Railways Clauses Consolidation (Scotland) Act 1845

XXXPower to Owner to object that other Lands ought to be taken.

In any Case in which, a Notice of Three Weeks is hereinbefore required to be given it shall be lawful for the Owner or Occupier of the Lands therein referred to, within Ten Days after the Service of such Notice, by Notice in Writing to the Company, to object to the Company making use of such Lands, either on the ground that the Lands proposed to be taken for the Purposes aforesaid, or some Part thereof, or of the Materials contained therein, are essential to be retained by such Owner, in order to the beneficial Enjoyment of other neighbouring Lands belonging to him, or on the ground that other Lands lying contiguous or near to those proposed to be taken would be more fitting to be used for such Purposes by the Company; and upon Objection being so made such Proceedings may be had as herein-after mentioned ; and if in such Case the Company shall refuse to occupy such other Lands in lieu of those mentioned in the Notice, it shall be lawful for the Sheriff, on the Application of such Owner or Occupier, to summon the Company and the Owners and Occupiers of such other Lands to appear before him at a Time and Place to be named in such Summons, such Time not being more than Fourteen Days after such Application nor less than Seven Days from the Service of such Summons ; and on the Appearance of the Parties, or in the Absence of any of them, upon Proof of due Service of the Summons, it shall be lawful for such Sheriff to determine summarily which of the said Lands shall be used by the Company for the Purposes aforesaid, and to authorize the Company to occupy and use the same accordingly.