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RAILWAYS ACT (IRELAND) 1864

RAILWAYS ACT (IRELAND) 1864 - LONG TITLE

An Act for amending and extending the Railways (Ireland) Act, 1851,
and the Railways (Ireland) Act, 1860.
[25th July 1864]
Preamble, which recites the Railways Act (I) 1851 (c.70) and the
Railways Act (I) 1860 (c.97), rep. by SLR 1893

RAILWAYS ACT (IRELAND) 1864 - SECT 1
Company, if dissatisfied with award of arbitrator under recited Acts,
directing payment of a sum exceeding #500, may traverse.

1. In all cases 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
dissatisfied 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.

Ss.2, 3 rep. by 1953 c.19 (NI) s.11 sch.2

RAILWAYS ACT (IRELAND) 1864 - SECT 4
View by 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 6
The party objecting shall deliver to the judge a note in writing,
stating objection, and grounds thereof.

6. The party so objecting shall deliver to the judge at the time
of such trial a note in writing, stating such objection and the
grounds thereof, and shall and may prepare a case, stating the
facts and matters appearing in evidence so far as may be necessary,
and the ruling of the judge, and the objections to such ruling;
and such case may be accompanied by an appendix containing copies
of the material documents; and all proceedings shall be taken with
respect to the settlement of such case, and within the same period,
as are taken in Ireland with respect to bills of exceptions to the
direction of a judge at nisi prius.

RAILWAYS ACT (IRELAND) 1864 - SECT 7
Special case, when settled and signed by the judge, to be filed,
and adjudicated on.

7. Such special case and the appendix thereto, when settled and
signed by the said judge, shall be filed in such one of the
Superior Courts as the said judge shall direct; and such Court
shall proceed to adjudicate on the same in like manner as upon a
special case stated under the said Common Law Procedure Act, and
the adjudication of such Court shall be final.

RAILWAYS ACT (IRELAND) 1864 - SECT 8
Court may direct on issue or other inquiry, or amendment of case,
&c.

8. It shall be lawful for such Court, upon the hearing of such
special case, to direct any issue to be tried, or any valuation or
other inquiry to be made, or the said case to be amended in any
way, or other act to be done, which such Court may deem proper,
in order finally to adjudicate upon and determine the rights of the
parties.

RAILWAYS ACT (IRELAND) 1864 - SECT 9
Judgment upon special case to be equivalent to judgment in an
action.

9. The judgment or order of the said Court upon such special case
shall be equivalent to a judgment of the said Court in a personal
action between the parties.

RAILWAYS ACT (IRELAND) 1864 - SECT 10
Costs of appeal.

10. In all cases where the company shall take any proceedings by
way of appeal as aforesaid the costs thereof shall be ordered to
be paid by them; but in cases where the company shall be
respondent in such appeal the costs of such proceedings shall follow
the event, and be included in the ultimate judgment of the Court
of Appeal.

RAILWAYS ACT (IRELAND) 1864 - SECT 11
Settlement of compensation in respect of lands temporarily occupied.

11. The amount of the purchase money or other compensation payable
by the company in respect of lands temporarily occupied by them
during the construction of the works, in case the parties shall
differ about the same, shall be determined in manner following: The
person claiming such purchase money or compensation shall deliver to
the arbitrator a short statement in writing, setting forth the
nature and amount of such claim, and shall also and at the same
time deliver to the company a copy of the same; and the like
proceedings in all respects shall be had with respect to such claim
as are by the aforesaid Acts or by this Act directed to be taken
with respect to a claim for compensation for lands taken or
injuriously affected by the execution of the works; and the
arbitrator shall have full jurisdiction to entertain such claim, and
determine the amount payable in respect thereof, although the lands
so temporarily occupied may not be contained in the maps and plans
deposited with him; and the said arbitrator may include the amount
so ascertained by him as last aforesaid in his general award, or
may make a special award in relation to the same in case it shall
be necessary or convenient so to do, such special award to be made
in the like manner, and to be subject to the like provisions in
all respects, as such general award; and all the enactments
expressly or by reference or incorporation contained in the said
Acts or in this Act with respect to purchase money or compensation
ascertained by the award of the arbitrator in respect of lands
permanently taken by the company shall be applicable to the purchase
money or compensation ascertained as aforesaid by the arbitrator in
respect of lands so temporarily occupied as aforesaid.

RAILWAYS ACT (IRELAND) 1864 - SECT 12
Taxation of costs of conveyances, when payable by company.

12. In all cases where costs of conveyances shall be payable by
the company such costs shall be taxed by one of the taxing masters
of the Court of Chancery in Ireland upon the requisition of such
company; and all the provisions of any Act of Parliament, and all
rules and regulations of the courts of law and equity in Ireland,
relating to the taxation of costs, shall be deemed applicable to
such costs so payable by the company, in like manner in all
respects as if the said company were directly chargeable therewith.

RAILWAYS ACT (IRELAND) 1864 - SECT 13
Construction of term ""company.''

13. In the construction of the Railways Act (Ireland) 1851, and the
Railways Act (Ireland) 1860, and of this Act, the expression
"company" shall include any parties, whether company, undertakers,
commissioners, drainage board, corporation, or private persons,
empowered to execute any work or undertaking, and to take or use
any land, mills, or other hereditaments compulsorily, under the
provisions of any general or special Act of Parliament already or
hereafter incorporating the said recited Acts and this Act, or any
of such Acts.

RAILWAYS ACT (IRELAND) 1864 - SECT 14
Company not taking possession of or paying for land within a
fortnight after award is lodged shall on taking possession pay the
value of any crops not included in award.

14. When any railway company shall not take possession of or pay
for any land within one fortnight from the lodgement of the final
award of the arbitrator with the [chief clerk], the said company
shall, before taking possession of the same, in addition to the sum
awarded by the arbitrator, pay to the occupant of any land to be
taken the value of any crop existing upon or in the land at the
time of taking possession of same, and which has not been included
in said award; such value to be determined by any three justices
of the petty sessions district in which such lands may be situated,
one to be named by the railway company, one by the occupant of
such land, and the third by the two justices so named.

RAILWAYS ACT (IRELAND) 1864 - SECT 15
Maintenance by railway companies of fences and drains for
accommodation of adjoining lands.

15. Every railway company in Ireland shall cause proper fences to
be made and maintained for separating the land taken for the use
of the railway from the adjoining lands not taken, and shall also
provide and maintain proper drains or other passages, 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 railway, in the same
manner and to the same extent as it was 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 16
Powers of arbitrator.

16. The arbitrator so appointed shall have and exercise all 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 17
The company shall make fences, &c. as directed by award; but not
so as to prevent use of railway, nor where compensation has been
paid in lieu of works.

17. 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 18
Acts to be read together, and this Act incorporated where recited
Acts are.

18. 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.

RAILWAYS ACT (IRELAND) 1864 - SECT 19
Short title.

19. This Act may be cited as "The Railways Act (Ireland), 1864."