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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 91

Proceedings in case of refusal to deliver possession of lands.

91. If in any case in which, according to the provisions of this or the
special Act, or any Act incorporated therewith,
the promoters of the undertaking are authorized to enter upon and take
possession of any lands required for the purposes of the undertaking, the
owner or occupier of any such lands or any other person refuse to give up the
possession thereof, or hinder the promoters of the undertaking from entering
upon or taking possession of the same, it shall be lawful for
the promoters of the undertaking to issue their warrant to the [Enforcement of
Judgments Office] to deliver possession of the same to the person appointed in
such warrant to receive the same, and upon the receipt of such warrant the
[Enforcement of Judgments Office] shall deliver possession of any such lands
accordingly; and the costs accruing by reason of the issuing and execution of
such warrant, to be settled by the [Enforcement of Judgments Office], shall be
paid by the person refusing to give possession; and the amount of such costs
shall be deducted and retained by the promoters of the undertaking from the
compensation, if any, then payable by them to such party, or if no such
compensation be payable to such party, or if the same be less than the amount
of such costs, then such costs, or the excess thereof beyond such
compensation, if not paid on demand, shall be levied by distress, and upon
application to any justice for that purpose he shall issue his warrant
accordingly.

© 1845 Crown Copyright

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