An Act of Parliament ( 28 and 29 Vict , cap cccxv ) allowing the company to operate passenger trains as a public railway was given Royal Assent on 5 July 186 . , The company appointed James Swinton Spooner as engineer for the construction . An Act of Parliament ( 28 and 29 Vict , cap cccxv ) allowing the company to operate passenger trains as a public railway was given Royal Assent on 5 July 1865 , and the company appointed James Swinton Spooner as engineer for the construction .