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Section 39 Crossing of roads.C1

If the line of the railway cross F1the carriageway of any public road, then, except where otherwise provided by the special Act, either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge, of the height and width and with the ascent or descent by this or the special Act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expence of the company: Provided always, that, with the consent of the sheriff or two or more justices, as after mentioned, it shall be lawful for the company to carry the railway across any F2road, other than F3the carriageway of any public road, on the level.

Annotations

Textual amendments

F1

Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 3(6)(a)

F2

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 3(6)(b)(i)

F3

Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 3(6)(b)(ii)

Modifications

C1

S. 39 modified by Transport Act 1968 (c. 73), s. 117(6)