THE PUBLIC HEALTH (SCOTLAND) ACT, 1897.- AN ACT TO CONSOLIDATE AND AMEND THE LAWS RELATING TO THE 107. Protection for railways, canals, etc. -Where any sewer shall pass under or across, or in any way affect any railway or canal, or any bridge, tunnel, or other work in connection therewith, the following provisions for the protection of such railway or canal, or bridge, tunnel, or other work, shall apply and have effect : (1) The whole works connected with such sewer, so far as affecting any (3) In the event of the local authority and the engineer of the railway or such decision shall be final. 1897. APPENDIX I ACT OF SEDERUNT FOR REGULATING THE PROCEDURE IN 1888. EDINBURGH, 1st June 1889. The Lords of Council and Session, considering that, by the Act 51 & 52 Vict. c. 25, they are empowered to make Acts of Sederunt for regulating the procedure in appeals, authorised by said Act, from the Railway Commissioners to the Court of Session, Do hereby enact and declare that, on and after the fifteenth day of June current, the following rules shall take effect and be enforced with reference to such appeals. 1. In any case where an appeal to the Court of Session from any judgment, order, or finding of the Railway Commissioners is competent under the said Act, the same may be taken by lodging with the Registrar to the Railway Commissioners a Note of Appeal in the form, or as nearly as may be in the form, set forth in the Schedule appended hereto. 2. It shall not be competent to appeal against any judgment, order, or finding of the said commissioners unless the Note of Appeal is lodged with the Registrar, as above provided, in the case of a final judgment within fourteen days, and in the case of any interlocutory judgment, order, or finding, within four days from the date of the judgment, order, or finding appealed against. Provided always, that the Court may, on special cause shown, allow appeals notwithstanding they have not been taken within the respective periods above provided. A final judgment, in the sense of this rule, shall mean a judgment by the commissioners disposing of the whole question or questions raised for their determination in the proceedings in which such judgment is pronounced; and all other judgments, orders, or findings by the commissioners shall be regarded as interlocutory. 3. The party appealing shall, within two days of lodging his Note of Appeal, intimate that he has done so to all the other parties to the proceedings in which the appeal is taken, by sending to them a copy of his Note of Appeal by registered letter. 4. When any Note of Appeal has been lodged with the Registrar as before provided, he shall forthwith transmit the same, together with the whole pleadings and other proceedings before the commissioners, to the Principal Clerk of that Division of the Court to which the appeal has been taken, who shall subjoin to the appeal a note of the day on which it is received. 1888. 5. The respondent in any appeal, or any party to the proceedings in which the appeal is taken, may insist in the same to the effect of having the judgment, order, or finding appealed against, altered or modified, provided that, at least three days before the appeal is heard, he shall intimate by registered letter to all parties concerned or interested in such alteration or modification, that he intends to do so, and shall intimate at same time the alteration or modification for which he intends to move. 6. Within fourteen days after the appeal and proceedings have been received by the Principal Clerk of Session, as aforesaid, the appellant shall print and box to the Court the Note of Appeal, the judgment, order, or finding appealed against, and such other parts of the proceedings as may be necessary to be considered in disposing of the said appeal; and failing his doing so, the appeal shall be dismissed, unless the Court, or the Lord Ordinary on the Bills in time of Vacation, shall have within said fourteen days dispensed with such printing. The respondent or other party desirous of obtaining an alteration or modification of the judgment, order, or finding appealed against, as provided in Art. 5 hereof, shall, before the day on which the appeal is to be heard, lodge with the Principal Clerk, and print and box to the Court a copy of the intimation sent by him, in terms of Art. 5 hereof. And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be published in the usual manner. JOHN INGLIS, I.P.D. SCHEDULE. The A. B. Railway Co. (or C. D., merchant in Glasgow,) appeals against the judgment (or order, or finding) of the Railway Commissioners, dated the to the (Date) Division (specify First or Second) of the Court of Session. day of Or, When a part only of the judgment, order, or finding is appealed against, the form above given shall be used, adding the words: "In so far as the said judgment (order or finding) determines that" (specify the part of the judgment, etc., appealed against). II RAILWAY AND CANAL COMMISSION RULES (1889) AND SCHEDULE OF FORMS AND TABLE OF FEES. GENERAL RULES MADE BY THE COMMISSIONERS ESTABLISHED UNDER THE STATUTE 1 The Rules made by the Board of Trade under sec. 35 of the Act of 1888 with reference to the proceedings relating to the Revised Classification of Merchandise Traffic are printed in the Appendix to Ferguson's Railway Rights and Duties, p. 345. INTERPRETATION. 1. Interpretation of terms.-In the construction of these Rules and the forms herein referred to, words importing the singular number shall include the plural, and words importing the plural number shall include the singular number, and the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings hereinafter assigned to them; that is to say, "application" shall include complaint under The Railway and Canal Traffic Act, 1854, and The Railway and Canal Traffic Acts, 1873 and 1888; "applicant" shall include all persons or authorities authorised to make any application or complaint to the commissioners; "defendant" shall mean the persons or company against whom the application or complaint is made, or any persons or authorities who may appear in opposition to such application or complaint; "solicitor" shall include any person entitled under section 51 of The Railway and Canal Traffic Act, 1888, to practise as an attorney or agent in proceedings before the commissioners; and terms defined by The Railway and Canal Traffic Acts, 1873 and 1888, shall, unless there be something repugnant thereto in the context, have in these Rules the same meanings that are assigned to them by those Acts. APPLICATION OR COMPLAINT TO THE COMMISSIONERS. 2. Proceedings, how commenced, and form of application generally.-Every proceeding before the commissioners, except proceedings under section 14 of The Regulation of Railways Act, 1873, and sections 33 and 34 of The Railway and Canal Traffic Act, 1888, and applications under Rules 53 and 54 of these Rules, shall be commenced by an application made to them, which shall be in writing, or printed, and signed by the applicant or his solicitor, or in the case of a company or any of the authorities mentioned in section 7 of The Railway and Canal Traffic Act, 1888, being applicants, the application shall be signed by their chairman, manager, secretary, or solicitor. It shall contain a clear and concise statement of the facts, the grounds of application, and the relief or remedy to which the applicant claims to be entitled. It shall be divided into paragraphs numbered consecutively. It shall be indorsed with the name and address of the applicant, and if there be a solicitor acting for him in the matter, with the name and address of such solicitor, and if he be an agent for another solicitor in the matter, then also the name and address of such other 1889. |