Railways Clauses Consolidation (Scotland) Act 1845

8 & 9 Vict. c. 33 · Enacted 21 July 1845 · Extends to United Kingdom

Contents

1. 1Operation of the Act confined to future railways.
2. Interpretations in this Act
3. 2“special Act:” “prescribed:” “the lands:” “the undertaking.”
4. 3Interpretations in this and the special Act: Number: Gender: “Lands:” “Lease:” “Toll:” “Month:” “Lord ordinary:” “Sheriff:” “Justice:” “Two justices:” “Owner:” “the Bank:” “the company:” “the railway:”
5. 4Short title of the Act.
6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
7. Construction of railway
8. 6The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation (Scotland) Act.
9. 7Errors and omissions in plans to be corrected.
10. 8Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
11. 9Sheriff clerks, &c. to receive plans of alterations, and allow inspection.
12. 10Copies to be evidence.
13. 11Limiting deviation from datum line described on sections, &c.
14. 12Previous notice of such deviation to be given.
15. 13Arches, tunnels, &c. to be made as marked on deposited plans.
16. 14Limiting deviations from gradients, curves, &c.
17. 15Lateral deviations.
18. 16Works to be executed. Inclined planes, &c.Alteration of course of rivers, &cDrains, &c.Warehouses, &c.Alterations and repairs. General power. Proviso as to damages.
19. 17Works 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.
20. 18Alteration of water and gas pipes, &c.
21. 19Company not to disturb pipes until they have laid down others.
22. 20Pipes not to be laid contrary to Act of Parliament, and 18 inches surface road to be retained.
23. 21Company to make good all damage.
24. 22When railway crosses pipes, company to make a culvert.
25. 23Penalty for obstructing supply of gas or water.
26. 24Penalty for obstructing construction of railway.
27. Temporary use of lands
28. 25Company may occupy temporarily private roads within five hundred yards of the railway.
29. 26Power to owners and occupiers of road and land to object that other roads should be taken.
30. 27Power to take temporary possession of land without previous payment of price.
31. 28Company to give notice previous to such temporary possession.
32. 29Service of notices on owners and occupiers of lands.
33. 30Power to owner to object that other lands ought to be taken.
34. 31Power to the sheriff to summon other owners before him.
35. 32The company to give sureties, if required.
36. 33Company to separate the lands before using them.
37. 34Some quarries, &c. to be worked as surveyor of owner shall direct.
38. 35Owners of lands may compel company to purchase lands so temporarily occupied.
39. 36Compensation to be made for temporary occupation.
40. 37Compensation to be ascertained under the Lands Clauses Acts.
41. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
42. Crossing of roads, and construction of bridges
43. 39Crossing of roads.
44. 40Provision in cases where roads are crossed on a level.
45. 41As to crossing of turnpike roads adjoining stations.
46. 42Construction of bridges over roads.
47. 43Construction of bridges over railway.
48. 44The width of the bridges need not exceed the width of road in certain cases.
49. 45Existing inclinations of roads crossed or diverted need not be improved.
50. 46Before roads interefered with, others to be substituted.
51. 47Penalty for not substituting a road.
52. 48Party suffering damage from interruption of road to recover in an action on the case.
53. 49Period for restoration of roads interfered with.
54. 50Penalty for failing to restore road.
55. 51Company to repair roads used by them.
56. 52Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
57. 53Proceedings on application to sheriff or justices to consent to level crossings of bridleways and footways.
58. 54Sheriff or justices to have power to order approaches and fences to be made to highways crossing on the level.
59. Screens for roads
60. 55Screen for turnpike road to be made, if required by the Board of Trade.
61. 56Penalty for failing to construct.
62. Construction or reparation of bridges
63. 57Sheriff or justices to have power to order repair of bridges, &c.
64. 58Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act impossible or inconvenient.
65. 59Authentication of certificates of the Board of Trade, service of notices, &c.
66. Works for accommodation and protection of lands
67. 60Works to be erected for the accommodation of adjoining lands.
68. 61Differences as to accommodation works to be settled by sheriff or justices.
69. 62Execution of works by owners on default by the company.
70. 63Power to owners of land to make additional accommodation works.
71. 64Works to be constructed under the superintendence of the company’s engineer.
72. 65Accommodation works not to be required after five years.
73. 66Owners to be allowed to cross until accommodation works made.
74. 67Materials, &c. to vest in company for purposes of prosecution.
75. 68Penalty on persons omitting to fasten gates.
76. 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
77. Working of mines
78. 70Promoters of the undertaking not to be entitled to minerals.
79. 71Mines lying near the railway not to be worked if the company willing to purchase them.
80. 71ACompensation for leaving minerals unworked.
81. 72If company unwilling to purchase, owner may work the mines.
82. 72ALiability in respect of authorised workings.
83. 72BNotices and accounts with respect to damage.
84. 73Mining communications.
85. 74Company to make compensation for injury done to mines;
86. 75and also for any airway or other work made necessary by the railway.
87. 76Power to the company to enter and inspect the working of mines.
88. 77Penalty for refusal to allow inspection.
89. 78If mines improperly worked, supports to be made.
90. 78APower to vary rights by agreement.
91. 78BSavings.
92. 78CInterpretation.
93. 78DExemption from liability to leave support otherwise than under Act or agreement.
94. Working of mines [Editorial Note: ss. 70-78 as originally enacted follow]
95. 70Promoters not to be entitled to minerals.
96. 71Mines lying near the railway not to be worked if the company willing to purchase them.
97. 72If company unwilling to purchase, owner may work the mines.
98. 73Mining communications.
99. 74Company to make compensation for injury done to mines;
100. 75and also for any airway or other work made necessary by the railway.
101. 76Power to company to enter and inspect the working of mines.
102. 77Penalty for refusal to allow inspection.
103. 78If mines improperly worked, supports to be made.
104. Passengers and goods on railway
105. 79Company to employ locomotive power, carriages, &c
106. 80Company empowered to contract with other companies.
107. 81Contract not to affect persons not parties to it.
108. 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
109. 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
110. 84—86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
111. Collection of tolls
112. 87Milestones.
113. 88†Tolls to be taken only whilst board exhibited and milestones set up.
114. 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
115. 90In default of payment of tolls, goods, &c. may be detained and sold.
116. 91—95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
117. 96Penalty on passengers practising frauds on the company.
118. 97Detention of offenders.
119. 98Penalty for bringing dangerous goods on railway.
120. 99, 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
121. Bye Laws.
122. 101—104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
123. Leasing of railway
124. 105Exercise of power to lease the railway.
125. 106Powers vested in company to be exercised by lessees.
126. Carriages and engines
127. 107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
128. 108Engines to be approved by the company, and certificate of approval given. Unfit engines to be removed.
129. 109Penalties on persons using improper engines.
130. 110Carriages to be constructed according to company’s regulations.
131. 111Regulations to apply also to company’s carriages.
132. 112Penalty for using improper carriages.
133. 113Owner’s name, &c. to be registered, and exhibited on carriages.
134. 114On non-compliance carriage may be removed.
135. 115Carriages improperly loaded, or suffered to obstruct the way, may be unloaded or removed.
136. 116Company not to be liable for damage by unloading, &c.
137. 117Owners liable for damage by servants.
138. 118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
139. Arbitration
140. 119—129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
141. 130Service of notices upon company.
142. 131Tender of amends. Repealed
143. Recovery of damages and penalties
144. 132Provision for damages not otherwise provided for.
145. 133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
146. 134Method of proceeding before the sheriff or justices in questions of damages.
147. 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
148. 136Penalty for defacing boards used for such publication.
149. 137Penalties to be summarily recovered before the sheriff or two justices.
150. 138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
151. 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
152. 140, 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
153. 142Application of penalties.
154. 143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
155. 144Damage to be made good in addition to penalty. Repealed
156. 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
157. 146Transient offenders.
158. 147Proceedings by sheriff need not be in writing.
159. 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
160. 149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
161. Appeal
162. 150Power of appeal to sheriff.
163. 151, 152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
164. Special Act
165. 153Copies of special Act to be kept and deposited, and allowed to be inspected.
166. 154Penalty on company failing to keep or deposit Act.
167. 155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
168. Schedule FIRSTPercentage of Contribution
169. Schedule SECOND: Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings
170. 1Paragraph 1
171. 2Paragraph 2
172. Schedule THIRD: Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company
173. 1Paragraph 1
174. 2Paragraph 2
175. 3Paragraph 3