8 Vict. c. 20, s. 37. s. 38. Power to the justices to summon other owners before them. s. 39. The com pany to give sureties if required. authorize the company to occupy and use the same accordingly. XXXVIII. If in the case last mentioned it shall appear to such justices, upon the inquiry before them, that the lands of any other party not summoned before them, being sufficient in quantity, and such as the company are hereinbefore authorized to take or use for the purposes aforesaid, would be more fitting to be used by the company than the lands of the person who shall have been so summoned as aforesaid, it shall be lawful for the said justices to adjourn such inquiry, and to summon such other person to appear before them at any time, not being more than fourteen days from such inquiry, nor less than seven days from the service of such summons; and on the appearance of the parties, or, in the absence of any of them, on proof of due service of the summons, it shall be lawful for such justices to determine finally which lands shall be used for the purposes aforesaid, and to authorize the company to occupy and use the same accordingly. XXXIX. Before entering, under the provisions hereinbefore contained, upon any such lands as shall be required for spoil banks or for side cuttings, or for obtaining materials or forming roads as aforesaid, the company shall, if required by the owner or occupier thereof, seven days at least before the expiration of the notice to take such lands as hereinbefore mentioned, find two sufficient persons, to be approved of by a justice, in case the parties differ, who shall enter into a bond to such owner or occupier in a penalty of such amount as shall be approved of by such justice, in case the parties differ, conditioned for the payment of such compensation as may become payable in respect of the same in manner herein mentioned. c. 20, s. 40. the lands using them. XL. Before the company shall use any such lands 8 Vict. for any of the purposes aforesaid they shall, if required so to do by the owner or occupier thereof, Company separate the same by a sufficient fence from the to separate lands adjoining thereto, with such gates as may be before required by the said owner or occupier for the convenient occupation of such lands, and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner, in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads, and in case of any difference between the owners or occupiers of such roads and lands and the company as to the necessity for such fences and gates, such fences and gates as any two magistrates shall deem necessary for the purposes aforesaid, on application being made to them in like manner as hereinbefore is provided in respect to the use of such roads. Lands taken for getting materials, worked as &c. to be the sur XLI. That if any land shall be taken or used by s. 41. the company, under the provisions of this or the Special Act, for the purpose of getting materials therefrom for the construction or repair of the railway or the accommodation works connected therewith, they shall work the same in such manner veyor of as the surveyor or agent of the owner of such land owner may shall direct, or, in case of disagreement between such surveyor or agent and the company, in such manner as any justice shall direct, on the application of either party after notice of the hearing the application shall have been given to the other party. direct. XLII. In all cases in which the company shall in s. 42. exercise of the powers aforesaid enter upon any Owners of lands for the purpose of making spoil banks or side cuttings thereon, or for obtaining therefrom materials for the construction or repair of the railway, it shall lands may compel company to purchase lands so 8 Vict. c. 20, s. 42. temporarily occupied. 8. 43. Compensa tion to be made for temporary occupation. be lawful for the owners or occupiers of such lands, or parties having such estates or interests therein as, under the provisions in the said Lands Clauses Consolidation Act mentioned, would enable them to sell or convey lands to the company, at any time during the possession of any such lands by the company, and before such owners or occupiers shall have accepted compensation from the company in respect of such temporary occupation, to serve a notice in writing on the company requiring them to purchase the said lands, or the estates and interests therein capable of being sold and conveyed by them respectively; and in such notice such owners or occupiers shall set forth the particulars of such their estate or interest in such lands, and the amount of their claim in respect thereof; and the company shall thereupon be bound to purchase the said lands, or the estate and interest therein capable of being sold and conveyed by the parties serving such notice. XLIII. In any of the cases aforesaid, where the company shall not be required to purchase such lands, and in all other. cases where they shall take temporary possession of lands by virtue of the powers herein or in the Special Act granted, it shall be incumbent on the company, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require, a rent to be fixed by two justices, in case the parties differ, and shall also, within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the Special Act limited for the completion of the railway, pay to such owner and occupier, or deposit in the bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers herein or in the Special Act granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. 8 Vict. c. 20, s. 43. s. 44. Compensa tion to be ascertained under the XLIV. The amount and application of the purchase money and other compensation payable by the of the cases aforesaid shall be deterin company any mined in the manner provided by the said Lands Clauses Consolidation Act for determining the amount Clauses and application of the compensation to be paid for lands taken under the provisions thereof. Lands Act. s. 45. Lands for additional XLV. And be it enacted, That it shall be lawful for the company, in addition to the lands authorized to be compulsorily taken by them under the powers stations. of this or the Special Act, to contract with any party Land to be willing to sell the same for the purchase of any land taken for adjoining or near to the railway, not exceeding in stations, the whole the prescribed number of acres for extraordinary purposes; (that is to say,) For the purpose of making and providing additional stations, yards, wharfs, and places for the accommodation of passengers, and for receiving, depositing, and loading or unloading goods or cattle to be conveyed upon the railway, and for the erection of weighing machines, toll houses, offices, warehouses, and other buildings and conveniences: For the purpose of making convenient roads or ways to the railway, or any other purpose which additional &c. 8 Vict. c. 20, s. 45. Crossing of roads, and construc tion of bridges. s. 46. Crossing of roads. s. 47. Provision in cases where roads are crossed on a level. may be requisite or convenient for the formation or use of the railway. Compare Sadd v. Maldon etc. Ry. Co., 6 Ex. 143, cited ante, p. 279. AND WITH RESPECT TO THE CROSSING OF ROADS OR OTHER INTERFERENCE THEREWITH, be it enacted as follows: XLVI. If the line of the railway cross any turnpike road or public highway, then (except where otherwise provided by the Special Act) either such road shall be carried over the railway, or the railway shall be carried over such road by means of a bridge, of the height and width and with the ascent or descent by this or the Special Act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expense of the company: Provided always, that, with the consent of two or more justices in Petty Sessions, as after mentioned, it shall be lawful for the company to carry the railway across any highway, other than a public carriage road, on the level. XLVII. If the railway cross any turnpike road or public carriage road on a level, the company shall erect and at all times maintain good and sufficient gates across such road, on each side of the railway where the same shall communicate therewith, and shall employ proper persons to open and shut such gates; and such gates shall be kept constantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railway; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses |