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RAILWAYS ACT (IRELAND) 1864 - SECT 1

Company, if dissatisfied with award of arbitrator under recited Acts, directing payment of a sum exceeding #500, may traverse.

1. In all cases where the amount of money which the arbitrator appointed under
the provisions of the said Acts or either of them shall have awarded to be
paid by the company to any person in respect of any estate or interest in
lands shall exceed the sum of five hundred pounds it shall be lawful for the
company, if dissatisfied with such award, upon giving to such person within
ten days next after the date of such award notice in writing of their
intention to appeal therefrom, to have a traverse entered by the company in
the Crown book in respect of such award, at the same time and in like manner
in all respects as are provided by the aforesaid Acts with respect to
traverses taken by persons dissatisfied with any award; and the like
proceedings shall be taken with respect to a traverse so taken by the company,
and the verdict of the jury upon such traverse shall have the like effect, as
in the case of a traverse taken by a person so dissatisfied: Provided always,
that in all cases where a traverse shall be so taken by the company, if the
verdict of the jury shall be for a sum less than that awarded by the
arbitrator, the company shall nevertheless pay to the other party to such
traverse such sum not exceeding twenty pounds for the costs of such traverse
as the judge before whom the same is tried shall direct; and in case the
verdict of the jury shall be for a sum equal to or exceeding the award of the
arbitrator, then and in that case the company shall pay to the other party the
costs of the traverse, such costs to be taxed and ascertained in the same
manner as costs are by law ascertained on the trial of an issue from the Court
of Queen's Bench.

Ss.2, 3 rep. by 1953 c.19 (NI) s.11 sch.2


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© 1864 Crown Copyright

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