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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 89

89. If the promoters of the undertaking or any of their contractors shall,
except as aforesaid, wilfully enter upon and take possession of any lands
which shall be required to be purchased or permanently used for the purposes
of the special Act, without such consent as aforesaid, or without having made
such payment for the benefit of the parties interested in the lands or such
deposit by way of security as aforesaid, the promoters of the undertaking
shall forfeit to the party in possession of such lands the sum of ten pounds,
over and above the amount of any damage done to such lands by reason of such
entry and taking possession as aforesaid, such penalty and damage respectively
to be recovered before two justices; and if the promoters of the undertaking
or their contractors shall, after conviction in such penalty as aforesaid,
continue in unlawful possession of any such lands,
the promoters of the undertaking shall be liable to forfeit the sum of
twenty-five pounds for every day they or their contractors shall so remain in
possession as aforesaid, such penalty to be recoverable by the party, in
possession of such lands,... in any of the superior courts: Provided always,
that nothing herein contained shall be held to subject
the promoters of the undertaking to the payment of any such penalties as
aforesaid, if they shall bona8 fide and without collusion have paid the
compensation agreed or awarded to be paid in respect of the said lands to any
person to whom the promoters of the undertaking may have reasonably believed
to be entitled thereto, or shall have [paid the same into the Supreme Court]
for the benefit of the parties interested in the lands, or made such deposit
by way of security in respect thereof as herein-before mentioned, although
such person may not have been legally entitled thereto.

© 1845 Crown Copyright

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