LANDS CLAUSES ACT, 1851 (IRELAND). 14 & 15 VICT. c. 70. An Act to alter and amend certain provisions of the Lands WHEREAS, on account of circumstances connected with the tenure of land in Ireland, the provisions of the Lands Clauses Consolidation Act, 1845, are found to be unsuited to the existing condition of that country, and it is expedient that some provision should be made for ascertaining the purchase-money or compensation to be paid by railway companies in Ireland for the lands required for their undertakings, and for determining differences with respect to the works to be made and maintained by such companies for the accommodation of the owners and occupiers of lands adjoining such railways Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 14 & 15 Vict. c. 70, ss. 1, 2. 1. In citing this Act in other Acts of Parliament, legal instru- Short title. ments, proceedings at law or in equity, and all other instruments, and proceedings whatsoever, it shall be sufficient to use the expression "The Railways Act (Ireland) 1851." Ireland autho heretofore 2. This Act shall apply to every railway in Ireland authorised Act to apply to be made by any Act passed in this session of parliament, or to to railways in which shall hereafter be passed, and which shall authorise the rized in this purchase or taking of lands for such railway, and also to every session, &c. railway or portion of a railway in Ireland by any Act heretofore and to those passed authorised to be made in relation to which the compulsory authorized, powers for taking lands are still in force, and this Act shall be except 13 & 14 incorporated with and form part of the Acts authorising the said Vict. c. xxix. undertakings: Provided always, that this Act shall not apply to 13 & 14 Vict. the railways authorised to be made by "The Waterford and 13 & 14 Vict. Limerick Railway Amendment Act, 1850," "The Dublin and c. lxxvi. Drogheda Railway Act, 1850," "The Dundalk and Enniskillen 13 & 14 Vict. Railway Act, 1850," and "The Midland Great Western Railway c. lxxxviii. c. xlv. 14 & 15 Vict. c. 70, SS. 3, 4. 14 & 15 Vict. C. CX. 14 & 15 Vict. c. ciii. Certain pro visions of of Ireland (Deviation and Amendment) Act, 1850," "The Waterford and Limerick Railway Deviation Act, 1851," and "The Killarney Junction Railway Act, 1851," "The Longford Line and Liffy Branch, 13 & 14 Vict." or to which the provisions of such Acts respectively are applicable, and shall not in anywise interfere with or affect the provisions of such Acts. 3. The clauses of "The Lands Clauses Consolidation Act, 1845," with respect to the purchase and taking of lands otherwise than by agreement, except sections sixteen and seventeen of the said Act, apply to this shall not be applicable or in force with respect to any railway or portion of a railway in Ireland to which this Act applies. c. 18, not to Act. Company to deliver maps, schedules, and estimates at the office of commissioners of public works, and deposit copies with clerks of the peace and clerks of unions. 4. When and so often as any company authorised to make a railway to which this Act applies shall require to purchase or take any lands which they are by the special Act authorised to purchase or take, the company shall cause to be made out, and to be signed by their engineer and secretary, maps or plans and schedules of the lands so required (and for the purchase of which lands, or of all the several interests in which lands, the company shall not have contracted), and also of the works which the company propose to make and maintain for the accommodation of lands adjoining the railway (and for compensation in lieu of which the company shall not have contracted), together with the names of the owners or reputed owners, lessees, or reputed lessees, and occupiers of the said lands respectively, so far as the same can be reasonably ascertained, with estimates of the gross annual value and the value in fee of such lands so required to be purchased or taken as aforesaid, and for the purchase of which, or of all the several interests in which the company shall not have contracted, and the separate and distinct value of each such interest which the company shall not have contracted to purchase, so far as the same can be reasonably ascertained (taking into consideration damage by severance, and any other matters by the Lands Clauses Consolidation Act, 1845, required to be considered, if necessary); and every such map or plan shall be upon a scale of not less than one inch to every two hundred feet; and all lands, buildings, yards, and courtyards, and lands within the curtilage of any building, and ground cultivated as a garden, shall be marked thereon with distinct numbers corresponding with the numbers marked upon the parliamentary plans of the railway, and shall have put thereon a distinct valuation to each number, and all bridges, roads, and other works proposed to be made for the use and accommodation of the owners, lessees, and occupiers of the lands adjoining the railway shall also be marked on the said maps or plans; and the company shall deposit such maps or plans, schedules and estimates, at the office of the commissioners of public works in Ireland, and a copy of such maps or plans, schedules and estimates, or so much thereof as relates to every county in or through which the railway is proposed to be made, with the clerk of the peace of each such county, and a copy of so much of the said maps or plans, schedules and estimates, as relates to each electoral division in which any such lands shall be situate, with the clerk of the poor law union in which every such electoral division is situate. 14 & 15 Vict. c. 70, ss. 5-8. company. 5. After such deposit at the office of the said commissioners as Commisaforesaid, it shall be lawful for the said commissioners, upon the sioners of public works application of the company, to appoint an arbitrator between the to appoint an company and the persons interested in the lands to which such arbitrator, on maps or plans, schedules and estimates relate, and such arbitrator application of shall, in relation to the lands required and the works to be made and maintained by the company, as herein mentioned, be the arbitrator under this Act; and if any such arbitrator die, or refuse, decline, or become incapable to act, the said commissioners may appoint an arbitrator in his place, who shall have the same powers and authorities as the arbitrator first appointed. 6. The arbitrator may call for the production of any documents Arbitrator in the possession or power of the company, or of any party making may call for documents, any claim under the provisions of this Act, which such arbitrator and admimay think necessary for determining any question or matter to be nister oaths. determined by him under this Act, and may examine any such party and his witnesses, and the witnesses for the company, on oath, and administer the oaths necessary for that purpose. 7. Before any arbitrator shall enter upon any inquiry he shall, Arbitrator in the presence of a justice of the peace, make and subscribe the to make and following declaration; that is to say, "I, A.B., do solemnly and sincerely declare, that I will "Made and subscribed in the presence of And such declaration shall be annexed to the award when made and if any arbitrator, having made such declaration, wilfully act contrary thereto, he shall be guilty of a misdemeanor. subscribe declaration. works to be delivered to arbitrator. Notice of 8. Upon the first appointment of an arbitrator as aforesaid, Maps, &c. the said commissioners shall deliver to such arbitrator the maps deposited with commissioners or plans, schedules and estimates, deposited at their office as herein- of public before required; and the company shall forthwith after such appointment publish notice of such appointment, and of such deposits as herein before directed with such clerk of the peace and clerks of poor law unions as aforesaid, once in the "Dublin Gazette," and appointment once in each of three successive weeks in some one and the same of arbitrator, newspaper circulated in the county in which the lands are situate, &c. to be published. stating the times and places of such deposits, and requiring all persons claiming to have any right to or interest in the lands required for the purposes of the railway, and specified in such maps or plans, or to have compensation for any injury to any lands 14 & 15 Vict. c. 70, 8. 9. * Now 21. See 23 & 24 Vict. c. 97. Arbitrator to adjudicate upon compensation to be and upon accommoda tion works. injuriously affected by the execution of the works of the company, or to have any works made by the company for the accommodation of lands adjoining the railway, to deliver to the arbitrator, on or before a day fixed by the arbitrator and named in such notice (and which day shall not be earlier than thirty-one days from the date of the insertion of the last of such newspaper notices), a short statement in writing of the nature of such claim; and upon the appointment of any arbitrator in the place of an arbitrator dying, or refusing, declining, or becoming incapable to act, all the documents relating to the matter of the arbitration which were in the possession of such arbitrator shall be delivered to the arbitrator appointed in his place, and the company shall publish notice of such appointment in the "Dublin Gazette." 9. The arbitrator shall, after the expiration of the period within which such claims are required to be delivered to him as aforesaid, proceed to inquire into and adjudicate upon the value of the lands paid for lands required for the purposes of the railway, and specified in such maps or plans, and the several interests in such lands, in respect of which no agreement shall have been come to between the company and the persons entitled thereto, and the purchase-money to be paid for such lands, and the compensation to be paid for injury to any lands injuriously affected by the execution of the works of the company, and to inquire and determine what works should be made and maintained by the company for the accommodation of lands adjoining the railway; and the arbitrator shall, after due inquiry and examination, frame a draft award setting forth the price or compensation to be paid by the company in respect of the several interests in the lands so required and specified or injuriously affected, and the works to be made and maintained by the company for the accommodation of lands adjoining the railway; and where any inquiry relates not only to the value of the lands to be purchased, but also to compensation claimed for injury done or to be done to any lands held therewith, the arbitrator shall award separate and distinct sums to be paid for the purchase of such lands, or of any interest therein to which the inquiry may relate, and for the damage (if any) to be sustained by reason of the severing of the lands taken from the other lands, or otherwise injuriously affecting such other lands by the exercise of the powers of the company; and such draft award, and copies thereof, or of so much thereof as relates to lands in the respective counties and electoral divisions shall be deposited as herein before directed concerning the said maps or plans, schedules and estimates, and copies thereof, or of so much thereof as aforesaid; and the arbitrator shall cause notice of such award to be given to all persons entitled to payment or compensation under the same, or who shall have been heard before such arbitrator as claimants for compensation, and also shall cause notice to be published as herein before directed concerning notice of the deposit of copies of the said maps or plans, schedules and estimates, or so much thereof as aforesaid, of the deposit of copies of such draft award, or of so much thereof as aforesaid, and shall in such notices * appoint a time and place, or times and places, for holding a meeting or meetings to hear objections against such draft award (the first such meeting to be not earlier than twenty-one days after the last day of publication of the said notice), and shall hold such meeting or meetings accordingly, and thereat hear and determine any objections which may then and there be made to such draft award by any person interested therein, or adjourn the further hearing thereof, if the arbitrator see fit, to a future meeting, and may take any measures which he may deem proper for ascertaining the value of any such lands or interests as aforesaid, or the justice or propriety of any other matter of such draft award, and may from time to time, if he see occasion, appoint and hold further meetings for hearing and determining objections to such draft award, of which further meetings, when not holden by adjournment, notice shall be given in manner hereinbefore directed; and when the arbitrator has heard and determined all such objections, and made such inquiries as he may think necessary in relation thereto, and made such alterations (if any) as he may deem proper in the draft award, he shall make his award under his hand and seal accordingly; and every such award shall be binding and conclusive, subject to the provisions concerning traverse hereinafter contained, upon all persons whomsoever; and no such award shall be set aside for irregularity in matter of form; and every such award, and copies thereof, or of so much thereof as relates to lands in the respective counties and electoral divisions, shall be deposited as hereinbefore directed with respect to the said maps or plans, schedules and estimates, and copies thereof, or of so much thereof as aforesaid; and the company shall thereupon publish notice, as herein before directed concerning notice of the deposit of copies of such maps or plans, schedules and estimates, or of so much thereof as aforesaid, of the deposit of copies of such award, or of so much thereof as aforesaid, and requiring all persons claiming to have any right to or interest in the lands the price or compensation to be paid in respect of which is ascertained by such award to deliver to the company, on or before a day to be named in such notice (such day not being earlier than thirty-one days from the date of the last publication of the notice), a short statement in writing of the nature of such claim, and a short abstract of the title on which the same is founded; and such statement and abstract shall be paid for by the company. 14 & 15 Vict. c. 70, ss. 10, 11. Now 14. See 23 & 24 Vict. c. 97. be made as 10. Provided always, that the arbitrator may make several Separate awards, so as to include in a separate award the lands in each awards may electoral division, or such portion of the lands in relation to which to lands in he is arbitrator as, having reference to the deposits to be made the several under this Act, the meetings to be holden, and the inquiries to be parishes or made in relation to such lands, and the convenience of the parties interested in the matter of the arbitration, he may think fit. otherwise. 11. Every clerk of the peace and clerk of any union is hereby Clerks of the required to detain the documents to be deposited with him under peace and clerks of |