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mine the amount of costs incurred in that behalf, and by whom 38 & 39 Vict. such costs or any part of them shall be paid.
X. Entry on Lands for the purposes of the Act. Whenever it becomes necessary for a local authority or any of their officers to enter, examine or lay open any lands or premises for the purpose of making plans, surveying, measuring, taking levels, making, keeping in repair or examining works, ascertaining the course of sewers or drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises refuses to permit the same to be entered upon, examined or laid open for the purposes aforesaid or any of them, tho local authority may, after written notice to such owner or occupier, apply to a court of summary jurisdiction for an order authorizing the local authority to enter, examine and lay open the said lands and premises for the said purposes.
If no sufficient cause is shown against the application, the court may make an order accordingly, and on such order being made, the local authority or any of their officers may at all reasonable times, between the hours of nine in the forenoon and six in the afternoon, enter, examine or lay open the lands or premises mentioned in such order for such of the said purposes as are therein specified, without being subject to any action for so doing : Provided that, except in case of emergency, no entry is to be made or works commenced unless at least twenty-four hours' notice of the intended entry and of the object thereof be given to the occupier of the premises intended to be entered (s. 305).
[For Forms under “The Public Health Act, 1875," see Oke's Formulist," 6th ed. pp. 345—348, and pp. 924—930.]
PUBLIC WORKS. Local boards of health may allow owners to repay expenses of 27 & 28 Vict. private improvement works (27 & 28 Vict. c. 104, s. 5), which would c. 104. then be leviable as private improvement rates, and recoverable before justices (see tits. “ Public Health and “ Rates,” post).
QUARTER SESSIONS. When holden in Counties, &c.] 11 Geo. 4 & 1 Will. 4, c. 70, s. 35, 11 Geo. 4 & provides that the justices of the peace in every county, riding or
1 Will. 4, c. 70. division for which quarter sessions ought to be held, are to hold their general quarter sessions in the first full week (Sunday being deemed the first day of the week] after the 11th October; 28th December, 31st March (but see infra]; and 24th June. As to the Easter sessions, 4 & 5 Will. 4, c. 47, authorizes the justices at the
$$35: e. 1. Sect. i
CTET, &c. in Plans, de.
Talsi, ii apr omission, misstatement or erroDeces degrindinis made of any lands, or of the owners, &c. serai, darbai ca kerass or books of reference mentioned in the specii act, the ccruer, after giring ten days' notice to the
143 The set et S & 9 Tit. c. 20, is “ The Railars Clauses Consolidan A4:43"barries “to every railway which shall by any act và cu bereafter a Mir, 1845 be passed be authorized to be contractedssdth-thic be in virporated with such act" (s. 1). By sect. 3, the word "sti mesn a justice of the peace acting for the county, city, burcughberty. cinque pert, or place where the matter requiring the ognizance of any suh justice shall arise, and who shall not be interested in tie matter see wkt Lorai Board of Health r. Il est Riding and Grmu Rn. 10., 35 L. J. N. S. V. C. 69: 13 Law T., N. S. 590);and where such matter shall arise in respect of lands, being the property of one and the sine party, situate pot wholly in any one county, &c., shall mean a justice actiog for the county. &c. where any part of such lands shall be situate, and who shall not be interested in such matter;-and wbere any matter shall be authorized or required to be done by two justices, the expression “two justices" shall be understood to mean two justices assembled and acting together.
owners of the lands affected by such proposed correction, may apply 8 & 9 Vict. to two justices for the correction thereof;--and if it appear to such c. 20. justices that such omission, misstatement or erroneous description arose from mistake, they shall certify the same accordingly, and in their certificate state the particulars of any such omission, and in what respect any such matter is misstated or erroneously described, and such certificate is to be deposited with the clerks of the peace of the several counties and the parish clerks of the several parishes in which the lands affected thereby are situate :to be kept by such clerks of the peace and parish clerks respectively, along with the other documents to which they relate:-and thereupon the plan, book of reference or schedule is to be deemed to be corrected according to such certificate;—and the company may make the works in accordance with such certificate. See also sect. 15 as to lateral deviations.
II. Consents of Justices to Deviations, Crossings, &c. To Deviation from Levels.] By 8 & 9 Vict. c. 20, s. 11, in making Sect. 1:. the railway the company cannot deviate from the levels of the railway, as referred to the common datum line described in the section approved of by parliament, and as marked on the same, to any extent exceeding in any place five feet,-or, in passing through a town, village, street or land continuously built upon, two feet, — without the previous consent in writing of the owners and occupiers of the land in which such deviation is intended to be made;-or in case any street or public highway is affected by such deviation, then the same is not to be made without the like consent of the trustees or commissioners having the control of such street or public highway,–or, if there be no such trustees or commissioners, without the like consent of two or more justices of the peace in petty sessions assembled for that purpose, and acting for the district in which such street or public highway is situated (fourteen days' previous notice being given of such petty sessions in some newspaper of the county, and affixed on the door of the parish church), or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gasworks or waterworks affected by such deviation :-provided always, that the company may deviate from the said levels to a further extent without such consent by lowering solid embankments or viaducts, if the requisite height of headway as prescribed by act of parliament be left for roads, streets or canals passing under the
Crossing Roads.] See sects. 6, 16, 53 to 56 hereon. By sect. 46, Sect. 46. 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 is to be carried over the railway, or the railway is to be
8 & 9 Vict. carried over such road, by means of a bridge, of the height c. 20.
width and with ascent or descent by this or the special act in behalf provided;—and such bridge, with the immediate approase ard all other necessary works connected therewith, are to be cuted and at all times thereafter maintained at the expense of company:-provided always, that, with the consent of two or I justices in petty sessions, the company may carry the railway se any highway, other than a public carriage road, on the level. See sect. 49 as to the construction of bridges over roads, and Cl
1. Manchester, Sheffield and Lincolnshire Railway Company, 1J. & Sect. 59. 631. By sect. 59, when the company intend to apply for such o
sent of two justices, they are, fourteen days at least previous to holding of the petty sessions at which such application is inten to be made, to cause notice of such intended application to be git in some newspaper circulating in the county, and also to be afis upon the door of the parish church, &c. ;--and if it appear to anyó or more justices acting for the district in which such highway the proposed crossing thereof is situate, and assembled in pel sessions, after euch notice as aforesaid, that the railway can, co sistently with a due regard to the public safety and convenient
be carried across such highway on the level, such justices in Sect. 60. consent that the same may be so carried accordingly. An appe
to the quarter sessions is given by sect. 60 to either party aggrieti by the determination of such justices upon any such application in like manner and subject to the like conditions as are hereinafte provided in the case of appeals in respect of penalties and for feitures [i. e. in sect. 157, Note 56, ante, p. 331),—and the quarte sessions, upon the hearing of such appeal, may either confirm a quash the determination, or make such other order in regari : the method of carrying the railway across such highway as afore said, as to them shall seem fit, and such order concerning the cost both of the original application and of the appeal as to them sbal seem reasonable. [Vide sect. 65, post, p. 1578, as to the mode of
compelling company to repair bridges, roads, &c.] 26 & 27 Vict.
Deviations on Tidal Rivers.] The expenses of removing works deviated from without consent of Board of Trade, as well as of the
144 In the case of North Staffordshire Rail. Co. v. Dale and others L. J. (N. S.) M. C. 147), it was held that this section provided as a for the construction of the bridge and the roadway over it as for the future maintenance and repairs of both; and that the company is at only bound to make the bridge, considered as the substrature of the railway, but also the roadway on and over that substratum, and to wait tain and repair such substratum and roadway. See Leech v, North Start fordshire Rail. Co. 29 L. J. (N. S.) M. C. 150; 1 Law T., N. S. 380;. London and North Western Rail. Co. v. Surveyors of Highroays of Sertas
, 33 L. J. (N. S.) M. C. 158; 10 Law T., N. S. 650, North of Eagles Rail. Co. v. Longborough, 24 Law T., N. S. 544.
survey, are recoverod from the company with costs, as a penalty is 26 & 27 Vict. recovered (26 & 27 Vict. c. 92, ss. 17, 18, 19).
c. 92. Certificates of Capital subscribed and Paid up before Borrowing, &c.] To be made by a justice, 27 & 28 Vict. c. 120, s. 23; and c. 21, s. 29.
III. Disputes as to Fences, Tolls, Water or Gas Pipes, Dangerous
Trees, and Occupation of Roads and Lands. Water or Gas Pipes.] By 8 & 9 Vict. c. 20, s. 19, the company 8 & 9 Vict. are not to remove or displace any of the mains or pipes (other than c. 20. private service pipes), syphons, plugs or other works belonging to Sect. 19. any company, &c., or to do any thing to impede the passage of water or gas into or through such mains or pipes, until good and sufficient mains, &c., plugs and all other works necessary or proper for continuing the supply of water or gas as before, shall, at the expense of the company, have been first made and laid down in lieu thereof, and be ready for use, in a position as little varying from that of the pipes or mains proposed to be removed or displaced as may be consistent with the construction of the railway, and to the satisfaction of the surveyor or engineer of such water or gas company, &c.,-or, in case of disagreement between such surveyor or engineer and the company, as a justice shall direct.
Lands for Spoil Banks, Sidings or Materials.] By sects. 33, 34, Sects. 33, 34, the railway company is to give three weeks' notice to the owners 35, 36. and occupiers of lands required for spoil banks, sidings or materials, previous to temporary possession being taken. By sect. 35, the owners may object that other lands ought to be taken. By sect. 36, if the objection so made be on the ground that the lands proposed to be taken, or some part thereof, or of the materials contained therein, are essential to be retained by the owner in order to the beneficial enjoyment of other neighbouring lands belonging to him, any justice, on the application of such owner, may summon the company to appear before two justices not later than the expiration of the said twenty-one days' notice—and on the appearance of the company, or in their absence, upon proof of the due service of the summons, such justices may inquire into the truth of such ground of objection ;--and if it appear to such justices that for some special reason, to be stated in the order after mentioned, the lands so proposed to be taken, or any part thereof, or of the materials contained therein, are essential to be retained by the owner of such lands in order to the beneficial enjoyment of other neighbouring lands belonging to him, and ought not therefore to be taken or used by the company, such justices, by writing under their hands, may order that the lands so proposed to be taken, or some part thereof, or of the materials contained therein, to be specified in such order, shall not be taken or used by the company,--and after service