# Railways Clauses Consolidation Act 1845, Section 85: Protection against improper working.


If it appears that any minerals have been worked or are being worked contrary to the provisions of this Act or the special Act, the company may, if they think fit, give notice to the mine owner thereof, requiring him to construct such works and to adopt such means as may be necessary or proper for making safe such railway or works and preventing injury thereto; and if, after such notice, the mine owner shall not forthwith proceed to construct the works necessary for making safe the railway, the company may construct such works and recover the expense thereof from the mine owner by action.

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Source: https://www.legislation.gov.uk/ukpga/Vict/8-9/20/crossheading/working-of-mines/section/85 (the official version)
Page: https://openlegislation.uk/railways-clauses-consolidation-act-1845/crossheading-working-of-mines/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.