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DEFENCE ACT 1842 - SECT 20

Appeal may be made to the Court of Exchequer, &c. if either party is dissatisfied with the verdict of the jury.

20. Provided always, that if the said principal officers, or any person
interested in the lands, buildings, or other hereditaments so marked out and
surveyed, shall be dissatisfied with the verdict of any such jury, it shall be
lawful for them or their attorneys in ... Ireland, to apply to the Court of
Exchequer at ... Dublin ... in the term next, ... and to suggest to the said
courts ... that they have reason to be dissatisfied with such verdict, and
forthwith give notice thereof to the said principal officers on the one part,
or to the party so interested as aforesaid on the other part (as the case may
be); and thereupon, in ... Ireland, the proceedings that shall have been had
and the verdict of such jury shall be returned into the said courts of
Exchequer ..., and, if it shall appear to the said courts to be proper, such
suggestion shall be entered on such proceedings as aforesaid; and a writ shall
thereupon, by rule of such court, or order of any judge of such court, be
directed to the sheriff of the county where such lands, buildings, or other
hereditaments shall lie, or, if the same shall lie in two counties to the
sheriff of either of such counties, to summon ... a ... jury, ..., who shall
... be qualified, according to law, to appear before the said justice or
justices of assize or nisi prius of that county at the next assizes if the
same shall not happen sooner than twenty-one days after such suggestion,
otherwise, at the next succeeding assizes, and the compensation to be paid
either for the absolute purchase or for the possession or use of such lands,
buildings, or other hereditaments (as the case shall be) shall at such assizes
be ascertained by such jury, in like manner as any damages may be inquired of
upon any inquisition or inquiry of damages by any jury before any judge of
assize or nisi prius, and the verdict of such jury shall be returned to the
said Court of Exchequer, and shall be final and conclusive; ... Provided
always, that it shall be lawful for the court that shall have allowed such
inquiry, on any appliction made within four days after the commencement of the
succeeding term, ... to order any new trial in relation thereto.

© 1842 Crown Copyright

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