8 & 9 VICT. C. 20. may be paid out and applied under any order of the said Court of Chancery exempt from ushers' poundage. Access to special act. Copies of special act to be kept and allowed to be inspected. ACCESS TO SPECIAL ACT. And with respect to the provision to be made for affording access to the special act by all parties interested, be it enacted as follows: CLXII. The company shall at all times after the deposited, and expiration of six months after the passing of the special act keep in their principal office of business a copy of the special act, printed by the printers to Her Majesty, or some of them; shall also within the space of such six months deposit in the office of each of the clerks of the peace of the several counties into which the works shall extend a copy of such special act, so printed as aforesaid; and the said clerks of the peace shall receive, and they and the company respectively shall retain, the said copies of the special act, and shall permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an act passed in the first year of the 7 Will. IV. & 1 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" (a). Vict, c. 83. Penalty on com pany failing to such copies. (a) See this act in the Appendix, p. i. CLXIII. If the company shall fail to keep or deposit, keep or deposit as hereinbefore mentioned, any of the said copies of the special act, they shall forfeit twenty pounds for every such offence, and also five pounds for every day afterwards during which such copy shall be not so kept or deposited. Act not to extend to Scotland. Act may be amended this session. CLXIV. And be it enacted, That this act shall not extend to Scotland. CLXV. And be it enacted, That this act may be amended or repealed by any act to be passed in the present session of Parliament. Form of Conviction. SCHEDULE referred to by the foregoing Act. 463 8 & 9 VICT. c. 20. To wit. Be it remembered, That on the the year of our Lord day of in A. B. is convicted before us, C. D., two of Her Majesty's Justices of the Peace for the county of [here describe the offence generally, and the time and place when and where committed,] contrary to the [here name the special act.] Given under our hands and seal, the day and year first above written. 26 & 27 VICT. C. 92. Short title. Division of act into parts. THE RAILWAYS CLAUSES ACT, 1863. (26 & 27 VICT. c. 92.) An Act for consolidating in one Act certain provisions frequently inserted in Acts relating to railways.-[28th July 1863.] WHEREAS the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, respectively, were passed in order to comprise in one general act such provisions relating to railways in England or Ireland, or in Scotland, respectively, as were at the times of the passing of those acts usually introduced into acts of Parliament authorising the construction of rail ways: And whereas sundry provisions of the like nature, but not comprised in the said general acts respectively, are now frequently introduced into acts of Parliament relating to railways, and it is expedient to comprise such last-mentioned provisions also in one general act, such act to be applicable to England or Ireland, or to Scotland, as the case may require, and that as well for the purpose of avoiding the necessity of repeating such provisions in special acts relating to railways, as for insuring greater uniformity in the provisions themselves: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. This act may be cited as the Railways Clauses Act, 1863. II. This act shall be deemed to be divided into five parts, as follows: Part I. relating to construction of a railway: Part I. and III. This part of this act shall apply to the railway Application of authorised to be constructed by any special act hereafter interpretation of passed and incorporating this part of this act. In this part of this act All terms used have the same meanings as the same The term "tidal water" means any part of the sea or The term "tidal lands" means such parts of the bed, The provisions respecting the recovery of penalties contained in the said Railways Clauses Consolidation Acts respectively, as the case may require, shall be incorporated with this part of this act. Alteration of Engineering Works. terms. works. IV. Notwithstanding anything in the said Railways Power to alter Clauses Consolidation Acts, respectively, contained, the engineering company, in the construction of the railway, may deviate from the line or level of any arch, tunnel, or viaduct described on the deposited plans or sections, so as the deviation be made within the limits of deviation shown on those plans, and subject to the limitations contained in ss. 11, 12, and 15 of those acts respectively (a), and so as c. 92, 26 & 27 VICT. the nature of the work described be not altered,-and may also substitute any engineering work not shown on the deposited plans or sections, for an arch, tunnel, or viaduct, as shown thereon; provided that every such substitution be authorised by a certificate of the Board of Trade; and the Board of Trade may grant such certificate in case it appears to them, on due inquiry, that the company has acted in the matter with good faith, and that the owners, lessees, and occupiers of the lands in which the substitution is intended to be made consent thereto, and also that the safety and convenience of the public will not be diminished thereby. Trains not to be shunted over level crossings. Company to erect lodge at Provided, that nothing in the present section shall affect any power given to the company or to the Board of Trade by section eleven, twelve, fourteen, or fifteen (a) of the last-mentioned acts respectively. (a) See ante, pp. 325-331. Level Crossings. V. Where the company is authorised by the special act to carry the railway across a turnpike road or public carriage-road on a level (a), it shall not be lawful for the company in shunting trains to pass any train over the level crossing, or at any time to allow any train, engine, carriage, or truck to stand across the same. (a) See ante, p. 360. VI. For the greater convenience and security of the point of crossing. public, the company shall erect and permanently maintain a lodge at the point where the railway crosses on the level the turnpike road or public carriage-road; and the company shall be subject to and shall abide by all such regulations with regard to the crossing thereof on the level, or with regard to the speed at which trains may pass the level crossing, as may from time to time be made by the Board of Trade. If the company fails to erect, or to maintain, such lodge, or to appoint or keep a proper person to watch or superintend the level crossing, or to observe or abide by any such regulation as aforesaid, they shall for every such offence be liable to a penalty not exceeding twenty pounds, and also to a penalty of ten pounds for every day during |