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А

B I L

L,

INTITULED,

AN ACT for regulating the Gauge of Railways.

W

1.

ways
made.

VÉ RÉAS it is expedient to define the Gauge on which Preamble.

Railways shall be constructed ; BE it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and

Consent of the Lords Spiritual and Temporal, and Commons, in this 5 present Parliament assembled, and by the Authority of the same, THAT On what after the passing of this Act, it shall not be lawful (except as herein

Gauge Rail

shall be after excepted) to construct any Railway for the conveyance of passengers on any Gauge other than Four Feet Eight Inches and Half

an Inch in Great Britain, and Five Feet Three Inches in Ireland : 10 Provided always, That nothing hereinbefore contained shall be deemed

to forbid the maintenance and repair of any Railway constructed before the passing of this Act on any Gauge other than those hereinbefore specified, or to forbid the laying of new Rails on the same

Gauge on which such Railway is constructed within the Limits of 15 Deviation authorized by the several Acts under the authority of which

such Railways are severally constructed.

2.

certain Rail

And be it Enacted, That nothing hereinbefore contained shall apply Exception of to any Railway constructed or to be constructed under the pro- ways.

visions of any present or future Act containing any special enactment 20 defining the Gauge or Gauges of such Railway, or any part thereof,

or to any Railway which is in its whole length southward of the Great Western Railway, or to any Railway in any of the counties of Cornwall, Devon, Dorset or Somerset, for which any Act has been or shall be passed in this Session of Parliament, or to any Railway in any of the last-mentioned counties now in course of construction, or to the Two Railways severally to be constructed under the authority of Two

9 & 10 Vict.

9 & 10 Vict.

Acts passed in this Session of Parliament, severally intituled, “ An
Act for making a Railway from the Great Western Railway at West
Drayton to Uxbridge in Middlesex,” and “ An Act for making a
Railway from the Great Western Railway at Maidenhead in Berk-
shire to the Town of High Wycombe in the County of Buckingham;" 5
or to so much of an Act passed in this Session, intituled, “ An Act to
authorize certain Extensions of the Line of the Oxford, Worcester and
Wolverhampton Railway, and to amend the Act relating thereto," as
authorizes the construction of a Branch Railway from the Oxford,
Worcester and Wolverhampton Railway to the town of Witney, in 10
the county of Oxford; or to an Act passed or which may be passed in
this Session of Parliament, “ To authorize the Construction of a
Railway from Melin-y-Manach to Rhydydefydd, in the County of
Glamorgan.”

3. Certain Railways to be on the Broad Gauge. 8 & 9 Vict. c. cxc.

20

9 & 10 Vict.

And be it Enacted, That the several Railways authorized to be 15 constructed by an Act passed in the last Session of Parliament, intituled, “ An Act for making a Railway, to be called “The South Wales Railway;"” and by an Act also passed in the last Session of Parliament, intituled, “ An Act for making a Railway from Monmouth to Hereford, with Branches therefrom to Westbury, and to join the Forest of Dean Railway;" and by Two Acts passed in this Session of Parliament, severally intituled,

“ An Act for completing the Line of the South Wales Railway, and to authorize the Construction of an Extension and certain Alterations of the said Railway, and certain Branch Railways in connexion there with,” and “ An Act for 25 making a Railway Communication between the City of Bristol and the proposed South Wales Railway, in the County of Monmouth, with a Branch Railway therefrom,” shall be constructed on the Gauge of Seven Feet

9 & 10 Vict.

4. Gauge not to

And be it Enacted, That it shall not be lawful after the passing of 30 be altered.

this Act to alter the Gauge of any Railway used for the conveyance

of passengers. 5. Provision as

And be it Enacted, That nothing hereinbefore contained shall be to the Oxford deemed to affect the provisions of Two Acts passed in the last Session and Rugby, and Oxford, of Parliament respectively intituled, “ An Act for making a Railway 35 Worcester and Wolver- from the City of Oxford to the Town of Rugby,” and “ An Act for hampton Railways

making a Railway from Oxford to Worcester and Wolverhampton,” 8 & 9 Vict. c. clxxxviii. with respect to the Gauge on which they are to be formed, or the 8 & 9 Vict.

additional rails which, according to the several provisions of the last c. clxxxiv.

two recited Acts are to be or may be laid down and maintained on 40
the Railways thereby authorized, or with respect to the powers thereby
conferred on the Commissioners of Her Majesty's Privy Council for
Trade and Foreign Plantations concerning the construction and use of
the Railways thereby authorized.

And

Act.

6. And be it Enacted, That if any Railway used for the conveyance Penalty on of passengers shall be constructed or altered contrary to the provisions constructing

Railways conof this Act, the Company authorized to construct the Railway, or, in

trary to this the case of any demise or lease of such Railway, the Company for the 5 time being having the control of the Works of such Railway, shall

forfeit Ten Pounds for every Mile of such Railway which shall be so unlawfully constructed or altered, during every day that the same shall continue so unlawfully constructed or altered ; and in estimating the

amount of any such penalty any distance less than One Mile shall be 10 estimated as a Mile.

7. And be it Enacted, That, over and above the penalty hereinbefore Railways conprovided, if any Railway used for the conveyance of passengers shall trary to this

Act may be be constructed or altered contrary to the provisions of this Act, it abated.

shall be lawful for the Commissioners of Her Majesty's Woods, Forests, 15 Land Revenues, Works and Buildings, or for the Lords of the Com

mittee of Her Majesty's Privy Council for Trade and, Foreign Plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act, and to restore the site thereof to its former condition.

20

Penalties.

8. And be it Enacted, That all penalties under this Act may be rec:- Recovery of vered from the Company liable to pay acd make good the same, as, under the provisions of an Act passed in the last Session of Parliament, intituled, “ An Act for consolidating in One Act certain Provi- 8 & 9 Vict.

sions usually inserted in Acts authorizing the making of Railways, 25 a penalty for any infringement of the last-recited Act is recoverable

against a Company authorized to construct a Railway.

c. 20,

9. And be it Enacted, That this Act may be amended or repealed by Act may be

amended, &c. any Act to be passed in this Session of Parliament,

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