8 & 9 Vior. c. 20. Brine v. Great Western Railway Co., 31 L. J. (Q. B.) 101; see Lavrence v. Great Northern Railway Co., 16 Q. B. 643; Clothier v. Webster, 31 L. J. (C. P.) 316; Chamberlaine v. Chester, &c., Railway Co, 1 Exch. 870.) See the notes to s. 16, post. method of construction of Duty of company If a company, in the construction of a bridge over their line, to employ best employ a person who is fully competent to do the work, and the best method is adopted, and the best materials are used, they will not be responsible for injuries sustained by the falling of the bridge on a passenger; but if they fail in any of these respects, they will be liable (Grote v. Chester and Holyhead Railway Co., 2 Exch. 251.) works. Negligence of workmen employed by contractor. Errors and omis be corrected. Where, however, a company employed a contractor to build a viaduct over a road, and some workmen employed by the contractor in the execution of the works forced a block of stone off the parapet, which killed a man, it was held that the company could not be made liable for the negligent act of the workmen (Reedie v. London and North-Western Railway Co., 4 Exch. 244; 20 L. J. (Ex.) 65; 6 R. C. 184.) See further on this subject of negligence, notes to ss. 86, 88, 89, post. VII. If any omission, mis-statement, or erroneous desions in plans to scription shall have been made of any lands, or of the owners, lessees, or occupiers of any lands, described on the plans or books of reference (a) mentioned in the special act, or in the schedule to the special act, it shall be lawful for the company, after giving ten days' notice to the owners of the lands affected by such proposed correction, to apply to two justices for the correction thereof; and if it shall appear to such justices that such omission, mis-statement, or erroneous description arose from mistake, they shall certify the same accordingly, and they shall in such certificate (b) state the particulars of any such omission, and in what respect any such matter shall have been mis-stated or erroneously described; and such certificate shall be deposited with the clerks of the peace of the several counties in which the lands affected thereby shall be situate, and shall also be deposited with the parish clerks of the several parishes in England, and with the postmasters of the post towns in or nearest to such parishes in Ireland, in which the lands affected thereby shall be situate; and such certificate shall be kept by such clerks of the peace, parish clerks, and postmasters respectively, along with the other documents to which they relate; and thereupon such plan, book of reference, or schedule shall be deemed to be corrected according to such certificate; and it shall be lawful for the company to make the works in accordance with such certificate. (a) The plans deposited under the standing orders are not to be 8 & 9 VICT. C. 20. regarded as binding upon the company, except so far as the repre- How far desentations they contain are afterwards incorporated in and made posited plans are part of the act of Parliament: (North British Railway Co. v. Tod, binding. 12 Cl. & Fin. 722; 4 R. C. 449; Beardmer v. London and NorthWestern Railway Co., 1 M'N. & G. 112; 18 L. J. (Ch.) 432; R. See also datum line, not surface levels. v. Caledonian Railway Co., 16 Q. B. 19; 20 L. J. (Q. B.) 147.) The Plans settle plans determine only the datum line, and the line of railway measured with reference to it, not the surface levels: (Ibid. Feoffees of Heriot's Hospital v. Gibson, 2 Dow, 301; Squire v. Campbell, 1 My. & Cr. 459.) And an injunction cannot be obtained Incorrect plans. though the deposited plans are so incorrect as altogether to mislead the owner of the lands with reference to the manner in which his property would be affected by the railway works: (North British Railway Co. v. Tod, ubi supra.) Upon this principle a railway company was not restrained from Change of plan making their railroad nearer to the plaintiff's lodge, and on another with regard to level than was shown upon the plan exhibited to him: (North British Railway Co. v. Tod, 12 Cl. & Fin. 722.) levels. works under s. 16. For similar reasons, the raising of a bridge over a street to a Alterations with higher level than that appearing on the plans being proposed, an reference to injunction was granted, the plans not being considered as necessary to be referred to in regard to collateral works to be constructed under s. 16 of the Railway Clauses Act: (Beardmer v. London and North-Western Railway Co., 1 M'N. & G. 112; 1 H. & T. 161; 13 Jur. 327; 18 L. J. (Ch.) 432.) to divert a road. The deposited plans and sections confer no authority to divert a Deposited plans road (Attorney-General v. Great Northern Railway Co., 4 De G. & give no authority S. 75.) "A memorandum of an intention to divert a road, however clearly it may be expressed in the deposited plans, does not amount to a parliamentary licence to divert or alter the road :" (Per Blackburn, J., Reg. v. Wycombe Railway Co., 2 L. R. (Q. B.) 322; 36 L. J. (Q. B.) 121; 15 W. Ř. 489; 15 L. T. N. S. 610.) See notes to s. 16, post. Corrections of the plans are likewise unnecessary where devia- Correction of tions have become indispensable: (Breynton v. London and North- plans. Western Railway Co., 10 Bea. 238; 4 R. C. 553; 11 Jur. 28.) ing. But where a special act expressly provides that the works are where plans to be made "in the lines and upon the lands" delineated on a plan, specifically bindand describes the plan showing the lines, with a section showing the levels, it is a clear indication that the works are to be executed upon the lines and according to the levels which the promoters have themselves proposed in their deposited plans and sections: (Ware v. Regent's Canal Co., 3 De G. & J. 212.) (6) As to the form of the justices' certificate, see Taylor v. Clem- Form of cerson, 2 Q. B. 978; 11 Cl. & Fin. 610; 3 R. C. 65. tificate. mistake, justices must certify. It seems that if the justices are satisfied that the omission, &c., If omission by arose from mistake, they are bound to certify, and may be compelled to do so by mandamus: (Ex parte Central Wales Railway Co., Q. B.) Mich. T. 1864, referred to in Hodges on Railways, p. 356, 4th edit.) The fact that certain intermediate lessees had received no notice Erroneous d of the proposed railway before the passing of the act, was held not scription in plans. to prevent the company from taking the land; nor was the case 8 & 9 VICT. c. 20. considered within the operation of this section, the meaning of which was declared to be, that where there is such an erroneous description that the company cannot act on their general empowering clauses, because they cannot satisfy persons that the land in question was described in the plan and book of reference, they may go before a magistrate to get that state of things corrected: (Kemp v. West End, &c., Railway Co., 1 K. & J. 681.) Clerks of the peace, &c., to VIII. It shall not be lawful for the company to proceed in the execution of the railway unless they shall have previously to the commencement of such work deposited with the clerks of the peace of the several counties in or through which the railway is intended to pass a plan and section of all such alterations from the original plan and section as shall have been approved of by Parliament, on the same scale and containing the same particulars as the original plan and section of the railway, and shall also have deposited with the clerks of the several parishes in England, and the postmasters of the post-towns in or nearest to such parishes in Ireland, in or through which such alterations shall have been authorised to be made, copies or extracts of or from such plans and sections as shall relate to such parishes respectively. See notes to preceding section. IX. The said clerks of the peace, parish clerks, and receive plans of postmasters shall receive the said plans and sections of alterations, and alterations, and copies and extracts thereof respectively, allow inspection. and shall retain the same, as well as the said original plans and sections, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of the original plans and sections by an act passed in the first year of the 7 Will. 4 & 1 Vict, reign of her present Majesty, intituled, "An Act to compel clerks of the peace for counties and other persons to take the custody of such documents as shall be directed to be deposited with them under the standing orders of either House of Parliament." c. 83. Copies of plans, &c., to be evidence. See s. 16 of the Companies Clauses Act, and s. 150 of the Lands Clauses Act, ante, and the notes thereto. X. True copies of the said plans and books of reference, or of any alteration or correction thereof, or extract there Deviation from Datum Line Limited. 325 from, certified by any such clerk of the peace, which cer- 8 & 9, VICT. C. 20. tificate such clerk of the peace shall give to all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof. tion from datum! XL. In making the railway it shall not be lawful for the Limiting deviacompany to deviate from the levels of the railway, as line described on referred to the common datum line (a) described in the sections, &c. section approved of by Parliament, and as marked on the same, to any extent exceeding in any place five feet, or, in passing through a town (b), village, street, or land continuously built upon, two feet, without the previous consent in writing of the owners or occupiers of the land in which such deviation is intended to be made; or in case any street or public highway shall be affected by such deviation, then the same shall not be made without the like consent of the trustees or commissioners having the control of such street or public highway, or, if there be no such trustees or commissioners, without the like consent of two or more justices of the peace in petty sessions assembled for that purpose, and acting for the district in which such street or public highway may be situated, or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gas-works, or water-works affected by such deviation: Provided always, that it shall be lawful for the company to deviate from the said levels to a further extent without such consent as aforesaid, by lowering solid embankments or viaducts, provided that the requisite height of headway as prescribed by act of Parliament be left for roads, streets, or canals passing under the same: Provided also, that notice of every petty sessions to be holden for the purpose of obtaining such consent of two justices as is hereinbefore required shall, fourteen days previous to the holding of such petty sessions, be given in some newspaper circulating in the county, and also be affixed upon the door of the parish church in which such deviation or alteration is intended to be made, or, if there be no church, some other place to which notices are usually affixed. (a) According to this section it will be seen that the prescribed Prescribed levels levels refer not to the surface levels, but to the datum line and the refer to datum line, and not to line of railway measured and ascertained with reference to its distance surface levels. from the datum line: (North British Railway Co. v. Tod, 12 Cl. 8 & 9 VICT. C. 20. & Fin. 722: 5 Bell, 184; 4 R. C. 449; Beardmer v. London and North-Western Railway Co., 1 M'N. & G. 112; 1 H. & T. 161; 18 L. J. (Ch.) 432; 13 Jur. 327.) Deviations from surface levels. road: A landowner was, therefore, not allowed to interfere with a railway company, who, instead of adhering to their plans, which showed Raising level of a bridge raising the level of a road only two feet, and a cutting fifteen feet deep, were about to make the cutting sixty-one feet nearer the plaintiff's house, and the bridge seventeen feet high: (North British Railway Co. v. Tod, 12 Cl. & Fin. 722; 5 Bell, 184 ; 4 R. C. 449.) Of a bridge over a street. Binding force of plans and sections. Lateral devia Similarly, no injunction was granted to restrain the raising of a bridge over a street to a level higher than that appearing on the plans (Beardmer v. London and North-Western Railway Co., 1 M'N. & G. 112; 1 H. & T. 161; 18 L. J. (Ch.) 432; 13 Jur. 327.) The extent to which the deposited plans and sections are binding on the company is shown by the cases cited under s. 7, supra, p. 323. If sections as well as plans be deposited, both will be held to be tions where sec- incorporated in the special act, and to allow a vertical as well as a lateral deviation to the works: (Ware v. Regent's Canal Co., 3 De G. & J. 212; 23 Bea. 575; 28 L. J. (Ch.) 153.) tions as well as plans are deposited. Prescribed time for deviations. Extension of time by subsequent act. Acquiescence in cases of excessive deviation. Meaning of word "town." Public notice to be given pre vious to making greater devia tions. If the special act prescribes a time within which any deviations may be made, the railway company are bound to make them within the prescribed period. But if a railway act allows a space of two years for making deviations, and none are made until after that time, but an extension act gives another year for the construction of the railway, it seems that the company would have an additional year for making deviations: (River Dun Navigation Co. v. North Midland Railway Co., 1 R. C. 135.) See also s. 123 of the Lands Clauses Act, 1845, ante, p. 288. Excessive lateral deviation was not restrained by injunction where it appeared that the plaintiff was cognisant of the intended devia tion, and acquiesced in it: (Hopkins v. Great Northern Railway Co., 11 L. T. 306.) space (b) The word "town" in this section, as interpreted by the Court of Exchequer, (Elliot v. South Devon Railway Co., 2 Exch. 725; 5 R. C. 500,) means a collection of inhabited houses so near to each other that they may reasonably be said to be continuous; and the term, according to the same authority, will include a of open ground surrounded by continuous houses, and seemingly all open spaces occupied as mere accessories to such houses, although not so surrounded. (See also Reg. v. Cottle, 16 Q. B. 412, and ante, p. 295.) In the former case, (which was the trial of an issue whether a railway was passing through a "town" within the meaning of this section,) it was held a misdirection on the part of the judge to have merely told the jury that the word "town" was to be understood in its ordinary and popular sense, instead of giving such a definition as would have guided them in deciding the particular issue before them. XII. Before it shall be lawful for the company to make any greater deviation from the level than five feet, or, in |