14 & 15 Vict. c. 70, 8. 25. 8. 26. Parties dissatisfied with award, may enter a traverse at assizes. Bank of Ireland the money so previously paid in shall be placed to the credit of the said accountant general accordingly, and the receipt for the said payment be given to the party making the same in the usual way, for the purpose of being filed at the Report Office. XXVI. Where the party named in any certificate issued under the provisions hereinbefore contained of the amount of the price or compensation ascertained by any award under this Act (or any party claiming under the party so named) shall be dissatisfied with the amount in such certificate certified to be payable, and where any party claiming any interest in any monies so paid into court as aforesaid shall be dissatisfied with the amount of the price or compensation in respect of which such monies shall be so paid into court, and where any party interested in land adjoining any railway shall be dissatisfied with any award under this Act so far as respects any works for the accommodation of such lands thereby awarded to be made and maintained by the company, or which such party may claim to have so made and maintained, it shall be lawful for such party, at the assizes for the county in which the lands are situate, or, where the lands are situate in the county of Dublin or county of the city of Dublin, in the term next following the giving of such certificate, or the payment of such money into court, or (if the claim be only in respect of accommodation works) the making of the award, or where such assizes are holden or such term begins within less than twenty-one days after the giving of such certificate, or the payment of such money, or the making of the award, then at the next subsequent assizes, or in the next subsequent term (as the case may be), upon giving ten days notice in writing previously to such assizes or term respectively to the secretary of the company, of the amount or the accommodation works intended to be claimed, to have a traverse for damages entered in the crown book in respect of such claim, and thereupon such traverse shall be tried in like manner, and like proceedings shall be had, and subject to like provisions, as far as the same can be applied, as in the case of traverses entered for damages under the Acts for consolidating and amending the laws relating to the presentment of public monies by grand juries in Ireland: Provided always, that the sum to be awarded or allowed as the costs, charges, and expenses of the trial of every such traverse for damages shall in no case exceed the sum of twenty pounds, and further that no party shall have any other remedy for the purpose of impeaching the amount of any price or compensation ascertained by any such award as aforesaid, or the sufficiency of the accommodation works awarded thereby, other than by means of such traverse as aforesaid, any thing in any Act to the contrary notwithstanding: provided also, that the jury which shall try such traverse shall be sworn a true verdict to give, whether any and what damages will be sustained by the traverser, regard being had to the value of the lands of such traverser required, and to the injury to any lands of such traverser injuriously affected by the works of the company, or (as the case may be) as to what accommodation works ought to be made and maintained by the company for the accommodation of the lands of the traverser, or to the like effect respectively, as the case may be. See now the Railway Traverse Act, post, p. 522. 14 & 15 Vict c. 70, s. 26. s. 27. XXVII. The entry of the verdict of the jury in case of each traverse in the crown book shall be a final decision, and binding upon all parties interested, traverse to Verdict on 14 & 15 Vict. c. 70, s. 27. have effect of judg ment. s. 28. Act to apply to the pur and shall have the effect of a judgment at law obtained in the Court of Queen's Bench in Ireland against the company, and may be enforced by like remedies against the company, as in the case of a judgment at law, by all parties interested therein; and in each case where a certificate shall have been delivered, such damages shall be taken and recovered in lieu of the monies expressed to be payable by the certificate, and which shall, on payment of the damages, and any costs payable by the company, be delivered up to the said company, and such receipt for such damages shall be given as is hereinbefore provided in cases of payment of monies on such certificates as aforesaid; and where such damages shall be given in respect of any land, the amount of the price or compensation in respect of which, as ascertained by an award under this Act, shall have been paid into court, then if the amount of such damages shall be less than the amount paid into court, the company shall, on a summary application by petition, be entitled to receive the difference between the amount of such damages and the amount of the sum paid into court, but if the amount of such damages shall exceed the amount of the monies paid into court, then the difference between the amount paid in and the damages shall, at the costs of the company, be paid into court; and the payment of such difference into court, and the payment of any costs payable by the company in respect of such traverse, shall be a good discharge to the company on any such verdict in the nature of a judgment as aforesaid. XXVIII. The provisions of this Act shall extend to the purchase by the company of lands for extraordinary purposes. chase of lands for extraordinary purposes. XXIX. All the provisions of "The Lands Clauses Consolidation Act, 1815," shall, subject to the provisions herein contained, extend to and be taken as part of this Act, except so far as the same are inconsistent therewith. XXX. In the construction of this Act the words "the company" shall mean the company constituted by the Special Act. This definition has been enlarged so as to embrace all promoters having compulsory powers. See the Railways Act (Ireland), 1864, section 13, post, p. 519. XXXI. This Act shall extend to Ireland only. XXXII. This section was repealed by the Statute 14 & 15 Vict. c. 70, s. 29. Provisions of 8 Vict. c. 18, incorporated with this Act. s. 30. Meaning of "the com pany." s. 31. Act to extend to Ireland only. s. 32. THE RAILWAYS ACT (IRELAND), 1860. 23 & 24 VICT. c. 97. 23 & 24 Vict. c. 97. 14 & 15 Vict. c. 70. s. 1. Periods of notices shortened. s. 2. After deposit of draft award company may, upon deposit of such amount as An Act for amending and making perpetual the Railways WHEREAS it is expedient that "The Railways Act I. The words "twenty-one" shall be substituted for the words "thirty-one" in the eighth section of the said Act, and the word "fourteen" shall be substituted for the words "twenty-one" in the ninth section of the same Act. II. The twenty-second section of the said Act is hereby repealed; and in lieu thereof be it enacted, That when the company are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter thereon under the provisions in the said Act, as amended by this Act, it shall be lawful for the company, at any time. |