Duchy of Cornwall (No. 2) Act 1844

LXI and Security for Damage. U.K.

Every Lessee or other Person (other than the Duke of Cornwall) who shall intend under the Authority of this Act to enter upon any Lands or Tenements (other than Waste Lands), to search, dig for, open, work, or get any Mines or Minerals, shall before making such Entry, if required so to do by any Person interested in the Surface of such Lands or Tenements, deposit the Sum of Twenty Pounds, or any larger Sum which the Lessee or Person so entering shall think fit, with the Registrar of the Court of the Vice Warden of the Stannaries of Cornwall, or give to such Registrar a joint and several Bond, under the Hands and Seals of such Lessee or other Person, and of One or Two sufficient Sureties, (such Surety or Sureties, in case of Dispute, to be approved of by the said Registrar, or by any Two Justices of the Peace for the County of Cornwall,) conditioned for securing the Payment to such Registrar, or to the Registrar for the Time being of the said County, on Demand by him, of the Sum of Twenty Pounds, or any larger Sum which the said Lessee or other Person making such Entry shall think fit; and the Sum so to be deposited or secured by such Bond, as the Case may be, shall be held by the said Registrar as a Security for the Payment of the Compensation to become payable for the Damage to be caused by such Entry as aforesaid, and of the Costs to be incurred in any Proceeding for determining the Amount of such Compensation, or otherwise in relation thereto; and such Deposit, or the Money to be recovered upon such Bond, shall be paid and applied by such Registrar accordingly, either upon satisfactory Proof being made to him of the same having become payable, and of the Person entitled under the Provisions of this Act to receive the same, or any Part thereof, or according to the Direction of the said Vice Warden; and if in the Prosecution of such Search the Amount of Damage (to be decided as herein-before is provided), and of such Costs, if any, shall be equal to or exceed the Sum so deposited or secured as aforesaid, then and in such Case, and so often as the same shall happen, it shall be lawful for the said Vice Warden and he is hereby required, upon the Application of any Person interested in such Lands or Tenements, to issue his Injunction to stop the further Prosecution of such Search until the Amount of such previous Damage, and such Costs (if any), shall have been paid by the Person liable to pay the same, or until a further Deposit of not less than Twenty Pounds, or a further Bond for not less than Twenty Pounds, and with One or Two Sureties to be approved of as aforesaid, shall have been made with or given to the said Registrar as a Security for the Payment of the Compensation to become payable for the further Damage to be caused by such Search as aforesaid, and to be paid and applied by such Registrar as herein-before is provided.