THE RAILWAYS CLAUSES CONSOLIDATION 8 & 9 VICT. c. 33. 8 & 9 Vict. c. 33. An Act for consolidating in one Act certain provisions usually inserted in Acts authorising the making of railways in Scotland. [21st July 1845.] Whereas it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament authorising 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 authorising 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 Commons, in this present Parliament assembled, and by the authority of the same, that c. 33, of the Act confined to future rail ways. the provisions of this Act shall apply to every rail- 8 & 9 Vict. In annotating this Act the same plan has been followed as in the L. C. C. (Scotland) Act, 1845 [see note, ante, p. 526], references being given to the corresponding sections of the R. C. C. Act, 1845, ante, pp. 266-323. AND WITH RESPECT TO THE CONSTRUCTION OF THIS II. This section is verbatim the same as sec. 2 of the III. The definitions contained in this section are the Interpreta tions in this Act. IV. And be it enacted, That in citing this Act in s. 4. other Acts of Parliament, and in legal instruments, Short title it shall be sufficient to use the expression "The of the Act. Railways Clauses Consolidation (Scotland) Act, 1845." V. This section follows verbatim sec. 5 of the L. C. C. 8 & 9 Vict. c. 33. Construc tion of railway. s. 6. The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation (Scotland) Act. s. 7. Errors and omissions in plans to be corrected. 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. See the notes to sec. 6 of the R. C. C. Act, 1845, ante, p. 270; and compare Fleming v. Newport Ry. Co., 8 App. Cas. 265. VII. 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 men c. 33, s. 7. tioned in the special Act, or in the schedule to the 8 & 9 Vict. 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. 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 rail- alterations way is intended to pass a plan and section of all by Parlia such alterations from the original plan and section been deas shall have been approved of by Parliament, on the posited. 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 s. 8. Works not to be pro ceeded with until plans of all authorised ment have 8 & 9 Vict. s. 9. Sheriff clerks, &c. to receive plans of alterations, and allow inspection. 7 W. 4, & 1 Vict. c. 83. s. 10. Copies to be evidence. s. 11. Limiting deviation from datum line described on sections, &c. town clerk,) in or through which such alterations shall have been authorised to be made copies or extracts of or from such plans and sections as shall relate to such parishes respectively. 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 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. X. 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. 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 |