Surrey and Sussex Junction Railway Act 1865

JurisdictionUK Non-devolved
Citation1865 c. ccclxxix
ANN0
VICESIMO
OCTAVO
QL
VICESIMO
NON0
VICTORIA3
REGINE.
Cup.
ccclxxix.
An
Act for
making
certain
Railways
from
the
Loladoit,
Brighto22,
ai2d
Soecth
Coast
Railway
to
the
East
Grimlend,
Groombridge,
und
Tun
bridge
Wells
Railway,
and
to the
Brightorz,
Uckjeld,
and
Tzmbridge
Wells
Railway;
and
for other
Purposes.
[6th
Jzdy
1865.1
HEREAS
the Construction
of
a
Railway from the
London,
Brighton, and
South
Corcst
llailway at
Croydon
in the
w
County
of
Surrey
to
the
East Grinstead,
Groombridge,
and Tunbyidge
Wells
Railway, and to the
Brighton, Uckfiekd, and
Tunbridge
Wells
Railway, in the County
of
Sussex,
would be
of
great
public and local Advantage
:
And whereas Plans and Sections de-
scribing the Lines and Levels of the proposed Railways, and the Lands
and Houses whtch may be taken for the Purposes thereof, together
with
Books
of
Reference to such Plans containing the Names
of
the
Owners and Lessees,
or
reputed Owners
or
Lessees, and of the Occu-
piers
of
such Lands and Houses respectively have been deposited in
the Month of
November
last with the Clerk
of
the Peace of the County
of
Surrey
at his Ofice at
Lambeth,
with the Clerk
of
the Peace of
the County of
Sussex
at his Office at
Lewes,
and with the Clerk of the
Peace of the County
of
Kent
at
his Office
at
Maidstone:
And
whereas the Persons herein-after named, with others, are willing,
at
[Local.]
69
I
their
6290
28”
tk
29’
VICTO
RIB,
Cup.
ccclxxix.
~ ~
-
-
~~
?’he
Surrey
and
Sussex
Jzmdioti
12ttiliociy
Act,
1
SG.
their own Expense,
to
carry such Undertaking into execution
:
Xiid
whereas it is expedient that such Traffic
or
Working
Ag-
1
eements
should be authorized between the Company and other Railway Com-
panies
as
are herein-after expressed
;
but these Purposes cannot be
effected without the Authority
of
Parliament
:
May it therefore please
Your Majesty that it may be enacted; and bc it enacted
by
the
Queen’s most Excellent AIajesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and
by
the Authority of the same,
as
follows
;
(that is
to
1.
This Act may be cited for any Purpose whatever as
The
Surrty
and
Sussex
Junction
Railway Act,
1865.”
~
.~
~
~-
~~
~
Short
Title.
8
&
9
Vict.
2.
The several Acts
of
Parliament following, (that is
to
say,)
The
“*
16+,
‘‘-9
Companies Clauses Consolidation Act,
1545,”
The 1,ands Clauses
&
20.’
22
&
23 Vict.
Consolidation Act,
1845,”
and
The Railways Clauses Consolidation
c. 59.,
Act,
1845,”
‘(
1859,”
The
23
&
24
Vi&.
c.
106.,
and
Lands Clauses Consolidation Acts Amendriient Act,
12360,”
and
26&27Vict.
Part
I.
relating
to
the Construction
of
a
Itailway, and Part
111.
incorporated,
cc*92.&118*
relating to Working Agreements,
of
The Railway Clauses Act,
1863,”
shall,
so
far
as
not expressly altered
by
this Act, be incor-
porated with and shall form Part
of
this Act.
Interprets-
tion
of’
Terms.
3.
In this Act the Expression
(‘
the Railways
shall mean the
Railway and Works which the Company are by this Act authorized
to construct
;
and the Word
Traffic
shall include Passengers and
Luggage, Animals, Goods, and Merchandise, and other Articles,
Matters, and Things, unless in either Case there be something in
the Subject or Context repugnant to or inconsistent with such Con-
struction
;
the Expression the
Company
shall mean the Company by
this Act incorporated
;
the Expression
Brightoi?
Company or
Erighton
Railway, the
South-eastern
Company or Railway, the
Greemcich
Company or Railway, the
Groonzb~idge
Company or Railway, and the
Uckfirld
Company or Railway, shall mean the Railways and Com-
panies respectively of the
Lomhm,
Brigiitton,
and
Soutlt
Coust
Railway,
the
South-eastern
Railway, the
Lortclon ard
Gree?iT/jicla
Itailway, the
East
Griwtead,
Groonabridge,
and
Tunbridge
Wells
Railway, and
the
Brighton,
Uck$eeld,
and
Tunbridge
Wells
Railway.
Subscribers
incorpo-
rated.
4.
The Honorable
Rrttrwis
George
i!olyneu.z,
Alexander
Greig,
Robert
Edrnund
Chester-
Waters,
William
Bunce
Greenjeld’
the
Honorable
Stccnclish
Predergast
Vereker,
the Honorable
William
Brodrick,
and
Algernon
Greuille,
and all other Persons and Corpora-
tions who have already subscribed
or
shall hereafter subscribe to thc
Undertaking, and their Executors, Administrators, Successors,
ancl
Assigns respectively, shall
be
united into a Company for the Purpose
of
28"
&
29"
VICTOftIL?3,
Cap.ccclxxix.
6291
~
__
-
The
Siwrey
and
Sussex
Junction
Railway
Act,
186.5.
of making and maintaining the Railways herein-after mentioned, and
for other the Purposes of this and the said incorporated Acts, and for
such Purposes shall be incorporated by the Name
of
''
The
Surrey
and
Sussea
Junction
Railway Company," and by that Name shall be
a
Body Corporate, with perpetual Succession and
a
Common Seal,
and shall have Power
to
purchase and hold Lands for the Purposes
of
the Undertaking within the Restrictions herein and in the said
incorporated Acts contained.
~
5.
The Capital of the Company shall be Seven hundred and five
Capital.
thousand Pounds, and the same shall be applicable
to
the several
Railways hereby authorized
as
follows
;
(that is to
say,)
i€
s.
d.
To
Railway
No.
I.
the Sum
of
-
-
665,000
0 0
To
Railway
No.
11.
the Sum
of
-
-
24,000
0
0
To
Railway
No.
111.
the
Sum
of
- -
16,000
0
0
Total Capital
-
-
cE705,OOO
0
0
---
6.
The Number of Shares into which the said Capital shall be
Numberand
Amount
of
divided shall be Thirty-five thousand five hundred Shares, and the
Shares.
Amount
of
each Share shall
be
Twenty Pounds.
7.
Five
Pounds
per
Share shall be the greatest Amount of any One
Calls.
Call which the Coinpany
may
make on the Shareholders,
and
Three
Months
at
the least shall be the Interval between successive Calls,
and Three Fourths of the Amount of
a
Share shall be the utmost
aggregate Amount of the Calls to be made in any One Year upon
such Share.
8.
It
shall not be lawful for the Company to issue any Share to
Shares
not
be created under the Authority of this Act, nor shall
any
Share
vest
until
One
in the Person accepting the same, unless and until
a
Sum, being not
Fifth
pamid
less
than One Fifth Part
of'
the Amount of such Share, shall have
been paid up in respect thereof.
to
issue
9.
It
shall be lawful for the Company to borrow on Mortgage any
Power
to
Sums not exceeding in the whole the Sum
of
Two
hundred and
b~rrowon
thirty-five thousand Pounds, but no Part
of
such Sum shall be borron-ed
until the whole of the said Capital or Sum of Seven hundred and five
thousand Pounds shall have been subscribed for, and One Half thereof
shall have been actually paid up, and it shall have been proved to
the
Justice
who
is
to
certif:)r under the Fortieth Section
of
"
The Com-
panies
Clauses Consolidation Act,
1845,"
before
he
so
certifies, that all
the Capital xhich the Company are by this Act authorized to raise
by the Creation of Shares has been subscribed for, and One Half
thereof
Mortgage.
6292
28"
&
29"
VICTORILE,
Cap.ccclxsix.
The
Surrey
and
Sussex
Junction
Railway
Act,
1865.
thereof paid up, and that not less than Twenty
per
Cent.
has been
paid
ap
in respect
of
each Share before or
at
the Time of the Issue or
Acceptance thereof, and that such Shares were taken
bon$$de,
and
are held by Subscribers
or
their Assigns, and for which such Subscribers
or
their Assigns are legally liable, of which Facts the Certificate
of
such Justice under the
said
Section shall be sufficient Evidence.
~~
____
~~
~~~~ ~~ ~
Application
ofMonies.
10.
All the Monies by this Act authorized to be raised by the
Creation of Shares or by borrowing shall be applied
to
the Con-
struction
of
the Railways and Works by this Act authorized, and
to
no other Purpose.
First and
Ordinary
Meetings
of
the
corn-
pmy.
11.
The First Ordinary Meeting of the Company shall be held
within Six Calendar Months next after the
passing
of
this
Act, and
the subsequent Ordinary Meetings
of
the Company shall be held in
the Months
of
February
and
August
in every Year.
Number
and
Qualification
of
Directors.
12.
The Number of the Directors shall be Seven, and the Qualifi-
cation of
a
Director shall bc the
Possessioii
in
his
own Right
of
Fifty
Shares in the Undertaking.
Quorum
of
Directors.
Yrovision
for
First
Directors
retiring.
13.
The Quorum of
a
Meeting
of
Directors shall be Thrce.
14.
The Directors appointed by this Act shall continue in Office
until the First Ordinary Meeting to be held after the passing of this
Act, and at
such
hteeting the Shareholders present personally or by
proxy may either continue in OBce the Directors appointed by this
Act, or any Number of them, or may elect
a
new Body
of
Directors,
or Directors to supply the Places
of
those not continued in Office,
the Directors appointed by this Act being eligible
as
Members
of such new Body
;
and at the First Ordinary Meeting
to
be held
in every Year thereafter the Shareholders present personally or by
proxy shall elect Persons to supply the Places of the Directors
then
retiring from Office agreeably to the Provisions in
"
The Companies
Clauses Consolidation Act,
1545,"
and in this Act contained
;
and
thc several Persons elected
at
any such Meeting, being neither
removed nor disqualified nor having resigned, shall continue to be
Directors until others are elected in their Stead in manner provided
by
''
The Companies Clauses Consolidation Act,
1845,"
and by this
Act, or either
of
them.
Directors.'
15.
The
Honorable
Francis
George
Molyneux,
Alexander
Greig,
Robert
Edinund
Clwsfer-
Waters,
William
Bunce
GreenJeld,
the
Honorable
Stnndish
Prendergast
Vereker,
the Honorable
William
Brodrick,
and
Alger?207~
Greville shall be the Yirst Directors
of
the
Company.
16,
It
28"
&
29"
VICTORIX,
C~p.ccclxxix.
6293
-
The
Surrey
nncl
Sussex Junction
Railwq
Act,
18G5.
~~
~__
~
-
-
~~
-~
_I_
-
~-
16.
It
shall be lawful for the Company, subject
to
the Provisions
Powel*to
in this Act and the Acts incorporated herewith contained, to make
and
io
nlake
and maintain the Railways herein-aicer mentioned in the Lines and
Ilaillvay
upon the Lands delineated upon the Plans and described in the
~~~~~~f
to
Books
of
Reference, and according
to
the Levels defined on the
Hans.
Scctioiis deposited
as
aforesaid, together with all proper Works and
Conveniences connected therewith, and to enter upon, take, and use
such
of
the said Lands as shall be necessary for such Purpose:
Provided that the Company shall not, except by mutual Consent,
.
take, use, or enter upon any Part
of
the Land numbered
1
in thc
Parish
of
Croydon
on the deposited Plans, and shall not take,
use,
or enter upon any Part of the Land numbered
2
in that Parish
on
those Plans, except on such Terms and Conditions as shall have been
agreed on between the Company and the Owners
of
that Land, or,
failing their Agreement, shall have been determined by Arbitration.
take
Lands
17.
The Powers
of
the Company
for
the compulsory Purchase
Powmfor
compulsory
of
Lands for the Purposes
of
the Railway shall not be exercised after
purchases
the Expiration
of
Three Years from the gassing of'this Act.
limited.
18.
The Quantity
of
Land near or adjoining the Railway
to
be
Land
for
purchased by the Company for extraordinary Purposes
shall
not
::&&
exceed Five Acres.
Purposes.
19.
The Railways and Works which it shall be lawful for the
Description
of
Railway
Works.
Company to make, with all proper Works, Approaches, and Con-
veniences connected therewith, are the following
;
(that
is
to say,)
No.
1.
A
Railway, in this Act called Railway
No.
1
.,
commencing
in
the Parish of
Croydon
and County
of
Surrqy
by
a
Junction
there with the Main Line
of
the
London,
Brighton,
and
South
Coast
Railway Company at or near and upon the South Side
of
the Bridge carrying
Cornbe
Lone
over that Railway, and
terminating in the Parish of
WitJzyliain
and County of
Sussex
by
a
Junction there with the
East
Grinsteud,
GroonzBridge,
and
Tunbridge
Wells
Railway, now
in
course
of
Construction,
at
;I
Point
of
165
Yards or thereabouts Westward
of
the Bridge
carrying or intended
to
carry that
Railway
over
a
certain
TLW~I-
pike
Road leading from
Gmombridge
to
Mare@dd,
which
Railway will pass from, through, or into, or
be
situate within,
the several Parishes, Townships, and Extra-parochial or other
Places following,
or
some
of
-them, that is to say,
c1.0Jd072,
Sandprsteud,
Coul.don,
Wai*linghana,
Chel.diam,
Catterhmz
or
C'a
terlmn,
Waldinglmm,
5%~
dridge,
Godston
e,
O.rteud,
and
Linpfleld,
all in the County
of
Surrey;
and
Edenhdgc,
Bmctend,
Heuer,
Cowden,
Cliidclingstone,
Withyhnnz,
dshurst,
[
Locnl.]
69 K
and
6294
Lands
of
J.
C.
Wood
not to
be
taken with-
out
his
Consent.
Inclination
of
Roads.
28"
8i
29"
VICTORIB,
Cup.ccclxxis.
-~
The
Surre?]
aizd
Sussex
Junction
Builuwy
Act,
1865.
-~
~ ~~
__-
and
Speldliurst,
all in the County
of
Kent;
and
Witliyhum
and
Rother-dd,
both in the County
of
Sussex
:
No.
2.
A
Railway, in this Act called Railway
Xo.
2.,
commencing
by
a
Junction with
the
Railway first authorized by the
London,
Brighton,
und
Xoutlt
Coust
Railway (Various Powers) Act,
1863,
and therein described
as
the
South,
Crqydon
Line,
at or
near and upon the South Side
of
the Bridge carrying or in-
tended to carry
Com6e
Lam
over the
said
last-mentioned
Railway, and terminating
by
a
Junction with the intended
Railway
No.
1.
hereiii-before described in
a
certain Brickfield
situated on the East Side
of
and immediately adjoining
to
the
Main Line of the
Londou,
B~iglrto72,
and
South
Coast
Railway
Company, which said Field
is
or is reputed to
be
the Property
of
Frederick
Potter,
and
in
the Occupation
of
the said
FredeTick
Potter,
and which Railway
will
be wholly in the Parish
of
Croydon
and County
of
Surrey,
and which
said
Brickfield
is
bounded
on
the South-east Side thereof by the Parish Boundary
which separates the Parishes
of
Srrndrrsfetrd
and
C~oylon
in the
said County
of
Szmy
:
No.
3.
A
Railway, in this Act called Railway
No.
3.,
commencing
in the said Parish
of
Withy1ianz
by
a
Junction there with the
East
Grinstead,
Groombridge,
trrd
TuriBric(g-c
Wells
Railway,
now in course
of
Construction, at
a
Point Thirty Yards
or
thereabouts Eastward of the aforesaid RrItfge carrying or in-
tended to carry that Railway over the said Turnpike Road
from
Groombridge
to
Mare.s$eld,
and terminating in the Parish
of
Rother-eld
aud County
of
Sussex
by
a
Junction there with
the
Brighton,
Uck-eld,
crnd
Tunbridge
Wdls
Railway,
now
in
course
of
Construction, in
a
Field numbered
261
in the said
Parish
of
Rothe?$eld
in the Plans
of
the said
B~i~gliton,
Uck$eld,
and
Tun6ridg-e
Wells
Railway deposited with the Clerk of the
Peace for the County
of
Sussex
in the Month
of'
Nourmbrr
1860,
which Railway will pass
from,
through, or into, or be situated
within, the several Parishes, Townships, and Extra-parochial or
other Places following, or some
of
them
;
that
is
to
say,
Witl+yhcim
and
Rotlierjeld,
both in
the
County
of
Sussrz.
20.
Provided always, That it
shall
not
bc
lawful for the Company
to
enter upon, take, or use
aqy
of
the Lands in the Parish
of
God~tonc
and County of
Su~wy,
numbered
21
and
22
respectivcly
on
the Plans
deposited
for
the
Purpos.es
'of
this Act, except with the previous
Consent in Writing
of
,Joseph
Ccn.tw
@hod
Esquire
first
had and
obtained.
.
.21.
In
carrying the several Roads herein-after mentioned on the
deposited Plans oveq under,
01
across -the Kailwa)
s
the Company
may
J
&
29"
VICTO
EZIE,
Cap
ccclxxix.
-
-~
~
NO.
on
Plan.
Parish.
6295
~~~~
-~
______~~____-~-
Inclination.
Description
__
of
Road.
One
Side. Other Side.
The
Surrey
and
Sussex
JuiictiorL
Railway
Act,
1865.
Cowden
-
-
Withyliani
-
-
Withyhani
-
-
may make the Inclinations of such Roads respectively
as
steep but
not steeper than the following; (that
is
to
say,)
Public Level
1
in
11
Public Level
1
in
11
Turnpike Level
1
in
20
~
No.
of
Road
on
Plans deposited
for l'urposes
of
this
Act.
__-
Parish in which Road Description
is shown
on
such
Plans.
of
Road.
~ ~
-
_.
22.
The Company may construct the Bridges and Approaches for
Bridges
under
Roads.
carrying
the
Roads
herein-after mentioned over the Railway of any
Widths between the Parapets
and
Fences not
less
than those herein-
after specified in connexion with such
Roads
respectively
;
(that
is
to
6
2
11
69
21
55
15
20
'7
63
26
68
14
RAILWAY
No.
1.
Sanderstead
Coulsdon
-
-
Godstone
-
Oxtead
-
-
Limpsfield
-
Limpsfield
-
-
-
Edenbridge
-
-
Edenbridge
-
Brnstead
-
Cowden
-
Withyhain
-
-
Withyham
-
Turnpike
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
Turnpike
RAILWAY
No.
3.
,
Public
-
-I
Withy ham
I
.-
'.
I.
Minimum Width
between Parapets
and Fences.
25 Feet
20
Feet
20 Feet
20 Feet
20 Feet
20 Feet
20
Feet
20
Feet
20 Feet
20 Feet
20 Feet
25
Feet
20
Feet
23.
The Company may construct the. Bridges f0.r carrying the
Bridges
Over
Itailway over the Roads herein-after .mentioned'
of
any IVidths
€hds.
betweeii the Abutments
or
Piers,
and
of any clear Height above the
Surface
of
the
Roadways,
for the entire Width thefeof, not less than
those
6296
’Ians
1
Parish in which
Road
is
~~~~~~$~
shown on such Plans.
this
Act.
28”
&
29‘’
VICTORIB,
Cap.
ccclxxix.
Description
of
bad.
The
Surrey
and
Sussex
Junction
Railway
Act,
1865.
those herein-after specified in connexion with such Roads respectively
;
(that is to
say,)
---__
~~-
~~
~___
Warlingham
-
-
Oxtead
-
-
Oxtead
-
-
-
Eclenbridge
-
-
KO.
of
Road
I
I
~
I
Public
Public
Public
Public
29
19
22
32
25
32
Minimum Span
on the Square.
20
Feet
20
Fect
20
Feet
20
Feet
20
Feet
20
Feet
Minimum
Height
above Roadway.
15
Feet
15
Feet
15
Feet
1.5
Feet
15
Feet
15
Feet
Provided always, that
if
at any Time after the Construction
of
the
Railway the average available Width
of
any
of
the said Roads
respectively shall be increased beyond the Width
of
the Bridge
provided for the same respectively on either Side thereof, the Com-
pany shall be bound,
at
their own Expense, to increase the Span or
Width of that Bridge to such an Extent as may be required by the
Trustees or Surveyors
of
such Road, not exceeding the Width
of
such
Road
as
so
widened, or the maximum Width required for
a
Bridge
in
the like Case
by
The Railways Clauses Consolidation Act,
1845.”
Mode
of
24.
The
Railway shall be carried over and across the
Sozcth-eastern
Railway, and the
Works
and Conveniences connected therewith, by
crossing
South-east-
ern
Hailway.
means of
a
Bridge with Spans of such Dimensions
as
to Width and
Height
as
shall be reasonably required
by
the
South-eastern
Railway
Company.
Plans,
&C.
of
25.
The Bridge by which the Railway shall be carried over and
Over
across the
SoutJt,-easter~~
Railway, and the Works and Conveniences
South-cast-
ern
ltailway
connected therewith, shall be constructed in
such
Manner only
as
not
tobeal’-
to
interfere with
the
Use thereof, and the Passage
of
the Traffic
proved
by
flint
corn-
thereon, and all the Works necessary
for
such Purposes shall be
pany.
executed under the Direction and
to
the reasonable Satisfaction
of
the Engineer
of
the
Soutl~-eastern
Railway Company, and according
to Plans, Elevations, Sections, and Specifications to be submitted by
the Company to the Engineer
of
the
South-eustewz
Railway Company,
snd
to
be approved
of
by him in Writing under
his
Hand before any
of
the Works are begun.
As
to
Repair
of
Bridge
26.
‘l‘hc
Company shall
at
all
Times maintain thc Bridge
by
mhich the Itailway shall be carried over the
Xout/i-ea.stey)i
Railway,
over
South-
eastern
Railway.
and
28"
&
29"
VICTORIA%,
Cy.
ccclxxix.
6297
__
T7~e
Surrey
and
Sussex
Jzriiction
Kaiboay
Act,
1865.
and the Works and Conveniences connected therewith, in complete
and substantial Repair, Order, and Condition, to the reasonable Satis-
faction in all respects of the Engineer for the Time being of the
South-
eastern
Railway Company
;
and if and whenever
the
Company fail
so
to
do,
the
South-eastern
Railway Company may make and do in and
upon as well the Lands of the Company
as
their own Lands such
Works and Things
as
the
South-eastern
Railway Company may
think requisite
in
that
Behalf; and the reasonable Amount of their
Expenditure in that Behalf from Time to Time shall be repaid to
them by the Company, and in default of full Repayment the Amount
due may be recovered, with full Costs, by the
South-eastern
Railway
Company from the Company in any Court
of
competent Jurisdiction
:
Provided always, that if any Dispute shall arise between the Company
and the
South-eastern
Railway Company with reference to any Matter
comprised or referred
to
in
this or the Two last preceding Sections,
the Matters in dispute shall from Time to Time bc decided by an
Engheer to be appointed by the Board of Trade on the Application
of
either Company.
__
__
.
-~
_____~
__
-
27.
During the Construction
of
the Railway over and adjacent to
Company
to
the
South-eastern
Railway, and the Works and Conveniences con-
E':Ep
nected therewith, the Company shall bear, and on Demand pay to
Company
the
South-eastern
Railway Company, the reasonable Expense
of
erect-
Expenses
of
ing sufficient Signals, and the Employment by that Company of a
sufficient Number of Inspectors, Watchmen, and Signalmen to be
appointed by them, for watching their Railway with reference to and
during
the
Execution of the intended Works, and for preventing, as
fdr
as may be, all Interference, Obstruction, Danger, and Accidents
to arise from any
of
the Operations
of
the Company, or from the Acts
or Defaults of their Contractors, or
of
any Person
or
Persons in the
Employ of the Company or their Contractors.
Watchmen.
28.
Notwithstanding anything in this Act contained, the Com-
Company
to
pany shall be responsible for and make good to the
South-eastern
P~a11Da-
mages
sus-
Railway Company all Costs, Losses, Damages, and Expenses which
tained
by
may be occasioned to any of their Railways, Works, or Property, or
South-east-'
ern
Corn-
to the Traffic thereon, or to any Person or Persons using the same,
P"V.
or otherwise, by reason of the Execution or Failure
of
any of the
intended Works, or of any Act or Omission of the Company, or of
any
of
the Persons in their Employ, or of their Contractors or others,
and the Company will effectually indemnify and hold harmless the
South-eastern
Railway Company from all Claims and Demands upon
or against them by reason
of
such Execution or Failure, and
of
any
such Act or Omission.
[.Local.]
69
L
29.
The
6298
28'
&
29"
VICTORIE,
Cap.ccclxxix.
The
Surrey
and
Sussex
Junction
Railway
Act,
1865.
Traffic on
29.
The Company shall not, in
the
Exercise of any of the Powers
the
South-
of
this Act,
alter
or necessitate the Alteration of the Line or Levels
eastern
Railway not
of the
South-eastern
Railway,
or
in any Manner obstruct, hinder, or
to be inter-
interfere with the free, uninterrupted, and safe Use of that Railway
fered
with.
or any Traffic thereon
;
and if
at
any Time or Times hereafter the
free, uninterrupted, and safe Use of that Railway or any Traffic
thereon shall be obstructed, hindered, or interfered with contrary
to
this Enactment, the Colmany shall forfeit and pay
to
the
South-
eastern
Railway Company the
Sum
of Fifty Pounds
per
Hour,
by
way of ascertained Damages, for every Hour during which such
Obstruction, Hindrance, or Interference shall continue.
~ ~
~ ~~
.~
~
-
-~~
Companyto
acquire only
Easement in
Land
of
South-east-
ern
Corn-
Panye
30.
With respect to any Land of the
South-eastern
Railway
Company, or which that Company are authorized to take, and which
the Company are by this Act also authorized to take, use, enter
upon, or interfere with for the Purposes of the Railway by this Act
authorized, the Company shall not purchase and take any of such
Land, but the Cotnpany may purchase and take, and the
South-
eastern
Railway Company may and shall sell and grant accordingly,
an Easement or Right
of
using the same for the Purposes for which,
but for this Enactment, the Company might purchase and take the
same.
Saving
Rights
of
the
South-
eastern
Company.
31.
Provided always, That, except as is by this Act expressly
provided, this Act or anything herein contained shall not take away,
diminish, alter, or prejudice any
of
the Rights, Powers, Privileges, or
Authorities
of
the
South-eastern
Railway Company.
Prescribing
ofcertain
Bridges in
Parish
of
Croydon.
32.
In the Construction and Maintenance of Railways
R'os.
1.
and
2.
in the Parish of
Croydon
the Company shall
be
subject to
the
following Conditions and Restrictions
:
Dimensions
RAILWAY
No.
1.
The public Footpath numbered
3
upon the said Plans shall be
carried over the Railway by
a
Foot Bridge
of
not less than Nine
Feet in Width:
The Width of the Arch
of
the Bridge for carrying the Railway
over the public Carriage Road numbered
4
on the said Plans shall be
such as to leave thereunder
a
clear Space of not less than Thirty-five
Feet
:
The Width of the Arch of the Bridge for carrying the public
Footpath numbered
8
on the said Plans under the Railway shall be
such as
to
leave thereunder
a
clear Space of not
less
than Nine Feet
:
The Width of the Arch of the Bridge for carrying the lEailway
over the public Carriage Road numbered
9
on the said Plans shall be
such
28"
&
29"
VICTORIE,
Cap.ccclxxix.
6299
-
-
~
___---
__~
The
Surrey
and
Sussex
Junction
Railway
Act,
1865.
such
as
to leave thereunder
a
clear Space of not less than Thirty-five
Feet.
RAILWAY
No.
2.
The Width of the Arch of the Bridge for carrying the Railway over
the public Carriage Road numbered
15
on the said Plans shall be such
as
to
leave thereunder
a
clear Space of not less than Thirty-five Feet
:
The same with respect
to
the Bridge for carrying the Railway over
the public Carriage Road numbered
73
on the said Plans
:
The Width
of
the Arch of the Bridge for carrying the public
Footpath numbered
66 on
the said Plane under the
Railway
shall be
such
as
to leave thereunder
a
clear Space
of
not less than Nine
Fcet; and each
of
the before-mentioned Bridses shall be in the first
instance made, and for ever afterwards maintained,
by
and at the
Expense of the Company, and to the Satisfaction of the Surveyor for
the Time being to the
Croydon
Local Board of Health.
~
-~
~~~~
33.
The Railways shall bk completed within Six Years from the
Period for
passing of this Act, and
on
the Expiration of the Period the Powers
ofWorks.
by this Act, or the Acts incorporated herewith, granted
to
the Com-
pany for executing the Railways, or otherwise
in
relation thereto,
shall
cease
to
be exercised, except
as
to
so
much
of
the Railways
as
shall then be completed.
Completion
34.
And whereas, pursuant to the Standing Orders of both
Releaseof
Houses of Parliament, and to an Act
of
the Ninth and Tenth
Years of Her present Majesty, Chapter Twenty,
a
Sum
of
Money,
amounting to Fifty-six thousand four hundred Pounds, being Eight
per
Centum
on Seven hundred and five thousand Pounds, being the
Amount of the Estimate of the Expense of the Railways authorized
by
this Act according to the proportionate Sums applicable to the
said several Railways as herein-before mentioned, has been deposited
with the Court
of
Chancery in
England
in respect
of
the Appli-
cation
to
Parliament for t,his Act
:
Therefore, notwithstanding anything
contained in the said recited Act, the said Sum
of
Fifty-six thousand
four hundred Pounds
so
deposited in respect of the Application
for
this Act, or the Interest or Dividends thereof, shall not, except upon
the Execution and Deposit
of
such Bond
as
herein-after mentioned,
be paid or transferred to or on the Application
of
the Person
or
Persons or the Majority of the Persons named in the Warrant or
Order issued
in
pursuance
of
the said Act, or the Survivors or Sur-
vivor
of
them, unless the Company shall, previously to the Expiration
of
the Period limited by this Act for Completion of the Railway
hereby authorized to be made, either open the Railway for
the
public
Conveyance
of
Passengers,
or
prove
to
the Satisfaction of the
Board
of Trade that the Company have paid up One Half
of
the Amount
of
28"
&
29"
VICTOkflE,
Cup.ccclxxix.
____
__
-~
The
Surrey and
Sussex
Junction
Railway
Act,
1865.
of the Capital by this Act authorized to be raised by means
01
Shares, and have expended for the Purposes of this Act
a
Sum
equal in Amount to such Onc Half
of
the said Capital; and if the
said Period shall expire before the Company shall either have opened
the Railway for the public Conveyance of Passengers, or have given
such Proof
as
aforesaid to the Satisfaction of the Board
of
Trade, the
said Sum deposited
as
aforesaid, and the Interest and Dividends
thereof, shall, immediately from and after the Expiration of the said
Period, be forfeited to Her Majesty, and be paid or transferred by the
Officer or Person in whose Name they shall then be deposited or
invested to the Account of Her Majesty's Exchequer, and when
so
paid and transferred shall be carried
to
and form Part of the
Consolidated Fund of the United Kingdom of
Grent
Britain
and
Ireland:
Provided that at any Time after passing of this Act if
a
Bond in twice the Amount of the said
Sum
of'
Fifty-six thousand
four hundred Pounds shall have been executed by the Company, with
One or more Sureties, (such Bond to be prepared to the Satisfaction
of, and such Surety or Sureties
to
be approved by, the Solicitor of
the Treasury,) conditioned for Payment to Her Majesty, Her Heirs
or
Successors, of the said Sum if the Company shall not, within the
Time limited for the Completion
of
the Railway, either open the
Railway for the public Conveyance of Passengers, or prove to the
Satisfaction of the Board
of
Trade that the Company have paid up
One Half
of
the Amount of the said Capital by this Act authorized
to be raised by means of Shares, and have expended for the Purposes
of this Act
a
Sum equal in Amoimt
to
such One Half
of
the said
Capital, and if such Bond shall have been deposited with the said
Solicitor, then such Sum of Money and the Interest or Dividends
thereof shall be paid to or on the Application of the Person or
Persons or the Majority of Persons named in such Warrant or
Orders
as
aforesaid, or the Survivors or Survivor of them, or the
Executors or Administrators of such Survivors, and it shall not bc
necessary for that Purpose to produce
any
Certificate
of
this Act
having passed, anything in the recited Act to the contrary notwith-
standing; and the Monies to be recovered on any such Bond shall
be dealt with in like Manner
as
the said Sum of Money and the
Interest or Dividends thereof would have been dealt with under
this Act if such Bond had not been executed and deposited
as
aforesaid; and the Certificate of the said Solicitor that such Bond
has been executed and deposited
as
aforesaid, and the Certificate
of
the Board
of'
Trade that such Proof has been given
to
their Satis-
faction
as
aforesaid, shall respectively be sufficient Evidence
of
the
Facts as certified.
~-
-
~
-
___
-
Tolls.
35.
With respect to Goods and Carriages conveyed upon thc
Railways, the Conipany may demand for the Use of the Railway, and
for
6302
28'
&
29"
VICTORIE,
Cap.ccclxxix.
~ ~~
-
The
Surrey
and
Sussex
Junction
Railwny
Act,
1865.
~ ~~ ~ ~ ~~~
_~__
~~
-
.
conveyed in or upon any Carriage belonging to the Company,
One Farthing
per
Mile in addition
:
Class
9.
For
every Calf', Pig, and other small Animal (except Sheep
and Lambs), One Halfpenny
per
Mile
;
and if conveyed in or
upon any Carriage belonging to the Company, One Farthing
per
Mile in addition
:
For Sheep and Lambs, Fourpence
per
Score
per
Mile, and
so
in
proportion for any Number greater or
less
than
a
Score.
37.
With respect to Locomotive Engines and other moving Power
supplied
by
the Company, the Company may demand, in addition to
the other Tolls by this Act authorized, any Tolls not exceeding the
following
;
(to wit,)
Tolls
for
Propelling
Power.
For every Passenger or Animal, One Penny
per
Mile
:
For all Goods and other Articles whatsoever, One Penny
per
Ton
per
Mile.
~~~i~~~
38.
Provided always, That the maximurn Rate
of
Charges to be
Charges
for
made by the Company for the Conveyance
of
Passengers, including
the
Tolls
for the Use
of
the Railways, and
of
Carriages and for
Passengers.
locomotive Power, and every other Expense incidental to such Con-
veyance (except Government Duty), shall not exceed the following
Sums
;
(to wit,)
For every Passenger conveyed in a First-class Carriage by an
Express or Fast Train, Twopence Halfpenny
per
Mile
:
For every Passenger conveyed in
a
First-class Carriage by an
Ordinary Train, Twopence
per
Mile
:
For every Passenger conveyed in
a
Second-class Carriage
by
an
Express or Fast Train, Twopence
per
Mile
:
For every Passenger conveyed in
a
Second-class Carriage by an
Ordinary Train, One Penny Halfpenny
per
Mile
:
For every Passenger conveyed in
a
Third-class Carriage, One Penny
per
Mile.
Restriction
39.
The Restriction
as
to
the Rates
of
Charges for Passengers
Its
tocharges
shall not extend to any Special Train required
to
be run upon the
not to
apply
to
Special
Railway, but shall apply only to the Express
and
Ordinary Trains
Trains.
appointed from Time
to
Time
by
the Company for the Conveyance
of'
Passengers
and
Goods upon the Railway.
Regulation
as
to
Tolls.
40.
The following Regulations shall be applicable
to
the fixing of
the several Tolls and the maximum Rates
of
Charge to
be
taken by
the Company
;
(to wit,)
For
all
Goods and for
all
Passengers and Animals conveyed on the
Railways by the Company, or in any Carriages belonging to the
Company, for
a
less Distance than Six Miles, the Company may
demand Tolls
as
for Six Miles: For
28'
&
29"
VICTOKIE,
Cup.ccclxxix.
6303
~ ~~ ~_
~~
The
Surrey
and
Susses
Junction Railway
Act,
1865.
-
___~_
~-
--~.___
For
a
Fraction of
a
Mile beyond Six Miles, or beyond any greater
Number of Miles, the Company may, with respect to Goods,
Minerals, and Animals, demand Tolls for such Fraction in
proportion to the Number of Quarters of
a
Mile contained
therein, and
a
Fraction of
a
Quarter shall be deemed
a
Quarter
of
a
Mile
;
and with respect to Passengers, every Fraction of
a
Mile beyond Six Miles, or beyond any greater Number of Miles,
shall be deemed
a
Mile
:
For the Fraction of
a
Ton
the Company niay demand Toll according
to the Number of Quarters of
a
Ton or such Fraction, and if
there be
a
Fraction
of
a
Quarter of
a
Ton such Fraction shall
be deemed
a
Quarter of
a
Ton
:
With respect to Stone and Timber, Fourteen Cubic Feet of Stone,
Forty Cubic Feet
of
Oak, Mahogany, Teak, Beech, or Ash,
and Fifty Cubic Feet of any other Timber, shall be deemed
One Ton Weight, and
so
on in proportion for every greater
Quantity
:
With respect to
all
other Goods the Weights shall be determined
according to the
usual
Avoirdupois Weight,
Tolls
for
41.
With respect to small Packages and single Articles of great
small
Parcels
Weight, the Company may, notwithstanding any Limitation by this
and
*ingle
Act of the Rate of Charges, demand
Tolls
not exceeding the
Articlesof
following
:
Weight.
great
For the Carriage
on
the Railway of small Parcels,
as
follows
:
If not exceeding Seven Pounds in Weight, Threepence
:
If exceeding Seven but not exceeding Fourteen Pounds in Weight,
Sixpence
:
If exceeding Fourteen but not exceeding Twenty-eight Pounds
in Weight, Tenpence
:
If exceeding Twenty-eight but not exceeding Fifty-six Pounds
in Weight, One Shilling
:
And for Parcels exceeding Fifty-six but not exceeding Five hun-
dred Pounds in Weight the Company may demand any Sum
they may think fit
:
Provided always, that Articles sent in large aggregate Quantities,
although made up of separate Parcels such
as
Bags of
Sugar,
Coffee,
Meal, and the like, shall not be deemed small Parcels, but that Term
shall apply only to single Parcels in separate Packages
:
For the Carriage of any One Boiler, Cylinder, or single Piece
of
Machinery, or single Piece
of
Timber or Stone, or other single
Article, the Weight of which, including the Truck or Platform,
exceeds Four Tons, but does not exceed Eight Tons, the Com-
pany may demand such Sum
as
they think
fit,
not exceeding
Sixpence
per
Ton
per
Mile
:
For
6304
Passengers
Luggage.
Maximum
Charges
for
Goods
and
Animals.
Power
to
charge
extra
for
Animals
or
Goods-by
28"
&
29'
VICTORIA$
Cap.
ccclxxix.
~
Agreement;
small
Tile
Surrey
and Sussex
Junction
Railway
Act,
1865.
_____~__
___~___
For the Carriage
of
any One Boiler, Cylinder, or single Piccc of
Timber, Stone, Machinery, or other single Article, the Weight
of which, with the Carriage, exceeds Eight Tons, the Company
niay demand such Sum
as
they think fit.
42.
Any Passenger travelling upon the Railways
of
the Company
may take with him his ordinary Luggage, not exceeding One hun-
dred and twenty Pounds in Weight for First-class Passengers, One
hundred Pounds in Weight for Second-class Passengers, and Sixty
Pounds in Weight for Third-class Passengers, without any Charge
being made for the Carriage thereof.
43.
Provided
always,
That the maximum Rate of Charge to be
made by the Company for the Conveyance of Goods and Animals,
including the Tolls for the Use
of
the Railways, and Waggons and
Trucks when provided by the Company, and for locomotive Power,
and every other Expense incidental to such Conveyance, except
a
reasonable Sum for loading, covering, and unloading of
Goods
at any
Terminal Station of such Goods, and for Delivery and Collection,
and any other Services incidental to the Duty or Business
of
a
Carrier, where sucli Services, or any of them, are or
is
performed by
the Company, shall not, exceed, for the several Articles comprised in
the following Classes, the following
Sums
;
(to wit,)
For First-class Goods described in the Schedule
to
this Act, One
Penny Halfpenny
per
Ton
per
Mile
:
For Second-class Goods described in that Schedule, Twopcnce
per
Ton
per
Mile
:
For Third-class
Goods
described in that Schedule, Threepence
per
Ton
per
Mile
:
For Fourth-class Goods described in that Schedule, Fourpence
per
Ton
per
Mile
:
For every Carriage,
of
whatever Description, having more than
Two Wheels, and not being a Carriage adapted and used
for
travelling on a Railway,
per
Mile Fivepence
;
and
if
having
only
Two
Wheels,
per
Mile Fourpence
:
For every Horse, Mule, or
Ass,
per
Mile Fourpence
:
For every Ox, Cow,
Bull,
or Neat Cattle,
per
Mile One Penny
For every Calf or Pig,
per
Mile Three Farthings
:
For every Sheep, Lamb, or other small Animal, Fourpence
per
Score
per
Mile (and
so
in proportion for any greater
or
less
Number).
Farthing
:
44.
The Company may, notwithstanding anything in this
Act
contained, take, by Agreement with the Owner or Person in charge
of
any
Goods
or
Animals, for the Conveyance thereof (other than
28’
&
29’
VICTORIE,
Cap.
ccclxxix.
6305
The
Surrey
and
Sussex
cJticnction
Railway
Act,
1865.
small Parcels) by Passenger Trains, or by reason of any other special
Service performed
-
by the Company in relation thereto, any increased
Charges above the Charges by this Act limited or authorized with
respect to such Goods, Animals, and small Parcels respectively.
~
-~
._____~
45.
No
Station is to be considered
a
Terminal Station in regard
Definition
of
Terminal
to
any Goods conveyed on any Railway of the Company which
station.
have not been received thereat direct from the Consignor
of
such
Traffic, or are
not.
directed to be dclivered thereat to the Consignee.
46.
The
Brightoii
Company and thc Company may from Time
Brighton
Conipany
to Time make and carry into effect Agreements with respect to
all
and
Com-
or any
of
the follo~ving Purposes
;
(that
is
to say,)
The Maintenance and Management of the Railways by this Act
g2rz!:
pany
to
authorized, or any or more of them, or any Part thereof respec-
Agreements.
tively, and
of
the Works respectively connected therewith, or
any of them
;
The Use and working
of
the said Railways or Railway, or any
Part thereof, or thc Conveyance of Traffic thereon
;
and
The fixing, collecting, and Apportionnient
of
the Tolls, Rates, and
Charges, Receipts and Revenues, levied, taken, or arising
in
respect
of
such Traffic.
47.
It
shall not be lawful for the Company, out
of
any Money
Interest not
by this Act authorized
to
be raised by Calls
in
respect of Shares,
or by the Exercise of any Power
of
borrowing, to pay Interest or
paid
up.
Dividend
to
any
Shareholder
011
the Amount
of
the Calls made in
respect
of
the Shares held by hini
in
the Capital by this Act autho-
rized to be raised
:
Provided always, that nothing herein-before
contained shall be deemed to prevent the Company from paying to
any Shareholder such Interest on Money advanced
by
him beyond
the Amount
of
the
Calls
actually made
as
shall be
in
conformity
with the Provisions in
‘‘
The Companies Clauses Consolidation Act,
1845,” in that Behalf contained.
48.
It
shall not be lawful
for
the Company, out of any Capital
Deposit
for
future
Bilk
not
to
be
by
this Act authorized to be raised for the Purposes thereof,
to
pay
or deposit any Sum of Money which, by
any
Standing Order of
paidoutof
either House of Parliament now in force or hereafter to be in force,
may be required to
be
deposited in respect
of
any Application
to
Parliament for the Purpose
of
obtaining any Act authorizing the
Company to construct any other Railway, or execute any other Work
or Undertaking.
Capital.
49.
Nothing herein contained shall be deemed or construed to
Railway
not
prevent the Railway by
this
Act authorized
to
be made, or the
exempifrom
Provisions
of
[Local.]
69
N
Company,
6306
28"
&
29"
VICTORILSE,
Cap.ccclxxix.
~
The
Surrey
and
Sussex
Junction
Railway
Act,
1865.
present
and
Company, from the Provisions of any General Act relating to Rail-
future Gene-
ways, or to the better and more impartial Audits
of
the Accounts
of
ral
Acts.
Railway Companies, now in force or which may hereafter pass during
this or any future Session of Parliament, or from any future Revision
and Alteration, under the Authority
of
Parliament,
of
the maximum
Rates
of
Fares and Charges,
and
of
the Xates
for
small Parcels,
authorized by this Act.
-
~
-~
~~
-
Expenses
of
Act.
50.
All the Costs, Charges, and Expenses
of
and incidental to the
obtaining
of
this Act, and preparatory thereto, shall be paid by the
Company.
The
Cap.
ccclxxix.
The
Surrey
and
Sussex
Junction Railway Act,
1865.
The
SCHEDULE
referred
to
in the foregoing
Act.
Alkali.
Alum.
Bark.
Bricks.
Bones for Manure.
Brooms and Broom
Bran.
Bullets.
Cannel.
Chalk.
Clay.
Coal.
Coke.
Compost.
Cement.
Handles.
Ale and Porter in
Racon.
Butter in Casks.
Cider.
Charcoal.
Copper.
Dvewoods.
Casks.
Eggs.
Earthenware.
Gas
or
Water Pipes.
Hair.
Hemp.
Hides.
Hops.
Hoops.
Hoofs.
Hop Poles.
Ale and Beer in Bottles.
Canvas.
Cordagy.
Carpeting.
Earthenware.
Flax.
Floorcloth.
Fruit, dried.
Fish, salted.
Groceries.
Hay.
FIRST
CLASS.
Dung.
Flint.
Flour.
Fireclay.
Fuller's Earth.
Guano.
Grain.
Iron Ore.
Ironstone.
Lime.
Lead.
Limestone.
Manure
of
all
Sorts.
Metalling
for
Road
Repairs.
SECOND
CLASS.
Iron,
Rod,
Hoop,
Bar,
or
Plate
;
undamage-
able Iron Castings.
Lard.
Lead, White or Red.
Marble in Blocks.
Malt.
Meal.
Molasses.
Nails.
Paints.
Pitch.
Plaster.
Rags.
Rice.
Resin.
Salt.
Saltpetre.
THIRD
CLASS.
Hardware.
Herrings, dried.
Iron Casting liable to
Leather.
Machinery, light.
Mats.
Mineral Waters.
Oil in Casks.
Oilcakes, loose.
Damage.
Malt.
Meal.
Nitrate
of
Soda.
Oilcakes in Casks
or
Bags.
Pig Iron.
Potatoes.
Pollard.
Salt
for
Manure.
Sand.
Stone, paving or
Slates.
Spelter.
Tiles.
building.
Seed.
Soda.
Spirits and Wine in
Casks.
Steel, Rough or Cast.
Sugar, raw.
Sulphur.
Tallow.
Tar.
Timber, Staves,
and
Vices, Chains, and
Tin.
Vinegar.
Whiting.
Wool.
Soap.
Deals.
Anvils.
Paper.
Rope.
Snuff.
Spirits and Wines in
Bottles.
Stationery.
Tow.
Turpentine.
Varnish.
Veneers.
6308
Agricultiiral
Implc-
1ncnts.
Books.
Bonnets.
Butter,
fresh.
Carboys.
Cork.
China.
Drapery.
Drugs.
Fish,
fresh.
FOUrLTII
CLASS.
Fruit,
fresh.
li’u
rniture.
Glabs.
Ihherdashery.
llnts.
IIarps
,I
,hers’
Work.
linens.
Luggage.
n1eat.
J
Ic’*>:cry.
Nillinery.
Musical
Instruments.
Oil
in
Jars.
Y’
lanos.
Hcturce.
I’oultry,
alive.
l’oiiltq-,
dead.
biiks.
Sugar,
refined.
Tilined
Ware.
Wearing
App:trel.
And
all
other
illerchandisc,
-2rticlcs,
i\lattcrs,
or
Tiiiiigs,
except
such
a3
are
included
in
the
above
Classes,
1)er
Ton
per
Mile
Threepencc.
LOKL’DON
:
Printed
by
G~oiwe
BSIKAI~D
EYRE
ancl
WILLIAAI
SFOTTISWOODE,
Printers
to
the
Quccn’s
iiiost
Excellent
Majesty.
1665.

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