Inclosure Act 1845

44 Persons dissatisfied with determination of commissioners may appeal to Court of Queen’s Bench. E+W

Any person interested in the determination of the said commissioners or assistant commissioner respecting the said boundaries, who shall be dissatisfied with such determination, and who shall, within the time herein-before limited, have given to the commissioners notice in writing of his intention to apply to [F1 the High Court], as herein-before mentioned, may, within six calendar months next after publication of the said boundaries, move [F1 the High Court] to remove the said determination of the commissioners or assistant commissioner by certiorari into the said court, the party making such application giving (in addition to such notice of his intention as aforesaid) eight days notice of such application to the said commissioners; and in case of removal as aforesaid the decision of the said court therein shall be final and conclusive as to the boundaries of such parish or manor; and after the expiration of the said term of six calendar months the determination of the commissioners or assistant commissioner shall not be removed or removable by certiorari, or any other writ or process whatsoever, into [F1 the High Court] or elsewhere; and no certiorari shall be allowed to remove such determination unless the party prosecuting the certiorari shall before allowance thereof enter into a recognizance before one of the justices of the said court, in the sum of fifty pounds, with condition to prosecute the same without wilful delay, and to pay to the said commissioners their full costs and charges within one calendar month after the determination shall have been confirmed, to be taxed according to the custom of the court; and no determination of a jury under the provision herein-before contained shall be removed or removable by certiorari; and in every case in which any determination of the commissioners or of any assistant commissioner, respecting the boundary of any parish or manor, shall be removed into [F1 the High Court], it shall be lawful for the court to direct the trial of one or more feigned issues upon such points as the court shall think fit, and also to direct who shall be the plaintiff or plaintiffs, and who shall be the defendant or defendants, on such trial, or to determine the same in a summary manner, or otherwise dispose of the question or questions in dispute, and to make such other rules and orders therein, as to costs and all other matters, as may appear to be just and reasonable.

Textual Amendments

F1 Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)