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Railways Clauses Consolidation (Scotland) Act 1845
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LICompany to repair Roads used by them.
If in the course of making the Railway the Company shall use or interfere with any Road they shall from Time to Time make good all Damage done by them to such Road; and if any Question shall arise as to the Damage done to any such Road by the Company, or as to the Repair thereof by them, the same shall be determined by the Sheriff or Two Justices ; and such Sheriff or Justices may direct such Repairs to be made in the State of such Road, in respect of the Damage done by the Company, and within such Period, as they think reasonable, and may impose on the Company, for not carrying into effect such Repairs, any Penalty, not exceeding Five Pounds per Day, as to such Sheriff or Justices shall seem just; and such Penalty shall be paid to the Surveyor or other Person having the Management of the Road interfered with by the Company, if a public Road, and be applied for the Purposes of such Road, or if a private Road the same shall be paid to the Owner thereof: Provided always, that in determining any such Question with regard to a Turnpike Road the said Sheriff or Justices shall have regard to and make full Allowance for any Tolls that may have been paid by the Company on such Road in the course of the using thereof.
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