PD&SWJR / Warleigh Estate clauses

Plymouth Devonport and South Western Junction Railway

For the protection of the Warleigh Estate of Charlotte Hannah Radcliffe her successors and assigned (who are herein after referred to as “The Owners”) situate in the Parish of Tamerton Foliot in the County of Devon the following provision shall have effect (that is to say)

1.                    The Company shall construct the viaduct which will carry the Railway No. 2 over the River Tavy of iron with sixteen spans of one hundred feet each, such viaduct to spring from the main land on either side of the River Tavy and to be of such an ornamental design as Peter John Margary Civil Engineer on behalf of the owner shall approve or in case of the death of the said Peter John Margary as the president of the Society of Civil Engineers for the time being shall approve and the Company shall at all times maintain the said viaduct.

2.                    The said viaduct shall be constructed with an opening span in the centre thereof of not less than fifty feet and such opening span shall be made to turn by hydraulic power in not less than one minute and half of time.

The Company shall at their own expense make and maintain a private station with all the necessary signals and appliances at a spot to be selected by the owner on Warleigh Wood for the use of the Owner her tenants servants and workmen and shall open the same on the completion and on opening for traffic of the railway No. 2 shown upon the deposited plans and the Company shall stop all trains at the said station both to take up and set down passengers and goods as shall be required by the Owner provided that reasonable notice is given by the Owner to the Company whenever a train is required to be stopped at the said station.

3                     If at any time hereafter a road is constructed from Tamerton Foliot communicating with the said private station the same shall be converted by and at the expense of the Company into a station of the ordinary kind on the railway for passengers and traffic with all the necessary sidings appliances signals and signal boxes and the Company shall keep proper officers and servants at such station for the safe and convenient use of the same.

4                     The Company shall at their own expense plan and forever afterwards keep planted with suitable trees and evergreen shrubs the cuttings and the slopes of the embankments on each side of railway No. 2 to be constructed through Warleigh Estate and such trees and shrubs which shall be so planted shall be the property of the Owner who shall have all proper powers of cutting down and thinning the same as the Owners think fit.

5                     All sporting sights and privileges of every description over and in that portion of the said railway No. 2 with its embankment slopes and cuttings which shall pass thro’ the estate of the Owner shall be reserved to the Owners.

6                     The Company shall not without the consent of the Owner take any of the lands of the Owner except so much land as will enable the Company to construct in accordance with the centre line of the railway No. 2 as shown upon the deposited plans a double line of railway including the necessary slopes and shall not without the like consent of the Owner at any time erect upon the land of the Owner or upon the foreshore contiguous to the Warleigh Estate any huts or other provision whatever for the accommodation or use of workmen or any other person or persons in the employment of the company.

7                     The Company shall within one year from the passing of this act give notice to the Owner stating the whole quantity of land belonging to the Owner which the Company may require to take and purchase under the provisions of this act.

8                     The Company shall not without the written licence of the Owner erect or cause or permit to be erected on any land acquired by them from the Owner any telegraph posts and all telegraph wires shall as respects that portion of the railway which passes through the estate of the Owner be placed on or under the ground.

9                     If any difference shall at any time arise between the Company and the Owner touching the construction of this section or anything to be done thereunder or otherwise in relation thereto such differences shall unless otherwise expressly provided be referred to and determined by arbitration in manner provided by the Railway Clauses Consolidation Act 1845 with respect to the settlements of disputes by arbitration.

10                  Nothing in this section contained shall prejudice abridge of defect the right of the Owner to compensation for land acquired from or injury occasioned to the Owner for or in consequence of the works of the Company.