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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 36

Power to two justices to order that the lands and materials shall not be taken.

36. If the objection so made be on the ground that the lands proposed to be
taken, or some part thereof, or of the materials contained therein, are
essential to be retained by the owner in order to the beneficial enjoyment of
other neighbouring lands belonging to him, it shall be lawful for any justice,
on the application of such owner, to summon the company to appear before
two justices at a time and place to be named in the summons, such time not
being later than the expiration of the said twenty-one days' notice; and on
the appearance of the company, or in their absence, upon proof of due service
of the summons, it shall be lawful for such justices to inquire into the truth
of such ground of objection; and if it appear to such justices that for some
special reason, to be stated in the order after mentioned, the lands so
proposed to be taken, or any part thereof, or of the materials contained
therein, are essential to be retained by the owner of such lands in order to
the beneficial enjoyment of other neighbouring lands belonging to him, and
ought not therefore to be taken or used by the company, it shall be lawful for
such justices, by writing under their hands, to order that the lands so
proposed to be taken, or some part thereof, or of the materials contained
therein, to be specified in such order, shall not be taken or used by
the company; and after service of such order on the company it shall not be
lawful for them to take or use, without the previous consent in writing of the
owner thereof, any of the lands or materials which by such order they are
ordered not to take or use.

© 1845 Crown Copyright

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