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

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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.

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Northern Irish Legislation

RAILWAY ACT (IRELAND) 1851 - SECT 9