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7. And be it enacted, That every railway company Accidents. shall, within forty-eight hours after the occurrence upon the railway belonging to such company of any accident when atattended with serious personal injury to the public using personal the same, give notice thereof to the lords of the said cominjury, nomittee; and if any company shall wilfully omit to give tice of, to such notice, every such company shall forfeit to her Majesty be given to the sum of five pounds for every day during which the Board of omission to give the same shall continue; and every Trade. such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of the sheriffs' courts in Scotland.

whether at

tended with

8. And be it enacted, That the lords of the said com- Board of mittee may order and direct any railway company to make Trade may up and deliver to them returns of serious accidents direct reoccurring in the course of the public traffic upon the turns of railway belonging to such company, whether attended accidents, with personal injury or not, in such form and manner as the lords of the said committee shall deem necessary and personalin require for their information with a view to the public jury or not. safety; and if any such returns shall not be so delivered within fourteen days after the same shall have been required, every such company shall forfeit to her Majesty the sum of five pounds for every day during which the said company shall neglect to deliver the same; and every such penalty may be recovered in any of her Majesty's courts of record, or in the courts of session or in any of the sheriffs' courts in Scotland: provided always, that all Proviso. such returns shall be privileged communications, and shall not be evidence in any court whatsoever.

2 & 3 Vict.

c. 45, s. 1.

9. And whereas by an Act passed in the second and Gates at third years of her present Majesty, and intituled, "An Act level crosto amend an Act of the fifth and sixth years of his late sings. Majesty King William the Fourth relating to Highways,' it was enacted, that whenever a railway crosses or shall hereafter cross any turnpike road, or any other highway or statute labour road for carts or carriages in Great Britain, the proprietors or directors of the said railway shall make and maintain good and sufficient gates across each end of such turnpike or other road at each end of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such turnpike or other road shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railway: and whereas by the acts relating to certain railways it is provided that such gates shall be kept constantly closed across the railway except during the time when carriages or engines passing along the railway shall have to cross

Gates at

Gates to be kept closed across the

road.

such turnpike or other road: and whereas experience has level cros- shown that it is more conducive to safety that such gates sings. should be kept closed across the turnpike or other road instead of across the railway; be it therefore enacted, That, notwithstanding anything to the contrary contained in any act of parliament heretofore passed, such gates shall be kept constantly closed across each end of such turnpike or other roads, in lieu of across the railway, except during the time when horses, cattle, carts, or carriages passing along such turnpike or other road shall have to cross such railway; and such gates shall be of such dimensions and so constructed as, when closed across the ends of such turnpike or other roads, to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway while the gates are closed: provided always, that it shall be lawful for the lords of the said committee, in any case in which they are satisfied that it will be more conducive for the public safety that the gates at any level crossing over any such turnpike or other road should be kept closed across the railway, to order and direct that such gates shall be kept so closed, instead of across the road; and such order of the lords of the said committee shall be a sufficient authority for the directors or proprietors of any railway company to whom such order is addressed for keeping such gates closed, in the manner directed by the lords of the said committee.

Board of

Trade may order that gates be

kept closed across the railway.

Fences.

erect and

maintain

10. And whereas it is expedient that further provision be made for the safety of the public in respect of the Company to fences of railways; be it enacted, That all railway companies shall be under the same liability of obligation to erect, and to maintain and repair, good and sufficient throughout fences throughout the whole of their respective lines, as of the line. they would have been if every part of such fences had been originally ordered to be made under an order of justices by virtue of the provisions to that effect in the acts of parliament relating to such railways respectively.

the whole

Disputes between

ways

to be de

11. And be it enacted, That where two or more railway companies whose railways have a common terminus or a connect- portion of the same line of rails in common, or which form ing rail- separate portions of one continued line of railway communication, shall not be able to agree upon arrangements for conducting at such common terminus, or at the point of junction between them, their joint traffic with safety to the public, it shall be lawful for the lords of the said committee, upon the application of either of the parties, to decide the questions in dispute between them, so far as the same relate to the safety of the public, and to order and determine whether the whole or what proportion of the expenses attending on such arrangements shall be borne

cided by the Board of Trade.

by either of the parties respectively; and if any railway Disputes company shall refuse or wilfully neglect to obey any such between order made upon or against such company by the lords of connectthe said committee pursuant to this provision, such com- ing railpany shall forfeit to her Majesty the sum of twenty pounds ways. per day for every day during which such refusal or neglect shall continue; and every such penalty may be recovered in any of her Majesty's courts of record, or in the court of session or in any of the sheriffs courts in Scotland.

12. And whereas powers of laying down branch lines Branch opening into the ledges or flanches of main lines of rail- Railways. way, and of entering upon and passing along such main lines with carriages and waggons drawn by locomotive engines, or by other mechanical or animal power, and also powers to form roads or railways across existing railways Powers of on a level, have been given by various acts relative to making, to railways to the owners or occupiers of lands adjoining the be regurailway, and to other persons with their consent: and lated by the whereas experience has shown that the exercise of such Board of powers without limitation would in many cases be attended Trade. with danger to the public using such railway; be it therefore enacted, That if, in the case of any railway on which passengers are conveyed by steam or other mechanical power, it shall appear to the lords of the said committee that such power as aforesaid cannot be so exercised without seriously endangering the public safety, and that an arrangement may be made with a due regard to existing rights of property, it shall be lawful for the lords of the said committee to order and direct that such powers shall only be exercised subject to such conditions as the lords

of the said committee shall direct: provided always, that A passenger no railway shall be considered a passenger railway if railway detwo-thirds or more of the gross annual revenue of such fined. railway shall be derived from the carriage thereon of coals, ironstone, or other metals or minerals.

Trade may

authorize

13. And whereas in many cases railways have been Alteration made to cross turnpike roads, highways, and private of level roads and tramways on the level, and the companies to crossings. whom such railways belong would in some cases be willing, at their own expense, to carry such roads and Board of tramways over or under such railways by means of a bridge or archway for the greater safety of the public, but have no authority so to do: and whereas it would promote the public safety if railway companies were over or enabled, under the sanction and authority of the lords of under railthe said committee, to substitute bridges or archways for way. such level crossings as aforesaid; be it therefore enacted, That in all cases where any railway company shall be willing, at their own expense, to carry any turnpike road,

company to

carry roads

[5 & 6 Vict. Alteration highway, or private road or tramway over or under their of level railway by means of a bridge or arch in lieu of crossing crossings. the same on the level, it shall be lawful for the lords of the said committee, on the application of the said company, and after hearing the several parties interested, if it shall appear to the lords of the said committee that such level crossing endangers the public safety, and that the proposal of the company does not involve any violation of existing rights or interests without adequate compensation, to give the said company full power and authority for removing the danger at their own expense, either by building a bridge, or by such other arrangement as the nature of the case shall require, subject to such conditions as the lords of the said committee shall direct.

lands.

Board of

authorize

company to

enter upon

lands, to re

dents.

14. And whereas it is essential for the public safety, Entry upon adjoining and also for the proper maintenance of railways in a state of efficiency for the public service, that railway companies should have the power, in case of accidents or slips happening or being apprehended to their cuttings and embankTrade may ments or other works, to enter upon the lands adjoining their respective railways, for the purpose of repairing or renewing the same, and to do such works as may be necessary for the purpose; be it therefore enacted, That it adjoining shall be lawful for the lords of the said committee to empair or pre- power any railway company, in case of any accident or slip vent acci- happening or being apprehended to any cutting, embankment, or other work belonging to them, to enter upon any lands adjoining their railway for the purpose of repairing or preventing such accident, and to do such works as may be necessary for the purpose: provided always, that in case of necessity it shall be lawful for any railway company to enter upon such lands and do such works as aforesaid, without having obtained the previous sanction of the lords of the said committee; but in every such case such railway company shall, within forty-eight hours after such entry, make a report to the lords of the said committee, specifying the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the lords of the said committee shall, after considering the said report, certify that their exercise is not necessary for the public safety: provided also, that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed Compensa with all possible despatch; and full compensation shall tion to own- be made to the owners and occupiers of such lands for the ers and loss or injury or inconvenience sustained by them reoccupiers. spectively by reason of such works, the amount of which compensation, in case of any dispute about the same, shall

be settled in the same manner as cases of disputed com- Entry upon pensation are directed to be settled by the acts relating to adjoining the railway on which such works may become necessary: lands. provided always, that no land shall be taken permanently by any railway company for such works without a certificate from the lords of the said committee as hereinafter described.

land.

extend the,

15. And whereas by various acts relating to railways Compulsocompulsory powers are given to railway companies of pur- ry powers chasing and taking lands for the construction of such of taking railways, and it is provided that such compulsory powers shall not be exercised after the expiration of certain limited periods from the passing of the said acts: and whereas it is Board of sometimes found necessary for the public safety that addi- Trade may tional land should be taken after the expiration of such if thought periods for the purpose of giving increased width to the necessary embankments and inclination to the slopes of railways, or for safety, for making approaches to bridges or archways, or for doing such works for the repair or prevention of accidents as are herein before described; be it therefore enacted, That, in every case in which the lords of the said committee shall certify that the public safety requires additional land to be taken by any railway company for such purposes as aforesaid, the compulsory powers of purchasing and taking land contained in the act or acts of such railway company, together with all the clauses and provisions relative thereto, shall, as regards such portion or portions of land as are mentioned in the certificate of the lords of the said committee, revive and be in full force for such further period as shall be mentioned in such certificate : provided always, that any railway company applying Company to the lords of the said committee for any such certificate applying to shall give fourteen days' notice in writing, in the manner Board of prescribed by the act or acts of such company for serving Trade to notices on land owners, of their intention to make such give notice application to all the parties interested in such lands, or to owners, such of them as shall be known to the company, and shall and state state in such notice the particulars of the lands required; and if any of such parties interested shall apply within the said period of fourteen days to the lords of the said committee, such party shall be heard by them before any such certificate is given: provided also, that where any such application shall have been made by any railway company to the lords of the said committee, upon which application any such certificate shall have been refused, the directors of such railway company shall, if required by the lords of the said committee, repay to the party resisting such application any expenses which he or they may have incurred in resisting such application.

particulars

of lands re

quired.

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