within cer other sufficient substituted Road, to be put into a permanently substantial Condition, equally convenient as the former Road, or as near thereto as Circumstances will allow; and the former Road shall be restored, or the substituted Road put into such Condition as aforesaid, as the Case may be, within the following Periods tain periods. after the first Operation on the former Road shall have been commenced, unless the Trustees or Parties having the Management of the Road to be restored, by Writing under their Hands, consent to an Extension of the Period, and in such Case within such extended Period; that is to say, if the Road be a Turnpike Road", within Six Months, and if the Road be not a Turnpike Road', within Twelve Months. Penalty for failing to new Road, fied time. pany, 57. If any such Road be not so restored, or the subrestore Road, stituted Road so completed as aforesaid, within the or complete Periods herein or in the special Act fixed for that Purwithin speci- pose, the Company shall forfeit to the Trustees, Commissioners, Surveyor, or other Person having the Management of the Road interfered with by the Com, if a public Road, or if a private Road to the Owner thereof, Five Pounds for every Day after the Expiration of such Periods respectively during which such Road shall not be so restored or the substituted Road completed; and it shall be lawful for the Justices by whom any such Penalty is imposed, to order the whole or any Part thereof to be laid out in executing the Work in respect whereof such Penalty was incurred. Company to make good to Roads used by them: 58. If, in the course of making the Railway, the Comany Damage pany shall use or interfere with any Road, they shall from Time to Time make good all Damage done by them to such Road; and if any Question shall arise as to the Damage done to any such Road by the Company, or as to the Repair thereof by them, such Question shall be referred to the Determination of Two Justices; and such Justices may direct such Repairs to be made in the State of such Road, in respect of the Damage done by Interpretation of "Turnpike Road" in Ireland, § 3, (p. 124.) Disputes to be determined by Justices; the Company, and within such Period, as they think reasonable, and may impose on the Company, for not carrying into effect such Repairs, any Penalty not ex- Penalties. ceeding Five Pounds per Day as to such Justices shall seem just; and such Penalty shall be paid to the Surveyor or other Person having the Management of the Road interfered with by the Company, if a public Road, and be applied for the Purposes of such Road, or if a private Road, the same shall be paid to the Owner thereof: Provided always, that in determining any such Question with regard to a Turnpike Road the said Justices shall have regard to and shall make full Allowance for any Tolls that may have been paid by the Company on such Road in the course of the using thereof. Proceedings on Application to Jus tices to conthe Crossings sent to level over Bridleways and 59. When the Company shall intend to apply for the Consent of Two Justices, as herein-before provideda, so as to authorize them to carry the Railway across any Highway other than a public Carriage Road on Level, they shall, Fourteen Days at least previous to the holding of the Petty Sessions at which such Appli- Footways: cation is intended to be made, cause Notice of such Notice; intended Application to be given in some Newspaper circulating in the County, and also to be affixed upon the Door of the Parish Church of the Parish in which such Crossing is intended to be made, or if there be no such Church some other Place to which Notices are usually affixed; and if it appear to any Two or more Power to Justices, acting for the District in which such Highway consent. at the proposed Crossing thereof is situate, and assembled in Petty Sessions, after such Notice as aforesaid, that the Railway can, consistently with a due Regard to the Public Safety and Convenience, be carried across such Highway on the Level, it shall be lawful for such Justices to consent that the same may be so carried accordingly. * § 46, (p. 149.) Justices t Appeal to Quarter Ses sions against tion of Justices. Costs. Approaches &c. to Bridle ways and Footways crossed on the Level. 60. If either Party shall feel aggrieved by the Determination of such Justices upon any such Application as aforesaid, it shall be lawful for such Party, in like Manner and subject to the like Conditions as are hereinafter provided in the Case of Appeals in respect of Penalties and Forfeitures", to appeal to the Quarter Sessions of the County or Place in which the Cause of Appeal shall have arisen; and it shall be lawful for the Justices in such Quarter Sessions, upon the Hearing of such Appeal, either to confirm or quash the Determination, or to make such other Order in regard to the Method of carrying the Railway across such Highway as aforesaid, as to them shall seem fit, and to make such Order concerning the Costs, both of the original Application and of the Appeal, as to them shall seem reasonable. 61. If the Railway shall cross any Highway other and Fences than a public Carriageway on the Level, the Company shall, at their own Expense, make and at all Times maintain convenient Ascents and Descents and other convenient Approaches, with Handrails or other Fences, and shall, if such Highway be a Bridleway, erect and at all Times maintain good and sufficient Gates, and if the same shall be a Footway, good and sufficient Gates or Stiles, on each Side of the Railway where the Highway shall communicate therewith. Proceedings to enforce 62. If, where the Railway shall cross any Highway on the Level, the Company fail to make convenient proaches and Ascents and Descents or other convenient Approaches, Fences, &c.; and such Handrails, Fence, Gates, and Stiles as they are such Ap to Justices: herein-before required to make, it shall be lawful for Application Two Justices, on the Application of the Surveyor of Roads, or of any Two Householders within the Parish or District where such Crossing shall be situate, after not less than Ten Days Notice to the Company, to order the Company to make such Ascent and Descent or other Approach, or such Handrails, Fences, Gates, or Stiles as aforesaid, within a Period to be limited for that Purpose by such Justices; and if the Company fail to comply Penalties. with such Order they shall forfeit Five Pounds for every Day that they fail so to do; and it shall be lawful for the Justices by whom any such Penalty is imposed, to order the whole or any Part thereof to be applied in such Manner and by such Person as they think fit, in executing the Work in respect whereof such Penalty was incurred. Turnpike public Roads Board of application to Company. 63. If the Commissioners or Trustees of any Turn- Screens for pike Road, or the Surveyor of any Highway, apprehend Roads, Danger to the Passengers on such Road in consequence Screen for of Horses being frightened by the Sight of the Engines may be or Carriages travelling upon the Railway, it shall be ordered by lawful for such Commissioners, or Trustees, or Surveyor, Trade, on after giving Fourteen Days Notice to the Company, to after Notice apply to the Board of Trade with respect thereto; and if it shall appear to the said Board that such Danger might be obviated or lessened by the Construction of any Works in the Nature of a Screen near to or adjoining the Side of such Road, it shall be lawful for them, if they shall think fit, to certify the Works necessary or proper to be executed by the Company for the Purpose of obviating or lessening such Danger, and by such Certificate to require the Company to execute such Works within a certain Time after the Service of such Certificate, to be appointed by the said Board. failing to construct time limited, 64. Where by any such Certificate as aforesaid the Penalty for Company shall have been required to execute any such fict Work in the Nature of a Screen, they shall execute and Screens in complete the same within the Period appointed for that according to Purpose in such Certificate; and if they fail so to do, Board of they shall forfeit to the said Commissioners, or Trustees, Trade. or Surveyor, Five Pounds for every Day during which 2 Interpretation of "Turnpike Road" in Ireland, § 3, (p. 124.) Certificate of Repair of Justices may Fences, &c., pany bound to keep the works in repair. such Works shall remain uncompleted beyond the Period so appointed for their Completion; and it shall be lawful for the Justices by whom any such Penalty is imposed, to order the whole or any Part thereof to be laid out in executing the Work in respect whereof such Penalty was incurred. 65. Where, under the Provisions of this or the special Works. Act, or any Act incorporated therewith, the Company order Repair are required to maintain or keep in repair any Bridge, of Bridges, Fence, Approach, Gate, or other Work executed by where Com them, it shall be lawful for Two Justices, on the Application of the Surveyor of Roads, or of any Two Householders of the Parish or District where such Work may be situate, complaining that any such Work is out of repair, after not less than Ten Days Notice to the Company, to order the Company to put such Work into complete Repair within a Period to be limited for that Purpose by such Justices; and if the Company fail to comply with such Order they shall forfeit Five Pounds for every Day that they fail so to do; and it shall be lawful for the Justices by whom any such Penalty is imposed, to order the whole or any Part thereof to be applied in such Manner and by such Persons as they think fit, in putting such Work into repair. Penalty. Construc tion of Power to the mode of 66. And whereas Expense might frequently be avoided, and public Convenience promoted, by a Reference to the Board of Trade upon the Construction of public Works of an engineering Nature connected with determine the Railway, where a strict Compliance with the Proconstruction visions of this or the special Act might be impossible, or attended with Inconvenience to the Company and without adequate Advantage to the Public; be it enacted, That in case any Difference in regard to the Construction, Alteration, or Restoration of any Road or in certain cases: a As under § 22, 46, 47, 53, 61, 68 70, &c. |