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Railways Clauses Consolidation (Scotland) Act 1845

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XXXIIICompany to separate the Lands before using them.

Before the Company shall use any such Lands for any of the Purposes aforesaid they shall, if required so to do by the Owner or Occupier thereof, separate the same by a sufficient Fence from the Lands adjoining thereto, with such Gates as may be required by the said Owner or Occupier for the convenient Occupation of such Lands, and shall also, to all private Roads used by them as aforesaid, put up Fences and Gates, in like Manner, in all Cases where the same may be necessary, to prevent the straying of Cattle from or upon the Lands traversed by such Roads, and in case of any Difference between the Owners or Occupiers of such Roads and Lands and the Company as to the Necessity for such Fences and Gates, such Fences and Gates as any Two Justices shall deem necessary for the Purposes aforesaid, on Application being made to them, in like Manner as herein-before is provided in respect of the Use of such Road.

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