petition does not relate shall become absolute in like manner as if no petition had been lodged, and the new order contain iag the portion of the original order to which the petition relates shall remain provisional until confirmed.
Application of Lands Clauses Acts and 53 & 54 Vict . c. 70. 3.—(1.) For the purpose of taking lands compulsorily by Application of Purchase under the principal Acts the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement shall be deemed to be amended by the provisions contained in the Second Schedule of the Housing of the Working Classes Act, 1890, and such provisions shall (subject as by this Act provided) be deemed to form part of the principal Acts in like manner as if therein expressly enacted.
(2.) In the construction for the purposes of the principal Acts of the provisions contained in the said Second Schedule to the said Act of 1890, the "local authority" shall mean the sanitary authority, the "confirming Act" shall mean the order of the Local Government Board authorising the improvement scheme, when the same has become absolute or been confirmed, the " confirming authority" shall mean the Local Government Board, and references to the said Act of 1890 or to Part I. thereof shall be deemed references to the principal Acts.
entry on land.4. When a provisional order sanctioning an improvement scheme has become absolute, or been confirmed, as the case may be, the sanitary authority may, subject to the provisions of this section, forthwith enter upon and use for the purposes of the principal Acts the land comprised in the order, notwithstanding that the arbitrator has not framed his award, and the interest payable in the case of a purchase, and the fair rent payable in the case of a lease, shall run as from the time of such entry.
Provided that—
- (a) in the case of a purchase the sanitary authority, unless the persons entitled to give a discharge for the purchase money consent to such entry, shall give such security for the purchase money as those persons may require, or shall by way of security deposit in the Bank of Ireland in like manner as if it were purchase money such sum as may be specified in the order, or if no sum is so specified as the Local Government Board direct, and the sum deposited shall be applied in payment or part payment of the purchase money when determined, and if in excess of the purchase money the balance shall be returned to the sanitary authority, and if less than the purchase money the deficit shall be a charge upon any rates leviable by the sanitary authority, and may be recovered accordingly; and
- (b) in the case of a lease, the sanitary authority shall pay on account of rent until the fair rent is fixed, an annual sum equal to the annual value of the land under the Irish Valuation Acts.
