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RAILWAY REGULATION ACT 1842 - SECT 14

Power for railway companies to enter upon adjoining lands to repair or prevent accidents.

14. ... It shall be lawful for the lords of the said committee to empower any
railway company, in case of any accident or slip happening or being
apprehended to any cutting, embankment, or other work belonging to them, to
enter upon any lands adjoining their railway for the purpose of repairing or
preventing such accident, and to do such works as may be necessary for the
purpose: Provided always, that in case of necessity it shall be lawful for any
railway company to enter upon such lands, and do such works as aforesaid,
without having obtained the previous sanction of the lords of the said
committee; but in every such case such railway company shall, within
forty-eight hours after such entry, make a report to the lords of the said
committee, specifying the nature of such accident or apprehended accident, and
of the works necessary to be done, and such powers shall cease and determine
if the lords of the said committee shall, after considering the said report,
certify that their exercise is not necessary for the public safety: Provided
also, that such works shall be as little injurious to the said adjoining lands
as the nature of the accident or apprehended accident will admit of, and shall
be executed with all possible despatch; and full compensation shall be made to
the owners and occupiers of such lands for the loss or injury or inconvenience
sustained by them respectively by reason of such works, the amount of which
compensation, in case of any dispute about the same, shall be settled in the
same manner as cases of disputed compensation are directed to be settled by
the Acts relating to the railway on which such works may become necessary:
Provided always, that no land shall be taken permanently by any railway
company for such works without a certificate from the lords of the said
committee as herein-after described.

© 1842 Crown Copyright

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