being allowed to proceed, or being withdrawn or not being presented, or of an act being passed authorizing the making of such work or undertaking, unless upon the production of the certificate of the chairman of committees of the House of Lords with reference to any proceeding in the House of Lords, or of the Speaker of the House of Commons with reference to any proceeding in the House of Commons, that the said petition or bill was rejected or not allowed to proceed, or was withdrawn during its pas sage through one of the Houses of Parliament, or was not presented, or that such act was passed, which certificate the said chairman or Speaker shall grant on the application in writing of the person or persons, or the majority of the persons named in such warrant, or the survivor or survivors of them: Provided always, that the granting of Proviso. any such certificate, or any mistake or error therein or in relation thereto, shall not make the chairman or Speaker signing the same liable in respect of any monies, stocks, funds, and securities which may be paid, deposited, invested, or transferred in pursuance of the provisions of this act, or the interest or dividends thereof. 9 & 10 VICT. cap. 57. An Act for regulating the Gauge of Railways. [18th August, 1846.] WHEREAS it is expedient to define the gauge on which Preamble. railways shall be constructed. 1. Be it enacted by the Queen's most excellent Majesty, On what by and with the advice and consent of the Lords spiritual and gauge rail. temporal, and Commons, in this present Parliament assem- ways shall bled, and by the authority of the same, That after the be made. passing of this act it shall not be lawful (except as hereinafter excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing herein before Proviso. contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this act on any gauge other than those hereinbefore specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of deviation authorized by the several acts under the authority of which such railways are severally constructed. 2. And be it enacted, That nothing herein before con- Exception tained shall apply to any railway constructed or to be con- of certain structed under the provisions of any present or future act railways. containing any special enactment defining the gauge or gauges of such railway, or any part thereof, or to any railway which is in its whole length southward of the Great Western Railway, or to any railway in any of the counties of Cornwall, Devon, Dorset, or Somerset, for which any act has been or shall be passed in this session of Parliament, or to any railway in any of the last-mentioned counties now in course of construction, or to the two railways severally to be constructed under the authority of two acts passed in this session of Parliament, severally intituled "An Act for making a Railway from the Great Western Railway at West Drayton to Uxbridge in Middlesex," and "An Act for making a Railway from the Great Western Railway at Maidenhead in Berkshire to the town of High Wycombe in the county of Buckingham;" or to so much of an act passed in this session, intituled “An Act to authorize certain Extensions of the Line of the Oxford, Worcester, and Wolverhampton Railway, and to amend the act relating thereto, as authorizes the construction of a Branch Railway Certain be on the broad gauge. to the town of Witney in the county of Oxford;" or to an act passed or which may be passed in this session of Parliament, "to authorize the construction of a railway from Melin-y-Manach to Rhydydefydd in the county of Glamorgan." 3. And be it enacted, That the several railways authorailways to rized to be constructed by an act passed in the last session of Parliament, intituled "An Act for making a Railway to be called The South Wales Railway," and by an act also passed in the last session of Parliament, intituled “ An Act for making a Railway from Monmouth to Hereford, with branches therefrom to Westbury and to join the Forest of Dean Railway," and by two acts passed in this session of Parliament, severally intituled “An Act for completing the Line of the South Wales Railway, and to authorize the Construction of an Extension and certain Alterations of the said Railway, and certain Branch Railways in connexion therewith," and "An Act for making a Railway communication between the city of Bristol and the proposed South Wales Railway in the county of Monmouth, with a Branch Railway therefrom," shall be constructed on the gauge of seven feet. Gauge not to be altered. Provision as to the Oxford, and Wolverhampton railways. 4. And be it enacted, That it shall not be lawful after the passing of this act to alter the gauge of any railway used for the conveyance of passengers. 5. And be it enacted, That nothing herein before contained shall be deemed to affect the provisions of two acts Oxford and passed in the last session of Parliament, respectively inRugby, and tituled "An Act for making a Railway from the city of Oxford to the town of Rugby," and "An Act for making Worcester, a Railway from Oxford to Worcester and Wolverhampton, with respect to the gauge on which they are to be formed, or the additional rails which, according to the several provisions of the last two recited acts, are to be or may be laid down and maintained on the railways thereby authorized, or with respect to the powers thereby conferred on the commissioners of her Majesty's privy council for trade and foreign plantations concerning the construction and use of the railways thereby authorized. Penalty on 6. And be it enacted, That if any railway used for the company conveyance of passengers shall be constructed or altered for con- contrary to the provisions of this act, the company authostructing rized to construct the railway, or in the case of any demise railways or lease of such railway, the company for the time being contrary to having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully constructed or altered, during every day this act. altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile. 7. And be it enacted, That, over and above the penalty Railways herein before provided, if any railway used for the convey- constructed ance of passengers shall be constructed or altered contrary contrary to to the provisions of this act, it shall be lawful for the com- this act missioners of her Majesty's woods, forests, land revenues, may be works, and buildings, or for the lords of the committee of abated. her Majesty's privy council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this act, and to restore the site thereof to its former condition. 8. And be it enacted, That all penalties under this act Recovery of may be recovered from the company liable to pay and make penalties. good the same, as under the provisions of an act passed in the last session of Parliament, intituled "An Act for con- 8 & 9 Vict solidating in one act certain provisions usually inserted in c. 20. acts authorizing the making of railways," a penalty for any infringement of the last-recited act is recoverable against a company authorized to construct a railway. 9. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in this session of Parliament. amended. [Repealed by 38 & 39 Vict. c. 66, 8. 1.] |