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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 79

If company are not willing to make compensation, owner may work the mines.

79. If before the expiration of such thirty days the company do not state
their willingness to treat with such owner, lessee, or occupier for the
payment of such compensation, it shall be lawful for him to work the said
mines or any part thereof for which the company shall not have agreed to pay
compensation, so that the same be done in a manner proper and necessary for
the beneficial working thereof, and according to the usual manner of working
such mines in the district where the same shall be situate; and if any damage
or obstruction be occasioned to the railway or works by improper working of
such mines, the same shall be forthwith repaired or removed, as the case may
require, and such damage made good, by the owner, lessee, or occupier of such
mines or minerals, and at his own expence; and if such repair or removal be
not forthwith done, or, if the company shall so think fit, without waiting for
the same to be done by such owner, lessee, or occupier, it shall be lawful for
the company to execute the same, and recover from such owner, lessee, or
occupier the expence occasioned thereby, by action in any of the
superior courts.

© 1845 Crown Copyright

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