For the purpose of fixing the tolls to be paid by one company to another, the Caledonian Railway (Grangemouth Harbour) Act 1876, section 25, enacted-‘ . . the cost of the lines of rails and sidings which may be hereafter formed by the company shall only include the expense of the rails, chairs, and other permanent-way material, and of laying down the same on the surface, together with the purchase-money of any land which may have been or may be acquired by the company for the purposes hereof and compensation for any damage to adjoining lands. . . ‘ A subsequent Act, 1897, in section 12, for the same purpose, referred to ‘interest upon the cost of such works (including the cost of land) calculated at the rate and in the manner provided by’ section 25 of the 1876 Act.
Held that ‘cost of land’ in the 1897 Act meant the ‘purchase-money’ of the 1876 Act, and that that term did not include the expenses of acquisition; that ‘permanent-way material’ did not include ballast.
Citations:
[1916] SLR 275
Links:
Jurisdiction:
Scotland
Transport
Updated: 23 April 2022; Ref: scu.618259