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RAILWAY ACT (IRELAND) 1851 - SECT 26

Parties dissatisfied with award, &c., may enter a traverse at assizes.

26. Where the party named in any certificate issued under the provisions
herein-before contained of the amount of the price or compensation ascertained
by any award under this Act (or any party claiming under the party so named)
shall be dissatisfied with the amount in such certificate certified to be
payable, and where any party claiming any interest in any monies so paid into
court as aforesaid shall be dissatisfied with the amount of the price or
compensation in respect of which such monies shall be so paid into court, and
where any party interested in land adjoining any railway shall be dissatisfied
with any award under this Act, so far as respects any works for the
accommodation of such lands thereby awarded to be made and maintained by the
company, or which such party may claim to have so made and maintained, it
shall be lawful for such party, at the assizes for the county in which the
lands are situate, ... in the term, next following the giving of such
certificate or the payment of such money into court or (if the claim be only
in respect of accommodation works) the making of the award, or, where such
assizes are holden or such term begins within less than twenty-one days after
the giving of such certificate or the payment of such money or the making of
the award, then at the next subsequent assizes, or in the next subsequent term
(as the case may be) upon giving ten days notice in writing previously to such
assizes or term respectively to the secretary of the company of the amount or
the accommodation works intended to be claimed, to have a traverse for damages
entered in the crown book in respect of such claim; and thereupon such
traverse shall be tried in like manner, and like proceedings shall be had, and
subject to like provisions, as far as the same can be applied, as in the case
of traverses entered for damages under the Acts for consolidating and amending
the laws relating to the presentment of public monies by grand juries in
Ireland: Provided always, that the sum to be awarded or allowed as the costs,
charges, and expenses of the trial of every such traverse for damages shall in
no case exceed the sum of twenty pounds; and further that no party shall have
any other remedy for the purpose of impeaching the amount of any price or
compensation ascertained by any such award as aforesaid, or the sufficiency of
the accommodation works awarded thereby, other than by means of such traverse
as aforesaid, anything in any Act to the contrary notwithstanding: Provided
also, that the jury which shall try such traverse shall be sworn a true
verdict to give, whether any and what damages will be sustained by the
traverser, regard being had to the value of the lands of such traverser
required, and to the injury to any lands of such traverser injuriously
affected by the works of the company, or (as the case may be) as to what
accommodation works ought to be made and maintained by the company for the
accommodation of the lands of the traverser, or to the like effect
respectively, as the case may be.Damages to be in lieu of monies payable under
the certificate and payment thereof to discharge the company.

© 1851 Crown Copyright

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