition to the Lands authorized to be compulsorily taken by them under the Powers of this or the special Act, to contract with any Party willing to sell the same for the Purchase of any Land adjoining or near to the Railway, not exceeding in the whole the prescribed Number of Acres for extraordinary Purposes; (that is to say,) r For the Purpose of making and providing additional Stations, Yards, Wharfs, and Places for the Accommodation of Passengers, and for receiving, depositing, and loading or unloading Goods or Cattle to be conveyed upon the Railway, and for the Erection of Weighing Machines, Toll Houses, Offices, Warehouses, and other Buildings and Conveniences :: For the Purpose of making convenient Roads or Ways to the Railway, or any other Purpose which may be requisite or convenient for the Formation or Use of the Railway. And with respect to the crossing of Roads, or other Interference of Bridges. therewith, be it enacted as follows: Crossing of Provision in Roads are Level. XLVI. If the Line of the Railway cross any Turnpike Road or public Highway, then (except where otherwise provided by the special Act) either such Road shall be carried over the Railway, or the Railway shall be carried over such Road, by means of a Bridge, of the Height and Width and with the Ascent or Descent by this or the special Act in that Behalf provided; and such Bridge, with the immediate Approaches, and all other necessary Works connected therewith, shall be executed and at all Times thereafter maintained at the Expence of the Company: Provided always, that, with the Consent of Two or more Justices in Petty Sessions, as after mentioned, it shall be lawful for the Company to carry the Railway across any Highway, other than a public Carriage Road, on the Level. 1 XLVII. If the Railway cross any Turnpike Road or public Carriage Cases where Road on a Level, the Company shall erect and at all Times maintain crossed on a 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 Crossing of Roads, and Construction of Bridges. 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 Forty Shillings 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 5 of boĂ to the Gates being kept closed across the Road. . XLVIII. Where the Railway crosses any Turnpike Road on a As to crossLevel adjoining to a Station, all Trains on the Railway shall be ing of Turnmade to slacken their Speed before arriving at such Turnpike Road, adjoining pike Roads and shall not cross the same at any greater Rate of Speed than Four Stations. Miles an Hour; and the Company shall be subject to all such Rules and Regulations with regard to such Crossings as may from Time to Time be made by the Board of Trade. over Roads. XLIX. Every Bridge to be erected for the Purpose of carrying Construction the Railway over any Road shall (except where otherwise provided of Bridges by the special Act) be built in conformity with the following Regulations; (that is to say,) The Width of the Arch shall be such as to leave thereunder a clear Space of not less than Thirty-five Feet if the Arch be over a Turnpike Road, and of Twenty-five Feet if over a public Carriage Road, and of Twelve Feet if over a private Road: The clear Height of the Arch from the Surface of the Road shall not be less than Sixteen Feet for a Space of Twelve Feet if the Arch be over a Turnpike Road, and Fifteen Feet for a Space of Ten Feet if over a public Carriage Road; and in each of such Cases the clear Height at the springing of the Arch shall not be less than Twelve Feet: 5 to 99 55qzd od 18 The clear Height of the Arch for a Space of Nine Feet shall not be less than Fourteen Feet over a private Carriage Road: Do The Descent made in the Road in order to carry the same under the Bridge shall not be more than One Foot in Thirty Feet if the Bridge be over a Turnpike Road, One Foot in Twenty Feet ourif over a public Carriage Road, and One Foot in Sixteen Feet if mover a private Carriage Road, not being a Tramroad or Railroad, ad or if the same be a Tramroad or Railroad the Descent shall not bosora In begg greater than the prescribed Rate of Inclination, and if no Rate be prescribed the same shall not be greater than as it existed at the passing of the special Act. L. Every Bridge erected for carrying any Road over the Railway Construction shall (except as otherwise provided by the special Act) be built in of Bridges conformity with the following Regulations; (that is to say,) over Rail There way. Crossing of Roads, and Construction of Bridges. The Width of There shall be a good and sufficient Fence on each Side of the The Road over the Bridge shall have a clear Space between the The Ascent shall not be more than One Foot in Thirty Feet if the LI. Provided always, That in all Cases where the average availthe Bridges able Width for the Passage of Carriages of any existing Roads need not ex- within Fifty Yards of the Points of crossing the same is less than the Width of the Width herein-before prescribed for Bridges over or under the RailRoad in cer- way, the Width of such Bridges need not be greater than such ceed the tain Cases. of Roads crossed or diverted need not be improved. average available Width of such Roads, but so nevertheless that such Bridges be not of less Width, in the Case of a Turnpike Road or public Carriage Road, than Twenty Feet: Provided also, that if at any Time after the Construction of the Railway the average available Width of any such Road shall be increased beyond the Width of such Bridge on either Side thereof, the Company shall be bound, at their own Expence, to increase the Width of the said Bridge to such Extent as they may be required by the Trustees or Surveyors of such Road, not exceeding the Width of such Road as so widened, or the maximum Width herein or in the special Act prescribed for a Bridge in the like Case over or under the Railway. Existing LII. Provided also, That if the mesne Inclination of any Road Inclinations within Two hundred and fifty Yards of the Point of crossing the same, or the Inclination of such Portion of any Road as may require to be altered, or for which another Road shall be substituted, shall be steeper than the Inclination herein-before required to be preserved by the Company, then the Company may carry any such Road over or under the Railway, or may construct such altered or substituted Road at an Inclination not steeper than the said mesne Inclination of the Road so to be crossed, or of the Road so requiring to be altered, or for which another Road shall be substituted. Before fered with, others to be substituted. LIII. If, in the Exercise of the Powers by this or the special Act Roads inter- granted, it be found necessary to cross, cut through, raise, sink, or use any Part of any Road, whether Carriage Road, Horse Road, Tramroad, or Railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to Passengers or Carriages, or to the Persons entitled to the Use thereof, the Company shall, before the Commencement of any such Operations, 10 |