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Railways Clauses Consolidation (Scotland) Act 1845

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. II.Interpretations in this Act:

  3. III.Interpretations in this and the special Act:

  4. IV.Short Title of the Act.

  5. V.Form in which Portions of this Act may be incorporated in other Acts.

  6. Construction of Railway

    1. And with respect to the Construction of the Railway and...

    2. The Construction of the Railway to be subject to the Provisions of this Act and the Lands Clauses Consolidation (Scotland) Act.

      1. VI.In exercising the Power given to the Company by the...

    3. Errors and Omissions in Plans to be corrected.

      1. VII.If any Omission, Mis-statement, or erroneous Description shall have been...

    4. Works not to be proceeded with until Plans of fill Alterations authorized by Parliament have been deposited.

      1. VIII.It shall not be lawful for the Company to proceed...

    5. Sheriff Clerks, &c. to receive Plans of Alterations, and allow Inspection.

      1. IX.The said Sheriff Clerks, Schoolmasters, and Town Clerks shall receive...

    6. Copies to be Evidence.

      1. X.True Copies of the said Plans and Books of Reference,...

    7. Limiting Deviation from Datum Line described on Sections, &c.

      1. XI.In making the Railway it shall not be lawful for...

    8. Previous Notice of such Deviation to be given.

      1. XII.Before it shall be lawful for the Company to make...

    9. Arches, Tunnels, &c. to be made as marked on deposited Plans

      1. XIII.Where in any Place it is intended to carry the...

    10. Limiting Deviations from Gradients, Curves, &c.

      1. XIV.It shall not be lawful for the Company to deviate...

    11. Lateral Deviations.

      1. XV.It shall be lawful for the Company to deviate from...

    12. Works to be executed.

      1. XVI.Subject to the Provisions and Restrictions in this and the...

    13. 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.

      1. XVII.It shall not be lawful for the Company to construct...

    14. Alteration of Water and Gas Pipes, &c.

      1. XVIII.It shall be lawful for the Company, for the Purpose...

    15. Company not to disturb Pipes until they have laid down others.

      1. XIX.Provided always, That it shall not be lawful for the...

    16. Pipes not to be laid contrary to Act of Parliament, and 18 Inches surface Road to be retained.

      1. XX.It shall not be lawful for the Company to lay...

    17. Company to make good all Damage.

      1. XXI.The Company shall make good all Damage done to the...

    18. When Railway crosses Pipes, Company to make a Culvert.

      1. XXII.If it shall be necessary to construct the Railway or...

    19. Penalty for obstructing Supply of Gas or Water.

      1. XXIII.If by any such Operations as aforesaid the Company shall...

    20. Penalty for obstructing Construction of Railway.

      1. XXIV.If any Person wilfully obstruct any Person acting under the...

  7. Temporary Use of Lands

    1. And with respect to the temporary Occupation of Lands near...

    2. Company may occupy temporarily private Roads within Five hundred Yards of the Railway.

      1. XXV.Subject to the Provisions herein and in the special Act...

    3. Power to Owners and Occupiers of Road and Land to object that other Roads should be taken.

      1. XXVI.It shall be lawful for the Owners and Occupiers of...

    4. Power to take temporary Possession of Land without previous Payment of Price.

      1. XXVII.Subject to the Provisions herein and in the special Act...

    5. Company to give Notice previous to such temporary Possession.

      1. XXVIII.In case any such Lands shall be required for Spoil...

    6. Service of Notices on Owners and. Occupiers of Lands.

      1. XXIX.The said Notice shall either be served personally on such...

    7. Power to Owner to object that other Lands ought to be taken.

      1. XXX.In any Case in which, a Notice of Three Weeks...

    8. Power to the Sheriff to summon other Owners before him.

      1. XXXI.If in the Case last mentioned it shall appear to...

    9. The Company to give Sureties, if required.

      1. XXXII.Before entering, under the Provisions herein-before contained, upon any such...

    10. Company to separate the Lands before using them.

      1. XXXIII.Before the Company shall use any such Lands for any...

    11. Stone Quarries, &c. to be worked as Surveyor or Owner shall direct.

      1. XXXIV.That if any Land shall be taken or used by...

    12. Owners of Lands may compel Company to purchase Lands so temporarily occupied.

      1. XXXV.In all Cases in which the Company shall in exercise...

    13. Compensation to be made for temporary Occupation.

      1. XXXVI.In any of the Cases aforesaid, where the Company shall...

    14. Compensation to be ascertained under the Lands Clauses Act.

      1. XXXVII.The Amount and Application of the Purchase Money and other...

  8. Lands for additional Stations

    1. Land to be taken for additional Stations, &c.

      1. XXXVIII.And be it enacted, That it shall be lawful for...

  9. Crossing of Roads, and Construction of Bridges

    1. And with respect to the crossing of Roads, or other...

    2. Crossing of Roads.

      1. XXXIX.If the Line of the Railway cross any Turnpike Road...

    3. Provision in Cases where Roads are crossed on a Level.

      1. XL.If the Railway cross any Turnpike Road or public Carriage...

    4. As to crossing of Turnpike Roads adjoining Stations.

      1. XLI.Where the Railway crosses any Turnpike Road on a Level...

    5. Construction of Bridges over Roads.

      1. XLII.Every Bridge to be erected for the Purpose of carrying...

    6. Construction of Bridges over Railway.

      1. XLIII.Every Bridge erected for carrying any Road over the Railway...

    7. The Width of the Bridges need not exceed the Width of Road in certain Cases.

      1. XLIV.Provided always, That in all Cases where the average available...

    8. Existing Inclinations of Roads crossed or diverted need not be improved.

      1. XLV.Provided also, That if the mesne Inclination of any Road...

    9. Before Roads interfered with, others to be substituted.

      1. XLVI.If, in the Exercise of the Powers by this or...

    10. Penalty for not substituting a Road.

      1. XLVII.If the Company do not cause another sufficient Road to...

    11. Party suffering Damage from Interruption of Road to recover in an Action on the Case.

      1. XLVIII.If any Party entitled to a Right of Way over...

    12. Period for Restoration of Roads interfered with.

      1. XLIX.If the Road so interfered with can be restored compatibly...

    13. Penalty for failing to restore Road.

      1. L.If any such Road be not so restored, or the...

    14. Company to repair Roads used by them.

      1. LI.If in the course of making the Railway the Company...

    15. Company to make sufficient Approaches and Fences to Bridleways and Footways crossing on the Level.

      1. LII.If the Railway shall cross any Highway other than a...

    16. Proceedings on Application to Sheriff or Justices to consent to level Crossings of Bridleways and Footways.

      1. LIII.When the Company shall intend to apply for the Consent...

    17. Sheriff or Justices to have Power to order Approaches and Fences to be made to Highways crossing on the Level.

      1. LIV.If, when the Railway shall cross any Highway on the...

  10. Screens for Turnpike Roads

    1. Screen for Turnpike Road to be made, if required by the Board of Trade.

      1. LV.If the Commissioners or Trustees of any Turnpike Road, or...

    2. Penalty for failing to construct.

      1. LVI.Where by any such Certificate as aforesaid the Company shall...

  11. Construction or Reparation of Bridges

    1. Sheriff or Justices to have Power to order Repair of Bridges, &c.

      1. LVII.Where, under the Provisions of this or the special Act,...

    2. Board of Trade empowered to modify the Construction of certain Roads, Bridges, &c. where a strict Compliance with the Act impossible or inconvenient.

      1. LVIII.And whereas Expence might frequently be avoided, and public Convenience...

    3. Authentication of Certificates of the Board of Trade, Service of Notices, &c.

      1. LIX.And be it enacted, That all Regulations, Certificates, Notices, and...

  12. Works for Accommodation and Protection of Lands

    1. And with respect to Works for the Accommodation of Lands...

    2. Works to be erected for the Accommodation of adjoining Lands.

      1. LX.The Company shall make and at all Times thereafter maintain...

    3. Differences as to Accommodation Works to be settled by Sheriff or Justices.

      1. LXI.If any Difference arise respecting the Kind or Number of...

    4. Execution of Works by Owners on default by the Company.

      1. LXII.If for Seven Days next after the Time appointed by...

    5. Power to Owners of Land to make additional Accommodation Works.

      1. LXIII.If any of the Owners or Occupiers of Lands affected...

    6. Works to be constructed under the Superintendence of the Company's Engineer.

      1. LXIV.If the Company so desire, all such last-mentioned Accommodation Works...

    7. Accommodation Works not to be required after Five Years.

      1. LXV.The Company shall not be compelled to make any further...

    8. Owners to be allowed to cross until Accommodation Works made.

      1. LXVI.Until the Company shall have made the Bridges or other...

    9. Materials, &c. to vest in Company for Purposes of Prosecution.

      1. LXVII.During the Execution of any Contract made with the Company...

    10. Penalty on Persons omitting to fasten Gates.

      1. LXVIII.L If any Person omit to shut and fasten any...

  13. Branch Railways

    1. Power to Parties to make private Branch Rail, ways communicating with the Railway.

      1. LXIX.And be it enacted, That this or the special Act...

  14. Working of Mines

    1. And with respect to Mines lying under or near the...

    2. Promoters of the Undertaking not to be entitled to Minerals.

      1. LXX.The Company shall not be entitled to any Mines of...

    3. Mines lying near the Railway not to be worked if the Company willing to purchase them.

      1. LXXI.If the Owner, Lessee, or Occupier of any Mines or...

    4. If Company unwilling to purchase, Owner may work the Mines.

      1. LXXII.If before the Expiration of such Thirty Days the Company...

    5. Mining Communications.

      1. LXXIII.If the working of any such Mines or Minerals under...

    6. Company to make Compensation for Injury done to Mines.

      1. LXXIV.The Company shall from Time to Time pay to the...

    7. And also for any Airway or other Work made necessary by the Railway.

      1. LXXV.If any Loss or Damage be sustained by the Owner...

    8. Power to the Company to enter and inspect the working of Mines.

      1. LXXVI.For better ascertaining whether any such Mines are being worked...

    9. Penalty for Refusal to allow Inspection.

      1. LXXVII.If any such Owner, Lessee, or Occupier of any such...

    10. If Mines improperly worked, Supports to be made.

      1. LXXVIII.If it appear that any such Mines have been worked...

  15. Passengers and Goods on Railway

    1. And with respect to the carrying of Passengers and Goods...

    2. Company to employ locomotive Power, Carriages, &c.

      1. LXXIX.It shall be lawful for the Company to use and...

    3. Company empowered to contract with other Companies.

      1. LXXX.It shall be lawful for the Company from Time to...

    4. Contract not to affect Persons not Parties to it.

      1. LXXXI.Provided always, That no such Contract as aforesaid shall in...

    5. Company not to be liable to a greater Extent than Common Carriers.

      1. LXXXII.Nothing in this or the special Act contained shall extend...

    6. Power to vary Tolls under like Circumstances.

      1. LXXXIII.And whereas it is expedient that the Company should be...

    7. How Tolls to be calculated where Railways are amalgamated.

      1. LXXXIV.And whereas Authority has been given by various Acts of...

    8. Railway to be free on Payment of Tolls.

      1. LXXXV.It shall not be lawful for the Company at any...

  16. Collection Tolls

    1. List of Tolls to be exhibited on a Board.

      1. LXXXVI.A List of all the Tolls authorized by the special...

    2. Milestones.

      1. LXXXVII.The Company shall cause the Length of the Railway to...

    3. Tolls to be taken only whilst Board exhibited and Milestones set up.

      1. LXXXVIII.No Tolls shall be demanded or taken by the Company...

    4. Tolls to be paid as directed by the Company.

      1. LXXXIX.The Tolls shall be paid to such Persons, and at...

    5. In default of Payment of Tolls, Goods, &c. may be detained and sold.

      1. XC.If, on demand, any Person fail to pay the Tolls...

    6. Account of Lading, &c. to be given.

      1. XCI.Every Person being the Owner or having the Care of...

    7. Penalty for not giving Account of Lading.

      1. XCII.If any such Owner or other such Person fail to...

    8. Disputes as to Amount of Tolls chargeable.

      1. XCIII.If any Dispute arise concerning the Amount of the Tolls...

    9. Differences as to Weights, &c.

      1. XCIV.If any Difference arise between any Toll Collector or other...

    10. Toll Collector to be liable for wrongful Detention of Goods.

      1. XCV.If at any Time it be made to appear to...

    11. Penalty on Passengers practising Frauds on the Company.

      1. XCVI.If any Person travel or attempt to travel in any...

    12. Detention of Offenders.

      1. XCVII.If any Person be discovered, either in or after committing...

    13. Penalty for bringing dangerous Goods on Railway.

      1. XCVIII.No Person shall be entitled to carry, or to require...

    14. Delivery of Matters in possession or custody of Toll Collector at removal.

      1. XCIX.If any Collector of Tolls or other Officer employed by...

    15. Annual Account to be made up, and a Copy transmitted to the Sheriff Clerk.

      1. C.And be it enacted, That the Company shall every Year...

  17. Bye Laws

    1. And with respect to the Regulations of the Use of...

    2. Company to regulate the Use of the Railway.

      1. CI.It shall be lawful for the Company from Time to...

    3. Power to make Regulations by Bye Laws.

      1. CII.For better enforcing the Observance of all or any of...

    4. Publication of such Bye Laws.

      1. CIII.The Substance of such last-mentioned Bye Laws, when confirmed or...

    5. Such Bye Laws to be binding on all Parties.

      1. CIV.Such Bye Laws, when so confirmed, published, and affixed, shall...

  18. Leasing of Railway

    1. Exercise of Power to lease Railway.

      1. CV.Where the Company shall be authorized by the special Act...

    2. Powers vested in Company to be exercised by Lessees.

      1. CVI.Such Lease shall entitle the Company or Person to whom...

  19. Carriages and Engines

    1. And with respect to the Engines and Carriages to be...

    2. Engines to consume their Smoke.

      1. CVII.Every locomotive Steam Engine to be used on the Railway...

    3. Engines to be approved by the Company and Certificate of Approval given.

      1. CVIII.No locomotive or other Engine, or other Description of moving...

    4. Penalties on Persons using improper Engines.

      1. CIX.If any Person, whether the Owner or other Person having...

    5. Carriages to be constructed according to Company's Regulations.

      1. CX.No Carnage shall pass along or be upon the Railway...

    6. Regulations to apply also to Company's Carriages.

      1. CXI.The Regulations from Time to Time to be made by...

    7. Penalty for using improper Carriages.

      1. CXII.If any Carriage, not being of such Construction or in...

    8. Owner's Name, &c. to be registered, and exhibited on Carriages.

      1. CXIII.The respective Owners of Carriages using the Railway shall cause...

    9. On Noncompliance Carriage may be removed.

      1. CXIV.If the Owner of any Carriage fail to comply with...

    10. Carriages improperly loaded, or suffered to obstruct the Way, may be unloaded or removed.

      1. CXV.If the Loading of any Carriage using the Railway be...

    11. Company not to be liable for Damage by unloading, &c.

      1. CXVI.The Company shall not be liable for any Damage or...

    12. Owners liable for Damage by Servants.

      1. CXVII.The respective Owners of Engines and Carriages passing or being...

    13. Owners to recover from Servants.

      1. CXVIII.It shall be lawful for any Owner of any Engine...

  20. Arbitration

    1. And with respect to the Settlement of Disputes by Arbitration,...

    2. Where Questions are to be determined by Arbitration Arbiters to be appointed within Fourteen, Days after Notice.

      1. CXIX.When any Dispute directed by this or the special Act,...

    3. Vacancy of Arbiter to be supplied.

      1. CXX.If before the Matters so referred shall be determined any...

    4. Appointment of Oversman.

      1. CXXI.Where more than One Arbiter shall have been appointed such...

    5. Lord Ordinary to appoint an Oversman on Neglect of Arbiters.

      1. CXXII.If in either of the Cases aforesaid the said Arbiters...

    6. In case of Death of single Arbiter, Matter to begin de novo.

      1. CXXIII.If when a single Arbiter shall have been appointed such...

    7. If either Arbiter refuse to act, the other to proceed ex parte.

      1. CXXIV.If where more than One Arbiter shall have been appointed...

    8. If Arbiters fail to make their Award within Twenty one Days the Matter to go to the Umpire.

      1. CXXV.If where more than One Arbiter shall have been appointed,...

    9. Power of Arbiters to call for Books, &c.

      1. CXXVI.The said Arbiters or their Oversman may call for the...

    10. Expences to be in the Discretion of the Arbiters.

      1. CXXVII.Except where by this or the special Act, or any...

    11. Awards to be in Writing, and recorded.

      1. CXXVIII.The Arbiters or Oversman, as the Case may be, shall...

    12. Not to be set aside for Matter of Form.

      1. CXXIX.No Award made in respect to any Question referred to...

    13. Service of Notices upon Company.

      1. CXXX.And be it enacted, That any Summons or Notice, or...

    14. Tender of Amends.

      1. CXXXI.And be it enacted, That if any Party shall have...

  21. Recovery of Damages and Penalties

    1. And with respect to the Recovery of Damages not specially...

    2. Provision for Damages not otherwise provided for.

      1. CXXXII.In all Cases where any Damages, Charges, or Expences are...

    3. Distress, &c. against the Treasurer.

      1. CXXXIII.If sufficient Goods of the Company cannot be found whereon...

    4. Method of proceeding before the Sheriff or Justices in Questions of Damages.

      1. CXXXIV.Where in this or the special Act, or any Act...

    5. Publication of Penalties.

      1. CXXXV.The Company shall publish the short Particulars of the several...

    6. Penalty for defacing Boards used for such Publication.

      1. CXXXVI.If any Person pull down or injure any Board put...

    7. Penalties to be summarily recovered before the Sheriff or Two Justices.

      1. CXXXVII.Every Penalty or Forfeiture imposed by this or the special...

    8. Penalties may be levied by Poinding and Sale.

      1. CXXXVIII.If forthwith upon any such Adjudication as aforesaid the Amount...

    9. Imprisonment in default of sufficient Poinding.

      1. CXXXIX.. It shall be lawful for any such Sheriff or...

    10. Poinding and Sale how to be made.

      1. CXL.Where in this or the special Act, or any Act...

    11. Poinding not unlawful for Want of Form.

      1. CXLI.No Poinding and Sale made by virtue of this or...

    12. Application of Penalties.

      1. CXLII.The Sheriff or Justices by whom any such Penalty or...

    13. Penalties to be sued for within Six Months.

      1. CXLIII.No Person shall be liable to the Payment of any...

    14. Damage to be made good in addition to Penalty.

      1. CXLIV.If, through any Act, Neglect, or Default on account whereof...

    15. Penalty on Witnesses making default.

      1. CXLV.It shall be lawful for any Sheriff or Justice to...

    16. Transient Offenders.

      1. CXLVI.It shall be lawful for any Officer or Agent of...

    17. Proceedings by Sheriff need not be in Writing.

      1. CXLVII.Any Sheriff to whom any Application is authorized to be...

    18. Form of Conviction.

      1. CXLVIII.The Sheriff or Justice or Justices before whom any Person...

    19. Proceedings not to be quashed for Want of Form, &c.

      1. CXLIX.No Proceeding in pursuance of this or the special Act,...

    20. Power of, Appeal to Sheriff.

      1. CL.In all Cases which may come before any Sheriff Substitute...

    21. Parties allowed to appeal from Justices to Quarter Sessions on giving Security.

      1. CLI.If any Party shall feel aggrieved by any Determination or...

    22. Court to make such Order as they think reasonable.

      1. CLII.At the Quarter Sessions for which such Notice shall be...

  22. Special Act

    1. And with respect to the Provision to be made for...

    2. Copies of special Act to be kept and deposited, and allowed to be inspected.

      1. CLIII.The Company shall at all Times after the Expiration of...

    3. Penalty on Company failing to keep or deposit Act.

      1. CLIV.If the Company shall fail to keep or deposit, as...

    4. Alteration of Act.

      1. CLV.And be it enacted, That this Act may be amended...

    1. Schedule

      referred to by the foregoing Act

      1. Form of Conviction before

        1. to wit. Be it remembered, That on the _____________ Day...

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