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RAILWAY AND CANAL TRAFFIC ACT 1854 - SECT 3

Applications to Court in case of violations of this Act.

3. It shall be lawful for any company or person complaining against any such
companies or company of anything done or of any omission made in violation or
contravention of this Act to apply in a summary way, by motion or summons,...
in Ireland to any of Her Majesty's Superior Courts in Dublin, ... or to any
judge of any such court; and, upon the certificate to Her Majesty's Attorney
General in...Ireland or... of the Board of Trade alleging any such violation
or contravention of this Act by any such companies or company, it shall also
be lawful for the said Attorney General... to apply in like manner to any such
court or judge; and in either of such cases it shall be lawful for such court
or judge to hear and determine the matter of such complaint; ... and if it be
made to appear to such court or judge on such hearing, or on the report of any
such person, that anything has been done or omission made in violation or
contravention of this Act by such company or companies, it shall be lawful for
such court or judge to issue a writ of injunction ..., restraining such
company or companies from further continuing such violation or contravention
of this Act, and enjoining obedience to the same; and in case of disobedience
of any such writ of injunction... it shall be lawful for such court or judge
to order that a writ or writs of attachment, or any other process of such
court incident or applicable to writs of injunction..., shall issue against
any one or more of the directors of any company, or against any owner, lessee,
contractor, or other person failing to obey such writ of injunction ...; and
such court or judge may also, if they or he shall think fit, make an order
directing the payment by any one or more of such companies of such sum of
money as such court or judge shall determine, not exceeding for each company
the sum of two hundred pounds, for every day after a day to be named in the
order that such company or companies shall fail to obey such injunction ...;
and such monies shall be payable as the court or judge may direct, either to
the party complaining, or into court to abide the ultimate decision of the
court, or to Her Majesty, and payment thereof may, without prejudice to any
other mode of recovering the same, be enforced by attachment or order in the
nature of a writ of execution, in like manner as if the same had been
recovered by decree or judgment in any Superior Court at... Dublin, in...
Ireland, ....

Ss.4, 5 rep. by 1888 c.25 s.59 sch.

© 1854 Crown Copyright

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