27 & 28 Vict. c. 71, s. 13. terin 66 com XIII. In the construction of the Railways Act (Ireland) 1851, and of the Railways Act (Ireland) 1860, and of this Act, the expression " company Construcshall include any parties, whether company, under- tion of takers, commissioners, drainage board, corporation, or private persons, empowered to execute any work pany." or undertaking, and to take or use any lands, mills, or other hereditaments compulsorily under the provisions of any general or special Act of Parliament, already or hereafter incorporating the said recited Acts and this Act or any of such Acts. XIV. When any railway company shall not take possession of or pay for any land within one fortnight from the lodgment of the final award of the arbitrator with the clerk of the peace, the said company shall, before taking possession of the same, in addition to the sum awarded by the arbitrator, pay to the occupant of any land to be taken the value of any crop existing upon or in the land at the time of taking possession of same, and which has not been included in said award, such value to be determined by any three justices of the petty sessions district in which such lands may be situated, one to be named by the railway company, one by the occupant of such land, and the third by the two justices so named. s. 14. s. 15. years after railway, XV. Every railway company in Ireland shall cause proper fences to be made and maintained for sepa- Within five rating the land taken for the use of the railway the openfrom the adjoining lands not taken, and shall also ing of a provide and maintain proper drains or other passages either over or under or by the sides of the railway to convey water from or to the lands lying near or affected by the railway, in the same manner and to the same extent as it was conveyed from or to the said lands before the making of the railway, or as the com be called pany may upon to make certain ac commoda tion works, and, if so, 27 & 28 Vict. c. 71, s. 15. the matter trator. s. 16. Arbitrator shall have all the powers 24 Vict. c. s. 17. The company shall obey the award of the arbi trator, except in certain cases. near thereto as the case may be; and in case any owner or occupier of such land shall complain of the want of or insufficiency of any such fences, drains, or passages, it shall be lawful for such owner or occupier, within five years after the completion of the works of any railway and the opening of the railway for public use, to present a memorial to the commissioners of public works in Ireland stating the ground of his complaint, and thereupon the commissioners shall inquire into the matter of such complaint, and, if they shall so think fit, the said commissioners shall appoint an arbitrator to hear and determine the matter of the said complaint. XVI. The arbitrator so appointed shall have and exercise all the powers vested in any arbitrator appointed under the "Railways (Ireland) Acts, 1851 and 1860," and shall proceed to investigate the said complaint at some convenient place to be named by the said commissioners of public works, after giving ten days notice of the time and place of meeting to the memorialists and to the railway company, and his award may be traversed in the same manner as any award made by an arbitrator appointed under the "Railways (Ireland) Acts, 1851 and 1860," and if not traversed shall be final; and the costs of the said arbitration and of the said arbitrator shall be paid in the same manner as the costs of an arbitration or arbitrator under the "Railways (Ireland) Acts, 1851 and 1860." XVII. The company shall make all such fences, drains, and passages as by the award of the said arbitrator they shall be directed to make; but no company shall be required to make the same in such a manner as will prevent or obstruct the working or using of the railway, nor shall they be required to make any fence, drain, or passage in respect of which the owner and occupier, or any former owner and occupier, shall have agreed to receive and shall have been paid compensation in lieu of the making of the works themselves. 27 & 28 Vict. o. 71, s. 17. 8. 18. This Act, and 14 & 15 Vict. XVIII. The Railways Act (Ireland) 1851, and the Railways Act (Ireland), 1860, and this Act, shall be construed together as one Act; and this Act, together with the said Acts, shall be held to be incorporated with those Acts in any Act already or hereafter Vict. c. 97, incorporating those Acts or any of them. XIX. This Act may be cited as the Railways Act (Ireland), 1864. c. 70, and 23 & 24 to be read together. s. 19. Short title. THE RAILWAYS TRAVERSE ACT. 31 & 32 VICT. c. 70. 31 & 32 Vict. c. 70. 14 & 15 Vict. c. 70. An Act to amend "The Railways (Ireland) Act, 1851," WHEREAS by the 26th section of "The Railways Act (Ireland), 1851," it is provided that where the party named in any certificate of the amount of the price or compensation ascertained by any award (or any party claiming under the party so named) should be dissatisfied with the amount in such certificate certified to be payable, and where any party claiming any interest in any monies paid into court should be dissatisfied with the amount of the price or compensation in respect of such monies, and where any party interested in land adjoining any railway should be dissatisfied with any award so far as respects any works for the accommodation of lands thereby awarded to be made and maintained by the company, or which such party might claim to have so made and maintained, it should 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 31 & 32 the payment of such money into court, or (if the Viet. o. 70. 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 twentyone 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 might 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 should be tried in such manner, subject to such regulations, and with such consequences, as in the said Act in that behalf respectively mentioned : Vict. c. 97. And whereas by "The Railways Act (Ireland), 23 & 24 1860," the said first-mentioned Act was amended and made perpetual: Vict. c. 71. And whereas by the first section of The Railways 27 & 28 Act (Ireland), 1864, it is provided that in all cases where the amount of money which the arbitrator should have awarded to be paid by the company to any person in respect of any estate or interest in lands should exceed the sum of five hundred pounds it should be lawful for the company, if dissatisfied with such award, upon giving to such person within ten days next after the date of such award notice in writing of their intention to appeal therefrom, to have a traverse entered by the company in the crown book in respect of such award at the same time and in like manner in all respects as were provided with respect to traverses taken by persons dissatisfied with any award, and the like proceedings |