Interpretations in this and the special Act: Number: Gender: "Lands:" "Lease:" "Toll:" "Goods:" "Month :" "Superior Courts:" "Oath :" 46 County :" "the Sheriff:" "the Clerk of the Peace:" "Justice :" III. The following Words and Expressions, both in this and the special Act, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,) Words importing the Singular Number only shall include the Words importing the Masculine Gender only shall include The Word "Lands" shall include Messuages, Lands, Tene- The Word "Lease" shall include an Agreement for a The Word "Toll" shall include any Rate or Charge or The Word "Goods" shall include Things of every Kind conveyed upon the Railway: The Word "Month" shall mean Calendar Month: The Expression" Superior Courts" shall mean Her Majesty's The Word "Oath” shall include Affirmation in the Case of The Word "County" shall include any Riding or other like The Word "Sheriff" shall include Under Sheriff or other The Word "Justice" shall mean Justice of the Peace acting for the County, City, Borough, Liberty, Cinque Port, or Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and where such Matter shall arise in respect of Lands, being the Property of one and the same Party, situate not wholly in any one County, City, Borough, Liberty, Liberty, Cinque Port, or Place, shall mean a Justice acting for the County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate, and who shall not be interested in such Matter; and where any Matter shall be authorized or required to be done by Two Justices, the Expression "Two Justices" shall be "Two Jusunderstood to mean Two Justices assembled and acting tices:" together: Where under the Provisions of this or the special Act any "Owner:" Notice shall be required to be given to the Owner of any Lands, or where any Act shall be authorized or required to be done with the Consent of any such Owner, the Word "Owner" shall be understood to mean any Person or Corporation who, under the Provisions of this or the special Act, or any Act incorporated therewith, would be enabled to sell and convey Lands to the Company: The Expression "the Company" shall mean the Company or "the ComParty which shall be authorized by the special Act to pany:" construct the Railway: L The Expression "the Railway" shall mean the Railway and "the Railway: " Works by the special Act authorized to be constructed: Trade:" The Expression "the Board of Trade" shall mean the Lords " Board of of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations: The Expression "the Bank" shall mean the Bank of Eng- "the Bank :" land, where the same shall relate to Monics to be paid or deposited in respect of Lands situate in England; and shall mean the Bank of Ireland where the same shall relate to Monies to be paid or deposited in respect of Lands situate in Ireland: land: The Expression "Turnpike Road" shall, when applied to «Turnpike any Road in Ireland, include any Road upon which Her Road," Ire Majesty's Mails are or shall be carried in Mail Carriages; or such other Roads as the Commissioners of Public Works in Ireland shall consider to require Arches of greater Width or Height than by this Act is required for public Carriage Roads: The Expression "Surveyor," applied to a Road or Highway, “Surveyor," shall, as to Railways in Ireland, include the County Sur- Ireland: veyor: Ireland. The Expression "Overseers of the Poor," when applied to "Overseers of the Act. IV. And be it enacted, That in citing this Act in other Acts Short Title of of Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Railways Clauses Consolidation Act, 1845." V. And whereas it may be convenient, in some Cases, to Form in which incorporate with Acts hereafter to be passed some Portion Portions of this only of the Provisions of this Act;' be it therefore enacted, corporated in Act may be inThat, for the Purpose of making any such Incorporation, it other Acts. X 2 shall Construction of The Construction of the Railway to be subject to the Provisions of this Act and the Lands 8 VICT. shall be sufficient in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incor porated (describing such Matter as it is described in this Act, in the Words introductory to the Enactment with respect to such Matter,) shall be incorporated with such Act; and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate. And with respect to the Construction of the Railway and the Works connected therewith, be it enacted as follows: VI. In exercising the Power given to the Company by the special Act to construct the Railway, and to take Lands for that Purpose, the Company shall be subject to the Provisions and Restrictions contained in this Act and in the said Lands Clauses Consolidation Act; and the Company shall make to the Owners and Occupiers of and all other Parties interested in solidation Act. any Lands taken or used for the Purposes of the Railway, nee lendent. 2 or injuriously affected by the Construction thereof, full CompenBradley 157.6% sation for the Value of the Lands so taken or used, and for all Walking & Gamage sustained by such Owners, Occupiers, and other Parties Clauses Cou 157.117 2 Errors and zor by reason of the Exercise, as regards such Lands, of the Powers by this or the special Act, or any Act incorporated therewith, vested in the Company; and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be ascertained and determined in the Manner provided by the said Lands Clauses Consolidation Act for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof; and all the Provisions of the said last-mentioned Act shall be applicable to determining the Amount of any such Compensation, and to enforcing the Payment or other Satisfaction thereof. VII. If any Omission, Mis-statement, or erroneous Description 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 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 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 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. Construction of until all Alterations sited. VIII. It shall not be lawful for the Company to proceed in Works not to be the Execution of the Railway unless they shall have previously procce led with to the Commencement of such Work deposited with the Clerks Plans of of the Peace of the several Counties in or through which the authorized by Railway is intended to pass a Plan and Section of all such Parliament Alterations from the original Plan and Section as shall have have been depobeen 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 authorized to be made, Copies or Extracts of or from such Plans and Sections as shall relate to such Parishes respectively. Clerks of the Peace, &c. to receive Plans of Alterations, IX. The said Clerks of the Peace, Parish Clerks, and Postmasters shall receive the said Plans and Sections of Alterations, and Copies and Extracts thereof respectively, and shall retain the same, as well as the said original Plans and Sections, and and allow shall permit all Persons interested to inspect any of the Docu- Inspection. ments 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 Reign of Her present Majesty, intituled An Act 7 W. 4. & to compel Clerks of the Peace for Counties and other Persons to 1 Vict. c. 83. take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. be Evidence. X. True Copies of the said Plans and Books of Reference, Copies of or of any Alteration or Correction thereof, or Extract therefrom, Plans, &c. to certified by any such Clerk of the Peace, which Certificate 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. Datum Line XI. In making the Railway it shall not be lawful for the Limiting DeCompany to deviate from the Levels of the Railway, as referred viation from to the common Datum Line described in the Section approved described on of by Parliament, and as marked on the same, to any Extent Sections, &c. exceeding in any Place Five Fect, or, in passing through a Town, Village, Street, or Land continuously built upon, Two Feet, without the previous Consent in Writing of the Owners and Occupiers of the Land in which such Deviation is intended Proviso. Construction of to be made; or in case any Street or public Highway shall be Railway. 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 Waterworks 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. Proviso. Public Notice to be given pre vious to making greater Deviations. Power to the Owners of adjoining Lands to appeal to the Board of Trade against such Deviations. Arches, Tun nels, &c. to be made as marked on deposited Plans. XII. Before it shall be lawful for the Company to make any greater Deviation from the Level than Five Feet, or, in any Town, Village, Street, or Land continuously built upon, Two Feet, after having obtained such Consent as aforesaid, it shall be incumbent on the Company to give Notice of such intended Deviation by public Advertisement, inserted Once at least in Two Newspapers, or Twice at least in One Newspaper, circulating in the District or Neighbourhood where such Deviation is intended to be made, Three Weeks at least before commencing to make such Deviation; and it shall be lawful for the Owner of any Lands prejudicially affected thereby, at any Time before the Commencement of the making of such Deviation, to apply to the Board of Trade, after giving Ten Days Notice to the Company, to decide whether, having regard to the Interests of such Applicants, such proposed Deviation is proper to be made; and it shall be lawful for the Board of Trade, if they think fit, to decide such Question accordingly, and by their Certificate in Writing either to disallow the making of such Deviation or to authorize the making thereof, either simply or with any such Modification as shall scem proper to the Board of Trade; and after any such Certificate shall have been given by the Board of Trade it shall not be lawful for the Company to make such Deviation, except in conformity with such Certificate. XIII. Where in any Place it is intended to carry the Railway on an Arch or Arches or other Viaduct, as marked on the said Plan or Section, the same shall be made accordingly; and where a Tunnel is marked on the said Plan or Section as intended |