Private Legislation (Scotland) Reports (Volume 8) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: PRIVATE LEGISLATION (SCOTLAND) REPORTS. EDINBURGH AND DISTRICT WATER Edinburgh. PROVISIONAL ORDER. Preseoted April 1907; Royal Assent, 1st August 1908. [Before Lord Sanderson, Chairman; Earl of Galloway; John D. Hope, Esq., M.P.; and Major Anstruther Gray, M.P.] Sir Basil T. Graham Montgomery, objector. Railway?Railway constnicted by Water Trustees for Purposes of Water Undertaking?Continuance of Railway after Undertaking accomplished?Opposition by Proprietor having Servitude Right over Road crossed by Railway at Level Crossing. Railway?Railway constructed by Water Trustees for Purposes of Water Undertaking?Sale or Lease of Railway after Undertaking accomplished ?Disposal of Lands acquired foi- Railway?Superfluous Lands. By a former Order promoted by Water Trustees the construction of a line of railway was authorised for a particular purpose. By the terms of that Order after said purpose was served the lines and sleepers were to be removed and the land occupied by the railway was to be treated as superfluous land. Said purpose having been fulfilled the Water Trustees sought power in the present Order, inter alia, to continue to maintain the railway. The Order was opposed by a proprietor having a right of access over a road leading from the public road to a farm on his property, across which access road the railway was run by means of a level crossing. The petitioner's objections were based on the fact that the railway had been authorised merely as a temporary railway for a particular purpose, and that there was no precedent for a bodv such as Water Trustees being empoweredbe obstructed longer than was necessary to allow of trains passing over it. The promoters further sought power in sub-section 2 of clause 25, if they thought fit, " to sell or lease t...