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PUBLIC GENERAL ACTS
Railways in Scotland :
THE COMPANIES, LANDS, AND RAILWAYS CLAUSES
CONSOLIDATION (SCOTLAND) ACTS.
WITH GENERAL INDEX.
PREF A CE.
This Collection of Scottish Railway Acts was first published in the year 1845, and has since passed through several editions. The volume now published contains the Public Statutes for the Regulation of Railways in Scotland, in force at the close of 24 and 25 Vict., Sess. 1861.
In this Edition three statutes have been omitted--viz., the 9 and 10 Vict. c. 28,“ to facilitate the Dissolution of certain Railway Companies,” the operation of which Act was limited to Projected Railway Companies, in respect of which an Act had not been obtained before the 3rd July, 1846 : the 9 & 10 Vict. c. 105, “ for constituting Commissioners of Railways,” which act was repealed by the 14 & 15 Vict. c. 64, s. 1: and the 11 & 12 Vict. c. 3, “ to give further time for making certain Railways," which Act empowered the Commissioners of Railways, upon an application made before the 20th February, 1848, to extend for two years the time limited by Special Acts for the Compulsory Purchase of Lands and the Completion of Works.
With respect to the 13 & 14 Vict. c. 83, “ to Facilitate the Abandonment of Railways, and the Dissolution of Railway Companies in certain cases,” it is stated in the Register of Public Acts, prepared for the late Statute Law Commission, that “this act must, it seems, from its nature be temporary; but when it can be said to have ceased to operate appears doubtful.” This act has been carefully examined to ascertain whether it could be safely omitted, but the editor of this volume is of opinion that under its provisions (as amended by the 14 & 15 Vict. c. 64, s. 1) it is com
petent for a railway company incorporated previously to the 14th August, 1850, to apply “at any time” to the Board of Trade to be allowed to abandon their railway, “or some part thereof;" and if it were admitted that the exercise hereafter of the powers of this Act with respect to the whole of any railway is improbable, it is yet possible that circumstances may arise which may lead to their being used for the purpose of abandoning a branch line ; at all events it is submitted that while the power to apply to the Board of Trade exists, this act must be considered as still in force.
This Edition contains several Statutes and parts of Statutes which have not appeared in any previous volume. The object of the Editor has been to render this work a complete collection of the Existing Enactments relating to Railways in Scotland ; and in order to facilitate ready reference to their Provisions, the Index has been recompiled, and greatly extended.
Information respecting Repeals or Amendments made subse. quently to the publication of this Volume, may at any future period be readily obtained by applying to the Editor in the manner specified in the Prospectus of the “Register of Amendments to Public Statutes," a copy of which is inserted at the end of the Volume.
[The letters UK; GB; and S, denote as follows-UK. that the Act applies to
England, Scotland, and Ireland ; GB. that it applies only to England and Scot-