Railway Regulation (Gauge) Act, 1846
RAILWAY REGULATION (GAUGE) ACT 1846 | ||
CHAPTER LVII. | ||
An Act for regulating the Gauge of Railways. [18th August 1846.] | ||
[Preamble.] | ||
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On what gauge railways for conveyance of passengers shall be made. Proviso as to railways already constructed. |
[1.] It shall not be lawful (except as herein-after excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing herein-before contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this Act on any gauge other than those herein-before specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of deviation authorized by the several Acts under the authority of which such railways are severally constructed. | |
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Exception of certain railways. |
2. Nothing herein-before contained shall apply to any railway constructed or to be constructed under the provisions of any present or future Act containing any special enactment defining the gauge or gauges of such railway, or any part thereof, . . . | |
[S. 3 rep. 56 & 57 Vict. c. 54. (S.L.R.)] | ||
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Gauge of passenger railways. |
4. It shall not be lawful to alter the gauge of any railway used for the conveyance of passengers. | |
[S. 5 rep. 56 & 57 Vict. c. 54. (S.L.R.)] | ||
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Penalty on company constructing railways for conveyance of passengers contrary to this Act, or having control of railways so constructed. |
6. If any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, the company authorized to construct the railway, or, in the case of any demise or lease of such railway, the company for the time being having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully constructed or altered, during every day that the same shall continue so unlawfully constructed or altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile. | |
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Railways constructed or altered contrary to this Act may be abated or removed. |
7. Over and above the penalty herein-before provided, if any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, it shall be lawful for the commissioners of her Majesty’s woods, forests, land revenues, works, and buildings, or for the lords of the committee of her Majesty’s privy council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act, and to restore the site thereof to its former condition. | |
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Recovery of penalties. 8 & 9 Vict. c. 20. |
8. All penalties under this Act may be recovered from the company liable to pay and make good the same, as, under the provisions of the Railways Clauses Consolidation Act, 1845 , a penalty for any infringement of the last-recited Act is recoverable against a company authorized to construct a railway. | |
[S. 9 rep. 38 & 39 Vict. c. 66. (S.L.R.)] |