Edinburgh and Glasgow Railway Act 1844

Publication Date:January 01, 1844
Edinburgh and Glasgow Railway Act 1844

(7 & 8 Vict.) c. lviii

An Act to authorize an Extension of the Edinburgh and Glasgow Railway; and to amend and enlarge the Provisions of the Acts relating to such Railway

[4th July 1844]

ANN0 SEPTTWIO & OCTAVO VICTOR133 REGINB. Cap. lviii. An Act to authorize an Extension of the Ediiibuyh a12dGZasqow Railway; and to amend and enlarge the Privisions of the Acts relating to such Rail way. [4th Jzdy 1844.1 HEREAS an Act was passed in the First and Second Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for making a Railwayfiorn Edinburgh to Glasgow, to be called the Edinburgh and Glasgow Railway, with a Branch to Falkirk: And whereas another Act was passed in the Third and Fourth Years of the Reign of Her said Majesty, intituled An Act to amend the Act relating to the Edinburgh and Glasgow Railway : And whereas another Act was passed in the Fifth and Sixth Years of the Reign of Her said Majesty, intituled An Act to ainend the Acts relating to the Edinburgh and Glasgow Railway, and to grant further Powers to the Contpany of Proprietors thereof: And whereas the Main Line of the said Railway has been completed and opened to the Public, and it would be attended with public Advantage and Convenience if the said Line were extended from its present Termination near the Haymarket in the City of Edinburgh to the North Bridge in the said City: And whereas it is expedient, as well for that Purpose as for other Objects of the Undertaking, that the said Company sfdd be empowered to raise 24 B a further 1 S. 2 Vict. c. -58. 3 & 4 Vict. c. 108. 5 & 6 Vict. c. 12. 2122 7" & 8" VICTORIE, Cup. lviii. a further Sum of Money, and that some of the Powers and Provisions contained in the said recited Acts should be altered, amended, and enlarged: May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parliament assembled, and by the Authority of the same, That all the Powers, Provisions, Matters, and Things contained in the said recited Acts or either of them, with regard to the Formation and Use of the said Railway, and the demanding, levying, and recovering of Tolls thereon, and the Acqui- sition and Use of Lands for the Purposes thereof, and all other the Powers, Provisions, Matters, and Things contained in the said recited Acts or either of them, (except such of them and such Parts thereof` respectively as have been or are by this Act expressly rcpealed, altered, or otherwise provided for,) shall extend to the Formation, Use, and Protection of the Railway and Works hereby authorized to be made, and the demanding, levying, and recovering of Tolls in respect thereof, and the Acquisition and Use of Lands for the Pur- poses of such Railway and Works, and generally shall operate and be in force with respect to the several Purposes and `lhings hereby authorized to be done, as fullv and effectually as if the said Pro- visions, Matters, and Things \;ere repeated and re-enacted in this Act. Extending Powersof former Acts to this Act. Company 11. And be it enacted, That, subject to the Provisions and Re- empowered strictions in this Act contained, it shall be lawful for the said Coni- pany and they are hereby empowered to extend thc Line of the to make the llailway ac- cording to said Railway, and to make and maintain such extended Line of deposited Railway, with all proper DepGts, Warehouses, Works, Approaches, Plan. and Conveniences connected therewith, from the present Terminus of the said Railway at the Hqymarket in the City of Edinburg-Ji through the following Parishes ; viz., Saint Cuthbert's, Saint George's, Tolbooth, Canongate, High Church, Saint Andrew's, Trinify College, and Lady Glenoi.cli,y's Church Parish, or some of them, to and to terminate at or near the North Bridge in the said City, upon, across, under, or over the Lands delineated and described on the Plan and in the Book of Reference herein-after mentioned, and for that Purpose to enter upon, take, purchase, and use such of the Lands so delineated and described as shall be necessary for making and constructing the said Railway and other \\"arks and Conveniences. Hepealing 111. And whereas an Act was passed in the Fifty-sixth Year of the Reign of His late Majesty King George tlie Third, intituled du Prohibitions in 56 G. 3. c.41., Act to enable the Lord Provost, Magistrates, and Council of tlie City 7 8r 8 G. 4. of Edinburgh to carry into efect certain Purposes in regard to the c. 76., Erection q* a Clinpel at the West End of Princes Street, nnd fb~ efecting certnin Iniprovuznzents in the Neighbourhood thereoJ and 1 8i 2 w. 4. c. 45, 3~r4w.4. in other Parts of the extended Royalty of the said Ci(y : And c. lo& and whereas another Act was passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled c. 15., as to the Erection An Act for carrying into efect cehin Improvements witliin tlie of Buildings City of Edinburgh and a4acent to the same : And whereas another near Princes Act was passed in the First and Second Years of the Rcign of His Street. late 7" & So VICTORIB, Cup. lviii. 21 23 late Majesty King WiZliam the Fourth, intituled An Act to alter and crrnend an Act passed in the Seventh and Eighth Yetrrs of tlie ReigiL of His late Majesty, intituled ' An Act .for carrying into efect certain 4 Improvements witAin the City of Edinburgh and adjacent to tlie ' same :' And whereas another Act was passed in the Third and Foiirth Years of the Reign of His said Majesty King William the Fourth, intituled An Act to e..cpliin and amend an Act passed in the First and Second Years of the Reign of His present Majesty, intituled An Act to crlter and amend an Act passed in the Seventh ' and Eighth Years of the Reign of His late Il.ljesty, intituled (( A?L ' (' Act .for carnjng into eject 'certain Improvements within the ' " City of Edinburgh and adjacent to the same :"' ,4nd whereas another Act was passed in the Fourth Year of the Reign of Her present Majesty Queen Victoricr, intituled An Act for the Erection at Edinburgh of cc Monument to the late Sir Wilter Scott: And whereas the said recited Acts or some of thein contain Enactments restricting, except as therein mentioned, the Erection or Formation of any' Buildings or Roads on certain of the Lands opposite or near to Princes Street in the City of Edinburgh, which are required for the Purposes of the Works and Conveniences herein-before referred to j and it is expedient that such Enactments, so far as the same would restrict or impede the Formation and Erection of such Works and Conveniences, should be repealed ; be it therefore enacted, That for the Purposes of this Act, but no further, so midi and such Parts of the said recited Acts, or any or either ofthem, as moult1 in any Manner have the Effect of restricting or impeding the E'orm- atioii and Erection of any Works, Buildings, or Conveniences by this Act authorized, shall be and the same are accordingly hereby repealed. IV. And whereas for the Purposes of the said Works and Con- Ponw 10 &- veniences by this Act authorized it will be necessary to divert or stop vert Street** LIP certain Streets or Carriageways in tlie Parishes of Suint Andrew and High Cl~urch marked on the Plan and Section deposited as herein-after mentioned as intended to be diverted or stopped up, antl to appropriate the Sites of the said Streets or of Parts thereof to tlie Purposes of such Works and Conveniences ; be it therefore enacted, That it shall be lawful for the said Company to divert the Streets or Carriageways shown on the said Plan as intended to be diverted, or either of them, and to shut up and appropriate the Site of the Street or Carriageway leading from Canul Street to Market Street, sliown on the said Plan as intended to be shut up : Provided always, that the said Company shall and they are hereby required to make a new Road or Carriageway upon and over the Lands shown or described on the said Plan which by this Act the said Company are authorized to purchase in lieu of whichever of the said Streets or Carriageways they may so divert, and at an Inclination not steeper than the Inclination of such new Road or Carriageway as shown on the Section thereof deposited with the said Plan, and may appropriate the Soil or Site of so inL1ch of such Roads or Carriageways as may be SO diverted for the Purposes of the Works hereby authorized, antl after the Completion of any such new Road or Carriageway the Soil of SO much of' the Street or Carriageway fur which such new Road shal I 2124 7" & 8" VICTORIIE, Cap. lviii. shall be substituted shall from thenceforth be and become the Pro- perty of the said Company, and neither the same, nor the said Street or Carriageway herein-before authorized to be stopped up, shall be subject to the Provisions of any of the Acts herein-before recited relating to the Improvement of the City of Edinbuygh, or to any other Statutes now in force or hereafter to be made, which are or would be applicable to any Streets or public Highways within the said City, or to the Provisions of any Act now in force under wliicli the said Edinburgh, Leith, nnd Newhaven Railway Company, or any other Company or Corporation, or any public Commissioners or other Persons, have or claim to have any Power or Control over the said Streets or any Parts thereof. 1 kpositcd V. And whereas a Plan and Section of the said intended Ex- 1'1,111 ancl tension, showing the Line and Levels thereof, and the Line or ['"I' Of I:'- Situation of the Roads and Approaches, and the Lands on which , opei, for In- the Works or some of the Works to be connected therewith, or hpcctior. formed by the Company, will be made, and also a Book of Reference containing the Names of the reputed Owners, Lessees, and Occa. piers of the Lands through which the...

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