DEFENCE ACT 1860 - SECT 25 Provision for costs when amount of compensation is determined by a jury or justices.

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DEFENCE ACT 1860 - SECT 25

Provision for costs when amount of compensation is determined by a jury or justices.

25. In case any jury give a verdict or assessment for more compensation for
any lands or any interest therein or any damage than was offered for the same
by the said Secretary of State, or for any amount of compensation where no
offer of any compensation was made, then all the reasonable costs and expenses
of and incident to the settlement of the amount of such compensation by a jury
shall be paid by the said Secretary of State, such costs to be settled upon
the request of the said Secretary of State by one of the Masters of the Court
of Queen's Bench in ... Ireland ...:

But in every case in which the jury shall be of opinion that the statement
delivered by the claimant of the manner in which any amount demanded as
compensation has been computed and made up did not give sufficient particulars
to enable the said Secretary of State to make a proper offer, and in every
other case in which the jury give a verdict or assessment for the same or a
less sum than was offered by the said Secretary of State, or in case no damage
be found by the jury where the question is as to damage only, or where the
summoning a jury arose from a refusal to state or demand any amount of
compensation, then and in every such case all such costs and expenses to be
settled in manner aforesaid shall be paid to the said Secretary of State by
the body or person claiming the compensation or refusing to state or demand
any amount of compensation; and all costs and expenses payable hereunder to
the said Secretary of State shall be retained out of the compensation (if any)
given by the verdict or assessment of the jury:

The foregoing provisions as to costs in the case of the determination of any
question as to compensation by a jury shall be applicable also where such
question is determined by justices.

Apportionment of rents and incumbrances.

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Northern Irish Legislation

DEFENCE ACT 1860 - SECT 25