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. vii. 13


. vii. 8

vii. 9

WORKS and Railway: provisions as to Construction of,.

. vii. 6 et seq.
Penalty for obstructing persons marking out Railway, or removing
marks, &c., .

. . .

. vii. 24
Power to Company to take temporary use or occupation of Lands during
construction of (see Lands), .

. . vii. 32 et seq.
Arches, Viaducts, Tunnels, to be marked on deposited plans, . . vii, 13

to be made accordingly, unless owners, &c. of lands con
sent to their not being made, . .
Errors or omissions in Plans or Books of Reference of Railway, how to
be rectified, .

. vii, 7
And Correction, how to be notified, for inspection,

vii, 7
Works not to be proceeded with until Plans, &c., of all alterations ap-

proved by Parliament have been deposited, ..
Clerks of Peace, &c., to receive Plans of alterations and preserve and

allow inspection of same,
Certified Copies of Plans, &c., to be evidence,

vii. 10
Deviations from deposited Plans and Sections ; see Deviations.
Works for drainage of lands, &c., in Ireland, and protection of Naviga-

tions, &c. (see Drainage, &c.), . . . . . vii. 25 et seq.
Works which may be executed for Railway, &c.,. . . . . vii. 16

Inclined Planes, Tunnels, Embankments, Aqueducts, Roads, Bridges,
&c.,. .

. . . . . . . . . vii. 16
Alteration of course of Rivers, Watercourses, &c...

. vii, 16
Drains or Conduits for Water, &c.,

.vii. 16
Warehouses, Offices and other Buildings, Wharfs, Apparatus, &c., . vii. 16
Alteration and repairs of same, . ..

vii. 16
General power for making, maintenance, alteration, and using of

Works, . . . . . . . . . . . vii. 16
But satisfaction for damages to be made,

vii. 16
Shore or River Works below High Water Mark not to be executed without

consent of Admiralty and Commissioners of Woods and Forests, . vii. 17
Nor alteration or extension of same, after execution, . . . vii, 17
Or Works may be abated and removed, at cost of Company, recover.

able as Penalties, . : : : : :
Alteration of Water and Gas pipes, &c., of Houses and Companies, .vii. 18

Under superintendence of Companies, &c., and limitations, vii, 18, 20, 22
And Mains and Pipes not to be disturbed till others laid down, vii, 18
And Company to make good all Damage, . . . . . vii. 21

Penalty for obstructing supply of Water or Gas, . . . . vii. 23
Construction of Works :-Power to Board of Trade to determine the

mode of construction in case of difference between the Company and
other parties, .


. . . . . . . vii, 14, 66
On application by either party, after 14 days' notice to the other, .vii. 66
Board of Trade may issue Certificate determining mode of Construc-
tion, and Work to be constructed accordingly, ·

· vii. 66
Maintenance and repair of Works by Company, .

.. . vii, 65
Justices may order repair of Bridge, Approach, Fence, Gate, or other

Work executed by Company, .
On application of Road Surveyor or two householders, and after ten
days' notice to Company, . . . . .

. . vii. 65
Penalty on Company for not complying with order of Justices, £5 a day, vii. 65

Which may be expended in repairing the work, . . . vii. 65
Provisions as to Works for the Accommodation and Protection of Lands

adjoining Railway (see under Accommodation), . . vii. 68 et seq.
Provisions for Accommodation Works in Ireland, . . .. 4, 5, 8, 9, 26
And Drainage of Lands, &c. (see Drainage, &c.), .

vii, 25 et seq.



. vii. 65

WORKING ARRANGEMENTS between Companies :
Common Terminys, or Line of Rails used in Common by different Com-
panies, . . . . . . . .

. iv. 11
Board of Trade, on application of one of the parties, to decide dis-

putes as to working joint Traffic in such cases, ..
Order of Board of Trade binding, under Penalty of £20 a day for viola-

tion of it, . .
See under Canals, Carriages and Engines, Tolls, Traffic, &c.
WRITINGS, &c., carriage of; see Losses.

..... iv. 11


. iv. 11


MARKS OF REFERENCE. The Roman Numbers, I. II. III. dc., in the Notes and Index, refer to the respective dets distinguished by those Numbers, which are printed at the head of each page.

The Figwa, 1. 2. 3. &c., refer to the Sections of the Acts, also printed at the head of the pages.

These, the Marks "XI. 16," in the note in page 2, refer to Act XI, section 16:"T.11,” in page 3, refer to Section 11 of Act V.


1 & 2 Vict. Cap. 98. An Act to provide for the Conveyance of the Mails

by Railways.

[14th August, 1838.]

WHEREAS it is expedient that Provision should be made Conveyance by Law for the Conveyance of the Mails by Railways of Mails. at a reasonable Rate of Charge to the Public: Be it enacted by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same", That in Postmaster all Cases of Railways already made or in progress, or to co be hereafter made, within the United Kingdom, by way Comwhich Passengers or Goods shall be conveyed in or upon vey the Mails Carriages drawn or impelled by the Power of Steam, or by Officers, any locomotive or stationary Engines, or animal or other such war Power whatever, it shall be lawful for the Postmaster times as he

General may require Rail

pany to con

and Post

may direct:

. For the sake of brevity, the words “by the Queen's Most Excellent "Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem* poral, and Commons, in this present Parliament assembled, and by the Authosrity of the same," which are used at the commencement of every statute, will sot be repeated in these pages, in the acts following this. The place of these Words will be indicated by the marks .., at the commencement of each act.


pany to do it,


General, by Notice in Writing under his Hand delivered to the Company of Proprietors of any such Railway, to require that the Mails or Post Letter Bags shall, from and after the Day to be named in any such Notice, (being not less than Twenty-eight Days from the Delivery thereof,) be conveyed and forwarded by such Company on their Railway, either by the ordinary Trains of Carriages, or by special Trains, as need may be, at such Hours or Times in the Day or Night as the Postmaster General shall direct, together with the Guards appointed

and employed by the Postmaster General in charge and Com- . thereof, and any other Officers of the Post Office: and to his satis" thereupon the said Company shall, from and after the

Day to be named in such Notice, at their own Costs, provide sufficient Carriages and Engines on such Railways, for the Conveyance of such Mails and Post Letter Bags, to the Satisfaction of the Postmaster General, and receive, take up, carry, and convey, by such ordinary or special Trains of Carriages or otherwise, as Need may be, all such Mails or Post Letter Bags as shall for that Purpose be tendered to them, or any of their Officers, Servants, or Agents, by any Officer of the Post Office; and also receive, take up, carry, and convey, in and upon the Carriages carrying such Mails or Post Letter Bags, the Guards in charge thereof“, and any other Officers of the Post Office, and shall receive, take up,

deliver, and leave such Mails or Post Letter Bags, Time, Speed, Guards, and Officers at such Places in the Line of such bo regulated Railway, on such Days, at such Hours or Times in the offico, for Day or Night, and subject to all such reasonable ReguMails and lations and Restrictions as to Speed of travelling, Places,

Times, and Duration of Stoppages, and Times of Arri

val, as the Postmaster General shall in that Behalf from Provisos : Time to Time order or direct: Provided always, that Spoed not to the Rate of Speed to be required shall in no Case exceed

Stoppages, to

by Post

their Officers,

exceed maxi

* Under an act of 1847 (10 & 11 Vic. c. 85,) the Post Office may also send mails without guards or other officers in charge of them: (XI. 16.)


may requiro

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the maximum Rate of Speed prescribed by the Directors mum rato of

Railway i of such Railway or Railways for the Conveyance of Passengers by their First-class Trains“; but that no and Six Alteration in the Rate of Speed of any Train by which notice before the Mails shall be conveyed shall be made until Six Company Calendar Months previous Notice shall be given to the alteration. Postmaster General of any such intended Alteration.

2. And be it enacted, That it shall be lawful for the Post Ofico Postmaster General (if he shall see fit) to require that exclusive uso the whole of the Inside of any Carriage used on any i Railway for the Conveyance of Mails or Post Letter Bags shall be exclusively appropriated for the Purpose of Carrying the Mails.

3.... The Company of Proprietors of any such Railway Post Office shall, on being required so to do by the Postmaster separato CarGeneral, provide and furnish (in addition to the Car- so riages aforesaid) a separate Carriage or separate Car-ters. riages, fitted up as the Postmaster General, or such Person as he shall nominate in that Behalf, shall direct, for the Purpose of sorting Letters therein; and shall forward the same Carriage or Carriages by their Railway, at such Hours or Times, and subject to all such reasonable Regulations as aforesaid, as the Postmaster General shall in that Behalf order or direct; and such Company of Proprietors shall receive, take up, carry, and convey, in any such last-mentioned Carriage or Carriages, all

may require

riages for Sorting Lot

* The provisions relating to speed are altered, and the powers of the Postmaster General extended, by § 11 of 7 & 8 Vic. c. 85, (V. 11.)

The words " And be it enacted that " will not be repeated at the beginning of the various sections in which they were used before the passing of Lord Baraghat's act of 13 Vic. c. 21, (1850,) “for shortening the Language used 1 Acts of Parliament;" by which act (S 2,) these words are for the future

pensed with, and they have accordingly, since 1850, ceased to be used in the statates. The following are the words of 8 2 of that act:-“2. Be it enacted, sikat all Acts shall be divided into Sections, if there be more Enactments than "Gre, which Sections shall be deemed to be substantive Enactments, without * zay introductory Words."

The place of these introductory words, herein omitted at the beginning of Le sections in which they were used before that act came into operation,

anely, from the commencement of the session next after June, 1850,) will be indicated by the marks ... $ 1, (p. 2.)

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