may think

upon Lands.

such Amount Company, at any Time after the Arbitrator shall have framed as Arbitrator his Draft Award, upon depositing in the Bank of Ireland, as fit, enter herein directed, such Sum 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, to enter upon and use such Lands for the Purposes 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 which in his Opinion should be so deposited by the Company in respect of any Lands mentioned in such Draft Award before they enter upon and use the same as aforesaid; and the Sum to be so certified shall be the Sum or the Amount of the several Sums set forth in such Draft Award as the Sum or Sums to be paid by the Company in respect of such Lands, or such greater Amount as to the Arbitrator, under the Circumstances of the Case, may seem proper; and, notwithstanding such Entry as But proceed- aforesaid, all Proceedings for and in relation to the Completion ings on of the Award, the Delivery of Certificates, and other Proceedcompleted as ings under this Act, shall be had, and Payments made, as if such Entry and Deposit had not been made; provided that Company to the Company shall, where they enter upon any Lands by pay Interest 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 Money and Interest to the Party entitled thereto, or where, under the Provisions of this Act, such Purchase Money or Compensation is required to be paid into the said Bank, then until the same, with such Interest, is paid into such Bank accordingly; and where, under this Provision, Interest is payable on any Purchase or Compensation Money, the Certificate to be delivered by the Company in Interest re- 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.

Award to be

in other

cases.

from Time

of Entry.

coverable

like Prin

cipal.

Mode of deposit.

23. The Money to be deposited as aforesaid in respect of any Lands shall be paid into the Bank of Ireland in the Name

and with the Privity of the Accountant-General of the Court of Chancery in Ireland, to be placed to his Account there, to the Credit of the Company (describing the Company by its proper Name), in the Matter of the Railways Act (İreland), 1851, and of the Lands in respect of which the same is paid, subject to the Control and Disposition of the said Court; and upon such Deposit, the Cashier of the said Bank shall give to the Company, or to the Party paying in such Money by their Direction, a Receipt for the same.

remain as a

under the

24. The Money so deposited as last aforesaid shall remain Deposit to in the Bank by way of Security to the Parties interested in Security, and the Lands which shall so have been entered upon, for the Pay- to be a plied ment of the Money to become payable by the Company in Direction of respect thereof under the Award of the Arbitrator; and the the Court. Money so deposited may, on the Application by Petition of the Company, be ordered to be invested in Bank Annuities or Government Securities, and accumulated; and upon such Payment as aforesaid by the Company, it shall be lawful for the Court of Chancery in 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.

may deposit

rity while the

General is

25. If at any Time the Company be unable, by reason of Company the closing of the Office of the Accountant-General of the said Money by Court of Chancery, to obtain his Authority in respect of the way of SecuPayment of any Sum of Money so authorized to be deposited Office of the in the Bank by way of Security as aforesaid, it shall be lawful Accountantfor the Company to pay into the Bank, to such Credit as afore- closed. said (subject nevertheless to being dealt with as herein provided), such Sum of Money as the Company shall by some Writing signed by the Secretary or Solicitors for the Time being, addressed to the Governor and Company of the Bank in that Behalf, request; and upon any such Payment being made, the Cashier of the Bank shall give a Certificate thereof; and in every such Case, within Ten Days after the re-opening of the said Accountant-General's Office, the Solicitor for the

Parties dis

A ward, may

enter a Traverse at

Assizes.

Company shall there bespeak the Direction for the Payment of such Sum into the Name of the Accountant-General; and upon Production of such Direction at the Bank of Ireland, the Money so previously paid in shall be placed to the Credit of the said Accountant-General accordingly, and the Receipt for the said Payment be given to the Party making the same in the usual Way, for the Purpose of being filed at the Report Office.

26. Where the Party named in any Certificate issued under satisfied with 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, or where the Lands are situate in the County of Dublin or County of the City of Dublin, 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 Secre tary 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,

Notice.

§ 9, 14.

of Costs, &c.

so 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 Limitation 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, Verdict. 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.

Traverse to

a Judgment.

27. The Entry of the Verdict of the Jury in case of each Verdict on Traverse in the Crown Book shall be a final Decision and be final and binding upon all Parties interested, and shall have the Effect have Effect of of a Judgment at Law obtained in the Court of Queen's Bench in 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 Damages. 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 Costs. 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

Lands for ex

traordinary Purposes.

8 & 9 Vict.

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.

28. The Provisions of this Act shall extend to the Purchase by the Company of Lands for extraordinary Purposes*.

29. All the Provisions of "The Lands Clauses Consolidation e. 18. incor 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".

porated with this Act.

Meaning of "the Company."

Act to ex

tend to Ireland only.

30. In the Construction of this Act, the Words "the Company" shall mean the Company constituted by the Special Act.

31. This Act shall extend to Ireland only.

32. This Act shall continue in force for Five Years next Continuance after the passing thereof, and thence to the End of the then of Act, Five next Session of Parliament.

Y cars.

a See § 12 et seq. of 8 Vic. c. 18 (p. 245, &c.) as to purchase of Lands for extraordinary purposes.

b Sections 18-68 (p. 247-261) of the Lands Clauses Consolidation Act, 1845 (8 Vic. c. 18) are not applicable with respect to Railways in Ireland: see § 3 of present act (p. 302).

The Act accordingly expired with the Parliament dissolved on 21st March, 1857: but was renewed by an act of 29 July, 1856 (19 & 20 Vic. c. 72) for year from that date and for one Session of Parliament after it, namely, to the end of the Session of 1858: (p.317). The act has since been renewed and continued for a further period of a year and a Session, which in ordinary course will expire with the Session of 1860: see 21 & 22 Vic. c. 34, (p. 317).