Railways Clauses Consolidation Act 1845

LVIII Company to repair Roads used by them.

If in the course of making the Railway the Company shall use or interfere with any Road they shall from Time to Time make good, all Damage done by them to such Road; and if any Question shall arise as to the Damage done to any such Road by the Company, or as to the Repair thereof by them, such Question shall be referred to the Determination of Two Justices; and such Justices may direct such Repairs to be made in the State of such Road, in respect of the Damage done by the Company, and within such Period as they think reasonable, and may impose on the Company, for not carrying into effect such Repairs, any Penalty not exceeding Five Pounds per Day as to such Justices shall seem just; and such Penalty shall be paid to the Surveyor or other Person having the Management of the Road interfered with by the Company, if a public Road, and be applied for the Purposes of such Road, or if a private Road the same shall be paid to the Owner thereof : Provided always, that in determining any such Question with regard to a Turnpike Road the said Justices shall have regard to and shall make full Allowance for any Tolls that may have been paid by the Company on such Road in the course of the using thereof.