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RAILWAYS TRAVERSE ACT 1868
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CHAPTER LXX.
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An Act to amend the Railways (Ireland) Act, 1851, the Railways (Ireland) Act, 1860, and the Railways (Ireland) Act, 1864, as to the Trial of Traverses. [31st July 1868.]
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[Preamble recites 14 & 15 Vict. c. 70. s. 26; 23 & 24 Vict. c. 97; 27 & 28 Vict. c. 71. s. 1.]
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Short title.
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1. This Act may be cited as “The Railways Traverse Act.”
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Application for trial of traverse in county other than that in which lands are situate.
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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.
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Application for such trial, when to be made.
Costs of application.
Court may impose terms.
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3. Such application may be made either before or after the ten days notice shall have been given, and before or after such traverse may have been entered for the county or county of a city where the lands are situate, and notwithstanding that such traverse may have been respited from an assizes or term previously to such application; and in case such order shall have been made after the entry of the traverse in the county or county of a city in which the lands are situate, no trial shall be had upon such entry. The said Court may make such order as it may seem fit respecting the costs of such application, or any costs to be incurred by reason of such change of the place of trial or otherwise incidental to such order as aforesaid, and may, in making such order and in respect thereof, impose such terms upon either party as justice may require.
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Construction.
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4. This Act and the said recited Acts shall be read together as one Act and this Act shall be held to be incorporated with each of the said recited Acts in any Act already or hereafter incorporating the said recited Acts, or any of them and shall apply to traverses of awards made before the passing of this Act in respect of which the right of traverse shall still subsist.
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Exercise of jurisdiction out of term time.
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5. The jurisdiction herein-before conferred upon the Court of Queen’s Bench may out of term be exercised by any judge of that Court, or any judge having for the time being jurisdiction to entertain and determine a motion to change the venue in any action depending in said Court.
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