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Railways Clauses Consolidation (Scotland) Act 1845
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- 1845 c. 33
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V.Form in which Portions of this Act may be incorporated in other Acts.
VI.The Construction of the Railway to be subject to the Provisions of this Act and the Lands Clauses Consolidation (Scotland) Act.
VIII.Works not to be proceeded with until Plans of fill Alterations authorized by Parliament have been deposited.
IX.Sheriff Clerks, &c. to receive Plans of Alterations, and allow Inspection.
XI.Limiting Deviation from Datum Line described on Sections, &c.
XIII.Arches, Tunnels, &c. to be made as marked on deposited Plans
XVII.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.
XIX.Company not to disturb Pipes until they have laid down others.
XX.Pipes not to be laid contrary to Act of Parliament, and 18 Inches surface Road to be retained.
XXV.Company may occupy temporarily private Roads within Five hundred Yards of the Railway.
XXVI.Power to Owners and Occupiers of Road and Land to object that other Roads should be taken.
XXVII.Power to take temporary Possession of Land without previous Payment of Price.
XXVIII.Company to give Notice previous to such temporary Possession.
XXX.Power to Owner to object that other Lands ought to be taken.
XXXI.Power to the Sheriff to summon other Owners before him.
XXXIV.Stone Quarries, &c. to be worked as Surveyor or Owner shall direct.
XXXV.Owners of Lands may compel Company to purchase Lands so temporarily occupied.
XXXVII.Compensation to be ascertained under the Lands Clauses Act.
Crossing of Roads, and Construction of Bridges
XLIV.The Width of the Bridges need not exceed the Width of Road in certain Cases.
XLV.Existing Inclinations of Roads crossed or diverted need not be improved.
XLVI.Before Roads interfered with, others to be substituted.
XLVIII.Party suffering Damage from Interruption of Road to recover in an Action on the Case.
LII.Company to make sufficient Approaches and Fences to Bridleways and Footways crossing on the Level.
LIII.Proceedings on Application to Sheriff or Justices to consent to level Crossings of Bridleways and Footways.
LIV.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
LVII.Sheriff or Justices to have Power to order Repair of Bridges, &c.
LVIII.Board of Trade empowered to modify the Construction of certain Roads, Bridges, &c. where a strict Compliance with the Act impossible or inconvenient.
LIX.Authentication of Certificates of the Board of Trade, Service of Notices, &c.
Works for Accommodation and Protection of Lands
LX.Works to be erected for the Accommodation of adjoining Lands.
LXI.Differences as to Accommodation Works to be settled by Sheriff or Justices.
LXII.Execution of Works by Owners on default by the Company.
LXIII.Power to Owners of Land to make additional Accommodation Works.
LXIV.Works to be constructed under the Superintendence of the Company's Engineer.
LXV.Accommodation Works not to be required after Five Years.
LXVI.Owners to be allowed to cross until Accommodation Works made.
LXVII.Materials, &c. to vest in Company for Purposes of Prosecution.
LXX.Promoters of the Undertaking not to be entitled to Minerals.
LXXI.Mines lying near the Railway not to be worked if the Company willing to purchase them.
LXXII.If Company unwilling to purchase, Owner may work the Mines.
LXXIV.Company to make Compensation for Injury done to Mines ;
LXXV.and also for any Airway or other Work made necessary by the Railway.
LXXVI.Power to the Company to enter and inspect the working of Mines.
LXXXVIII.Tolls to be taken only whilst Board exhibited and Milestones set up.
XC.In default of Payment of Tolls, Goods, &c. may be detained and sold.
XCV.Toll Collector to be liable for wrongful Detention of Goods.
XCVI.Penalty on Passengers practising Frauds on the Company.
XCIX.Delivery of Matters in possession or custody of Toll Collector at removal.
C.Annual Account to be made up, and a Copy transmitted to the Sheriff Clerk.
CVIII.Engines to be approved by the Company and Certificate of Approval given. Unfit Engines to be removed.
CX.Carriages to be constructed according to Company's Regulations.
CXIII.Owner's Name, &c. to be registered, and exhibited on Carriages.
CXV.Carriages improperly loaded, or suffered to obstruct the Way, may be unloaded or removed.
CXIX.Where Questions are to be determined by Arbitration Arbiters to be appointed within Fourteen, Days after Notice.
CXXII.Lord Ordinary to appoint an Oversman on Neglect of Arbiters.
CXXIII.In case of Death of single Arbiter, Matter to begin de novo.
CXXIV.If either Arbiter refuse to act, the other to proceed ex parte.
CXXV.If Arbiters fail to make their Award within Twenty one Days the Matter to go to the Umpire.
Recovery of Damages and Penalties
CXXXIV.Method of proceeding before the Sheriff or Justices in Questions of Damages.
CXXXVI.Penalty for defacing Boards used for such Publication.
CXXXVII.Penalties to be summarily recovered before the Sheriff or Two Justices.
CLI.Parties allowed to appeal from Justices to Quarter Sessions on giving Security.
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