27 & 28 VICT. 0. 71. matter shall arbitrator. sages 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 works, and, if so, railway, in the same manner and to the same extent as it was be referred to an conveyed from or to the said lands before the making of the railway, or as 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. Arbitrator shall have all the bitrator appoint ed under 14 & 15 Vict. c. 70, and 23 & 24 Vict. c. 97. XVI. The arbitrator so appointed shall have and exercise all powers of an ar- 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." The company shall obey the award of the arbitrator, ex. cept in certain cases. This act, and 14 & 15 Vict. c. 70 and 23 & 24 Vict. c. 97, to be read together. Short title. 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. 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 incorporating those acts or any of them. XIX. This act may be cited as the Railways Act, (Ireland,) 1864. Lord Campbell's Act-Amendments. 27 & 28 VICT. c. 95. clxix An Act to amend the Act* ninth and tenth Victoria, chapter ninety-three, for compensating the Families of Persons killed by Accident.-[29th July 1864.] 93. 27 & 28 VICT. c. 95. WHEREAS by an act passed in the session of Parliament holden in the ninth and tenth years of Her Majesty's reign, intituled, "An Act for compensating the Families of Persons killed by 9 & 10 Vict. c. Accident," it is amongst other things provided, that every such action as therein mentioned shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused as therein mentioned, and shall be brought by and in the name of the executor or administrator of the person deceased: And whereas it may happen by reason of the inability or default of any person to obtain probate of the will or letters of administration of the personal estate and effects of the person deceased, or by reason of the unwillingness or neglect of the executor or administrator of the person deceased to bring such action as aforesaid, that the person or persons entitled to the benefit of the said act may be deprived thereof; and it is expedient to amend and extend the said act as hereinafter mentioned: 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: brought within son killed, then I. If and so often as it shall happen at any time or times Where no action hereafter in any of the cases intended and provided for by the six months by said act that there shall be no executor or administrator of the executor of perperson deceased, or that there being such executor or adminis- action may be trator no such action as in the said act mentioned shall within brought by persons beneficially six calendar months after the death of such deceased person as interested in therein mentioned have been brought by and in the name of result of action. his or her executor or administrator, then and in every such case such action may be brought by and in the name or names of all or any of the persons (if more than one) for whose benefit such action would have been, if it had been brought by and in the name of such executor or administrator; and every action so to be brought shall be for the benefit of the same person or persons, and shall be subject to the same regulations and procedure as nearly as may be, as if it were brought by and in the name of such executor or administrator. See this act, (Lord Campbell's Act,) ante. 27 & 28 VICT. C. 95 court may be into shares. II. And whereas by the second section of the said act it is provided that the jury may give such damages as they may Money paid into think proportioned to the injury resulting from such death to the parties respectively for whom and whose benefit such action shall be brought, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided between the before-mentioned parties in such shares as the jury shall by their verdict direct: Be it enacted and declared, That it shall be sufficient, if the defendant is advised to pay money into court, that he pay it as a compensation in one sum to all persons entitled under the said act for his wrongful act, neglect, or default, without specifying the shares into which it is to be If not accepted, divided by the jury; and if the said sum be not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the jury shall think the same sufficient, the defendant shall be entitled to the verdict upon that issne. defendant en titled to verdict on the issue. This and recited act to be read as one. III. This act and the said act shall be read together as one act. Short title. Interpretation of terms. RAILWAY COMPANIES' POWERS ACT, 1864. (27 & 28 VICT. c. 120.) An Act to facilitate in certain Cases the obtaining of further WHEREAS it is expedient that in certain cases railway companies be enabled to obtain further powers on complying with the conditions of a general act of Parliament, without being obliged to procure in each case a special act: 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: Preliminary. I. This act may be cited as The Railway Companies' Powers Act, 1864. II. In this act The term "railway" includes works connected with or for Cases in which Certificate Obtainable. clxxi the The term 66 The term "the Board of Trade" means the Lords of the Description of Cases within this Act. c. 120. III. This act shall take effect and apply in each of the cases Act to apply in following; namely, 1. Where a railway company are desirous that authority The use and working (a) of the railways or railway, or The fixing, collecting, and apportionment of the tolls, The joint ownership, maintenance, management, and use 2. Where a railway company are desirous of obtaining an 3. Where a railway company incorporated by special act or by certificate under The Railways Construction Facilities. Act, 1864 (e), are desirous of obtaining authority to raise additional capital. cases therein named. 27 & 28 VICT. c. 120. As to application for certificate by company to Board of Trade. Said Board to inquire if require (a) See s. 87 of the Railways Clauses Act, 1845, ante, 396, et seq. Application for Certificate. IV. In any such case the company, if desirous to obtain a certificate under this act, shall proceed as follows; namely, 1. They shall apply to the Board of Trade for a certificate under this act : 2. They shall lodge at the office of the Board of Trade a draft of the certificate as proposed by them: 3. They shall publish notice of the application according to the general rules under this act (a). (a) See the schedule to this act, part i., post. V. As soon as conveniently may be after the time for comments have been pletion of the required notice, the Board of Trade shall proceed complied with; to inquire whether the company have complied with the requirements of the general rules respecting notice. and to consider all representa VI. The Board of Trade, before settling a draft of a certitions and objec- ficate, shall take into consideration any representation made to them, and shall duly inquire into the merits of any objection brought before them, respecting the application. tions. On railway or canal company tion proceedings before Board of Trade to cease. Opposition of Railway or Canal Company to Application. VII. If in any case any railway or canal company desire to be affected giving heard by counsel, agents, and witnesses against the application notice of opposi of the promoters, and (within such time as is prescribed by general rules under this act) lodge at the office of the Board of Trade a notice in writing to that effect (hereinafter referred to as a notice of opposition) in the form set forth in the schedule to this act, (with such variations as circumstances require,) in that case the Board of Trade, if the railway or canal company lodging the notice would be affected in any way by the proposed certificate, shall not proceed on the application of the pro Further proceedings to be in Parliament. moters. VIII. Where the Board of Trade do not proceed on the application they shall, not later in any year than the fifteenth day of February, if Parliament is then sitting, and if not, then within seven days after the next meeting of Parliament, lay before both Houses of Parliament a copy of the draft certificate lodged by the promoters and of the notice of opposition; and |