1896.

The book of reference shall also contain the name of the road authority of any road or street along which it is proposed to lay any part of the railway.

14. Scale of sections.-The section shall be drawn to the same horizontal scale as the plan, and to a vertical scale of not less than one inch to every one hundred feet, and shall show the surface of the ground marked on the plan, the intended level of the proposed railway, the height of every embankment and the depth of every cutting, and a datum horizontal line, which shall be the same throughout the whole length of the railway or any branch thereof respectively, and shall be referred to some fixed point (stated in writing on the section), near one of the termini of the railway.

In every section the line of the railway marked thereon shall correspond with the upper surface of the rails.

15. Vertical measures to be marked at change of gradient.-Distances on the datum line shall be marked in miles and furlongs, to correspond with those on the plan; a vertical measure from the datum line to the line of the railway shall be marked in feet and inches, or decimal parts of a foot, at the commencement and termination of the railway, and at each change of the gradient or inclination thereof; and the proportion or rate of inclination between every two consecutive vertical measures shall also be marked.

16. Height of railway over or depth under surface of roads, etc., to be marked. Wherever the line of the railway is intended to cross any public carriage road, navigable river, canal, or railway, the height of the railway over or depth under the surface thereof, and the height and span of every arch of all bridges and viaducts by which the railway will be carried over the same, shall be marked in figures at every crossing thereof, and where the railway will be carried across any such public carriage road or railway on the level thereof such crossing shall be so described on the section, and it shall also be stated if such level will be unaltered.

17. Cross sections in certain cases.-If any alteration be intended in the water level of any canal, or in the level or rate of inclination of any public carriage road or railway which will be crossed by the railway, then the same shall be stated on the section, and each alteration shall be numbered; and cross sections in reference to the numbers, on a horizontal scale of not less than one inch to every three hundred and thirty feet, and on a vertical scale of not less than one inch to every forty feet, shall be added which shall show the present surface of such road, canal, or railway, and the intended surface thereof, when altered; and the greatest of the present and intended rates of inclination of the portion of such road or railway intended to be altered shall also be marked in figures thereon, and where any public carriage road is crossed on the level a cross section of such road shall also be added; and all such cross sections shall extend for two hundred yards on each side of the centre line of the railway.

18. Embankments and cuttings.—Wherever the extreme height of an embankment, or the extreme depth of any cutting, shall exceed five feet, the extreme height over or depth under the surface of the ground shall be marked in figures on the section; and if any bridge or viaduct of more than three arches shall intervene in any embankment, or if any tunnel shall intervene in any cutting, the extreme height or depth shall be marked in figures on each of the parts into which such embankment or cutting shall be divided by such bridge, viaduct, or tunnel.

19. Tunnelling and viaduct to be marked.-Where tunnelling, as a substitute for open cutting, or a viaduct as a substitute for solid embankment, is intended, the same shall be marked on the section, and no work shall be

shown as tunnelling in the making of which it will be necessary to cut through or remove the surface soil.

20. In case of junctions gradient of existing line to be shown on section.— When a railway is intended to form a junction with an existing or authorised line of railway, the gradient of such existing or authorised line of railway shall be shown on the deposited section, and in connection therewith, and on the same scale as the general section, for a distance of 800 yards on either side of the point of junction.

NOTICES TO OWNERS, LESSEES, AND OTHERS.

21. Service of notices on landowners and others.-During the month of April or of October the promoters must serve a notice on the owners, or reputed owners, lessees, or reputed lessees, and occupiers of all lands intended to be taken or being within the limits of deviation shown on the deposited plan, describing in each case the particular lands intended to be taken or being within such limits, and inquiring whether the person so served assents or dissents to the taking of such lands, and requesting him to state any objections he may have to such lands being taken.

Every such notice shall be as nearly as may be in the form set out in the schedule to these Rules.

22. Notice to owners of railway, etc.-During the month of April or October the promoters must also serve a notice of the intended application on the owner, or reputed owner, lessee, or reputed lessee, of any railway, tramway, or canal which will be crossed or otherwise interfered with by the proposed railway; and on the road authority (where other than a county, borough, district, or parish council) of any road or street along which it is proposed to lay any rails, or which will be otherwise interfered with by the proposed railway; and such notice shall state the place or places where a plan or plans of the proposed railway has or have been or will be deposited.

Provided that as regards the provisions of this rule and of Rule 21, in the year 1896 the month of November shall be substituted for the month of October.

23. Notice of relinquishment of works.-Where an amending order proposes to authorise the promoters to vary or to relinquish the whole or any part of a railway authorised by a former order, the promoters must during the month of April or October serve notice of the proposal on the owners, or reputed owners, lessees, or reputed lessees, and occupiers of the lands in which any part of the said railway is situate.

24. Notice of repeal of protective provisions.-Where an amending order proposes to repeal or alter any provision contained in a former order for the protection or benefit of any person, public body, or company specifically named, the promoters must during the month of April or October serve notice of the intention to repeal or alter such provision on every such person, public body, or company.

ESTIMATE.

25. Estimates. An estimate of the expenses of the proposed railway (including the expense of acquiring land and all incidental expenses) must be made and signed by the person making the same.

26. The estimate shall be in the following form or as near thereto as circumstances may permit :

1896.

The same details for each branch, and general summary of total cost.

APPLICATION TO THE COMMISSIONERS.

27. Documents to accompany application.-Every application to the commissioners for an order must be made in the month of May or of November except in the year 1896, when it must be made in the month of December, and must be in the case of a corporate body under the seal of such body, and in any other case signed by the promoter or promoters, or if there are more than two then by any three of them, and must be accompanied by—

(a) a copy of the advertisement of the intention to apply for the order;
(b) three copies of the draft order and of each of the documents required
by these Rules to be deposited:

(c) a statement as to the proposed gauge and motive power of the
railway;

(d) a list of the owners, or reputed owners, lessees, or reputed lessees, and occupiers on whom notices have been served, and a statement as far

as can then be made whether in each case they assent, dissent, or are
neuter;

(e) a list of the county, borough, district, and parish councils in or through
any part of whose county, district, or parish any part of the railway is
proposed to be made, and a statement whether or not they have in-
timated assent or dissent to the proposal;

(f) a list of the railway, tramway, or canal companies (if any) on whom
any notice has been served under these Rules, and a statement whether
or not they have intimated assent or dissent to the proposal;
(g) a statement whether any consent of the Board of Agriculture required
to any grant of land or to the acquisition of any common land proposed
to be authorised by the draft order has been obtained;

(h) a statement whether it is proposed that the council of any county,
borough, or district shall expend or advance any money, and if so, of the
nature and amount of such expenditure or advance;

(i) a statement whether it is proposed to apply to the Treasury for the
advance of any money, and if so, of the amount of the advance sought;
(k) a certificate that a fee of £50 has been paid to the Board of Trade.
(a certificate, in the case of an application by an existing company,
that the members of the company have assented to the application by
such a resolution as is required by the Standing Orders of Parliament
in the case of an application to Parliament by such company.

GENERAL PROVISIONS AS TO NOTICES.

28. Authentication, etc., of notices.-Notices and other such documents under these Rules may be in writing or print, or partly in writing and partly in print; and shall be sufficiently authenticated if signed by the clerk of the council, or by some principal officer of the company, or by the promoter or any two or more of the promoters, on whose behalf the notice or other document is served.

29. Service of notices. Notices and any other documents required or authorised to be served under these Rules may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some person on the premises; or if there is no person on the premises who can be so served then by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice or other document was properly addressed and put into the post.

Any notice by these Rules required to be given to the owner or occupier of any premises may be addressed by the description of the "owner or "occupier" of the premises (naming them) in respect of which the notice is given without further name or description.

FEES.

30. Fee payable to Board of Trade.-Before lodging any application with the commissioners a fee of £50 must be paid by the promoters to the Board of Trade, by cheque in favour of an Assistant Secretary of the Board of Trade.

1896.

31. All communications to the commissioners should be on foolscap paper and written on one side only, and should be addressed to—

32. In the case of an application for an amending order, such of the requirements of these Rules as are inapplicable will be dispensed with. 33. These Rules shall remain in force until modified by the Board of Trade.

The Board of Trade, September 1896.

COURTENAY BOYLE, Secretary.

ADDENDA ET CORRIGENDA.

p. 70. Case of Cal. R.C. v. Walker's Trs. For 19 R. H. L. read 9 R.H.L.

p. 98. Sec. 114, Lands Clauses Act. See also Cal. R.C. v. Morrison (1897), 5 S.L.T. 185.

p. 137. Perth General Station Committee v. Ross. Also reported 24 R.H.L. 44.

p. 173. "Recited Act." The Act constituting the original Railway Commissioners, here repealed, was 9 & 10 Vict. c. 105.

p. 182. Lands Valuation Act, 1854.

Note the further amending Act of 1894, 57 & 58 Vict. c. 36 (p. 461), and the alteration of dates thereby effected.

The Valuation Act of 1887 does not affect railways.

p. 185. For 30 & 41 Vict. c. 80, read 30 & 31 Vict. c. 80, and omit word "new," the dates having been wholly altered by the Act of 1894.

p. 277. 30 & 31 Vict. c. 80, sec. 5.

The provisions of this section with regard to separate valuations are extended to counties by 57 & 58 Vict. c. 58, sec. 45, subs. (2), and made applicable to police districts, special water supply districts, special drainage districts, special districts formed under sec. 44 of 57 & 58 Vict. c. 58, and any part of a parish for which a landward committee is constituted in terms of the said Act. See also 57 & 58 Vict. c. 36, sec. 4.

pp. 277 and 278. Note the alteration of dates by 57 & 58 Vict. c. 36, sec. 4.

XLV.

THE LOCAL GOVERNMENT (SCOTLAND) ACT, 1894.—57 & 58 VICT. Cap. 58.

(2) The provisions of section five of the Valuation of Lands (Scotland) Amendment Act, 1867, as extended by the Valuation of Lands (Scotland) Amendment Act, 1887, with regard to separate valuations of portions of railways, waterworks, gasworks, and other undertakings included within the limits of burghs, towns, or populous places, shall extend to counties outwith the boundaries of police burghs in like manner as if they were herein re-enacted with the substitution of the expression "county clerk" for "town clerk, or clerk of the commissioners, or trustees of police," and of "police district formed under section fifty-eight of the Police Act, 1857, special water supply district, special drainage district, special district formed under section forty-four of the Local Government (Scotland) Act, 1894, and any part of a parish for which a landward committee is constituted in terms of the said Act," for "burghs, towns, and populous places."