...statute which has been relied upon in support of the claim. It is the 16th section, and it says that, " subject to the provisions and restrictions in this...mentioned, to execute any of the following works." This is under the heading " With respect to the construction of the railway and the works connected...

...necessary qualification. The section begins thus : " Subject to the provisions and restrictions of this and the special act, and any act incorporated...hereinafter mentioned, to execute any of the following works ;" then, inter alia, comes this provision, which I have mentioned, with regard to the diverting of...

...the special Act provided for in cases of unintentional errors in the said books of reference. xvi. Subject to the provisions and restrictions in this...special Act, and any Act incorporated therewith, it fhill l< lawful for the company, for the purpose of constructing the railway, or the accommodation...

...that this general clause was intended to be subjected to the same restrictions, because it begins " Subject to the provisions and restrictions in this and the special act," and 1 construe those words therefore as meaning subject to the company having authority by the special...

...Railway Clauses Consolidation Act, which provides "That for the purpose of constructing the railway they may make or construct in, upon, across, under,...any streets, hills, valleys, roads, railroads, or tramronds, rivers, canals, brooks, stream, or other waters within the lands described in the said plans...

...Alteration ot 5 Course of llivers, &c. Drains, &c. Warehouses, &c. Alterations and Repairs. General Power. Accommodation Works connected therewith, herein-after...of the following Works; (that is to say,) They may alter the Course of any Rivers not navigable, Brooks, Streams, or Watercourses, and of any Branches...

...thereof may be recovered in the same Manner as a Penalty is recoverable against the Company. XVIII. It shall be lawful for the Company, for the Purpose of constructing the Railway, to raise, sink, or otherwise alter the Position of any of the Watercourses, Water Pipes, or Gas Pipes...

...Company of exercising the option subject to the provisions and restrictions contained in this act, it shall be lawful for the company, for the purpose of constructing the railway, to execute" (amongst others) " the following works:" — "They may alter the course of any rivers not...

...thereof may be recovered in the same Manner as a Penalty is recoverable against the Company. XVIII. It shall be lawful for the Company, for the Purpose of constructing the Railway, to raise, sink, or otherwise alter the Position of any of the Watercourses, Water Pipes, or Gas Pipes...

...as little damage as c:m be, and give compensation. Company not to construct woiks below highnected therewith, hereinafter mentioned, to execute any of...any streets, hills, valleys, roads, railroads, or tram roads, rivers, canals, brooks^ streams, or other waters, within the lands described in the said...