and under the like penalty for default, as is provided in the case of certain 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 for Counties, and other Persons, to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. [7 Wm. IV. and 1 Vict. c. 83.] CXLIII. Penalty on Company failing to keep and deposit Act.-If the company shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special act, they shall forfeit £20 for every such offence, and also £5 for every day afterwards during which such copy shall be not so kept or deposited.

CXLIV. Act may be amended this Session.-And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament.

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

SCHEDULE (A.)

Form of Conveyance.

of

I

sum of

Bank (or to A. B. of

in consideration of the paid to me [or, as the case may be, into the and C. D. of

two trustees appointed to receive the same)], pursuant to an act passed, &c., intituled, &c., by the [here name the Company], incorporated by the said act, do hereby sell, alienate, dispone, convey, assign, and make over from me, my heirs and successors, to the said Company, their successors and assignees, for ever, according to the true intent and meaning of the said act, all [describing the premises to be conveyed], together with all rights and pertinents thereto belonging, and all such right, title, and interest in and to the same as I and my foresaids are or shall become possessed of, or are by the said act empowered to convey. [Here insert the conditions (if any) of the conveyance, and a registration clause for preservation and diligence, and a testing clause, according to the form of the law of Scotland.]

I

SCHEDULE (B.)

Form of Conveyance in Consideration of Feu-duty or Rent-charge.

of

in consideration of the feuduty or rent to be paid to me, my heirs and assigns, as hereinafter mentioned, by the [here name the company], established and incorporated by virtue of an act passed, &c., intituled, &c. do hereby dispone, convey, and make over from me, my heirs and successors, to the said company, their successors and assignees, for ever, according to the true intent and meaning of the said act, all [describing the premises to be conveyed], together with all rights and pertinents thereunto belonging, and all my right, title, and interest in and to the same and every part thereof, they the said company, their successors and assignees, yielding and paying unto me, my heirs and assignees, one clear annual feu duty or rent of

by equal half-yearly portions henceforth on the [stating the days. Here insert conditions of the conveyance (if any), and insert a registration clause for preservation and diligence, and a testing clause, according to the form of the law of Scotland.]

SCHEDULE (C.)

Form of Conviction before

to wit.

Be it remembered, That on the

day of

in the year of

our Lord A. B. is convicted before me C., the sheriff, or before us D., E., two of Her Majesty's justices of the peace for the county of [here describe the offence generally, and the time and place when and where committed], contrary to the [here name the special act]. Given under my hand [or under our hands], the day and year first above written.

C.

D.
E.

III. RAILWAYS' CLAUSES CONSOLIDATION ACT, 8 & 9 VICT. c. 33. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways in Scotland. July 21, 1845. WHEREAS it is expedient to comprise in one general act sundry provisions usually introduced into Acts of Parliament authorizing the construction of railways in Scotland, and 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 Consolidation (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 Com mons, in this present Parliament assembled, and by the authority of the samne,

Operation of the Act confined to future Railways.-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.

Interpretations in this Act.-And with respect to the construction of this act, and other acts to be incorporated therewith, be it enacted as follows:

11. Special Act.-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 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.

III. Interpretations in this and the special Act.-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,)

Number.-Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number: Gender.-Words importing the masculine gender only shall include females: Lands. The word "lands" shall include lands, houses, tenements, and heritages of any tenure:

Lease. The word "lease" shall include a missive or an agreement for a lease: Toll.-The word toll" shall include any rate or charge or other payment payable under the special act, for any passenger, animal, carriage, goods, merchandise, articles, matters, or things conveyed on the railway:

Month. The word "month" shall mean calendar month:

Lord Ordinary.-The "Lord Ordinary" shall mean the Lord Ordinary of the Court of Session in Scotland officiating on the bills in time of vacation, or the junior Lord Ordinary, if in time of session, as the case may be:

Oath. The word "oath" shall include affirmation in the case of Quakers, or other declaration or solemnity lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath :

County. The word "county shall include any ward or other like division of a County:

Sheriff. The word "sheriff" shall include the sheriff substitute:

Justice.-The word "justice "shall mean justice of the peace acting 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 to mean two or more justices assembled and acting together: Owner. Where, under the provisions of this or the special act, any 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 Bank.-The expression the bank" shall mean any one of the incorporated or chartered banks in Scotland.

The Company. The expression "the company" shall mean the company or party which shall be authorized by the special act to construct the railway:

The Railway.-The expression "the railway" shall mean the railway and works by the special act authorized to be constructed:

Board of Trade.-The expression "the Board of Trade shall mean the Lords of

the Committee of her Majesty's Privy Council appointed for trade and foreign plantations.

IV. Short Title of the Act.-And be it enacted, that in citing this act in other acts of parliament and in legal instruments it shall be sufficient to use the expression "The Railways' Clauses Consolidation (Scotland) Act, 1845."

V. Form in which Portions of this Act may be incorporated in other Acts.-And whereas it may be convenient in some cases to incorporate with acts hereafter to be passed some portion only of the provisions of this act; be it therefore enacted, that for the purpose of making any such incorporation it shall 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. CONSTRUCTION OF RAILWAY.

And with respect to the construction of the railway and the works connected therewith, be it enacted as follows:

VI. The Construction of the Railway to be subject to the Provisions of this Act and he Lands' Clauses Consolidation (Scotland) Act.-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. Errors and Omissions in Plans to be corrected.-If any omission, misstatement, 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, misstatement. or erroneous description arose from mistake, he shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, and in what respect any such matter shall have been misstated 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 reference, 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. Works not to be proceeded with until Plans of all Alterations authorized by Parliament have been deposited.-It shall not be lawful for the company to proceed in the execution of the railway unless they shall have previously to the commencement of such work deposited in the office of the principal sheriff clerk in every county in or through which the railway 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.

IX. Sheriff Clerks, &c. to receive Plans of Alterations, and allow Inspection.-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 for Counties and other persons to take the Custody of such

Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. [7 Wm. IV. & 1 Vict. c. 83.]

X. Copies to be Evidence.-True copies of the said plans and books of reference, or of any alteration or correction thereof, or extract therefrom, certified by any such sheriff clerk in Scotland, which certificate 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. Limiting Deviation from Datum Line described on Sections, &c.-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 requisite height of headway as prescribed by act of parliament be left 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 usually affixed.

XII. Previous Notice of such Deviation to be given.-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 commencement of the making of such deviation, to apply to the Board of 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. Arches, Tunnels, &c. to be made as marked on deposited Plans.-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. Limiting Deviations from Gradients, Curves, &c.-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 the inclination of one in a hundred, to any extent not exceeding three feet per mile, or to any further extent which shall be so certified by the Board of Trade as aforesaid:

It shall be lawful for the company to diminish the radius of any curve described in the said plan to any extent which shall leave a radius of not less than half a mile, or to any further extent authorized by such certificate as aforesaid from the Board of Trade:

It shall be lawful for the company to make a tunnel, not marked on the said plan or section, instead of a cutting, or a viaduct instead of a solid embankment, if authorized by such certificate as aforesaid from the Board of Trade:

XV. Lateral Deviations.-It shall be lawful for the company to deviate from the line delineated on the plans so deposited, provided that no such deviation shall extend to a greater distance than the limits of deviation delineated upon the said plans, nor to

a greater extent in passing through a town than ten yards, or elsewhere to a greater extent than one hundred yards from the said line, and that the railway by means of such deviation be not made to extend into the lands of any person, whether owner, lessee, or occupier, whose name is not mentioned in the books of reference, without the previous consent in writing of such person, unless the name of such person shall have been omitted by mistake, and the fact that such omission proceeded from mistake shall have been certified in manner herein or in the special act provided for in cases of unintentional errors in the said book of reference.

XVI. Works to be executed.-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, hereinafter mentioned, to execute any of the following works; (that is to say,) Inclined Planes, &c.-They may make or construct, in, upon, across, under, or over any lands, or any streets, 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;

Alteration of Course of Rivers, &c.-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, roads, streets, or ways, or raise or sink the level of any such rivers or streams, roads, streets, or ways, in order the more conveniently to carry the same over or under or by the side of the railway, as they may think proper;

Drains, &c.-They may make drains or conduits into, through, or under any lands adjoining the railway, for the purpose of conveying water from or to the railway; Warehouses, &c.-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;

Alterations and Repairs.-They may from time to time alter, repair, or discontinue the beforementioned works or any of them, and substitute others in their stead; and

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

Proviso as to Damages.-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.

XVII. 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.-It shall not be lawful for the company to construct on the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith, where and so far up the same as the tide flows and reflows, any work, or to construct any railway or bridge across any creek, bay, arm of the sea, or navigable river, where and so far up the same as the tide flows and reflows, without the previous consent of her Majesty, her heirs and successors, to be signified in writing under the hands of two of the commissioners of her Majesty's woods, forests, land revenues, works, and buildings, and of the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the commissioners for executing the office of the Lord High Admiral aforesaid for the time being, to be signified in writing under the hand of the secretary of the Admiralty, and then only according to such plan and under such restrictions and regulations as the said commissioners of her Majesty's woods, forests, land revenues, works, and buildings, and the said Lord High Admiral, or the said commissioners may approve of, such approval being signified as last aforesaid; and where any such work, railway, or bridge shall have been constructed it shall not be lawful for the company at any time to alter or extend the same without obtaining, previously to making any such alteration or extension, the like consents or approvals; and if any such work, railway, or bridge shall be commenced or completed contrary to the provisions of this act, it shall be lawful for the said commissioners of her Majesty's woods, forests, land revenues, works, and buildings, or the said Lord High Admiral, or the said commissioners for executing the office of Lord High Admiral, to abate and remove the same, and to restore the site thereof to its former condition, at the costs and charge of the company; and the amount thereof may be recovered in the same manner as a penalty is recoverable against the company. XVIII. Alleration of Water and Gas Pipes, &c.-It shall be lawful for the company, for the purpose of constructing the railway, to raise, sink, or otherwise alter the position of any of the watercourses, water pipes, or gas pipes belonging to any of the houses adjoining or near to the railway, and also the mains and other pipes laid down by any company or society, who may furnish the inhabitants of such houses or places with