Railways Clauses Consolidation Act 1845

LXII Justices to hare power to order Approaches and Fences to be made to Highways crossing on the Level.

If, where the Railway shall cross any Highway on the Level, the Company fail to make convenient Ascents and Descents or other convenient Approaches, and such Handrails, Fence, Gates, and Stiles as they are herein-before required to make, it shall be lawful for Two Justices, on the Application of the Surveyor of Roads, or of any Two Householders within the Parish or District where such Crossing shall be situate, after not less than Ten Days Notice to the Company, to order the Company to make such Ascent and Descent or other Approach, or such Handrails, Fences, Gates, or Stiles as aforesaid, within a Period to be limited for that Purpose by such Justices; and if the Company fail to comply with such Order they shall forfeit Five Pounds for every Day that they fail so to do; and it shall be lawful for the Justices by whom any such Penalty is imposed to order the whole or any Part thereof to be applied, in such Manner and by such Person as they think fit, in executing the Work in respect whereof such Penalty was incurred.