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And whereas by The M1Highway (Railway Crossings) Act 1839 it was enacted, that whenever a railway crosses or shall hereafter cross [F1any turnpike road, or any other highway or statute labour road for carts or carriages, in Great Britain], [F1the carriageway of a public road (within the meaning of the M2Roads (Scotland) Act 1984)]the proprietors or directors of the said railway shall make and maintain good and sufficient gates across each end of such [F2turnpike or other road][F2carriageway]at each end of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such [F2turnpike or other road][F2carriageway]shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railway: And whereas by the Acts relating to certain railways it is provided that such gates shall be kept constantly closed across the railway, except during the time when carriages or engines passing along the railway shall have to cross such [F2turnpike or other road][F2carriageway]: And whereas experience has shown that it is more conducive to safety that such gates should be kept closed across the [F2turnpike or other road][F2carriageway] instead of across the railway: that, notwithstanding anything to the contrary contained in any Act of Parliament heretofore passed, such gates shall be kept constantly closed across each end of such [F2turnpike or other roads][F2carriageway], in lieu of across the railway, except during the time when horses, cattle, carts, or carriages passing along such [F2turnpike or other road][F2carriageway] shall have to cross such railway; such gates shall be of such dimensions and so constructed as, when closed across the ends of such [F2turnpike or other roads][F2carriageway], to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway while the gates are closed: Provided always, that it shall be lawful for the lords of the said committee, in any case in which they are satisfied that it will be more conducive for the public safety that the gates at any level crossing over any such [F2turnpike or other road][F2carriageway] should be kept closed across the railway, to order and direct that such gates shall be kept so closed, instead of across the road; and such order of the lords of the said committee shall be a sufficient authority for the directors or proprietors of any railway company to whom such order is addressed for keeping such gates closed, in the manner directed by the lords of the said committee.
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