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Maps, &c. to be deposited with the ComPublic Works, and a Copy with Secretary of Grand Jury. Power for Company to

missioners of

the said Company shall cause to be made out, and to be signed with the Names of their Engineer and Secretary, Maps and Schedules of all such Lands and Hereditaments, together with the Names of the Owners or reputed Owners, Lessees, and Occupiers thereof, as far as the same can be reasonably ascertained, with Estimates of the gross annual Value, and the Value thereof in Fee, (taking into consideration Damage by way of Severance, and any other Matters by "The Lands Clauses Consolidation Act, 1845," required to be considered, if necessary,) of all such Lands and Hereditaments respectively required for the Purposes of the said Railway from Mullingar to Galway, and every such Map shall be upon a Scale of Two hundred Feet to the Inch; and all Lands, Buildings, Yards, Courtyards, and Lands within the Curtilage of any Building and Ground cultivated as a Garden shall be marked with the distinct Numbers corresponding with the Numbers marked upon the Parliamentary Plans and Sections of the said Railway, and shall have put thereon a distinct Valuation to each Number; and the Company shall deposit such Maps, Schedules, and Estimates at the Office of the Commissioners of Public Works in the City of Dublin, and a Copy of such Maps, Schedules, and Estimates with the Secretary of the Grand Jury of the County, County of a City, or County of a Town in which such Lands, Tenements, and Hereditaments shall be situate. XIX. And be it enacted, That such last-mentioned Commissioners shall consider such Valuations as aforesaid, and may at their sole Discretion alter or vary the same, and may call for such further Information relating thereto as they shall think fit; and so soon as the said last-mentioned Commissioners or any Two of them shall from Time to Time have signified in Writing their Approval and Sanction of any such Maps, Schedules, and Estimates deposited as aforesaid, or any Part thereof, it shall be lawful for the said Company from Time to Time to enter upon any Lands and Hereditaments described in such Plans so deposited as aforesaid, the Estimate of the Value whereof shall have been approved as aforesaid, and thenceforward to hold the same in Fee discharged of all Estates and Interests whatsoever of any Person or Body whomsoever; and further, that the said Company Plans to be shall proceed to deposit so much of the said Maps, Schedules, deposited and and Estimates so approved of as aforesaid, as relates to each Notices given. Parish in which any Lands or Hereditaments required to be taken for the Purposes of the said Railway between Mullingar and Galway are situate with the Clerk of the Poor Law Union of every such Parish, and thereupon the Company shall publish a Notice once in the Dublin Gazette, and once for Three succes. sive Weeks in some one and the same Newspaper circulated in the County in which such Lands, Tenements, and Hereditaments are situate; and every such Notice shall state the Time and Place of depositing such Maps, Schedules, and Estimates with the Clerk of such Union, and the Sanction and Approval of the said Maps, Schedules, and Estimates by the said Commissioners of Public Works, and shall require all Persons claiming to have any Right to or Interest in the Lands and Hereditaments required for the Purposes of the said Railway in such Parish to deliver to the Company on or before a Day to be named in such Notice (and

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which

take possession of Lands, &c. on Approval of Plans and Estimates by the Commis

sioners of Public Works.

Certificates of Value to be delivered by Company.

Amount mentioned in Cer

tificates to be

paid to Parties, on Demand, or into Court of Exchequer in Ireland.

Receipts duly stamped to operate as a Conveyance.

which Day shall not be earlier than Thirty-one Days from the Date of the Insertion of the last of such Newspaper Notices) & short Statement in Writing of the Nature of such Claim or Right, and a short Abstract of the Title on which the same shall be founded, such Statement and Abstract to be paid for by the said Company.

XX. And be it enacted, That within Thirty Days from the Delivery of such Statement and Abstract as aforesaid the said Company shall, when it shall appear to them that the Party or Parties so claiming as aforesaid are absolutely entitled to the said Lands or Hereditaments claimed by them, deliver to such Party or Parties, on Demand, a Certificate under the Company's Seal stating the Amount of the Valuation so put by the Company as aforesaid; and where it shall appear to the said Company that there are different Interests existing in the same Lands or Hereditaments, then the said Company shall apportion the Amount of their said Valuation according to such different Interests, and shall deliver, on Demand, to each Party claiming such different Interests as aforesaid, a Certificate under the Seal of the said Company stating the Valuation of the Interest to which such Party so claiming as aforesaid is in the Opinion of the Company entitled to receive; and where more Land or Hereditaments than is included in One Number shall be claimed by the same Party or Parties, such Land or Hereditaments, and the Valuations thereof or of the Interest therein, may be included in One Certificate if the Company shall think fit, such Certificates to be prepared by and at the Costs of the said Company.

XXI. And be it enacted, That the said Company shall, on Demand, pay to the Party or Parties to whom any such Certificate shall have been given, or into the Court of Exchequer in Ireland in the Cases herein after mentioned, the Amount of Monies specified to be payable by such Certificates to the Party or Parties to whom or in whose Favour such Certificates shall be given, his or her Executors, Administrators, or Assigns; and if the said Company shall wilfully make default in such Payment as aforesaid, then the Party or Parties named in such Certificate shall be entitled to enter up Judgment against the said Company in the Court of Queen's Bench in Ireland for the Amount of the Sums specified in such Certificates respectively, in the same Manner in all respects as if they had been, by Warrant of Attorney from the said Company, authorized to enter up Judgment for the Amount mentioned in the Certificate, with Costs as is usual in like Cases; and all such Monies payable under such Certificates, or to be recovered by such Judgments as aforesaid, shall at Law and in Equity be taken as Personal Estate as from the Time of the Company entering on any such Lands or Hereditaments as aforesaid.

XXII. And be it enacted, That where any Monies shall be paid on such Certificates as aforesaid, the Parties receiving such Monies shall give to the said Company Receipts for the same, and such Receipts shall have the Effect of a Release or Conveyance of all the Estate and Interest of such Parties in the said Lands or Here. ditaments, and of that of all Parties claiming under or through them, so as such Receipts shall have the same Stamp impressed

thereon

any

are deemed not

thereon in respect of the Purchase Monies mentioned in such Certificate, but exclusive of the Amount paid for Severance and consequential Damages, as would have been necessary if the same had been an actual Conveyance of such Estate or Interest, such Receipts to be prepared by and at the Costs of the said Company. XXIII. And be it enacted, That if it shall appear to the said If Parties Company from such Statement and Abstract as aforesaid or other- making Claim wise that the Party or Parties making such Claim as aforesaid are entitled, or not absolutely entitled to the said Lands or Hereditaments, or shall be under shall be under any Disability, or if the Title to such Heredita- Disability, or ments shall not be satisfactorily deduced to the said Company, if Title shall then the Amount of any such Valuations as aforesaid, or of not be satisfacMonies to be recovered on any Traverse as after mentioned, or torily deduced, Monies to be payable in respect of any Judgment or Execution as after men- paid into Court. tioned, exceeding Twenty Pounds, shall, on the Request of any Party claiming any Interest in the Lands or Hereditaments included in any such Valuations, or without such Request, if the said Company shall think fit, be paid into Court in all respects as by "The Lands Clauses Consolidation Act, 1845," is provided in Cases of Sales by Parties under Disability; and such Monies shall be dealt with in all respects as if the same had been paid into Court in pursuance of the Provisions of the said last-mentioned Act on a Sale of any such Lands or Hereditaments by a Party under Disability as defined by the same Act; and every such Sum not exceeding Twenty Pounds may be paid and applied to the Parties who under the Lands Clauses Consolidation Act would be entitled to receive the same in case their Lands or the Interests therein had been taken under the Powers in the said Lands Clauses Consolidation Act contained.

XXIV. And be it enacted, That when the said Company shall have taken possession of any Lands or Hereditaments under the Provisions of this Act, and no Claim shall have been made in respect thereof, or of some particular Interest therein, within One Year from the Time of the Company taking possession, then the said Company shall pay the Amount of such Valuation, either of the Fee or of any derivative Interest therein not claimed for as aforesaid, into Court, as is by the said Lands Clauses Consolidation Act, 1845, provided in Cases where Lands are taken possession of on no Title being shown, and the same shall be accordingly dealt with as by the said Act is provided.

Value of Lands not claimed within Twelve

Months to be paid into Court.

further Evi

XXV. And be it enacted, That nothing herein-before contained Nothing to shall prevent the said Company from requiring any further prevent ComAbstract of Title or Statement respecting any Lands or Heredita- pany requiring ments included in any such Valuations, in addition to the Abstract dence of Title, or Statement herein-before mentioned, if they shall think fit, so as at their Costs. any such further Information be obtained at the Costs of the said Company.

XXVI. And be it enacted, That if from any Reason whatsoever the said Company shall not deliver the Certificate aforesaid to any Party claiming to be entitled to any Interest in any Lands or Hereditaments, the Possession whereof shall have been taken by the Company as aforesaid, then the Right to have a Certificate according to the Provisions of this Act may be enforced by any Party or Parties by Application to the High Court of Chancery

Delivery of

Certificate by
Company may
be enforced by
Court of Chan-

cery.

Parties dissatisfied with Amount cer. tified, or Valuation, may

at Assizes.

in Ireland in a summary Way by Petition; and all other Rights and Interests of any Party or Parties arising under the Provisions of this Act may be in like Manner enforced against the said Company by such Application as aforesaid.

XXVII. And be it enacted, That it shall be lawful for every Person or Persons named in any Certificate issued under the Provisions herein-before contained, or in anywise claiming under such Person or Persons, and who shall be dissatisfied with the enter a Traverse Amount in such Certificate certified to be payable, and also for all Parties claiming any Interest in any Monies so paid into Court as aforesaid, and who shall be dissatisfied with the Amount of the Valuation of the Hereditaments in respect of which such Monies shall be so paid into Court as aforesaid, or of any Interest therein, at the Assizes next following the giving such Certificates or the Payment of Money into Court, whichever shall first happen, or at the next subsequent Assizes, upon giving Ten Days Notice in Writing previously to such Assizes respectively to the Secretary of the Company of the Amount of Damages intended to be claimed, to have a Traverse for Damages entered in the Crown Book in respect of such Claim by him or her, 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 Ten Pounds; and further that no Party or Parties shall have any other Remedy for the Purpose of ascertaining the Amount of the Value of any Lands or Hereditaments to be taken under the Powers of this Act, or of impeaching the Amount of the Valuation put thereon as aforesaid, other than by means of such Traverse as aforesaid, anything in any of the aforesaid Acts or any Acts incorporated therewith, or in this Act, to the contrary notwithstanding.

Verdict on
Traverse to
have Effect of
Judgment.

XXVIII. And be it enacted, That the Entry of the Verdict of the Jury in all Cases of every Traverse in the Crown Book shall be a final Decision, and binding upon all Parties interested, and shall have the Effect of a Judgment in an Action at Law obtained in the Court of Queen's Bench in Ireland against the said Company, and may be enforced by like Remedies against the said Com. pany as in the Case of Judgments in Actions at Law by all Parties interested therein; and in Cases 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 said Company, be delivered up to the said Company; and such Receipt for such Damages shall be given as is herein-before provided in Cases of Payment of Monies on such Certificates as aforesaid; and where such Damages shall be given in respect of any Lands or Hereditaments, the Amount of the Valuation of which shall have been paid into Court, then, if the Amount of such Damages shall be less than the Amount paid into Court, the said Company shall, on a summary Application by Petition, be

entitled

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 the 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 said Company, be paid into Court, and the Payment of such Difference into Court, and the Payment of any Costs payable by the said Company in respect of such Traverse, shall be a good Discharge to the said Company on any such Verdict in the Nature of a Judgment as aforesaid. XXIX. And be it enacted, That all the Provisions of the said Lands Clauses Consolidation Act, 1845, shall be held to extend to this Act, except so far as the same are altered or varied or are inconsistent with the Powers and Provisions of this Act.

XXX. And be it enacted, That it shall be lawful for the Company to take and hold Lands which by the Acts for making the said Railway from Mullingar to Galway they are authorized to take for additional Purposes, subject and according to the Pro. visions of this Act, and as if they were Part of the Lands hereinbefore authorized to be taken by the said Company.

Provisions of

8 & 9 Vict. c. 18.
extended to
this Act.

Additional Lands may be this Act.

taken under

have the same

XXXI. And be it enacted, That all and every the several Powers, &c. of Clauses, Powers, Authorities, Provisoes, Enactments, Directions, recited Acts to Regulations, Restrictions, Privileges, Priorities, Advantages, Force as if Penalties, and Forfeitures contained in the said Acts relating to re-enacted in the said Public Works Loan Commissioners, and in all other this Act. Acts of Parliament whatsoever relating to the said Public Works Loan Commissioners, and recited or referred to in the said firstmentioned Act passed in the Session held in the Ninth and Tenth Years of the Reign of Her present Majesty, shall not be affected by any Act or Acts of Parliament passed or to be passed, save so far as the same may be therein and thereby altered, varied, or repealed, by express Reference to the said recited Acts or this Act; and all and every the said several Clauses, Powers, Authorities, Provisoes, Enactments, Directions, Regulations, Restrictions, Privileges, Priorities, Advantages, Penalties, and Forfeitures, so far as the same can be made applicable and are not varied by this Act, shall be taken to extend to this Act, and to every thing to be done in pursuance of this Act, and to the Securities to be given in pursuance of this Act, and as if such Clauses, Powers, Authorities, Provisoes, Enactments, Directions, Regulations, Restrictions, Privileges, Priorities, Advantages, Penalties, and Forfeitures were herein repeated and set forth and made applicable to the Securities to be given in pursuance of this Act, and every other Matter or Thing to be done by virtue of this Act.

Loan Commis

XXXII. And be it enacted, That in case the said Railway Power for between Mullingar and Galway shall not be completed by the Public Works said Railway Company and opened for the Use of the Public on sioners, with or before the Thirty-first Day of December One thousand eight the Consent of hundred and fifty-one, and in case any Monies shall have been Treasury, to advanced to the said Railway Company under the Provisions of take possession this Act, and which shall be unpaid, then and thereupon it shall of the Railway, be lawful for the Public Works Loan Commissioners, with the Consent of the Commissioners of Her Majesty's Treasury, at any Galway, and to Time after the said Thirty-first Day of December One thousand transfer the eight hundred and fifty-one, and notwithstanding any subsequent same, and all Receipt the Company's

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&c. between Athlone and

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