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2. ... When the company are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter thereon under the provisions in the said Act, as amended by this Act, it shall be lawful for the company, at any time after the arbitrator shall have framed his draft award, upon [paying into the Supreme Court of Judicature of Northern Ireland] such sum or sums as the arbitrator may certify to be in his opinion the proper amount to be so deposited in respect of any lands authorized to be purchased or taken by the company, and mentioned in such draft award, or of the several interests in such lands in respect of which no agreement shall have been come to between the company and the persons entitled thereto, to enter upon and use such lands for the purpose of the railway and works of the company; and the arbitrator shall, upon the request of the company, at any time after he shall have framed such draft award, certify under his hand the sum or sums which in his opinion should be so deposited by the company in respect of any lands mentioned in such draft award, or of any such interest therein as aforesaid, before they enter upon or use the same as aforesaid; and the sum or sums to be so certified shall be the sum or sums set forth in such draft award as payable by the company in respect of such lands or of such interests in such lands in respect of which no agreement shall have been come to between the company and the persons entitled thereto, or such greater amounts as to the arbitrator under the circumstances of the case shall seem proper; and notwithstanding such entry as aforesaid, all proceedings for and in relation to the completion of the said award, the delivery of certificates, and other proceedings under the said Act as amended by this Act, and under this Act, shall be had, and payments made, as if such entry and deposit had not been made: Provided, that the company shall, where they enter upon any lands by virtue of this present provision, pay interest at the rate of five pounds per centum per annum upon the purchase and compensation money payable by them in respect of any lands so entered upon from the time of their entry until the time of the payment of such purchase money and compensation to the person entitled thereto, or, where under the provisions of the said Act as amended by this Act such purchase money or compensation is required to be paid into [the said Court], then until the same with such interest is paid into [the said Court] accordingly; and where under this provision interest is payable on any purchase or compensation money, the certificate to be delivered by the company in respect thereof shall specify that interest is so payable, and the same shall be recoverable in like manner as the principal money mentioned in such certificate. S.3 rep. by SLR 1892; 1978 c.23 s.122(2) sch.7 Pt.I
© 1860 Crown Copyright
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