Railways Clauses Consolidation (Scotland) Act 1845

16 Works to be executed. Inclined planes, &c.Alteration of course of rivers, &cDrains, &c.Warehouses, &c.Alterations and repairs. General power. Proviso as to damages. S

Subject to the provisions and restrictions in this and the special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, herein-after mentioned, to execute any of the following works; (that is to say,)

• They may make or construct, in, upon, across, under, or over any lands, or any . . . F1 , hills, valleys, roads, railroads, or tramroads, rivers, canals, brooks, streams, or other waters, within the lands described in the said plans, or mentioned in the said books of reference or any correction thereof, such temporary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences, as they think proper;

• They may alter the course of any rivers not navigable, canals, brooks, streams, or watercourses, and of any branches of navigable rivers, such branches not being themselves navigable, within such lands, for the purpose of constructing and maintaining tunnels, bridges, passages, or other works over or under the same, and divert or alter, as well temporarily as permanently, the course of any such rivers or streams of water, [F2 or roads], or raise or sink the level of any such rivers or streams, [F2 or roads], in order the more conveniently to carry the same over or under or by the side of the railway, as they may think proper;

• They may make drains or conduits into, through, or under any lands adjoining the railway, for the purpose of conveying water from the railway;

• They may erect and construct such houses, warehouses, offices, and other buildings, yards, stations, wharfs, engines, machinery, apparatus, and other works and conveniences, as they think proper;

• They may from time to time alter, repair, or discontinue the before mentioned works or any of them, and substitute others in their stead; and

• They may do all other acts necessary for making, maintaining, altering, or repairing, and using the railway:

• Provided always, that in the exercise of the powers by this or the special Act granted the company shall do as little damage as can be, and shall make full satisfaction, in manner herein and in the special Act, and any Act incorporated therewith, provided, to all parties interested, for all damage by them sustained by reason of the exercise of such powers.

Annotations:

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Amendments (Textual)

F1 Word repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 3(5)(a), Sch. 11

F2 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 3(5)(b)

Modifications etc. (not altering text)

C1 S. 16 incorporated (21.5.1992) by S.I. 1992/1267, art. 4(1)