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Order Confirmation.

indemnify free and relieve the trustees of and A.D. 1927.
from all claims for loss or damage of every des-
cription (if any) whether at the instance of their
employees or third parties including all claims
for loss of life or for injury to persons vessels
goods animals or property or damages or
demurrage which may arise or be made against
the trustees in consequence of or in connection
with the construction maintenance or position
of the said bridge and approaches including
subsidiary works works of restoration and
substitution and temporary works and of all
expenses which may be incurred by the trustees
or for which they may be found liable in con-
nection with such claims so far as such loss
damage injury damages demurrage and expenses
shall have been occasioned by the fault or
neglect of the Corporation or those for whom
they are responsible :

(12) Any difference between the Corporation and
the trustees in connection with any of the
provisions of this section or with anything in
this Order contained with the exception of
claims under the Lands Clauses Acts and the
Acquisition of Land (Assessment of Compen-
sation) Act 1919 arising under subsections (1)
and (9) of this section shall failing agreement
be determined from time to time by an arbiter
to be mutually agreed upon between the
Corporation and the trustees or failing agree-
ment to be appointed by the President of the
Institution of Civil Engineers on the application
of either party.

17. The following provisions for the protection of the For protec35 London Midland and Scottish Railway Company (in this tion of section called "the company ") shall notwithstanding London the provisions of this Order and unless otherwise agreed in writing between the Corporation and the company Railway apply and have effect:

40

(1) The expression "property of the company in
this section shall include any land railway line
siding goods yard or work belonging to leased
worked or used by the company :

Midland and
Scottish

Company.

A.D. 1927.

Order Confirmation.

(2) The Corporation shall not for the purposes of the bridge approaches Works Nos. 1 and 3 by this part of this Order authorised enter upon take use purchase or acquire by compulsion any property of the company but the company shall 5 sell to the Corporation

(a) Such servitude over the property of the company coloured red on the plan marked A and signed in triplicate by Thomas Somers on behalf of the Corporation and by Dugald 10 McLellan on behalf of the company as may be required for making and maintaining in accordance with the provisions of this part of this Order the said bridge approach Work No. I and the piers columns and foundations 15 of the same and

(b) So much of the land coloured red on the
plan marked B and signed in triplicate by
Thomas Somers on behalf of the Corporation
and by Dugald M'Lellan on behalf of the 20
company as may be required for making and
maintaining in accordance with the provisions
of this part of this Order the said bridge
approach Work No. 3:

(3) The said bridge approach Work No. 1 shall be 25
constructed over the property of the company
by a bridge of three spans of such a height as to
give a minimum headway under the said spans of
fifteen feet from the upper surface of the rails of
the company's railways to the underside of the 30
girders of the said bridge:

(4) If considered necessary by the company the
company may provide and maintain such lights
under the said bridge approach Work No. I as
they may reasonably require and the Corporation 35
shall pay to the company the reasonable cost
of providing and maintaining such lights pro-
vided that the Corporation may by agreement
with the Company commute any payments to
be made by the Corporation in terms of this 40
subsection by payment of such sum as may be
mutually agreed on Provided also that the
company shall not place or attach any such
lights on or to the said bridge approach Work

Order Confirmation.

No. 1 without the consent of the Corporation A.D. 1927. which consent shall not be unreasonably refused:

(5) In respect that the construction of the said bridge

approach Work No. 1 over the property of the
company by a bridge of three spans will
necessitate

(a) The carrying out of the alterations and
sluing of the railway lines and sidings of the
company shown on the plan marked "C"
and signed in quadruplicate by Thomas
Somers on behalf of the Corporation by
Dugald McLellan on behalf of the company
and by Patrick Dunlop Donald on behalf of
the trustees and

(b) The acquisition by the Corporation from
the trustees of so much only of the land
hatched purple on the said plan marked “C”
as may be necessary to permit of the carrying
out of the said alterations and sluing:

the company shall at the sole cost of the Corpo-
ration execute and complete the said altera-
tions and sluing and all work connected there-
with or incidental thereto and the Corporation
shall free of all cost to the company acquire from
the trustees and convey to the company so
much of the said land hatched purple on the
said plan marked "C" as may be necessary to
permit of the execution and completion of the
said alterations and sluing:

(6) In carrying out the said bridge approach Work
No. 3 the Corporation shall not permanently
obstruct the access to the company's goods
yard from Govan Road and during the con-
struction of the said bridge approach shall at all
times provide reasonable facilities for the passage
of vehicles to and from the said yard:
(7) The Corporation shall carry out the alterations
on the property of the company shown on the
plan marked D and signed in triplicate by
Thomas Somers on behalf of the Corporation
and by Dugald M'Lellan on behalf of the com-
pany and all other work rendered reasonably
necessary by the construction of the said bridge

A.D. 1927.

Order Confirmation.

approach Work No. 3 Provided always that the company if they so elect may themselves carry out any or all of the works in this subsection herein before mentioned and recover the reasonable cost thereof from the Corporation :

(8) The Corporation shall not without the consent of the company deviate from the centre line of the said bridge approach Work No. 3 or from the levels thereof shown on the deposited plans and sections:

5

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(9) The Corporation shall not temporarily or
permanently enter upon or interfere with the
property of the company or execute any works
of construction maintenance repair or renewal
in connection with the said bridge approach 15
Work No. 1 or the said bridge approach Work
No. 3 (hereinafter in this section called "the
works") which in any way interfere with or
affect the property of the company until the
Corporation shall have delivered to the company 20
plans sections working drawings and specifica-
tions of the works and until such plans sections
working drawings and specifications shall have
been approved in writing by the principal
engineer of the company or in the event of his 25
failure so to do for twenty-one days after
delivery of such plans sections working drawings
and specifications until the same shall have been
settled by the arbiter to be appointed as herein-
after in this section provided and the works shall 30
be executed by the Corporation at their sole
expense in all things according to such plans
sections working drawings and specifications
as the same shall have been approved or settled
as aforesaid and to the reasonable satisfaction 35
of the said engineer of the company or in case
of difference of the arbiter to be appointed as
hereinafter in this section provided:

(10) The principal engineer of the company and any
person authorised by him shall at all times have 40
free access to the works and every facility shall
be afforded to them for the inspection thereof
and every reasonable notice which the company
may give touching any defect or want of repair

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Order Confirmation.

affecting the property of the company shall A.D. 1927.
immediately or as soon as possible be complied
with by the Corporation :

(11) Should it in the opinion of the company become
necessary during and by reason of the execution
by the Corporation of the works and operations
in connection therewith or the subsequent
maintenance renewal alteration replacing or
repair thereof to execute any underpinning or
other works to secure the support or safety of the
property of the company the Corporation shall
free of all expense to the company execute
and do all such underpinning or other works
as the Company may from time to time
reasonably require to secure the support or
safety of the property of the company or the
Company may in their option and for any of
these purposes enter upon the works or property
of the Corporation and themselves execute all
such underpinning or other works and the
Corporation shall on demand repay to the
company all reasonable costs and expenses
incurred by them in connection therewith:
(12) The fact that any of the operations of the
Corporation have been done or executed in
accordance with any plan approved or not
objected to by the principal engineer of the
Company or with any requirement or under the
superintendence of the said engineer shall not
relieve the Corporation from any liability for
damage caused to the property of the company
or affect any claim by the company for injury
caused to the property of the company :
(13) In constructing the works the Corporation shall
not except as herein before expressly provided
temporarily or permanently alter the lines or
levels of the railways or sidings of the company :
(14) All the works and operations of the Corporation
so far as affecting the company shall be carried
on at a time or times to be approved by the
principal engineer of the company or in the
event of difference by an engineer to be agreed
upon between the parties or appointed in the
manner hereinafter in this section provided so