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Railways Clauses Consolidation (Scotland) Act 1845
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- UK Public General Acts
- 1845 c. 33 (Regnal. 8_and_9_Vict)
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And with respect to the construction of this Act, and...
2.“special Act:” “prescribed:” “the lands:” “the undertaking.”
3. Interpretations in this and the special Act: Number: Gender: “Lands:” “Lease:” “Toll:” “Month:” “Lord ordinary:” “Sheriff:” “Justice:” “Two justices:” “Owner:” “the Bank:” “the company:” “the railway:”
5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation (Scotland) Act.
8. Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
9. Sheriff clerks, &c. to receive plans of alterations, and allow inspection.
11. Limiting deviation from datum line described on sections, &c.
13. Arches, tunnels, &c. to be made as marked on deposited plans.
16. Works to be executed. Inclined planes, &c.Alteration of course of rivers, &cDrains, &c.Warehouses, &c.Alterations and repairs. General power. Proviso as to damages.
17. Works on the shore of the sea, &c. not to be constructed without the authority of the commissioners of woods and forests and commissioners of the Admiralty.
19. Company not to disturb pipes until they have laid down others.
20. Pipes not to be laid contrary to Act of Parliament, and 18 inches surface road to be retained.
And with respect to the temporary occupation of lands near...
25. Company may occupy temporarily private roads within five hundred yards of the railway.
26. Power to owners and occupiers of road and land to object that other roads should be taken.
27. Power to take temporary possession of land without previous payment of price.
28. Company to give notice previous to such temporary possession.
30. Power to owner to object that other lands ought to be taken.
34. Some quarries, &c. to be worked as surveyor of owner shall direct.
35. Owners of lands may compel company to purchase lands so temporarily occupied.
37. Compensation to be ascertained under the Lands Clauses Acts.
38.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crossing of roads, and construction of bridges
And with respect to the crossing of roads, or other...
44. The width of the bridges need not exceed the width of road in certain cases.
45. Existing inclinations of roads crossed or diverted need not be improved.
46. Before roads interefered with, others to be substituted.
48. Party suffering damage from interruption of road to recover in an action on the case.
52. Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
53. Proceedings on application to sheriff or justices to consent to level crossings of bridleways and footways.
54. Sheriff or justices to have power to order approaches and fences to be made to highways crossing on the level.
Construction or reparation of bridges
57. Sheriff or justices to have power to order repair of bridges, &c.
58. Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act impossible or inconvenient.
59. Authentication of certificates of the Board of Trade, service of notices, &c.
Works for accommodation and protection of lands
Andwith respect to works for the accommodation of lands adjoining...
60.Works to be erected for the accommodation of adjoining lands.
61. Differences as to accommodation works to be settled by sheriff or justices.
63. Power to owners of land to make additional accommodation works.
64. Works to be constructed under the superintendence of the company’s engineer.
65. Accommodation works not to be required after five years.
66. Owners to be allowed to cross until accommodation works made.
67. Materials, &c. to vest in company for purposes of prosecution.
69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And with respect to mines lying under or near the...
70. Promoters of the undertaking not to be entitled to minerals.
71. Mines lying near the railway not to be worked if the company willing to purchase them.
72. If company unwilling to purchase, owner may work the mines.
75. and also for any airway or other work made necessary by the railway.
76. Power to the company to enter and inspect the working of mines.
78D. Exemption from liability to leave support otherwise than under Act or agreement.
Working of mines [Editorial Note: ss. 70-78 as originally enacted follow]
And with respect to mines lying under or near the...
71.Mines lying near the railway not to be worked if the company willing to purchase them.
72.If company unwilling to purchase, owner may work the mines.
75.and also for any airway or other work made necessary by the railway.
76.Power to company to enter and inspect the working of mines.
88.†Tolls to be taken only whilst board exhibited and milestones set up.
89.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90. In default of payment of tolls, goods, &c. may be detained and sold.
91—95.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99, 100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And with respect to the engines and carriages to be...
107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108. Engines to be approved by the company, and certificate of approval given. Unfit engines to be removed.
110. Carriages to be constructed according to company’s regulations.
113. Owner’s name, &c. to be registered, and exhibited on carriages.
115. Carriages improperly loaded, or suffered to obstruct the way, may be unloaded or removed.
118.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And with respect to the settlement of disputes by arbitration,...
119—129.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of damages and penalties
And with respect to the recovery of damages not specially...
133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134. Method of proceeding before the sheriff or justices in questions of damages.
135.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
137. Penalties to be summarily recovered before the sheriff or two justices.
138.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140, 141.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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And with respect to the provision to be made for...
153. Copies of special Act to be kept and deposited, and allowed to be inspected.
155.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULES
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