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Cesser of wayleaves payable to the Dublin and Dun Laoghaire Corporations.
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52.—(1) In this section, the expression “road authority” means any authority being—
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(a) the Dublin Corporation, or
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(b) the Corporation of Dun Laoghaire.
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(2) The Wayleaves, which immediately before the establishment date were payable by the dissolved transport company to each of the road authorities, shall cease to be payable in respect of any period commencing on or after the establishment date.
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(3) The Company shall pay compensation to each road authority, in respect of the cesser effected by this section of the wayleaves which were immediately before the establishment date payable by the dissolved transport company to that road authority, and the amount of the compensation shall, in default of agreement, be determined by an arbitrator appointed by the Chief Justice at the request of the Minister.
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(4) In fixing the compensation payable to any road authority under this section the arbitrator shall have regard to all the circumstances of the case and may have regard, so far as he considers equitable, to the extent to which the roadways of that road authority have ceased to be used or will cease to be used for the purpose of tramways.
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(5) The remuneration of the arbitrator appointed to determine the amount of the compensation payable to a road authority under this section shall be fixed by the Chief Justice and shall be paid by the Company.
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(6) The arbitrator appointed to determine the compensation payable by the company to a road authority under this section may, as respects the costs and expenses of the parties in the proceedings before him, by his award and at his discretion—
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(a) direct the Company to pay a sum (to be measured by him) towards the costs and expenses of that road authority, or
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(b) direct that road authority to pay a sum (to be measured by him) towards the costs and expenses of the Company, or
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(c) direct the Company and that road authority respectively to abide their own costs.
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(7) Compensation payable to a road authority under this section shall bear interest at the rate of three per cent. per annum as on and from the establishment date until the date of payment of the compensation.
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