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RAILWAYS ACT (IRELAND) 1860

RAILWAYS ACT (IRELAND) 1860 - LONG TITLE

An Act for amending and making perpetual the Railways Act, Ireland,
1851.{1}
[13th August 1860]
Preamble, which recites the Railways Act (I) 1851 (c.70), rep. by
SLR 1892

After deposit of draft award company may, upon deposit of such
amount as arbitrator may think fit, enter on lands.

RAILWAYS ACT (IRELAND) 1860 - SECT 2

2. ... 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 [paying into
the Supreme Court of Judicature of Northern Ireland] 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 Court], then until the same with such
interest is paid into [the said Court] 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.

S.3 rep. by SLR 1892; 1978 c.23 s.122(2) sch.7 Pt.I

RAILWAYS ACT (IRELAND) 1860 - SECT 4
Deposit to remain as a security, and to be applied under direction
of the High Court.

4. ... The sum or sums of money so [paid into the Supreme Court
is] 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 upon such payment as aforesaid by the company
it shall be lawful for the [High Court of Justice in Northern
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.

RAILWAYS ACT (IRELAND) 1860 - SECT 5
Apportionment of rentcharge, &c. where part only of the lands
charged is required.

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.

RAILWAYS ACT (IRELAND) 1860 - SECT 6
Apportionment of rent of lands under lease, where part only of such
lands is required.

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.

S.7 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

RAILWAYS ACT (IRELAND) 1860 - SECT 8
Construction.

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.

RAILWAYS ACT (IRELAND) 1860 - SECT 9
Short title.

9. This Act may be cited as "The Railways Act (Ireland), 1860."