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RAILWAY ACT (IRELAND) 1851

RAILWAY ACT (IRELAND) 1851 - LONG TITLE

An Act to alter and amend certain provisions of the Lands Clauses
Consolidation Act, 1845, so far as relates to Ireland.{1}
[7th August 1851]
Preamble rep. by SLR 1892

RAILWAY ACT (IRELAND) 1851 - SECT 1
Short title.

1. In citing this Act in other Acts of Parliament, legal
instruments, proceedings at law or in equity, and all other
instruments and proceedings whatsoever, it shall be sufficient to use
the expression "The Railways Act (Ireland), 1851."

RAILWAY ACT (IRELAND) 1851 - SECT 2
Act to apply to railways authorized by Acts of this and future
sessions and to those heretofore authorized.

2. This Act shall apply to every railway in Ireland authorized to
be made by any Act passed in this session of Parliament, or which
shall hereafter be passed, and which shall authorize the purchase or
taking of lands for such railway, and also to every railway or
portion of a railway in Ireland by any Act heretofore passed
authorized to be made, in relation to which the compulsory powers
for taking lands are still in force; and this Act shall be
incorporated with and form part of the Acts authorizing the said
undertakings ...

RAILWAY ACT (IRELAND) 1851 - SECT 3
Certain provisions of 1845 c.18 not to apply to railways to which
this Act applies.

3. The clauses of the Lands Clauses Consolidation Act, 1845, with
respect to the purchase and taking of lands otherwise than by
agreement, except sections sixteen and seventeen of the said Act,
shall not be applicable or in force with respect to any railway or
portion of a railway in Ireland to which this Act applies.

RAILWAY ACT (IRELAND) 1851 - SECT 4
Company to deposit maps, schedules, and estimates at the office of
Public Works, and copies thereof with the chief clerks for county
court divisions.

4. When and so often as any company authorised to make a railway
to which this Act applies shall require to purchase or take any
lands which they are by the special Act authorized to purchase or
take, the company shall cause to be made out, and to be signed by
their engineer and secretary, maps or plans and schedules of the
lands so required (and for the purchase of which lands, or of all
the several interests in which lands, the company shall not have
contracted), and also of the works which the company propose to
make and maintain for the accommodation of lands adjoining the
railway (and for compensation in lieu of which the company shall
not have contracted), together with the names of the owners or
reputed owners, lessees or reputed lessees, and occupiers of the
said lands respectively, so far as the same can be reasonably
ascertained, with estimates of the gross annual value and the value
in fee of such lands so required to be purchased or taken as
aforesaid, and for the purchase of which, or of all the several
interests in which, the company shall not have contracted, and the
separate and distinct value of each such interest which the company
shall not have contracted to purchase, so far as the same can be
reasonably ascertained (taking into consideration damage by severance,
and any other matters by the Lands Clauses Consolidation Act, 1845,
required to be considered, if necessary); and every such map or
plan shall be upon a scale of not less than one inch to every
two hundred feet; and all lands, buildings, yards and courtyards,
and lands within the curtilage of any building, and ground
cultivated as a garden, shall be marked thereon with distinct
numbers corresponding with the numbers marked upon the parliamentary
plans of the railway, and shall have put thereon a distinct
valuation to each number; and all bridges, roads, and other works
proposed to be made for the use and accommodation of the owners,
lessees, and occupiers of the lands adjoining the railway shall also
be marked on the said maps or plans; and the company shall deposit
such maps or plans, schedules and estimates, at the office of the
Commissioners of Public Works in Ireland, and a copy of such maps
or plans, schedules and estimates, or so much thereof as relates to
every county in or through which the railway is proposed to be
made, with the [chief clerks for the county court divisions], ....

RAILWAY ACT (IRELAND) 1851 - SECT 5
Commissioners of Public Works to appoint an arbitrator, on
application of company.

5. After such deposit at the office of the said commissioners as
aforesaid, it shall be lawful for the said commissioners, upon the
application of the company, to appoint an arbitrator between the
company and the persons interested in the lands to which such maps
or plans, schedules and estimates relate; and such arbitrator shall,
in relation to the lands required and the works to be made and
maintained by the company, as herein mentioned, be the arbitrator
under this Act; and if any such arbitrator die, or refuse, decline,
or become incapable to act, the said commissioners may appoint an
arbitrator in his place, who shall have the same powers and
authorities as the arbitrator first appointed.

RAILWAY ACT (IRELAND) 1851 - SECT 6
Arbitrator may call for documents and administer oaths.

6. The arbitrator may call for the production of any documents in
the possession or power of the company, or of any party making any
claim under the provisions of this Act, which such arbitrator may
think necessary for determining any question or matter to be
determined by him under this Act, and may examine any such party
and his witnesses, and the witnesses for the company, on oath, and
administer the oaths necessary for that purpose.

RAILWAY ACT (IRELAND) 1851 - SECT 7
Arbitrator to make and subscribe declaration.

7. Before any arbitrator shall enter upon any inquiry he shall, in
the presence of a justice of the peace, make and subscribe the
following declaration; that is to say,

", A.B., do solemnly and sincerely declare, that I will faithfully
and honestly, and to the best of my skill and ability, hear and
determine the matters referred to me under the provisions of the
Act [naming this Act].

Made and subscribed in the presence of < .'

Maps, &c. deposited with Commissioners of Public Works to be
deliverd to arbitrator.

RAILWAY ACT (IRELAND) 1851 - SECT 8

8. Upon the first appointment of an arbitrator as aforesaid, the
said commissioners shall deliver to such arbitrator the maps or
plans, schedules and estimates, deposited at their office as
herein-before required; and the company shall forthwith after such
appointment publish notice of such appointment, and of such deposits
as herein-before directed with [the chief clerks for the county
court divisions] ..., once in the [Belfast Gazette] and once in
each of three successive weeks in some one and the same newspaper
circulated in the county in which the lands are situate, stating
the times and places of such deposits, and requiring all persons
claiming to have any right to or interest in the lands required
for the purposes of the railway, and specified in such maps or
plans, or to have compensation for any injury to any lands
injuriously affected by the execution of the works of the company,
or to have any works made by the company for the accommodation of
lands adjoining the railway, to deliver to the arbitrator, on or
before a day fixed by the arbitrator and named in such notice,
(and which day shall not be earlier than [twenty-one] days from the
date of the insertion of the last of such newspaper notices,) a
short statement in writing of the nature of such claim; and upon
the appointment of any arbitrator in the place of an arbitrator
dying, or refusing, declining, or becoming incapable to act, all the
documents relating to the matter of the arbitration which were in
the possession of such arbitrator shall be delivered to the
arbitrator appointed in his place; and the company shall publish
notice of such appointment in the [Belfast Gazette].Draft award to
be deposited and notice to be given thereof, &c.Award to be final,
and to be deposited, &c.

RAILWAY ACT (IRELAND) 1851 - SECT 9
Meetings for hearing objections to draft award.

9. The arbitrator shall, after the expiration of the period within
which such claims are required to be delivered to him as aforesaid,
proceed to inquire into and adjudicate upon the value of the lands
required for the purposes of the railway, and specified in such
maps or plans, and 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, and the purchase money to be paid
for such lands, and the compensation to be paid for injury to any
lands injuriously affected by the execution of the works of the
company, and to inquire and determine what works should be made and
maintained by the company for the accommodation of lands adjoining
the railway; and the arbitrator shall, after due inquiry and
examination, frame a draft award setting forth the price or
compensation to be paid by the company in respect of the several
interests in the lands so required and specified or injuriously
affected, and the works to be made and maintained by the company
for the accommodation of lands adjoining the railways; and where any
inquiry relates not only to the value of the lands to be
purchased, but also to compensation claimed for injury done or to
be done to any lands held therewith, the arbitrator shall award
separate and distinct sums to be paid for the purchase of such
lands, or of any interest therein to which the inquiry may relate,
and for the damage (if any) to be sustained by reason of the
severing of the lands taken from the other lands, or otherwise
injuriously affecting such other lands by the exercise of the powers
of the company; and such draft award, and copies thereof, or of so
much thereof as relates to lands in the respective counties and
electoral divisions, shall be deposited as herein-before directed
concerning the said maps or plans, schedules and estimates, and
copies thereof, or of so much thereof as aforesaid; and the
arbitrator shall cause notice of such award to be given to all
persons entitled to payment or compensation under the same, or who
shall have been heard before such arbitrator as claimants for
compensation, and also shall cause notice to be published as
herein-before directed concerning notice of the deposit of copies of
the said maps or plans, schedules and estimates, or so much thereof
as aforesaid, of the deposit of copies of such draft award, or of
so much thereof as aforesaid, and shall in such notices appoint a
time and place, or times and places for holding a meeting or
meetings to hear objections against such draft award (the first such
meeting to be not earlier than [fourteen] days after the last day
of publication of the said notice), and shall hold such meeting or
meetings accordingly, and thereat hear and determine any objections
which may then and there be made to such draft award by any
person interested therein, or adjourn the further hearing thereof, if
the arbitrator see fit, to a future meeting, and may take any
measures which he may deem proper for ascertaining the value of any
such lands or interests as aforesaid, or the justice or propriety
of any other matter of such draft award, and may from time to
time, if he see occasion, appoint and hold further meetings for
hearing and determining objections to such draft award, of which
further meetings, when not holden by adjournment, notice shall be
given in manner herein-before directed; and when the arbitrator has
heard and determined all such objections, and made such inquiries as
he may think necessary in relation thereto, and made such
alterations (if any) as he may deem proper in the draft award, he
shall make his award under his hand and seal accordingly; and every
such award shall be binding and conclusive, subject to the
provisions concerning traverse herein-after contained, upon all persons
whomsoever; and no such award shall be set aside for irregularity
in matter of form; and every such award, and copies thereof, or of
so much thereof as relates to lands in the respective counties and
electoral divisions, shall be deposited as herein-before directed with
respect to the said maps or plans, schedules and estimates, and
copies thereof, or of so much thereof as aforesaid; and the company
shall thereupon publish notice, as herein-before directed concerning
notice of the deposit of copies of such maps or plans, schedules
and estimates, or of so much thereof as aforesaid, of the deposit
of copies of such award, or of so much thereof as aforesaid, and
requiring all persons claiming to have any right to or interest in
the lands, the price or compensation to be paid in respect of
which is ascertained by such award, to deliver to the company, on
or before a day to be named in such notice (such day not being
earlier than thirty-one days from the date of the last publication
of the notice), a short statement in writing of the nature of such
claim, and a short abstract of the title on which the same is
founded; and such statement and abstract shall be paid for by the
company.

RAILWAY ACT (IRELAND) 1851 - SECT 10
Separate awards may be made as to lands in the several electoral
districts or otherwise.

10. Provided always, that the arbitrator may make several awards, so
as to include in a separate award the lands in each electoral
division, or such portion of the lands in relation to which he is
arbritrator as, having reference to the deposits to be made under
this Act, the meetings to be holden, and the inquiries to be made
in relation to such lands, and the convenience of the parties
interested in the matter of the arbitration, he may think fit.

RAILWAY ACT (IRELAND) 1851 - SECT 11
Chief clerks shall take charge of deposited documents.

11. Every [chief clerk for a county court division] ... is hereby
required to retain the documents to be deposited with him under
this Act in his custody, and to permit all persons interested to
inspect the same, and to make copies and extracts of and from the
same, in the like manner, and upon the like terms, and under the
like penalty for default, as is provided by the Parliamentary
Documents Deposit Act, 1837.

RAILWAY ACT (IRELAND) 1851 - SECT 12
Expenses of the arbitrator, &c., to be borne by the company.

12. The salary or remuneration, travelling and other expenses of the
arbitrator, and all costs, charges, and expenses (if any), which
shall be incurred by the said Commissioners of Public Works in
carrying the provisions of this Act into execution, shall be paid
by the company; and the amount of such costs, charges, and expenses
shall from time to time be certified by the said commissioners,
after first hearing any objections that may be made to the
reasonableness of any such costs, charges, and expenses by or on
behalf of the company; and it shall be lawful for the said
commissioners from time to time to require the company to deposit
in the Bank of Ireland, to the credit of the said commissioners
any sum or sums of money, or to give such other security for the
payment of any such costs, charges, and expenses, as to the said
commissioners shall seem fit; and every certificate of the said
commissioners, certifying the amount of such costs, charges, and
expenses, shall be taken as proof in all proceedings at law or in
equity of the amount of such respective costs, charges, and
expenses; and the amount so certified shall be a debt due from the
company to the Crown, and shall be recoverable accordingly.

RAILWAY ACT (IRELAND) 1851 - SECT 13
Payment by the company of costs of parties.

13. It shall be lawful for the arbitrator, where he thinks fit,
upon the request of any party by whom any claim has been made
before him, to certify the amount of the costs properly incurred by
such party in relation to the arbitration; and the amount of the
costs so certified shall be paid by the company; and if within
seven days after demand the amount so certified be not paid to the
party entitled to receive the same, such amount shall be recoverable
by distress, and on application to any justice he shall issue his
warrant accordingly; but no such certificate shall be given where
the arbitrator has awarded the same or a less sum than has been
offered by the company in respect of such claim before the
commencement of the arbitration.

RAILWAY ACT (IRELAND) 1851 - SECT 14
Certificates of amount of compensation to be delivered by company.

14. Within thirty days from the delivery of such statement and
abstract as aforesaid to the company, the company shall, where it
appears to them that any person so claiming is absolutely entitled
to the lands, estate or interest claimed by him, deliver to such
person, on demand, a certificate under the company's seal, stating
the amount of the price or compensation to which he is entitled
under the said award; and where more lands than are included in
one number shall be claimed by the same person, such lands, or the
interests therein, may be included in one certificate, if the
company think fit, such certificates to be prepared by and at the
costs of the company; and where any agreement has been entered into
in respect to the value of the interest of any person in any
lands, or his right to compensation, the company may, where it
appears to them that such person is absolutely entitled, deliver to
such person a like certificate.

RAILWAY ACT (IRELAND) 1851 - SECT 15
Amount mentioned in certificates to be paid to parties on demand,
&c.

15. The company shall, on demand, pay to the party to whom any
such certificate is given, or otherwise as herein provided in the
cases herein-after mentioned, the amount of monies specified to be
payable by such certificate to the party to whom or in whose
favour such certificate is given, his or her executors,
administrators, or assigns; and if the company wilfully make default
in such payment as aforesaid, then the party named in such
certificate shall be entitled to enter up judgment against the
company in the [High Court of Justice in Northern Ireland] for the
amount of the sums specified in such certificate, in the same
manner in all respects as if he had been, by warrant of attorney
from the company, authorized to enter up judgment for the amount
mentioned in the certificate, with costs, as is usual in like
cases; and all monies payable under such certificates, or to be
recovered by such judgments as aforesaid, shall at law and in
equity be taken as personal estate as from the time of the company
entering on any such lands as aforesaid.

RAILWAY ACT (IRELAND) 1851 - SECT 16
When amount mentioned in certificates is paid, company may take
possession.

16. When and so soon as the company have paid to the party to
whom any such certificate as aforesaid is given, or otherwise, as
herein provided in the cases herein-after mentioned, the amount
specified to be payable by such certificate to the party to whom
or in whose favour the certificate is given, his executors,
administrators, or assigns, it shall be lawful for the company, upon
obtaining such receipt as herein-after mentioned, from time to time
to enter upon any lands in respect of which such certificate is
given, and thenceforth to hold the same for the estate or interest
in respect of which the amount specified in such certificate was
payable.

RAILWAY ACT (IRELAND) 1851 - SECT 17
Receipts duly stamped to operate as a conveyance.

17. In every case in which any monies are paid by any company
under the provisions of this Act for such price or compensation as
aforesaid, the party receiving such monies shall give to the company
a receipt for the same; and such receipt shall have the effect of
a grant, release, and conveyance of all the estate and interest of
such party, and of all parties claiming under or through him, in
the lands in respect of which such monies are paid, so as such
receipt shall have an ad valorem stamp of the same amount impressed
thereon in respect of the purchase monies mentioned in such
certificate (but exclusive of the amount of compensation for damage
by severance or other injury) as would have been necessary if such
receipt had been an actual conveyance of such estate or interest,
every such receipt to be prepared by and at the costs of the
company.

RAILWAY ACT (IRELAND) 1851 - SECT 18
Payment of monies where parties making claims are not absolutely
entitled, or are under disability, or title is not satisfactorily
deduced.

18. If it appear to the company, from any such statement and
abstract as aforesaid, or otherwise, that the party making any such
claim as aforesaid is not absolutely entitled to the lands, estate,
or interest, in respect of which his claim is made, or is under
any disability, or if the title to such lands, estate, or interest
be not satisfactorily deduced to the company, then and in every
such case the amount to be paid by the company in respect of such
lands, estate, or interest as aforesaid, shall be paid and applied
as provided by the clauses of the Lands Clauses Consolidation Act,
1845, "with respect to the purchase money or compensation coming to
parties having limited interests or prevented from treating, or not
making title."

RAILWAY ACT (IRELAND) 1851 - SECT 19
Where parties refuse to show title or no claim is made, or parties
refuse to accept the sum certified, money to be paid into the
Supreme Court.

19. Where any person claiming any right or interest in any lands
shall refuse to produce his title to the same, or where the
company have taken possession of any lands under the provisions of
this Act in respect of the price or compensation whereof, or of
any estate or interest wherein, no claim has been made within one
year from the time of the company taking possession, or if any
party to whom any such certificate has been given or tendered
refuse to receive such certificate, or to accept the amount therein
specified as payable to him, then and in any such case the amount
payable by the company in respect of such lands, estate, or
interest, or the amount specified in such certificate, shall be paid
[into the Supreme Court of Judicature of Northern Ireland], in
manner provided by the last-mentioned clauses of the Lands Clauses
Consolidation Act, 1845; and the amount so paid [into that Court]
shall be accordingly dealt with as by the said Act provided; ....

RAILWAY ACT (IRELAND) 1851 - SECT 20
Nothing to prevent company requiring further evidence of title, at
their own costs.

20. Nothing herein contained shall prevent the company from requiring
any further abstract or evidence of title respecting any lands
included in any such award as aforesaid, in addition to the
abstract or statement herein-before mentioned, if they think fit; so
as the same be obtained at the costs of the company.

RAILWAY ACT (IRELAND) 1851 - SECT 21
Delivery of certificate, &c., may be enforced by application to High
Court.

21. If from any reason whatever the company shall not deliver the
certificate aforesaid to any party claiming to be entitled to any
interest in any lands the possession whereof has been taken by the
company as aforesaid, then the right to have a certificate according
to the provisions of this Act, may, at the costs and charges of
the company, be enforced by any party or parties, by application to
the [High Court of Justice in Northern Ireland] in a summary way
by petition; and all other rights and interests of any party or
parties arising under the provisions of this Act may be in like
manner enforced against the company by such application as aforesaid.

Ss.2224 rep. and replaced by 1860 c.97 ss.2, 4. S.25 rep. by 1978
c.23 s.122(2) sch.7 Pt.I

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.

RAILWAY ACT (IRELAND) 1851 - SECT 27
Verdict on traverse to have effect of judgment.

27. The entry of the verdict of the jury in case of each traverse
in the crown book shall be a final decision, and binding upon all
parties interested, and shall have the effect of a judgment at law
obtained in the [High Court of Justice in Northern Ireland] against
the company, and may be enforced by like remedies against the
company, as in the case of a judgment at law, by all parties
interested therein; and in each case where a certificate shall have
been delivered, such damages shall be taken and recovered in lieu
of the monies expressed to be payable by the certificate, and which
shall, on payment of the damages and any costs payable by the
company, be delivered up to the said company, and such receipt for
such damages shall be given as is herein-before provided in cases
of payment of monies on such certificates as aforesaid; and where
such damages shall be given in respect of any land, the amount of
the price or compensation in respect of which, as ascertained by an
award under this Act, shall have been paid into court, then, if
the amount of such damages shall be less than the amount paid into
court, the company shall, on a summary application by petition, be
entitled to receive the difference between the amount of such
damages and the amount of the sum paid into court, but if the
amount of such damages shall exceed the amount of the monies paid
into court, then the difference between the amount paid in and the
damages shall, at the costs of the company, be paid into court;
and the payment of such difference into court, and the payment of
any costs payable by the company in respect of such traverse, shall
be a good discharge to the company on any such verdict in the
nature of a judgment as aforesaid.

RAILWAY ACT (IRELAND) 1851 - SECT 28
Act to include purchases for extraordinary purposes.

28. The provisions of this Act shall extend to the purchase by the
company of lands for extraordinary purposes.

RAILWAY ACT (IRELAND) 1851 - SECT 29
Incorporation of 1845 c.18.

29. All the provisions of the Lands Clauses Consolidation Act, 1845,
shall, subject to the provisions herein contained, extend to and be
taken as part of this Act, except so far as the same are
inconsistent therewith.

RAILWAY ACT (IRELAND) 1851 - SECT 30
Meaning of ""the company.''

30. In the construction of this Act the words "the company" shall
mean the company constituted by the special Act.

RAILWAY ACT (IRELAND) 1851 - SECT 31
Extent of Act.

31. This Act shall extend to Ireland only.

S.32 rep. by SLR 1875






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