Markets And Fairs Clauses Act 1847

39 Disputes respecting tolls, how to be settled. U.K.

If any dispute arise concerning any such stallage, rent, or toll, such dispute shall be determined in England or Ireland by a justice, and in Scotland by the sheriff, and such justice or sheriff shall, on application made to him, determine the same, and make such order therein, and award such costs to either party, as to him shall seem proper; and in default of payment, on demand, of the money which shall be so awarded, and of the costs, the same shall be forthwith levied in England or Ireland by distress [F1, and in Scotland by poinding and sale,] and the justice or sheriff shall issue his warrant accordingly.

Textual Amendments

F1Words in s. 39 repealed (S.) (31.12.2002) by 2002 asp 17, ss. 61, 64(2), Sch. 3 Pt. I para. 4 (with s. 63)

Modifications etc. (not altering text)

C1Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2