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TRAMWAYS (IRELAND) ACT 1860 - SECT 33

Power to the Department of the Environment and promoters to enter and survey lands.

33. For the purposes of any application made or intended to be made under
this Act, it shall be lawful for [the Department of the Environment], ..., and
also for the promoters, their engineers, surveyors, agents, servants, and
workmen, at all reasonable times, and causing as little inconvenience as may
be, to enter on any lands in or near the line of the proposed tramway, (not
being lands which cannot be authorized to be taken under this Act for the
purposes of a tramway without the consent in writing of the owner thereof,)
and to survey or otherwise examine the same, and to dig or bore therein;
provided, that he or they first obtain authority so to do in writing under the
hand of a justice of the peace at petty sessions in and for the district where
the lands are situate, such justice not having any pecuniary interest in the
undertaking. The promoters shall also make full compensation for any damage
caused under this provision; the amount of such compensation to be fixed by
two or more justices of the peace at petty sessions in and for the same
district (whose order shall be conclusive), and to be recovered as any
compensation money for lands taken by the promoters is recoverable.

© 1860 Crown Copyright

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