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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 43

Compensation to be made for temporary occupation.

43. In any of the cases aforesaid, where the company shall not be required to
purchase such lands, and in all other cases where they shall take temporary
possession of lands by virtue of the powers herein or in the special Act
granted, it shall be incumbent on the company, within one month after their
entry upon such lands, upon being required so to do, to pay to the occupier of
the said lands the value of any crop or dressing that may be thereon, as well
as full compensation for any other damage of a temporary nature which he may
sustain by reason of their so taking possession of his lands, and shall also
from time to time during their occupation of the said lands pay half-yearly to
such occupier, or to the owner of the lands, as the case may require, a rent,
to be fixed by two justices in case the parties differ, and shall also within
six months after they shall have ceased to occupy the said lands, and not
later than six months after the expiration of the time by the special Act
limited for the completion of the railway, pay to such owner and occupier, or
deposit in the Bank for the benefit of all parties interested, as the case may
require, compensation for all permanent or other loss, damage or injury that
may have been sustained by them by reason of the exercise, as regards the said
lands, of the powers herein or in the special Act granted, including the full
value of all clay, stone, gravel, sand, and other things taken from such
lands.

© 1845 Crown Copyright

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