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DEFENCE ACT 1860 - SECT 36

36. If at any time after the said Secretary of State has entered upon any
lands vested in him under this Act, any party appear to be entitled to any
estate, right, or interest in or charge affecting such lands, which through
mistake and inadvertence has been omitted to be purchased or compensated for,
the said Secretary of State shall nevertheless remain in the undisturbed
possession of such lands, and shall be deemed to have an indefeasible title
thereto, but shall pay compensation for any such estate, right, interest, or
charge, which but for this enactment might be recovered or enforced, and also
pay to such party, or to any other party who may establish a right thereto,
full compensation for the mesne profits or interest which would have accrued
to such parties respectively in respect thereof during the interval between
the entry of the said Secretary of State thereon and the time of the payment
of such compensation by the said Secretary of State, so far as such mesne
profits or interest may be recoverable at law or in equity:

Such compensation shall be agreed on or awarded and paid in like manner as the
same would have been agreed on or awarded and paid in case the said Secretary
of State had purchased or compensated for such estate, right, interest, or
charge before his entering upon such lands, or as near thereto as
circumstances will admit.

© 1860 Crown Copyright

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