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Inclosure Act 1859
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4 How damage to be assessed.U.K.
In case it shall be provided that the whole or any part of such compensation as aforesaid shall be made by the owners of allotments collectively, either including or not including the lord or such other person as aforesaid, then all such damage as may at any time and from time to time be done to any allotment by any of the means aforesaid shall be assessed and raised as follows; (that is to say), it shall be lawful for any person who may sustain any such damage as aforesaid to give information thereof to any two or more justices of the peace [F1acting in the local justice area in which] the lands which shall have been inclosed, or the greater part thereof, shall be situate (ten days previous notice of such intended information having been fixed on the church door of the parish or other ecclesiastical district); and such justices shall and are hereby empowered to examine and inquire into such complaint in a summary way, and by examination of witnesses upon oath, or by such other evidence as they shall think proper; and such justices shall determine the amount of such damage, and order the payment thereof to the party damaged by the persons and in the manner herein-after expressed.
Textual Amendments
F1Words in s. 4 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 35; S.I. 2005/910, art. 3(y)
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