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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 85

Promoters to be allowed to enter on lands before purchase, on payment into the Supreme Court by way of security and giving bond.

85. Provided also, that if the promoters of the undertaking shall be desirous
of entering upon and using any such lands before an agreement shall have been
come to or an award made or verdict given for the purchase money or
compensation to be paid by them in respect of such lands, it shall be lawful
for the promoters of the undertaking [to pay into the Supreme Court] by way of
security, as herein-after mentioned, either the amount of purchase money or
compensation claimed by any party interested in or entitled to sell and convey
such lands, and who shall not consent to such entry, or such a sum as shall,
by a surveyor appointed by two justices in the manner herein-before provided
in the case of parties who cannot be found, be determined to be the value of
such lands, or of the interest therein which such party is entitled to or
enabled to sell and convey, and also to give to such party a bond, under the
common seal of the promoters if they be a corporation, or if they be not a
corporation under the hands and seals of the said promoters, or any two of
them, with two sufficient sureties, to be approved of by two justices in case
the parties differ, in a penal sum equal to the sum [so to be paid],
conditioned for payment to such party, or [for payment into the Supreme Court]
for the benefit of the parties interested in such lands as the case may
require, under the provisions herein contained, of all such purchase money or
compensation as may in manner herein-before provided be determined to be
payable by the promoters of the undertaking in respect of the lands so entered
upon, together with interest thereon at the rate of five pounds per centum per
annum from the time of entering on such lands until such purchase money or
compensation shall be paid to such party, or [paid into the Supreme Court] for
the benefit of the parties interested in such lands, under the provisions
herein contained; and upon [such payment] by way of security being made as
aforesaid, and such bond being delivered or tendered to such non-consenting
party as aforesaid, it shall be lawful for the promoters of the undertaking to
enter upon and use such lands, without having first paid or deposited the
purchase money or compensation in other cases required to be paid or deposited
by them before entering upon any lands to be taken by them under the
provisions of this or the special Act.[

© 1845 Crown Copyright

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