Railways Act (Ireland) 1860. cxxiii RAILWAYS ACT, (IRELAND,) 1860.* (23 & 24 VICT. c. 97). An Act for Amending and making Perpetual the Railways Act, (Ireland) 1851.-[13th August 1860.] 70. WHEREAS it is expedient that "The Railways Act, (Ireland,) 14 & 15 Vict. c. 1851" (a), should be amended as hereinafter provided, and that with such amendments the said act should be made perpetual : 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: (a) See this act, ante, p. xcvi. shortened. I. The words "twenty-one" shall be substituted for the words Periods of notices "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. draft award company may, upon amount as arbi lands. II. The twenty-second section of the said act is hereby re- After deposit of pealed; and in lieu thereof be it enacted, That when the company are desirous, for the purposes of their works, of entering deposit of such upon any lands before they would be entitled to enter thereon trator may think under the provisions in the said act, as amended by this act, it fit, enter on shall be lawful for the company, at any time after the arbitrator shall have framed his draft award, upon depositing in the Bank of Ireland as herein directed such sum or sums as the arbitrator may certify to be in his opinion the proper amount to be so deposited in respect of any lands authorised to be purchased or taken by the company, and mentioned in such draft award, or of 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, to enter upon and use such lands for the purpose of the railway and works of the company; and the arbitrator shall, upon the request of the company, at any time after he shall have framed such draft award, * Amended and extended by the Railways (Ireland) Act, 1864, (27 & 28 Vict. c. 71,) post. C. 97. 23 & 24 VIC. certify under his hand the sum or sums which in his opinion should be so deposited by the company in respect of any lands mentioned in such draft award, or of any such interests therein as aforesaid, before they enter upon or use the same as aforesaid, and the sum or sums to be so certified shall be the sum or sums set forth in such draft award as payable by the company in respect of such lands or of such interests in such lands in respect of which no agreement shall have been come to between the company and the persons entitled thereto, or such greater amounts as to the arbitrator under the circumstances of the case shall seem proper; and notwithstanding such entry as aforesaid, all proceedings for and in relation to the completion of the said award, the delivery of certificates, and other proceedings under the said act as amended by this act, and under this act, shall be had, and payments made as if such entry and deposit had not been made: Provided that the company shall, where they enter upon any lands by virtue of this present provision, pay interest at the rate of five pounds per centum per annum upon the purchase and compensation money payable by them in respect of any lands so entered upon from the time of their entry until the time of the payment of such purchasemoney and compensation to the person entitled thereto, or where, under the provisions of the said act as amended by this act, such purchase-money or compensation is required to be paid into the said bank, then until the same with such interest is paid into such bank accordingly; and where under this provision interest is payable on any purchase or compensation money, the certificate to be delivered by the company in respect thereof shall specify that interest is so payable, and the same shall be recoverable in like manner as the principal money mentioned in such certificate. Mode of deposit. III. The twenty-third section of the said act is hereby repealed; and in lieu thereof be it enacted, That the sum or sums to be deposited as aforesaid in respect of any lands or any interests in any lands shall be paid into the Bank of Ireland in the name and with the privity of the Accountant-General of the Court of Chancery in Ireland, to be placed to his account there, to the credit of the company, (describing the company by its proper name,) in the matter of "The Railways Act, (Ireland,) 1851," and of the respective owners of the lands or of the interests in lands in respect of which the same is or are paid as aforesaid, subject to the control or disposition of the said court, and upon such deposit the cashier of the said bank shall give to the company, or the party paying in such money by their direction, a receipt for the same. Deposit of Compensation-Rent Charges. CXXV C. 97. main as a secur rection of the IV. The twenty-fourth section of the said act is hereby 23 & 24 VICT. repealed; and in lieu thereof be it enacted, That the sum or sums of money so deposited as last aforesaid shall remain in Deposit to rethe bank by way of security to the parties respectively in respect ity, and to be apof whose interests in the lands which shall so have been entered plied under diupon such sum or sums shall have been deposited for the pay- Court of Chanment of the money to become payable by the company to such cery. parties respectively, for their respective interests in such lands under the award of the arbitrator; and the money so deposited may, on application by petition of the company, be ordered to be invested in bank annuities or government securities, and accumulated; and upon such payment as aforesaid by the company it shall be lawful for the court of Chancery in Ireland, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the company; or in default of such payment as aforesaid by the company, it shall be lawful for the said court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. of charged is re V. If part only of the lands charged with any rentcharge or Apportionment fee-farm rent be required to be taken for the purposes of the trencharge, special act, the apportionment of any such rent or rentcharge only of the land may be settled by agreement between the party entitled to the quired.. same and the owner of the lands on the one part, and the promoters of the undertaking on the other part, and if such apportionment be not settled by agreement, the same shall be settled by the arbitrator; and the owner of the rentcharge or fee-farm rent shall have all the same rights and remedies for the recovery of such apportioned part, as against the lands not required for the purposes of the special act, as previously to such apportionment he had for recovery of the entire. of rent of lands of such lands is VI. If any lands shall be comprised in a lease for a life or Apportionment lives or for a term of years unexpired, part only of which lands under lease shall be required for the purposes of the special act, the rent where part only payable in respect of the land comprised in such lease shall be required. apportioned between the lands so required and the residue of such land, and such apportionment may be settled by agreement between the lessor and lessee of such lands on the one part, and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agreement between the parties, such apportionment shall be settled by the arbitrator, and after such apportionment the lessee of such C. 97. 23 & 24 VICT. lands shall as to all future accruing rent be liable only to so much of the rent as shall be apportioned in respect of the lands not required for the purposes of the special act; and as to the land not so required, and as against the lessee, the lessor shall have the same rights and remedies for the recovery of such portion of rent as previously to such apportionment he had for the recovery of the whole rent reserved by such lease: and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to that part of the land which shall not be required for the purposes of the special act, in the same manner as they would have done in case such part only had been included in the lease. Costs in case of traverse. Acts to be as one act, and to be perpetual. Short title. VII. In case upon the trial of any traverse under the provisions of the said act it shall appear that the sum awarded to the traverser by the jury shall be less than the sum awarded by the arbitrator, it shall be lawful for the judge, if he shall think fit, to adjudge that such traverser is not entitled to any costs of such traverse, or that the company is entitled to costs not exceeding the sum of ten pounds against such traverser; and such adjudication of such judge shall be entered in the crown book, and such costs so awarded shall be deducted from the purchase or compensation money payable by the company to such traverser, or shall be recovered from him by distress in like manner as is provided by the fifty-third section of "The Lands Clauses Consolidation Act, 1845," with respect to costs payable to promoters. VIII. "The Railways Act, (Ireland,) 1851," as amended by this act, and this act, shall be read together as one act, and shall be made perpetual, and this act shall be held to be incorporated with that act in any act already or hereafter incorporating that act. IX. This act may be cited as "The Railways Act, (Ireland,) 1860." Tramways in Ireland. cxxvii TRAMWAYS (IRELAND) ACT, 1860.* (23 & 24 VICT. c. 152.) An Act to facilitate internal Communication in Ireland by means of Tramroads or Tramways.-[28th August 1860.] WHEREAS it would be of great public and local advantage if powers were given to persons desirous to promote the construction of tramways in Ireland to make use for that purpose, under proper control, of public roads, post roads, and common highways, where the same can be done without injury to public interests, and to purchase and hold such lands contiguous to such roads and highways, or agreed to be sold by the owners, as shall be found useful and necessary for the completion of such undertakings, and to use such tramways for the conveyance of passengers, produce, minerals, merchandise, and other goods, in carriages, waggons, and trucks moved by animal power: 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: tisement as in I. Any persons intending to apply under this act for Notice by adver authority to make and maintain a tramway, which persons are schedule (A.) hereinafter called the promoters, shall in the months of April part i... and May (a) or either of them, immediately preceding the application, publish notice of their intention by advertisement, according to the regulations contained in schedule (A.) to this act, parti. Provided always, that it shall not be competent to make application for a tramway or tramways under the provisions of this act to unite places between which statutory powers for making a railway or railways for directly connecting the same shall have been granted and be in force. (a) See s. 4 of the Tramways (Ireland) Amendment Act, 1861, (24 & 25 Vict. c. 102), post. in schedule (A.) II. On or before the first day of May in the same year, the Deposit of plan, promoters shall deposit with the secretary of the grand jury of section, &c., as any county within which the tramway is proposed to be made-part ii. 1. A copy of the advertisement published by them; See the Tramways (Ireland) Amendment Act, 1861, (24 & 25 Vict. c. 102,) post. |