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RAILWAYS CLAUSES ACT 1863

RAILWAYS CLAUSES ACT 1863 - LONG TITLE

An Act for consolidating in One Act certain Provisions frequently
inserted in Acts relating to Railways.{1}
[28th July 1863]
1845 c.20

And Whereas sundry provisions of the like nature, but not comprised
in the said general Acts respectively, are now frequently introduced
into Acts of Parliament relating to railways; and it is expedient
to comprise such last-mentioned provisions also in one general Act
such Act to be applicable to ... Ireland... as the case may
require, and that as well for the purpose of avoiding the necessity
of repeating such provisions in special Acts relating to railways,
as for ensuring greater uniformity in the provisions themselves:

RAILWAYS CLAUSES ACT 1863 - SECT 1
Short title.

1. This Act may be cited as "The Railways Clauses Act, 1863."

RAILWAYS CLAUSES ACT 1863 - SECT 2
Division of Act into parts.

2. This Act shall be deemed to be divided into five parts, as
follows:

Part I relating to construction of a railway;

Part II relating to extension of time;

Part III relating to working agreements;

Part IV relating to steam vessels;

Part V relating to amalgamation.

Application of Part I, and interpretation of terms.

RAILWAYS CLAUSES ACT 1863 - SECT 3

3. This part of this Act shall apply to the railway authorized to
be constructed by any special Act hereafter passed and incorporating
this part of this Act.

In this part of this Act

All terms used have the same meanings as the same terms have when
used in the Railways Clauses Consolidation Act, 1845, and the
Railways Clauses Consolidation (Scotland) Act, 1845, respectively:

The term "tidal river" means any part of a river within the flow
and ebb of the tide at ordinary spring tides:

The term "tidal water" means any part of the sea or any part of
a river within the flow and ebb of the tide at ordinary spring
tides:

The term "tidal lands" means such parts of the bed, shore, or
banks of a tidal water as are covered and uncovered by the flow
and ebb of the tide at ordinary spring tides.

The provisions respecting the recovery of penalties contained in the
said Railways Clauses Consolidation Acts respectively, as the case
may require, shall be incorporated with this part of this Act.

Power to alter engineering works.

RAILWAYS CLAUSES ACT 1863 - SECT 4

4. Notwithstanding anything in the said Railways Clauses Consolidation
Acts, respectively contained, the company in the construction of the
railway may deviate from the line or level of any arch, tunnel or
viaduct, described on the deposited plans or sections, so as the
deviation be made within the limits of deviation shown on those
plans, and subject to the limitations contained in sections eleven,
twelve, and fifteen of those Acts respectively, and so as the
nature of the work described be not altered, and may also
substitute any engineering work not shown on the deposited plans or
sections, for an arch, tunnel, or viaduct, as shown thereon;
provided, that every such substitution be authorized by a certificate
of the Board of Trade; and the Board of Trade may grant such
certificate in case it appears to them, on due inquiry, that the
company has acted in the matter with good faith, and that the
owners, lessees, and occupiers of the lands in which the
substitution is intended to be made consent thereto, and also that
the safety and convenience of the public will not be diminished
thereby.

Provided, that nothing in the present section shall affect any power
given to the company or to the Board of Trade by section eleven,
twelve, fourteen, or fifteen of the last-mentioned Acts respectively.

Trains not to be shunted, &c. over level crossings.

RAILWAYS CLAUSES ACT 1863 - SECT 5

5. Where the company is authorized by the special Act to carry the
railway across a turnpike road or public carriage road on a level,
it shall not be lawful for the company in shunting trains to pass
any train over the level crossing, or at any time to allow any
train, engine, carriage or truck to stand across the same.

RAILWAYS CLAUSES ACT 1863 - SECT 6
Company to erect lodge at point of crossing, &c.

6. For the greater convenience and security of the public, the
company shall erect and permanently maintain a lodge at the point
where the railway crosses on the level the turnpike road or public
carriage road; and the company shall be subject to and shall abide
by all such regulations with regard to the crossing thereof on the
level, or with regard to the speed at which trains may pass the
level crossing, as may from time to time be made by the Board of
Trade.

If the company fails to erect, or to maintain, such lodge, or to
appoint or keep a proper person to watch or superintend the level
crossing, or to observe or abide by any such regulation as
aforesaid, they shall for every such offence be liable to a penalty
not exceeding twenty pounds, and also to a penalty of ten pounds
for every day during which the offence continues after the penalty
of twenty pounds is incurred.

RAILWAYS CLAUSES ACT 1863 - SECT 7
Board of Trade may require bridge instead of level crossing.

7. The Board of Trade may, if it appears to them necessary for
the public safety, at any time after the passing of the special
Act, require the company, within such time as the Board of Trade
directs, and at the expense of the company, to carry the turnpike
road or public carriage road either under or over the railway by
means of a bridge or arch, instead of crossing the same on the
level, or to execute such other works as, under the circumstances
of the case, may appear to the Board of Trade best adapted for
removing or diminishing the danger arising from the level crossing.

Where the road is so carried either under or over the railway, it
shall not be necessary for the company to erect or maintain a
lodge at the point where the road is crossed, or to appoint a
person to watch or superintend the crossing thereat, nor shall they
be liable to any penalty for failure so to do.

RAILWAYS CLAUSES ACT 1863 - SECT 8
Power to company to take additional land for the work.

8. If the Board of Trade certifies that the public safety requires
that additional lands be taken by the company for the purpose of
the work directed by the Board of Trade to be executed, the
company may, subject to the provisions of the Lands Clauses
Consolidation Act, 1845, ... enter upon, take, and use, all or any
part of the lands specified in the certificate of the Board of
Trade as being necessary for the purpose of the work; and the
Board of Trade before issuing the certificate shall cause at least
three months notice to be given to any person who may be entitled
to claim under the last-mentioned Acts, or otherwise, compensation in
respect of the taking of such lands or in respect of such work.

Communications with other railways to be made under the direction of
the engineer of those railways.

RAILWAYS CLAUSES ACT 1863 - SECT 9

9. Where the company is authorized by the special Act to make a
junction between the railway and any other railway, then and in
every such case all interferences with the works of the other
railway, necessary or convenient for effecting the junction, shall be
made under the superintendence and to the reasonable satisfaction of
the engineer for the time being of the company or person to whom
the other railway belongs; and in case of any difference arising as
to the mode of effecting the junction, the same shall be determined
by a referee to be appointed by the Board of Trade, on the
application of either party, at the cost of the company making the
junction.

RAILWAYS CLAUSES ACT 1863 - SECT 10
Company to acquire only easements in land of other railway company.

10. With respect to any lands belonging to the company or person
to whom the other railway belongs, which the company are by the
special Act authorized to use, enter upon, or interfere with, for
the purposes of the junction, the company shall not, except by
agreement, or unless otherwise provided in the special Act, purchase
and take the same, but the company may purchase and take, and such
other railway company or person may and shall sell and grant
accordingly, an easement or right of using the same for the
purposes of the junction.

RAILWAYS CLAUSES ACT 1863 - SECT 11
Company not to take lands or interfere with works of other company
further than necessary.

11. Nothing relative to the junction in this Act contained shall be
deemed to authorize the company for the purposes of the junction to
take or enter upon any lands belonging to the company or person to
whom the other railway belongs, or to alter or interfere with any
railway, or any of the works thereof, further or otherwise than is
necessary for making the junction and inter-communication between the
railways, as shown on the deposited plans and sections of the
railway to which the special Act relates, without the previous
consent in writing in every instance of such other railway company
or such person.

RAILWAYS CLAUSES ACT 1863 - SECT 12
Signals, watchmen, &c.

12. The company or person with whose railway the junction is made
may from time to time erect such signals and conveniences incident
to the junction, either on their or his own lands or on the lands
of the company making the junction, and may from time to time
appoint and remove such watchmen, switchmen, or other persons, as
may be necessary for the prevention of danger to or interference
with the traffic at and near the junction. The working and
management of such signals and conveniences, wherever situate, shall
be under the exclusive regulation of the company or person with
whose railway the junction is made; and all the expenses of
erecting and maintaining those signals and conveniences, and of
employing those watchmen, switchmen, and other persons, and all
incidental current expenses, shall, at the end of every half year,
be repaid by the company making the junction, and in default
thereof may be recovered from them in any court of competent
jurisdiction.

Lights on works.

RAILWAYS CLAUSES ACT 1863 - SECT 13

13. Where the company is authorized by the special Act to
construct, alter, or extend any work on, in, over, through, or
across tidal lands or a tidal water, the company shall, on or near
the work, during the whole time of the constructing, altering, or
extending thereof, exhibit and keep burning at their own expense,
every night from sunset to sunrise, such lights (if any) as the
Board of Trade from time to time requires or approves; and
(notwithstanding the enactments for the time being in force
respecting lighthouses) shall also on or near the work, when
completed, always maintain, exhibit, and keep burning, at their own
expense, every night from sunset to sunrise, such lights (if any)
for the guidance of ships as the Board of Trade from time to time
requires or approves.

If the company fails to comply in any respect with the provisions
of the present section, they shall for each night in which they so
fail be liable to a penalty not exceeding twenty pounds.

RAILWAYS CLAUSES ACT 1863 - SECT 14
Construction of bridges.

14. Where the company is authorized or required by the special Act
to construct a bridge over a navigable tidal water, and the special
Act does not make express provision respecting the span or spans
thereof, then the company shall construct the same with a span or
spans of such headway and waterway, and with such opening span or
spans (if any), and according to such plan, as the Board of Trade
directs or approves.

RAILWAYS CLAUSES ACT 1863 - SECT 15
User of bridges.

15. Where the company constructs a bridge with an opening span, it
shall not be lawful for the company to detain any vessel, barge,
or boat at the bridge for a longer time than may be necessary for
admitting a carriage or engine traversing the railway and approaching
the bridge to cross the bridge, and for opening the bridge to
admit the vessel, barge, or boat to pass; and the company shall be
subject to and shall abide by such regulations with regard to the
user of the bridge as may from time to time be made by the Board
of Trade.

If the company detains a vessel, barge, or boat longer than the
time aforesaid, or fails in any respect to abide by any such
regulation as aforesaid, they shall for every such offence be liable
to a penalty not exceeding twenty pounds, without prejudice to any
remedy against them for any loss or damage sustained by any person.

RAILWAYS CLAUSES ACT 1863 - SECT 16
Access to the shore under or across the railway.

16. Where the railway cuts off access between the land and a tidal
water or tidal lands, then and in every such case the company
shall, during the construction of the railway, and from time to
time thereafter, make, and shall permanently maintain, and allow to
be used by all persons, at all times, free of toll or other
charge, all such footways and carriageways over, under, or across
the railway, or on a level therewith, as the Board of Trade from
time to time directs or approves: Provided always, as follows:

(1)The company shall not be obliged to make a footway or
carriageway over lands for the use of an owner or occupier who has
agreed to receive and has been paid compensation for the severance
thereof from the tidal water or tidal lands:

(2)The company shall not be obliged to make or to allow to be
made a footway or carriageway in such manner as would interfere
with the working or using of the railway:

(3)The expense of the making and maintenance of a footway or
carriageway required to be made after the construction of the
railway shall be defrayed by the persons or body interested in the
tidal water or tidal lands for whose benefit or convenience the
same is required.

Prohibition of deviation without consent of Board of Trade.

RAILWAYS CLAUSES ACT 1863 - SECT 17

17. Where the company is authorized by the special Act to construct
a railway skirting a public navigable tidal river or channel, the
company shall not make any deviation of the railway from the
continuous centre line thereof marked on the plan deposited by them
at the Board of Trade, even within the limits of deviation shown
on that plan, in such manner as to diminish the navigable space,
without the previous consent of the Board of Trade, or otherwise
than in such manner as is expressly authorized by the Board of
Trade.

If any deviation is made in contravention of the present section,
the Board of Trade may abate and remove the work in the
construction whereof the deviation is made, or any part thereof, and
restore the site thereof to its former condition, at the expense of
the company; and the amount of such expense shall be a debt due
from the company to the Crown, and be recoverable accordingly with
costs; or the same may be recovered, with costs, as a penalty is
recoverable from the company.

RAILWAYS CLAUSES ACT 1863 - SECT 18
Abatement of work abandoned or decayed.

18. If a work constructed by the company on, in, over, through, or
across tidal lands or a tidal water is abandoned, or suffered to
fall into decay, the Board of Trade may abate and remove the work,
or any part of it, and restore the site thereof to its former
condition, at the expense of the company; and the amount of such
expense shall be a debt due from the company to the Crown, and be
recoverable accordingly, with costs; or the same may be recovered,
with costs, as a penalty is recoverable from the company.

RAILWAYS CLAUSES ACT 1863 - SECT 19
Survey of works by Board of Trade.

19. If at any time the Board of Trade deems it expedient, for the
purposes of the special Act or of this part of this Act, to order
a survey and examination of a work constructed by the company on,
in, over, through, or across tidal lands or tidal water, or of the
intended site of any such work, the company shall defray the
expense of the survey and examination; and the amount thereof shall
be a debt due from the company to the Crown, and be recoverable
accordingly, with costs; or the same may be recovered, with costs,
as a penalty is recoverable from the company.

Parties aggrieved by extension of time may have compensation for
additional damage.

RAILWAYS CLAUSES ACT 1863 - SECT 20

20. Where a railway is authorized to be constructed by a special
Act passed either before or after the passing of this Act, and the
time limited by the special Act for the exercise of powers of
compulsory purchase of lands, or of powers for construction of the
railway and works, is extended by a special Act hereafter passed
and incorporating this part of this Act,then and in every such case
the justices, arbitrators, umpires, or juries, as the case may be,
who award or assess the compensation to be made by the company to
the owners or occupiers of, or other persons interested in, lands
taken or used for the purposes of the railway and works, or
injuriously affected by the construction thereof, shall, in estimating
the amount of such compensation, have regard to, and assess
compensation for, the additional damage (if any) sustained by those
owners, occupiers, or other persons, by reason of the extension of
time.

RAILWAYS CLAUSES ACT 1863 - SECT 21
Existing contracts and notices to take lands not to be affected.

21. The extension of time shall not affect any contract entered
into or notice given by the company before the passing of the
special Act granting the extension, for purchasing, taking, or using
any lands which the company was entitled to purchase, take, or use;
but every such contract and notice shall be construed and take
effect, and the same proceedings may be had thereunder, and all
parties thereto shall be entitled to the same rights and remedies
in respect thereof, at law and in equity, as if the extension had
not been granted.

Agreements between companies shall not alter tolls, &c.

RAILWAYS CLAUSES ACT 1863 - SECT 22

22. Where two or more companies are authorized by a special Act
hereafter passed and incorporating this part of this Act to agree
among themselves with respect to all or any of the following
purposes; namely,

The maintenance and management of the railways of the companies
respectively, or any one or more of them, or any part thereof
respectively, and of the works connected therewith respectively, or
any of them;

The use and working of the railways or railway, or of any part
thereof, and the conveyance of traffic thereon;

The fixing, collecting, and apportionment of the tolls, rates,
charges, receipts, and revenues levied, taken, or arising in respect
of traffic;

Sanction of shareholders to agreements.

RAILWAYS CLAUSES ACT 1863 - SECT 23

23. The agreement shall not, save so far as its terms and
conditions are authorized by the Railways Clauses Consolidation Act,
1845, ... or by any other general statute or law from time to
time in force with respect to the companies parties to the
agreement, have any operation unless and until it is sanctioned by
such proportion of the votes of the shareholders and stockholders
entitled to vote in that behalf at meetings of the several
companies parties thereto, present (personally or by proxy) at a
general meeting of each company specially convened for the purpose
(in manner herein-after mentioned), as is prescribed in the special
Act, and, if no proportion is prescribed, then by three-fifths of
such votes.

Every such meeting shall be convened by circular addressed to each
such shareholder and stockholder, and served in the manner prescribed
by the Companies Clauses Consolidation Act, 1845, ... as the case
may require, with respect to notices requiring to be served by the
company upon the shareholders, and also by advertisement inserted
once at least in each of two consecutive weeks in some newspaper
published or circulating in the county prescribed in the special
Act, and if no county is prescribed, then in the county in which
the head office of the company is situate; the last of such
advertisements to be published not less than seven days before the
meeting.

RAILWAYS CLAUSES ACT 1863 - SECT 24
Public notice of intention to enter into such agreement.

24. Before the companies enter into the agreement, notice of their
intention to do so shall be given by them or one of them, in a
form to be approved by the Board of Trade, inserted once at least
in each of three successive weeks in some newspaper published or
circulating in the county prescribed in the special Act, and if no
county is prescribed, then in the county or one of the counties in
which each railway, to the maintenance, management, use, or working
whereof the proposed agreement relates, or some portion of that
railway, is situate; and the notice shall set forth within what
time and in what manner any company or person aggrieved by the
proposed agreement, and desiring to object thereto, may bring the
objection before the Board of Trade.

RAILWAYS CLAUSES ACT 1863 - SECT 25
Approval of Board of Trade.

25. The agreement shall not have any operation until it is approved
by the Board of Trade; and the Board of Trade shall not approve
the agreement without being satisfied of its having received such
sanction of meetings of the respective companies as aforesaid.

RAILWAYS CLAUSES ACT 1863 - SECT 26
Joint committee for purposes of agreement.

26. The companies parties to the agreement may, in accordance
therewith and for the purposes thereof, appoint a joint committee,
composed of such number of the directors of each company as the
companies think proper, and from time to time may vary and renew
the joint committee as occasion requires, and may regulate the
proceedings of the joint committee, and may delegate to the joint
committee all such of the powers of the companies as the companies
think necessary for carrying into effect the purposes of the
agreement; and the joint committee shall have and may exercise the
powers so from time to time delegated to them in like manner as
the same powers might be had and exercised by the companies
respectively or their respective directors.

RAILWAYS CLAUSES ACT 1863 - SECT 27
Agreements between companies may be modified by Board of Trade.

27. At the expiration of the first or any subsequent period of ten
years after the making of the agreement, the Board of Trade may,
if they are of opinion that the interests of the public are
prejudicially affected thereby, cause the same to be revised; and
the Board of Trade may require the companies parties thereto to
publish such notices of any intended revision of the agreement as
the Board of Trade may direct; and the Board of Trade may modify
the agreement in such manner as may seem expedient for the
protection of the interests of the public, and may declare the
modification to be part of the agreement; and the same shall be
read and take effect accordingly.

RAILWAYS CLAUSES ACT 1863 - SECT 28
Working agreements between a company and an individual.

28. Where a company is authorized by a special Act hereafter
passed, and incorporating this part of this Act, to agree with a
person being the proprietor of a railway with respect to all or
any of the purposes specified in this part of this Act, then and
in every such case the provisions of this part of this Act shall
apply, mutatis mutandis, to the company in relation to such
authority and to the agreement entered into by virtue thereof.

RAILWAYS CLAUSES ACT 1863 - SECT 29
Alteration of agreement.

29. For the purposes of this part of this Act, any alteration of
an agreement by the parties thereto shall be deemed an agreement.

S.30 rep. by SLR (NI) 1954. S.31 rep. by SLR 1966

RAILWAYS CLAUSES ACT 1863 - SECT 32
Company empowered to make byelaws for regulating traffic on steam
vessels.

32. The company may from time to time make byelaws in relation to
passengers, animals, and goods conveyed in or upon the steam
vessels, and as to the embarkation and disembarkation thereof
respectively, and may enforce the observance of the same by
penalties, in the same manner as they may with respect to
passengers, animals, and goods conveyed upon their railway; such
byelaws to be sanctioned and authenticated in the same manner as is
required by any special or other Act with respect to byelaws
relating to the company's railway and being published by being
painted on boards, or printed on paper and pasted on boards, and
hung up or affixed and continued on some conspicuous part of every
steam vessel and landing-place of the company; and such byelaws, and
all penalties in respect of the breach thereof, shall be enforced
and recovered in the same manner as is provided with respect to
byelaws relating to the company's railway and to penalties in
respect of the breach thereof.

RAILWAYS CLAUSES ACT 1863 - SECT 33
Recovery of money by distress.

33. All tolls and charges for the steam vessels due and payable to
the company on any account whatsoever, and all costs, damages, and
expenses by the special Act directed to be paid in respect of the
steam vessels, may be levied by distress; and in ..., Ireland any
justice ... may, on application by or on behalf of the company,
issue his warrant accordingly.

The justice ... who issues the warrant of distress may order that
the costs of the proceedings for the recovery of the toll or sum
shall be paid by the person liable to pay the toll or sum; and
the costs shall be ascertained by the justice..., and shall be
included in the warrant of distress for the recovery of the toll
or sum.

RAILWAYS CLAUSES ACT 1863 - SECT 34
Several names in one warrant.

34. Any number of names and sums may be included in any warrant
of distress or notice obtained or given by the company for any of
the purposes of this part of this Act, or of the provisions of
the special Act with respect to the steam vessels, and may be
stated either in the body of the warrant or notice, or in a
schedule thereto.

RAILWAYS CLAUSES ACT 1863 - SECT 35
Provision for cesser of powers as to steam vessels, on report from
Board of Trade.

35. In every seventh year after the passing of the special Act,
reckoned from the first day of January next after its passing, the
Board of Trade, if they are of opinion that the interests of the
public are prejudicially affected by the exercise of the powers of
the company relative to steam vessels, may give to the company
notice in writing thereof, and of the reasons on which that opinion
is founded; and if the company does not before the beginning of
the then next session of Parliament make provision to the
satisfaction of the Board of Trade for protection of the interests
of the public, or if the injury done to the interests of the
public is in the opinion of the Board of Trade incapable of being
remedied by the company, then the Board of Trade, at the beginning
of the session of Parliament then next following, shall report to
both Houses of Parliament such their opinion, and the reasons on
which that opinion is founded; and at the expiration of twelve
calendar months after the presentation to the Houses of Parliament
of that report, the powers of the company relative to steam
vessels, or such of them, as are specified in the report, shall,
unless Parliament in the meantime otherwise provides, cease to be
exercised.

Part V (ss.3655) rep. by SLR 1966