5 For the purpose of forming roads thereon to or from or by the side of the Railway; And in exercise of the powers aforesaid, it shall be lawful for the Company to deposit, and also to manufacture and work upon such lands materials of every kind used in constructing the Railway; and also to dig and take from out of any such lands any clay, stone, gravel, sand or other things that may be found therein useful or proper for constructing the Railway or any such roads as aforesaid; and for the purposes aforesaid to erect thereon workshops, sheds and 10 other buildings of a temporary nature. In case any such lands shall be required for spoil-banks or for side-cuttings, or for obtaining materials for the construction or repair of the Railway, the Company shall, before entering thereon (except in the case of accident to the Railway requiring imme15 diate reparation, and also except in any case in which they shall have deposited the value of such lands in manner hereinafter mentioned) give Three Weeks' notice in writing to the owners and occupiers of such lands of their intention to enter upon the same for such purposes; and in case the said lands are required for any 20 of the other purposes hereinbefore mentioned, the Company shall (except in the cases aforesaid) give Ten Days' like notice thereof; and the Company shall in such notices respectively state the substance of the provisions hereinafter contained respecting the right of such owner or occupier to require the Company to purchase any such 25 lands, or to receive compensation for the temporary occupation thereof, as the case may be. 22. Power to owner to object that ough tto be In any case in which a notice of Three Weeks is herein before required to be given, it shall be lawful for the owner or occupier of the lands therein referred to, within Ten Days after the other Lands 30 service of such notice, to object to the Company making use taken. of such lands, on the ground that other lands lying contiguous or near thereto, and being sufficient in quantity, and such as the Company are hereinbefore authorized to use for the purposes aforesaid, would be more fitting to be used for such purposes 35 by the Company; and in such case, if the Company shall refuse to occupy such other lands in lieu of those mentioned in the notice, it shall be lawful for any Justice, on the application of such owner or occupier, to summon the Company and the owners and occupiers of such other lands to appear before Two Justices at a time and place 40 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 5. B 2 23. Power to the Justices to summon other owners before them. 24. The Company to give sureties, if required. 25. Company to be allowed to enter on lands immediately on making deposit by way of security, and giving bond. 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. 5 10 If it shall appear to such Justices, upon the inquiry before them, that the lands of any other party not summoned before them, being sufficient in quantity, and such as the Company are hereinbefore 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 15 for the purposes aforesaid, and to authorize the Company to occupy and use the same accordingly. 20 Before entering, under the provisions herein before contained, 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 hereinbefore 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 25 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. Provided always, That it shall be lawful for the Company if they think fit, without giving such notice as herein before required, to 30 deposit in the Bank, by way of security, the full value of the lands intended to be entered upon for any of the purposes aforesaid, or the value of the interest therein, belonging to or capable of being sold and conveyed by any party who shall not consent to such entry, such value to be ascertained, in case the parties differ, by a Surveyor to be appointed 35 by Two Justices in the manner provided by the Lands Clauses Consolidation Act, 1845, in the case of parties who cannot be found, and also to give to such non-consenting party a bond with Two sufficient sureties, to be approved by Two Justices, in case the parties differ, in a penal sum equal to the sum so to be deposited, conditioned for the payment to such party or deposit in the Bank, for the benefit of the parties interested, as the case may require, of all such compen 40 5 sation as may in manner hereinafter mentioned become payable by the of of The money so deposited shall be dealt with in the like manner in all respects as is provided in the like cases of deposits by way 10 security in the said Lands Clauses Consolidation Act. 15 Before the Company shall use any such lands for any of the purposes aforesaid, they shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto. In all cases in which the Company shall, in exercise of the powers aforesaid, enter upon any lands for the purpose of making spoil-banks or side-cuttings thereon, or for obtaining there from materials for the construction or repair of the Railway, it shall be lawful for the owners or occupiers of such lands or parties having such estates or inter20 ests therein as, under the provisions in the Special 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 25 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 their estate or interest in such lands, and the amount of their claim in respect thereof; and the .30 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. $35 In any of the cases aforesaid, where the Company shall not be required to purchase such lands, and in all other cases where they shall take temporary possession of lands by virtue of the powers 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, and to agree with the 40 owner or occupier thereof for the payment of an annual sum by way of rent during the occupation thereof, and 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 5. B 3 Act 30. Compensation to be ascer tained under the Lands Clauses Act. 31. Land to be taken for additional stations, &c. 32. Crossing of 33. Provision in cases where Roads are level. Act limited for the completion of the Railway, to pay to such owner and occupier, or to deposit in the Bank for the benefit of all parties interested, as the case may require, compensation for any permanent damage or injury that may have been done to the said lands in the exercise of the powers herein or in the Special Act granted. The provisions of the said Lands Clauses Consolidation Act and the special Act shall be applicable for determining the amount and application of the purchase-money, annual rent and other compensation payable by the Company in any of the cases aforesaid. 5 And be it Enacted, That it shall be lawful for the Company, in 10 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) 15 For the purpose of making and providing additional stations, For the purpose of making convenient roads or ways to the Rail- AND with respect to the crossing of roads, or other interference 25 therewith; BE it Enacted, as follows: If the line of the Railway cross any turnpike road or public carriage-road, 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 30 and width and with the ascent or descent by this or the Special Act in that behalf provided; and such bridge and other necessary works connected therewith shall be executed at the expense of the Company. If the Railway cross any turnpike road or public carriage road 35 on a level, the Company shall erect, and at all times maintain good crossed on a 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 5 along the same shall have to cross such Railway; and such gates shall be of such dimensions, and so constructed, as, when closed, to fence in the Railway, and prevent cattle or horses passing along the road from entering upon the Railway; and the person entrusted 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 10 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 15 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 to the gates being kept closed across the road. Where the Railway crosses any turnpike road on a level adjoining to a station, all trains on the Railway shall be made to slacken their 20 speed before arriving at such turnpike road, and shall not cross the same at any greater rate of speed than Four 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. 25 30 35 40 Every bridge to be erected for the purpose of carrying the Railway over any road shall (except where otherwise provided by the Special Act) be built in conformity with the following regulations; (that is to say) 5. The width of the arch shall be such as to leave thereunder a clear The clear height of the arch from the surface of the road shall The clear height of the arch for a space of Nine Feet shall not be The descent under the bridge shall not exceed One Foot in Thirty |