Operation of the Act confined

to future Rail

Interpretations in this Act:

"special Act:"

that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating ' to such Undertakings, as for ensuring greater Uniformity in the Provisions themselves: And whereas a Bill is now pending in Parliament, intituled An Act for consolidating in One Act 'certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature in Scotland, ' and which is intended to be called "The Lands Clauses Con'solidation (Scotland) Act, 1845:"Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Provisions of this Act shall apply to every Railway in Scotland which shall by any Act which shall hereafter be passed be authorized to be constructed, and this Act shall be incorporated with such Act; and all the Clauses and Provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, form Part of such Act, and be construed, together therewith, as forming One Act.

And with respect to the Construction of this Act, and other Acts to be incorporated therewith, be it enacted as follows:

II. The Expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the Construction of a Railway, and with which this "prescribed:" Act shall be so incorporated as aforesaid; and the Word "prescribed" used in this Act in reference to any Matter herein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the Lands" shall mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression "the Undertaking" shall mean the Railway and Works, of whatever Description, by the special Act authorized to be executed.

"the Lands:

"the Undertaking."

"

Interpretations in this and the special Act:

Number:

Gender:

"Lands:"

"Lease:"

III. The following Words and Expressions both in this and the special Act shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)

Words importing the Singular Number only shall include the
Plural Number, and Words importing the Plural Number
only shall include also the Singular Number:

Words importing the Masculine Gender only shall include
Females:

The Word "Lands" shall include Lands, Houses, Tenements,
and Heritages of any Tenure:

The Word "Lease" shall include a Missive or an Agreement for a Lease:

The

The Word "Toll" shall include any Rate or Charge or other "Toll :"
Payment payable under the special Act, for any Passenger,
Animal, Carriage, Goods, Merchandize, Articles, Matters, or
Things conveyed on the Railway:

The Word "Month" shall mean Calendar Month:

"Month:"

The "Lord Ordinary" shall mean the Lord Ordinary of the "Lord OrdiCourt of Session in Scotland officiating on the Bills in Time nary:"

of Vacation, or the junior Lord Ordinary if in Time of

Session, as the Case may be:

The Word "Oath" shall include Affirmation in the Case of "Oath :"
Quakers, or other Declaration or Solemnity lawfully substi-
tuted for an Oath in the Case of any other Persons exempted
by Law from the Necessity of taking an Oath :

The Word "County" shall include any Ward or other like "County:"
Division of a County:

The Word "Sheriff" shall include the Sheriff Substitute:

"Sheriff:"

The Word "Justice" shall mean Justice of the Peace acting "Justice:" for the County, City, or Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and where such Matter shall arise in respect of Lands being the Property of one and the same Party, situate not wholly in any one County, City, or Place, shall mean a Justice acting for the County, City, or Place where any Part of such Lands shall be situate, and who shall not be interested in such Matter; and where any Matter shall be authorized or required to be done by Two Justices, the Expression "Two Justices" shall be understood "Two Justo mean Two or more Justices assembled and acting together: tices:" Where under the Provisions of this or the special Act any "Owner:" Notice shall be required to be given to the Owner of any Lands, or where any Act shall be authorized or required to be done with the Consent of any such Owner, the Word "Owner" shall be understood to mean any Person or Corporation who, under the Provisions of this or the special Act, or any Act incorporated therewith, would be enabled to sell and convey Lands to the Company:

The Expression "the Bank" shall mean any one of the incorpo- "the Bank:" rated or chartered Banks in Scotland:

The Expression "the Company" shall mean the Company or "the ComParty which shall be authorized by the special Act to pany:" construct the Railway :

The Expression "the Railway" shall mean the Railway and "the RailWorks by the special Act authorized to be constructed:

way:"

The Expression "the Board of Trade" shall mean the Lords of " Board of the Committee of Her Majesty's Privy Council appointed for Trade." Trade and Foreign Plantations.

IV. And be it enacted, That in citing this Act in other Acts Short Title of of Parliament, and in legal Instruments, it shall be sufficient to the Act. use the Expression "The Railways Clauses Consolidation (Scot

land) Act, 1845."

6

V. And whereas it may be convenient, in some Cases, to Form in which incorporate with Acts hereafter to be passed some Portion Portions of this only of the Provisions of this Act;' be it therefore enacted, Act may be That, for the Purpose of making any such Incorporation, it shall in other Acts.

be

incorporated

Construction of
Railway.

The Construc

tion of the Rail

way to be subject to the Pro

visions of this Act and the

Lands Clauses

Consolidation

(Scotland) Act.

Errors and
Omissions in
Plans to be
corrected.

be sufficient in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incorporated (describing such Matter as it is described in this Act, in the Words introductory to the Enactment with respect to such Matter,) shall be incorporated with such Act, and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate.

And with respect to the Construction of the Railway and the Works connected therewith, be it enacted as follows:

VI. In exercising the Power given to the Company by the special Act to construct the Railway, and to take Lands for that Purpose, the Company shall be subject to the Provisions and Restrictions contained in this Act and in the said Lands Clauses Consolidation (Scotland) Act; and the Company shall make to the Owners and Occupiers of and all other Parties interested in any Lands taken or used for the Purposes of the Railway, or injuriously affected by the Construction thereof, full Compensation for the Value of the Lands so taken or used, and for all Damage sustained by such Owners, Occupiers, and other Parties, by reason of the Exercise, as regards such Lands, of the Powers by this or the special Act, or any Act incorporated therewith, vested in the Company; and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be ascertained and determined in the Manner provided by the said Lands Clauses Consolidation Act for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof; and all the Provisions of the said last-mentioned Act shall be applicable to determine the Amount of any such Compensation, and to enforcing the Payment or other Satisfaction thereof.

VII. If any Omission, Mis-statement, or erroneous Description shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands, described on the Plans or Books of Reference mentioned in the special Act, or in the Schedule to the special Act, it shall be lawful for the Company, after giving Ten Days Notice to the Owners of the Lands affected by such proposed Correction, to apply to the Sheriff for the Correction thereof; and if it shall appear to such Sheriff that such Omission, Mis-statement, or erroneous Description arose from Mistake, he shall certify the same accordingly, and shall in such Certificate state the Par ticulars of any such Omission, and in what respect any such Matter shall have been mis-stated or erroneously described; and such Certificate shall be deposited in the Office of the Principal Sheriff Clerk in every County in which the Lands affected thereby shall be situate, and shall also be deposited with the Schoolmasters of the several Parishes (or, in Royal Burghs, with the Town Clerk) in which the Lands affected thereby shall be situate; and such Certificate shall be kept by such Sheriff Clerks, Schoolmasters, and other Persons respectively along with the other Documents to which they relate; and thereupon such Plan, Book of Refe

rence,

Construction of
Railway.

rence, or Schedule shall be deemed to be corrected according to such Certificate; and it shall be lawful for the Company to make the Works in accordance with such Certificate. VIII. It shall not be lawful for the Company to proceed in the Works not to Execution of the Railway unless they shall have previously to be proceeded the Commencement of such Work deposited in the Office of the with until Plans Principal Sheriff Clerk in every County in or through which the of all AlteraRailway is intended to pass a Plan and Section of all such Alterations from the original Plan and Section as shall have been approved of by Parliament, on the same Scale and containing the same Particulars as the original Plan and Section of the Railway, and shall also have deposited with the Schoolmasters of the several Parishes (or, in Royal Burghs, with the Town Clerk,) in or through which such Alterations shall have been authorized to be made Copies or Extracts of or from such Plans and Sections as shall relate to such Parishes respectively.

tions authorized by Parlian ent

have been deposited.

Sheriff Clerks,

&c. to receive Plans of Alter

ations, and allow

Inspection.

IX. The said Sheriff Clerks, Schoolmasters, and Town Clerks shall receive the said Plans and Sections of Alterations, and Copies and Extracts thereof respectively, and shall retain the same, as well as the said original Plans and Sections, and shall permit all Persons interested to inspect any of the Documents aforesaid, and to make Copies and Extracts of and from the same, in the like Manner and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of the original Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace 7 W. 4. & for Counties and other Persons to take the Custody of such Docu- 1 Vict. c. 83. ments as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.

X. True Copies of the said Plans and Books of Reference, or Copies to be of any Alteration or Correction thereof, or Extract therefrom, Evidence. certified by any such Sheriff Clerk in Scotland, which Certifieate such Sheriff Clerk shall give to all Parties interested, when required, shall be received in all Courts of Justice or elsewhere as Evidence of the Contents thereof.

XI. In making the Railway it shall not be lawful for the Company to deviate from the Levels of the Railway, as referred to the common Datum Line described in the Section approved of by Parliament, and as marked on the same, to any Extent exceeding in any Place Five Feet, or, in passing through a Town, Village, Street, or Land continuously built upon, Two Feet, without the previous Consent in Writing of the Owners and Occupiers of the Land in which such Deviation is intended to be made; or in case any Street or public Highway shall be affected by such Deviation, then the same shall not be made without the Consent of the Trustees or Commissioners having the Control of such Street or public Highway, or, if there be no such Trustees or Commissioners, without the Consent of the Sheriff, or without the Consent of the Trustees or Commissioners for any public Sewers, or the Proprietors of any Canal, Navigation, Gas Works, or Water-works affected by such Deviation: Provided always, that it shall be lawful for the Company to deviate from the said Levels to a further Extent without such Consent as aforesaid, by lowering solid Embankments or Viaducts, provided that the requi8 & 9 VICT.

A a

site

Limiting De

viation from Datum Line

described on Sections, &c.

Construction of site Height of Headway as prescribed by Act of Parliament be left Railway. for Roads, Streets, or Canals passing under the same: Provided also, that Notice of every Application to the Sheriff for the Purpose of considering the Matter shall, Fourteen Days previous to such Application, be given in some Newspaper circulating in the County, and also be affixed upon the Door of the Parish Church in which such Deviation or Alteration is intended to be made, or, if there be no Church, some other Place to which Notices are a usually affixed.

Previous Notice

of such Deviation to be given.

Arches,

Tunnels, &c.

to be made as marked on deposited Plans.

Limiting De-
viations from
Gradients,
Curves, &c.

XII. Before it shall be lawful for the Company to make any greater Deviation from the Level than Five Feet, or, in any Town, Village, Street, or Land continuously built upon, Two Feet, after having obtained such Consent as aforesaid, it shall be incumbent on the Company to give Notice of such intended Deviation by public Advertisement, inserted Once at least in Two Newspapers, or Twice at least in One Newspaper, circulating in the District or Neighbourhood where such Deviation is intended to be made, Three Weeks at least before commencing to make such Deviation; and it shall be lawful for the Owner of any Lands prejudicially affected thereby, at any Time before the Commence ment of the making of such Deviation, to apply to the Board Trade, after giving Ten Days Notice to the Company, to decide whether, having regard to the Interests of such Applicant, such proposed Deviation is proper to be made; and it shall be lawful for the Board of Trade, if they think fit, to decide such Question accordingly, and by their Certificate in Writing either to disallow the making of such Deviation, or to authorize the making thereof, either simply or with any such Modification as shall seem proper to the Board of Trade; and after any such Certificate shall have been given by the Board of Trade it shall not be lawful for the Company to make such Deviation, except in conformity with such Certificate.

XIII. Where in any Place it is intended to carry the Railway on an Arch or Arches or other Viaduct, as marked on the said Plan or Section, the same shall be made accordingly; and where a Tunnel is marked on the said Plan or Section as intended to be made at any Place, the same shall be made accordingly, unless the Owners, Lessees, and Occupiers of the Land in which such Tunnel is intended to be made shall consent that the same shall not be so made.

XIV. It shall not be lawful for the Company to deviate from or alter the Gradients, Curves, Tunnels, or other engineering Works described in the said Plan or Section, except within the following Limits, and under the following Conditions; (that is to say,)

Subject to the above Provisions in regard to altering Levels, it shall be lawful for the Company to diminish the Inclination or Gradients of the Railway to any Extent, and to increase the said Inclination or Gradients as follows; (that is to say,) in Gradients of an Inclination not exceeding One in a Hundred, to any Extent not exceeding Ten Feet per Mile, or to any further Extent which shall be certified by the Board of Trade to be consistent with the public Safety, and not prejudicial to the public Interest; and in Gradients exceeding