Accompanying letter and Order of the Board of Trade, requiring the Bristol and North Somerset Railway to replace its level crossing with a bridge
23rd August 1875
Original Document - The National Archive, Kew. MT6 644/5
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 said 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.
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