Company not to disturb they have laid down others. Mains and other Pipes laid down by any Company or Society who may furnish the Inhabitants of such Houses or Places with Water or Gas, and also to remove all other Obstructions to such Construction, so as the same respectively be done with as little Detriment and Inconvenience to such Company, Society, or Inhabitants as the Circumstances will admit, and be done under the Superintendence of the Company to which such Water Pipes or Gas Pipes belong, and of the several Commissioners or Trustees, or Persons having Control of the Pavements, Sewers, Roads, Streets, Highways, Lanes, and other public Passages and Places within the Parish or District where such Mains, Pipes, or Obstructions shall be situate, or of their Surveyor, if they or he think fit to attend, after receiving not less than Forty-eight Hours Notice for that Purpose. 19. Provided always, That it shall not be lawful for Pipes until the Company to remove or displace any of the Mains or Pipes (other than private Service Pipes), Syphons, Plugs, or other Works belonging to any such Company or Society, 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 or Pipes, Syphons, Plugs, and all other Works necessary or proper for continuing the Supply of Water or Gas, as sufficiently as the same was supplied by the Mains or Pipes proposed to be removed or displaced, 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 or Society, or, in case of Disagreement between such Surveyor or Engineer and the Company, as a Justice shall direct. Pipes, Road, &c., not to be 20. It shall not be lawful for the Company to lay varied from down any such Pipes contrary to the Regulations of any Inches of to be pre Act of Parliament relating to such Water or Gas Com- Act: 18 pany or Society, or to cause any Road to be lowered for Surface Road the Purposes of the Railway, without leaving a Cover- served. ing of not less than Eighteen Inches from the Surface of the Road over such Mains or l'ipes. make good 21. The Company shall make good all Damage done Company to to the Property of the Water or Gas Company or So- all Damage. ciety, by the Disturbance thereof, and shall make full Compensation to all Parties for any Loss or Damage which they may sustain by reason of any Interference with the Mains, Pipes, or Works of such Water or Gas Company or Society, or with the private Service Pipes of any Person supplied by them with Water. way crosses pany to obstructing Water. 22. If it shall be necessary to construct the Railway When Railor any of the Works over any Mains or Pipes of any Pipes, Comsuch Water or Gas Company or Society, the Company make a Culshall, at their own Expense, construct and maintain a vert. good and sufficient Culvert over such Main or Pipe, so as to leave the same accessible for the Purpose of Repairs. 23. If by any such Operations as aforesaid the Com- Penalty for pany shall interrupt the Supply of any Water or Gas, they supply of shall forfeit Twenty Pounds for every Day that such Gor Supply shall be so interrupted; and such Penalty shall be appropriated to the Benefit of the Poor of the Parish in which such Obstruction shall occur, in such Manner as the Overseers of the Poor of the Parish" shall direct. 24. If any Person wilfully obstruct any Person act- Penalty for ing under the Authority of the Company in the lawful Persons Exercise of their Power, in setting out the Line of the marking out Railway, or pull up or remove any Poles or Stakes driven into the Ground for the Purpose of so setting out the Line of the Railway, or deface or destroy any Marks made for the same Purpose, he shall forfeit a Šum not exceeding Five Pounds for every such Offence. obstructing Railway, &c. And whereas there are large Tracts of Land in Ire- Drainage land subject to Flood and Injury by Water, and the of Lands i.e.,-Guardian or Guardians of the Electoral Division, in Ireland; see 3. There are no "Overseers of the Poor of the Parish" in Ireland. Ireland. 1 & 2 W. 4, c. 57. c. 89. Rivers, Streams, and Watercourses are in many Places obstructed by Shoals, insufficient Bridges, Culverts, Weirs, and other Works, whereby the Waters thereof are elevated above their natural Level: And whereas an Act of Parliament was passed in the Second Year of the Reign of His late Majesty King William the Fourth, intituled An Act to empower Landed Proprietors in Ireland to sink, embank, and remove Obstructions in Rivers: And whereas another Act was passed in the Sixth Year of the Reign of Her present Majesty, inti5 & 6 Vict. tuled An Act to promote the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage in Ireland: and by the said last-mentioned Act, public Commissioners were appointed to carry the said last-recited Act into execution: And whereas it is essential, for carrying into effect the Purposes of the said Acts, and for the Improvement of Agriculture, that ample Provision be made in all Railway Works in Ireland for the free and uninterrupted Passage of the Waters, at such Level as will be suffi cient not only for the present but all future Discharge of the Waters from Lands crossed by or being on either Side of such Works, and that the Bridges of Railways crossing all Watercourses, Rivers, Lakes, or Estuaries which are or hereafter may be made navigable, shall be so constructed as to admit of the commodious Navigation of the same: Therefore, In Ireland, With respect to the Provision to be made for the Drainage of Land in Ireland which may be crossed by the Railway, and for the Protection of the Navigation connected therewith, be it enacted as follows: 25. If the special Act shall authorize the Construction of a Railway in Ireland, the Company shall and they to submit to are hereby required, from Time to Time, before proCommission- ceeding to construct any Portion of the Railway, to sub&c. of certain mit to the Commissioners acting in execution of the said Drainage ers Plans, Act of the Sixth Year of Her present Majesty, or any Act amending the same, such Plans, Sections, and Surveys as shall be necessary to enable the said Commissioners to decide upon the Number and Adequacy of the Waterways of all Bridges, Culverts, Tunnels, Watercourses, and other Works across the Line of such Portion as aforesaid of the Railway, for the free and uninterrupted Discharge of the Waters from all Lands crossed by or lying on either Side of or near the Railway, at such Level as shall in the Opinion of the said Commissioners be sufficient for the present and prospective Drainage and Improvement of such Lands, and (in Cases of Rivers, Lakes, Estuaries, or Watercourses, which are now or may be capable of being made navigable) upon the Height and Adequacy of all Bridges and Works crossing the same, for the commodious Navigation thereof. Commission and certify necessary for 26. The said Commissioners shall and they are hereby Drainage required, without any unnecessary Delay, to investigate, ers in Ireland by such Means as to them shall seem fit, the Adequacy to investigate of all such Works for such Purposes as aforesaid, and to as to Works decide and certify, by a Writing under their Hands, or Drainage: the Hands of any Two of them, the Number, Situation, and least possible Dimensions as to Breadth, Depth, and Height of the several Openings of such Bridges, Culverts, Tunnels, or other Works connected with such Portion of the Railway as aforesaid, which shall be necessary for the Passage of Water, or for Navigation under or across such Railway; and it shall not be law- Company not ful for the Company to proceed with the Execution of to proceed any of the Works connected with any Portion of the Certificate; Railway, without having first obtained such a Certificate as aforesaid respecting such Portion of the Railway, under the Hands of the said Commissioners or any Two of them, as aforesaid; nor shall the Company be at and not to i.e.,-the Commissioners of Public Works in Ireland, who are the Drainage Commissioners under 5 & 6 Vic. c. 89, &c. without such deviate from same. Drainage ers may make Summary Chancery, to such Works, non-compli pany. liberty to deviate from such Certificate in respect to such Works, nor to execute the same otherwise than in conformity therewith, without the previous Approbation in Writing of the said Commissioners. 27. It shall be lawful for the said Commissioners to apply by Petition in a summary Way to the Court of Chancery, complaining of any Omission on the Part of to Court of the Company to submit such Plans, Sections, and Surenforce the veys to the said Commissioners as aforesaid, or of the Execution of Omission to construct any such Bridge, Culvert, Tunin case of nel, or other Works for the Passage of Water, in such ance of Com- Manner as shall be so certified by the said Commissioners; and thereupon it shall be lawful for the said Court to direct such Works to be made or constructed by the Company in such Manner as shall be conformable to the Certificate of the said Commissioners, and to the said Court shall seem necessary or proper, and to make from Time to Time such further or other Order for restraining the Company or any other Persons from proceeding with any of the Works connected with such Portion of Railway, except in conformity with the Certificate of the said Commissioners, and to issue any Writ of Injunction for the Purpose aforesaid; and such Court shall have Power to award Costs to be paid by such Company or Persons. Costs. Saving of ers. 28. Nothing in this or the special Act shall extend or Drainage be construed to prejudice or affect the Powers or AuthoCommission- rities of the Commissioners acting in execution of the said Act of the Sixth Year of Her present Majesty, but all such Powers shall be in full force as to the Formation of any Cut, River or Watercourse across the Railway, but such Powers shall not be exercised so as to prevent or obstruct the working or using of the Railway. 29. And whereas it is expedient to encourage the Establishment of Manufactories to be worked by Water Water a Commissioners: see note in P. 137. |