parties as aforesaid; and all the provisions of the lastmentioned act with respect to awards and the costs of the arbitration and awards shall be held applicable to and shall apply to any references to and awards to be made by the committee or the said sub-committee, or any arbitrators or umpire to be chosen by or out of the committee. 34. The submission to any arbitration in accordance Submission with this act may at any time be made a rule of one of to arbitraher majesty's superior courts of record at Dublin on the tion may application of any party interested, and the court may be made remit the matter to the committee or the said sub-com- rule of mittee, or any arbitrator or arbitrators to be chosen by court. or out of the committee, with any direction the court think fit. 35. All the costs, charges, and expenses of obtaining Expenses and passing this act, or incident thereto, shall be paid by of act. the committee out of such moneys as shall come to their hands after the passing of this act, or shall be in their hands at the time of the passing thereof. 36. This act shall be called The Clearing Act (Ire- Short title. land), 1860," and shall be deemed to be a public act, and Public act. as such shall be judicially noticed. 23 & 24 VICT. cap. 41. An Act to make perpetual an Act of the Twenty- by 38 & 39 Whereas an act was passed in the session of parliament [Repealed held in the twenty-first and twenty-second years of the Vict. c. 66. reign of her present Majesty, intituled "An Act to s. 1.] amend the Law relating to Cheap Trains, and to restrain the Exercise of certain Powers by Canal Companies being also Railway Companies:" And whereas the said act will expire at the end of the present session of parliament, amd it is expedient to make the said act perpetual: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; that is to say, 1. That the said recited act shall be perpetual. Recited act made perpetual. 23 & 24 Vict. cap. 97. An Act for amending and c. 70. See also 27 28 Vict. c. 71, and 31 & WHEREAS it is expedient that "The Railways Act, 14 & 15 Vict. (Ireland), 1851," should be amended as herein-after provided, and that with such Amendments the said Act should be made perpetual: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice 32 Vict., and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: c. 70. shortened. I. The Words "Twenty-one" shall be substituted for Periods of the Words "Thirty-one" in the Eighth Section of the notices said Act, and the Word "Fourteen" shall be substituted for the Words "Twenty-one" in the Ninth Section of the same Act. draft arbitrator II. The Twenty-second Section of the said Act is here- After deby repealed; and in lieu thereof be it enacted, That when posit of the Company are desirous, for the Purposes of their award Works, of entering upon any Lands before they would be company entitled to enter thereon under the Provisions in the said may, upon deposit Act, as amended by this Act, it shall be lawful for the of such Company, at any Time after the Arbitrator shall have amount as framed his Draft Award, upon depositing in the Bank of may think Ireland as herein directed such Sum or Sums as the fit, enter ca lands. 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, or of 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, to enter upon and use such Lands for the Purpose 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 or Sums which in his Opinion should be so deposited by the Company in respect of any Lands mentioned in such Draft Award, or of any such Interests therein as aforesaid, before they enter upon or use the same as aforesaid, and the Sum or Sums to be so certified shall be the Sum or Sums set forth in auch Draft Award as payable by the 23 & 24 VICT. CAP. 97. Mode of deposti Deposit to remain as a Company in respect of such Lands or of such Interests in such Lands in respect of which no Agreement shall have been come to between the Company and the Persons entitled thereto, or such greater Amounts as to the Arbitrator under the Circumstances of the Case shall seem proper; and notwithstanding such Entry as aforesaid, all proceedings for and in relation to the Completion of the said Award, the Delivery of Certificates, and other Proceedings under the said Act as amended by this Act, and under this Act, shall be had, and Payments made as if such Entry and Deposit had not been made: Provided that the Company shall, where they enter upon any Lands by 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 Purchase Money and Compensation to the Person entitled thereto, or where, under the Provisions of the said Act as amended by 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 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. III. The Twenty-third Section of the said Act is hereby repealed; and in lieu thereof be it enacted, That the Sum or Sums to be deposited as aforesaid in respect of any Lands or any Interests in 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 (Ireland), 1851," and of the respective Owners of the Lands or of the Interests in Lands in respect of which the same is or are paid as aforesaid, subject to the Control or Disposition of the said Court, and upon such Deposit the Cashier of the said Bank shall give to the Company, or the Party paying in such Money by their Direction, a Receipt for the same. IV. The Twenty-fourth Section of the said Act is security, and hereby repealed: and in lieu thereof be it enacted, That to be applied the Sum or Sums of Money so deposited as last aforesaid Parties respectively in respect of whose Interests in the 23 & 24 VICT. Lands which shall so have been entered upon such Sum CAP 97. or Sums shall have been deposited for the payment of the rection of Money to become payable by the Company to such the court of Parties respectively, for their respective Interests in such chancery. Lands under the Award of the Arbitrator; and the Money so deposited may, on 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. where part required. V. If Part only of the Lands charged with any Rent- Apportioncharge or Fee-farm Rent be required to be taken for the ment of rent Purposes of the Special Act, the Apportionment of any charge, &c. such Rent or Rentcharge may be settled by Agreement only of the between the Party entitled to the same and the Owner of land the Lands on the one Part and the Promoters of the charged is Undertaking on the other Part, and if such Apportionment be not settled by Agreement the same shall be settled by the Arbitrator; and the Owner of the Rentcharge or Fee-farm Rent shall have all the same Rights and Remedies for the Recovery of such apportioned Part, as against the Lands not required for the Purposes of the Special Act, as previously to such Apportionment he had for Recovery of the entire. ment of rent only of such VI. If any Lands shall be comprised in a Lease for a ApportionLife or Lives or for a Term of Years unexpired, Part only of land of which Lands shall be required for the Purposes of the under lease Special Act, the Rent payable in respect of the Lands where part comprised in such Lease shall be apportioned between lands is the Lands so required and the Residue of such Lands, required. and such Apportionment may be settled by Agreement between the Lessor and Lessee of such Lands on the one Part, and the Promoters of the Undertaking on the other Part, and if such Apportionment be not so settled by Agreement between the Parties, such Apportionment shall be settled by the Arbitrator, and after such Apportionment the Lessee of such Lands shall as to all future accruing Rent be liable only to so much of the Rent as shall be apportioned in respect of the Lands not required |