Railways (Ireland) Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 71 |
| Year | 1864 |
(27 & 28 Vict.) C A P. LXXI.
[25th July 1864]
'WHEREAS it is expedient that the ‘Railways Act,Ireland , 1851,’ and the ‘Railways Act, Ireland , 1860,’ should be amended, and the Provisions thereof extended, as herein-after 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:
1 The Company, if dissatisfied with Award, in Cases exceeding 500l, may traverse.
1. In all Casts where the Amount of Money which the Arbitrator appointed under the Provisions of the said Acts, or either of them, shall have awarded to be paid by the Company to any Person in respect of any Estate or Interest in Lands shall exceed the Sum of Five hundred Pounds it shall be lawful for the Company, if dissatisfied with such Award, upon giving to such Person within Ten Days next after the Date of such Award Notice in Writing of their Intention to appeal therefrom, to have a Traverse entered by the Company in the Crown Book in respect of such Award, at the same Time and in like Manner in all respects as are provided by the aforesaid Acts with respect to Traverses taken by Persons dissatified with any Award, and the like Proceedings shall be taken with respect to a Traverse so taken by the Company, and the Verdict of the Jury upon such Traverse shall have the like Effect as in the Case of a Traverse taken by a Person so dissatisfied: Provided always, that in all Cases where a Traverse shall be so taken by the Company, if the Verdict of the Jury shall be for a Sum less than that awarded by the Arbitrator, the Company shall nevertheless pay to the other Party to such Traverse such Sum not exceeding Twenty Pounds for the Costs of such Traverse as the Judge before whom the same is tried shall direct; and in case the Verdict of the Jury shall be for a Sum equal to or exceeding the Award of the Arbitrator, then and in that Case the Company shall pay to the other Party the Costs of the Traverse, such Costs to be taxed and ascertained in the same Manner as Costs are by Law ascertained on the Trial of an Issue from the Court of Queen's Bench.
2 Power to have Special Jury.
2. In all Cases of Traverse taken upon an Award of the Arbitrator, the Company or Person Appellant shall be entitled to have the same tried by a Special Jury upon giving Notice in Writing to the Respondent in such Traverse of their or his Intention that the same shall be so tried Ten Days previous to the Assizes or Term respectively (as the Case may be), and the Respondent in such Traverse shall be so entitled upon giving the like Notice Six Days before the said Assizes or Term: Provided that any Judge of any of the Superior Courts sitting in Chamber or at Nisi Prius may at any Time order that such Traverse shall be tried by a Special Jury upon such Terms as he may think fit.
3 Notice to be given to the Sheriff of Special Jury.
3. Where Notice has been given to try by Special Jury either Party may, Six Days before the First Day of the Assizes or of the Term, as the Case may be, give Notice to the Sheriff that such Action is to be tried by a Special Jury; and in case no such Notice has been given, or the Notice has not been given in sufficient Time, no Special Jury need be summoned to attend, and such Traverse shall be tried before a Common Jury unless otherwise ordered by the Judge before whom the same shall be tried.
4 Either Party entitled to have the Premises viewed by the Jury.
4. Either Party to such Traverse shall be entitled to have the Premises viewed by the Jury, and for that Purpose it shall be sufficient to obtain an Order of any such Judge as aforesaid directing a View to be had, and thereupon all such Proceedings shall be had as are directed by the ‘Common Law Procedure Amendment Act,Ireland , 1853,’ Section 116, with respect to View Juries.
5 Either Party may appeal from Ruling of Judge.
5. In case either Party shall be dissatisfied at the Trial of such Traverse with the Ruling of the Judge upon any Matter of Law, he shall be entitled to appeal from such Ruling in the Manner herein contained.
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