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RAILWAYS ACT (IRELAND) 1860
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CHAPTER XCVII.
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An Act for amending and making perpetual the Railways Act, Ireland, 1851.[1]
[13th August 1860.]
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[Preamble recites 14 & 15 Vict. c. 70.]
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[S. 1 substitutes words in 14 & 15 Vict. c. 70. ss. 8, 9. See those sections.]
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After deposit of draft award company may, upon deposit of such amount as arbitrator may think fit, enter on lands.
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2. [Repeal of 14 & 15 Vict. c. 70. s. 22.] When the company are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter thereon under the provisions in the said Act, as amended by this Act, it 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 authorized 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, 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 interest 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 purchase money 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.
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Mode of deposit.
14 & 15 Vict. c. 70.
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3. [Repeal of 14 & 15 Vict. c. 70. s. 23.] 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.
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Deposit to remain as a security, and to be applied under direction of the Court of Chancery.
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4. [Repeal of 14 & 15 Vict. c. 70. s. 24.] The sum or sums of money so deposited as last aforesaid shall remain in the Bank by way of security to the parties respectively in respect of whose interests in the lands which shall so have been entered upon such sum or sums shall have been deposited, for the payment of the money to become payable by the company to such 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.
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Apportionment of rentcharge, &c. where part only of the lands charged is required.
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5. If part only of the lands charged with any rentcharge or fee-farm rent be required to be taken for the purposes of the special Act, the apportionment of any such rent or rentcharge may be settled by agreement between the party entitled to the 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.
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Apportionment of rent of lands under lease, where part only of such lands is required.
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6. If any lands shall be comprised in a lease for a life or lives or for a term of years unexpired, part only of which lands shall be required for the purposes of the special Act, the rent payable in respect of the lands comprised in such lease shall be apportioned between the lands so required and the residue of such lands; 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 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.
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Costs in case of traverse.
8 & 9 Vict. c. 18.
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7. 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 as 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.
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Construction.
14 & 15 Vict. c. 70.
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8. The Railways Act (Ireland), 1851, as amended by this Act, and this Act, shall be read together as one Act; and this Act shall be held to be incorporated with that Act in any Act already or hereafter incorporating that Act.
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Short title.
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9. This Act may be cited as “The Railways Act (Ireland), 1860.”
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[1 Short title, “The Railways Act (Ireland), 1860.” See s. 9.] |
