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REGULATION OF RAILWAYS ACT 1868 - SECT 41

Trial of any questions of compensation.

41. Whenever, in the case of any lands purchased or taken otherwise than by
agreement for the purposes of any public railway, any question of compensation
in respect thereof, or any question of compensation in respect of lands
injuriously affected by the execution of the works of any public railway, is
under the provisions of the Lands Clauses Consolidation Act, 1845, to be
settled by the verdict of a jury empannelled and summoned as in that Act
mentioned, the company or the party entitled to the compensation may, at any
time before the issuing by the company to the sheriff as by that Act directed,
apply to a judge of any one of the Superior Courts of Common Law at
Westminster, who shall, if he thinks fit, make an order for trial of the
question in one of the Superior Courts, upon such terms and in such manner as
to him shall seem fit; and the question between the parties shall be stated in
an issue, to be settled in case of difference by the judge, or as he shall
direct, and such issue may be entered for trial and tried accordingly, in the
same manner as any issue joined in an ordinary action, at such place as the
judge shall direct; and the proceedings in respect of such issue shall be
under and subject to the control and jurisdiction of the court as in ordinary
actions therein, but so nevertheless that the jury shall, where the issue
relates to the value of lands to be purchased, and also to compensation
claimed for injury done or to be done to lands held therewith, deliver their
verdict separately in manner provided by the forty-ninth section of the
Lands Clauses Consolidation Act, 1845.

© 1868 Crown Copyright

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