Railways Traverse Act, 1868

Application for trial of traverse in county other than that in which lands are situate.

2. Whenever either party shall be entitled and shall intend to have any such traverse entered under the said recited Acts, or any or either of them, or any Act already or hereafter incorporating the said Acts, or any of them, it shall be lawful for the other party to apply to the Court of Queen’s Bench for an order directing such traverse to be entered and tried in some county other than the county or county of a city in which the lands are situate; and if upon such application it shall appear to said Court that it will be more convenient or proper or more in furtherance of justice that such traverse should be tried elsewhere than in the county or county of a city where the lands are situate, the said Court may order such traverse to be entered and tried in some other county or county of a city to be specified in such order, and thereupon such traverse shall be entered and tried in such other county or county of a city in such manner, and subject to the like regulations, and with the same consequences, and the verdict and proceedings shall have the like effect, as if the lands were situate in the county or county of a city in which such traverse shall under such order be so entered and tried.