Railways Clauses Consolidation (Scotland) Act 1845
| Jurisdiction | UK Non-devolved |
| Citation | 1845 c. 33 |
| Year | 1845 |
(8 & 9 Vict.) C A P. XXXIII.
[21st July 1845]
'WHEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Parliament authorizing the Construction of Railways inScotland , 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 Commons, in this present Parliament assembled, and by the Authorityof the same, That the Provisions of this Act shall apply to every Railway inScotland 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.
II ‘special Act:’
And with respect to the Construction of this Act, and other Acts to be incorporated therewith, be it enacted as follows:
II. 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:
III. 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,)
Words importing the Singular Number only shall include the Plural Number, and Words importing the Plural Number only shall include also the Singular Number:
Words importing the Masculine Gender only shall include Females:
The Word ‘Lands’ shall include Lands, Houses, Tenements, and Heritages of any Tenure:
The Word ‘Lease’ shall include a Missive or an Agreement for a Lease:
The Word ‘Toll’ shall include any Rate or Charge or other Payment payable under the special Act, for any Passenger, Animal, Carriage, Goods, Merchandize, Articles, Matters, or Things conveyed on the Railway:
The Word ‘Month’ shall mean Calendar Month:
The ‘Lord Ordinary’ shall mean the Lord Ordinary of the Court of Session inScotland officiating on the Bills in Time of Vacation, or the junior Lord Ordinary if in Time of Session, as the Case may be:
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:
The Word ‘County’ shall include any Ward or other like Division of a County:
The Word ‘Sheriff’ shall include the Sheriff Substitute:
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:
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 Expression ‘the Bank’ shall mean any one of the incorporated or chartered Banks inScotland:
The Expression ‘the Company’ shall mean the Company or Party which shall be authorized by the special Act to construct the Railway:
The Expression ‘the Railway’ shall mean the Railway and Works by the special Act authorized to be constructed:
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.
IV. 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 ‘TheRailways Clauses Consolidation (Scotland )Act, 1845.’
V Form in which Portions of this Act may beincorporated in other Acts.
V. '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.
VI The Construction of the Railway to be subject to theProvisions of this Act and the Lands Clauses Consolidation \(Scotland) Act.
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.
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