23rd August 1875
I am now directed to transmit
to you to be laid before the Directors of your Co. an order of the B
of T under the 7th section of the Ry. Cl. Act, 1853, requiring the B&NS
Ry. Co. within 18 months from the date thereof to carry the turnpike
road at Radstock over their Ry. by means of a bridge.
I am further directed to
state that a similar order has been served upon the S&D Ry. Co.
the order in each case directing the Co, to construct a bridge in conformity
with the provisions of the Ry. Cl. Cons. Act 1845.
The danger arising from
the existing arrangements for the road traffic is too serious to be
overlooked and in making these orders the B of T must necessarily follow
the course prescribed by the legislature at the same time the unusual
circumstances of two distinct railways running by proximate parallel
lines with separate stations in a place like Radstock is so unusual
as to suggest a more convenient and practicable alternative than that
which the Legislature has prescribed viz. The formation of one continuous
bridge over the two railways. This would obviously prove the least expensive
as well as the best remedy for the existing mischief. The Board of trade
can however only throw out this suggestion for the immediate consideration
and adoption of the companies and they do so entirely without prejudice
to the strict and literal enforcement of the orders should the companies
fail to arrive at an immediate arrangement for the joint construction
of a continuous overbridge or for some other concerted plan of action
to be forthwith submitted for the sanction of the B of T.
I am to request that the
accompanying duplicate of the order be returned to the B of T endorsed
with the usual acceptance of service.
I am, Sir, your obedient
servant.
(Signed) Henry G Calcroft
Whereas by the Bristol
and North Somerset Railway Act, 1863, the Bristol and North Somerset
Railway Company were incorporated and were authorised to make and maintain
certain lines of railway therein described as a Railway No. 1 and a
Railway No. 2 and whereas by the Bristol and North Somerset Railway
Act 1870 the said company were further authorised subject to the provisions
of the same act to make and maintain in substitution for part of the
said railway No. 1 and for the whole of the said railway No. 2 as aforesaid
a railway commencing in the parish of Radstock in the county of Somerset
by a junction with the Great Western railway Companies From and Radstock
Branch and terminating in the parish of Midsomer Norton in the same
county and whereas by the second mentioned act the company were subject
to the provisions in the Railways Clauses Consolidation Act 1845 and
in Part 1 (relating to the construction of a railway) of the Railways
Clauses Act 1863 contained in reference to crossing roads on the level
authorised to carry the said railway with a double line of railway only
across and on the level of the turnpike road numbered on the deposited
plans 44 in the parish of Radstock, but subject to the conditions and
regulations in the act particularly mentioned and whereas by the seventh
section of the aforesaid railway clauses act, 1863, being one of the
provisions in part 1 of the same act above mentioned the Board of Trade
may if it appears to them necessary for the public safety at any time
after the passing of the special act require the company within such
time as the Board of Trade direct and at the expense of the company
to carry the turnpike road either or under of over the railway by means
of a bridge or arch instead of crossing the same on the level ad whereas
after due enquiry it appears to the Board of Trade to be necessary for
the public safety that the aforesaid turnpike road should be carried
over the Bristol and North Somerset railway by means of a bridge instead
of crossing the same on the level.
Now therefore the Board
of Trade by virtue of the powers conferred upon them by the aforesaid
Railway Clauses Act 1863 do hereby require and direct the Bristol and
North Somerset Railway Company within 18 months from the date of this
order and at the expense of the Company, to carry the aforesaid turnpike
road over the Bristol and North Somerset Railway by means of a bridge
and the Board of Trade further require and direct the company to construct
the aid bridge with the regulations and subject to the provisions contained
in Sections 50, 51, 52 and 53 of the Railways Clauses Consolidation
Act 1845.
Signed by order of the
Board of Trade this … day of … 1875
An assistant secretary to the
Board of Trade.
|