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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 37

Power to justices to order other lands to be taken.

37. If the objection so made as aforesaid be on the ground that other lands
lying contiguous to those proposed to be taken, and being sufficient in
quantity, and such as the company are herein-before authorized to use for the
purposes aforesaid, would be more fitting to be used by the company, and if in
such case the company shall refuse to occupy such other lands in lieu of those
mentioned in the notice, it shall be lawful for any justice, on the
application of such owner or occupier, to summon the company and the owners
and occupiers of such other lands to appear before two justices at a time and
place to be named in such summons, such time not being more than fourteen days
after such application nor less than seven days from the service of such
summons; and on the appearance of the parties, or in the absence of any of
them, upon proof of due service of the summons, it shall be lawful for such
justices to determine summarily which of the said lands shall be used by
the company for the purposes aforesaid, and to authorize the company to occupy
and use the same accordingly.

© 1845 Crown Copyright

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