25 & 26 VICT. Cap. 69. For empowering the Admiralty to determine any dispute or difference between or among any bodies or persons: For empowering the Admiralty or the First Lord of the Admiralty to nominate or appoint any arbitrator, referee, or umpire, or any engineer, inspector, or officer, or any person to fill any place or discharge any duty under such Act: or any other provision for the protection, management, or regulation of harbours or navigation, or for the exercise of any control or power over or in relation to any harbour authority, or any other provision in any wise relating to conservancy, or authorising or requiring any Act or thing concerning harbours or navigation or conservancy to be done by or in relation to the Admiralty, Then .1 such Acts and all enactments relative thereto shall be read and construed as if in the respective provisions aforesaid the Board of Trade were named instead of the Admiralty, and the President of the Board of Trade instead of the First Lord of the Admiralty. 1 Preceding words omitted by 56 Vict. c. 14. IX. Power to Admiralty to retain authority over ports, etc., where dockyards, etc., are situate.-Provided always, that where it appears to the Admiralty that the interests of her Majesty's naval service require that the whole or any part of any harbour, port, bay, estuary, or navigable river in, on, or adjoining to which there is or shall be any of her Majesty's dockyards, victualling yards, steam factory yards, arsenals, or naval stations, should be excepted, either entirely or in some respects, out of the operation of the last foregoing section, the Admiralty may give notice in writing to the Board of Trade that any such harbour, port, bay, estuary, or navigable river as aforesaid, or such part thereof as is in the notice specified, is to be deemed so excepted, either entirely or in the respects therein mentioned; and every such notice shall be published by the Admiralty in the London, Edinburgh, or Dublin Gazette (according as the place affected may be in England, Scotland, or Ireland), and thereupon the harbour, port, bay, estuary, or navigable river to which such notice relates, or the part thereof therein specified, shall, either entirely or in the respects therein mentioned, as the case may require, be and remain as if this Act had not been passed, but any such notice may be from time to time varied or at any time revoked by a like notice published in like manner. 26 & 27 VICT. Cap. 33. TAX ON PASSENGER FARES, 1863.1-26 & 27 VICT. CAP. 33. 1 Cited as "The Revenue Act, 1863" (Short Titles Act, 1896). AN ACT FOR GRANTING TO HER MAJESTY CERTAIN DUTIES OF INLAND REVENUE; XIII. Accounts of sums received for the conveyance of ways to be made up at the close of each calendar month. passengers upon rail.' The proprietor or company of proprietors of every railway in Great Britain, and the persons required by law to keep such accounts as aforesaid, shall deliver to the Commissioners of Inland Revenue or to the proper officer appointed for receiving the same, within twenty days after the termination of every calendar month, a true copy or true copies of the accounts of all sums of money received or charged and paid or accounted for, as in the said Act is mentioned, during the whole of the calendar month last preceding; and all the provisions and regulations contained in the said Act with regard to the accounts therein directed to be rendered, and all bonds and securities entered into or given or to be entered into or given with relation thereto, shall apply, continue, and be in force as well with respect to any surety as to the principal in any such bond, and to the accounts to be kept and rendered at the time and in the manner by this Act directed, and the duties payable in respect thereof. 1 Preceding words omitted by 56 Vict. c. 14. XIV. Restriction on exemption from duty on passengers by cheap trains.1 1863. THE RAILWAYS CLAUSES ACT, 1863.-26 & 27 VICT. CAP. 92. Preamble. Whereas The Railways Clauses Consolidation Act, 1845, and The Railways Clauses Consolidation (Scotland) Act, 1845, respectively, were passed in order to comprise in one general Act such provisions relating to railways in England or Ireland, or in Scotland, respectively, as were at the times of the passing of those Acts usually introduced into Acts of Parliament authorising the construction of railways: 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 England or Ireland, or to Scotland, 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.1 1 The words of enactment which follow are omitted by the Stat. Law Rev. Act, 1893, 56 Vict. c. 14. I. Short title. This Act may be cited as "The Railways Clauses Act, 1863." II. Division of Act into parts.—This Act shall be deemed to be divided into five parts, as follows: 26 & 27 VICT. Cap. 92. 200 Part I. relating to construction of a railway; Part V. relating to amalgamation. PART I.-CONSTRUCTION OF A RAILWAY. III. Application of Part I., and interpretation of terms.-This part of this Act shall apply to the railway authorised 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 The term "tidal water" means any part of the sea or any part of a river 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. ALTERATION OF ENGINEERING WORKS. IV. Power to alter engineering works. 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 authorised 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.1 1 See these sections of The Railways Clauses Act, 1845. LEVEL CROSSINGS.1 1 See secs. 40 and 41 of The Act of 1845. V. Trains not to be shunted over level crossings.-Where the company is authorised 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. VI. Company to erect lodge at point of crossing. 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.1 1 See Reg. v. Longe (1897), 66 L.J. Q.B. 278. VII. Board of Trade may require bridge instead of level crossing.—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. VIII. Power to company to take additional land for such work.-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, or The Lands Clauses Consolidation (Scotland) Act, 1845, as the case may require, 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. 1863. JUNCTIONS. IX. Communications with other railways to be made under the direction of the engineer of those railways.-Where the company is authorised 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 26 & 27 VICT. Cap. 92. 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.1 1 See Law of Rlys. p. 532. X. Company to acquire only easements in land of other railway company.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 authorised 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.1 1 Cf. M., S., and L. R.C. v. G.N.R. (1851), 9 Hare 284; G.N.R. v. East and West India Docks R.C. (1852), 7 R.C. 356; Reg. v. South Wales R. C. (1850), 6 R. C. 489. As to special power to take land, see Bristol and N. Somerset R.C. v. Somerset and Dorset R.C. (1874), 22 W.R. 399, 601; Dublin and Drogheda R.C. v. Navan and Kingscourt R.C. (1871), 5 Ir. R. Eq. 393. XI. Not to take lands or interfere with works of other company further than necessary. Nothing relative to the junction in this Act contained shall be deemed to authorise 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 intercommunication 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. XII. As to expense of signals, watchmen, etc.—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.1 1 See Carmarthen and Cardigan R.C. v. Manchester and Milford R. C. (1873), L.R. 8 C.P. 685. PROTECTION OF NAVIGATION. XIII. Lights on works. Where the company is authorised 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 |