Branch Railways. ways may be with the Railway: he shall forfeit for every such Offence any Sum not ex 76. And be it enacted, That this or the special Act shall not prevent the Owners or Occupiers of Lands adBranch Rail- joining to the Railway, or any other Persons, from laymade, com- ing down, either upon their own Lands or upon the municating Lands of other Persons, with the Consent of such Persons, any collateral Branches of Railway to communicate with the Railway, for the Purpose of bringing Carriages to or from or upon the Railway, but under and subject to the Provisions and Restrictions of an Act passed in the Sixth Year of the Reign of Her present Majesty, intituled, An Act for the better Regulation of Railways, and for the Conveyance of Troops; and the Company shall, if required, at the Expense of such Owners and Occupiers and other Persons, and subject also to the Provisions of the said last-mentioned Act, make Openings in the Rails, and such additional Lines of Rail as may be necessary for effecting such Communication, in Places where the Communication can be made with Safety to the Public, and without Injury to the Railway, and without Inconvenience to the Traffic thereon; and the Company shall not take any Rate or Toll or other Monies for the passing of any Passengers, Goods, or other Things along any Branch so to be made by any such Owner or Occupier or other Person; but this Enactment shall be subject to the following Restrictions and Conditions; (that is to say,) Restrictions and Conditions; No such Branch Railway shall run parallel to the The Company shall not be bound to make any such a5 & 6 Vic. c. 55, § 12, (IV. 12.) Communication would interfere, nor upon any The Persons making or using such Branch Railways Bye Laws shall be subject to all Bye Laws and Regulations and Regulaof the Company from Time to Time made with respect to passing upon or crossing the Railway, and otherwise; and the Persons making or using such Branch Railways shall be bound to construct, and from Time to Time, as Need may require, to renew, the offset Plates and Switches according to the most approved Plan adopted by the Company, and under the Direction of their Engineer. or near Rail And with respect to Mines lying under or near the Mines under Railway, be it enacted as follows: way. entitled to quisite for of Railway, or by pur chase. Mines lying under or near the 77. The Company shall not be entitled to any Mines Company not of Coal, Ironstone, Slate, or other Minerals, under any Mines except Land purchased by them, except only such Parts thereof portions reas shall be necessary to be dug or carried away or used construction in the Construction of the Works, unless the same shall have been expressly purchased; and all such Mines, excepting as aforesaid, shall be deemed to be excepted out of the Conveyance of such Lands, unless they shall have been expressly named therein and conveyed thereby. 78. If the Owner, Lessee, or Occupier of any Mines or Minerals lying under the Railway, or any of the Works connected therewith, or within the prescribed Railway, not Distance, or, where no Distance shall be prescribed, if Company Forty Yards therefrom, be desirous of working the purchase same, such Owner, Lessee, or Occupier shall give to the them. Company Notice in Writing of his Intention so to do Thirty Days before the Commencement of working; and 30 days' upon the Receipt of such Notice, it shall be lawful for the Company to cause such Mines to be inspected by any Person appointed by them for the Purpose; and if it appear to the Company that the working of such Mines or Minerals is likely to damage the Works of the to be worked, willing to Notico. If Company unwilling to Owner may purchase, work the Mines: damage to Railway or works to be Railway, and if the Company be willing to make Compensation for such Mines or any Part thereof to such Owner, Lessee, or Occupier thereof, then he shall not work or get the same; and if the Company, and such Owner, Lessee, or Occupier, do not agree as to the Amount of such Compensation, the same shall be settled as in other Cases of disputed Compensation". 79. If before the Expiration of such Thirty Days, the Company do not state their Willingness to treat with such Owner, Lessee, or Occupier for the Payment of such Compensation, it shall be lawful for him to work the said Mines or any Part thereof for which the Company shall not have agreed to pay Compensation, so that the same be done in a Manner proper and necessary for the beneficial Working thereof, and according to the usual Manner of working such Mines in the District where the same shall be situate; and if any Damage or Obstruction be occasioned to the Railway or Works made good. by improper Working of such Mines, the same shall be forthwith repaired or removed, as the Case may require, and such Damage made good, by the Owner, Lessee, or Occupier of such Mines or Minerals, and at his own Expense; and if such Repair or Removal be not forthwith done, or, if the Company shall so think fit, without waiting for the same to be done by such Owner, Lessee, or Occupier,-it shall be lawful for the Company to execute the same, and recover from such Owner, Lessee, or Occupier the Expense occasioned thereby, by Action in any of the Superior Courts. Mining Communications. 80. If the Working of any such Mines under the Railway or Works, or within the above-mentioned Distance therefrom, be prevented as aforesaid by reason of apprehended Injury to the Railway, it shall be lawful for the respective Owners, Lessees, and Occupiers of such Mines, and whose Mines shall extend so as to lie on both Sides of the Railway, to cut and make such and so many Airways, Headways, Gateways, or Water Levels through the Mines, Measures, or Strata, the working whereof shall be so prevented, as may be requisite to enable them to ventilate, drain, and work their said Mines; but no such Airway, Headway, Gateway, or Water Level shall be of greater Dimensions or Section than the prescribed Dimensions and Sections, and where no Dimensions shall be described, not greater than Eight Feet wide and Eight Feet high; nor shall the same be cut or made upon any Part of the Railway or Works, or so as to injure the same, or to impede the Passage thereon. make Com to Mines by severance of lands, &c. 81. The Company shall from Time to Time pay to company to the Owner, Lessee, or Occupier of any such Mines ex- pensation for tending so as to lie on both Sides of the Railway, all Injury done such additional Expenses and Losses as shall be incurred by such Owner, Lessee, or Occupier, by reason of the Severance of the Lands lying over such Mines by the Railway, or of the continuous working of such Mines being interrupted as aforesaid, or by reason of the same being worked in such Manner and under such Restrictions as not to prejudice or injure the Railway, and for any Minerals not purchased by the Company which cannot be obtained by reason of making and maintaining the Railway; and if any Dispute or Question shall arise between the Company and such Owner, Lessee, or Occupier as aforesaid, touching the Amount of such Losses or Expenses, the same shall be settled by Arbitrationb. tion for lands lying over mines 82. If any Loss or Damage be sustained by the CompensaOwner or Occupier of the Lands lying over any such damage to Mines the working whereof shall have been so prevented as aforesaid (and not being the Owner, Lessee, or Occu- by Airways pier of such Mines), by reason of the making of any works. such Airway or other Work as aforesaid, which or any like Work would not have been necessary to be made, “Described": sic; prescribed? Provisions as to Arbitration, § 126 et seq. (p. 184 &c.) or other Power to Company to enter and working of Mines to ascertain jurious to Railway. but for the working of such Mines having been so prevented as aforesaid, the Company shall make full Compensation to such Owner or Occupier of the Surface Lands for the Loss or Damage so sustained by him. 83. For better ascertaining whether any such Mines are being worked or have been worked so as to damage the Railway or Works, it shall be lawful for the Company, after giving Twenty-four Hours Notice in Writwhether in- ing, to enter upon any Lands through or near which the Railway passes wherein any such Mines are being worked or are supposed so to be, and to enter into and return from any such Mines or the Works connected therewith; and for that Purpose it shall be lawful for them to make Use of any Apparatus or Machinery belonging to the Owner, Lessee, or Occupier of such Mines, and to use all necessary Means for discovering the Distance from the Railway to the Parts of such Mines which are being worked or about so to be. Penalty for Refusal to allow inspection. If Mines worked, the Company may require adopted for 84. If any such Owner, Lessee, or Occupier of any such Mine shall refuse to allow any Person appointed by the Company for that Purpose to enter into and inspect any such Mines or Works in manner aforesaid, every Person so offending shall for every such Refusal forfeit to the Company a Sum not exceeding Twenty Pounds. 85. If it appear that any such Mines have been improperly worked contrary to the Provisions of this or the special Act, the Company may, if they think fit, give Notice to means to be the Owner, Lessee, or Occupier thereof to construct the Safety of such Works and to adopt such Means as may be necesthe Railway sary or proper for making safe the Railway, and preventing Injury thereto; and if after such Notice, such Owner, Lessee, or Occupier do not forthwith proceed to construct the Works necessary for making safe the Railway, the Company may themselves construct such Works, and recover the Expense thereof from such Owner, Lessee, or Occupier by Action in any of the Superior Courts. any |