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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.

© 1863 Crown Copyright

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