Inclosure Act 1845

64 Trial of appeal. E+W

In case of such appeal [F1 the Crown Court] shall, for the purpose of determining whether such public road or way shall be discontinued, stopped up, diverted, or altered, or whether the party appealing would be thereby injured or aggrieved, impannel a jury of twelve disinterested men out of the persons returned to serve as jurymen at such [F1 court]; and if after hearing the evidence produced before them the said jury shall return a verdict that such road or way is unnecessary, or may beneficially to the public be discontinued, stopped up, diverted, or altered, and that the party appealing would not be injured or aggrieved thereby, then the said court shall dismiss such appeal, and shall award the costs of resisting the said appeal to be paid by the appellant to the valuer, and the same shall be recoverable in the same manner as any penalties and forfeitures are recoverable under this Act; but if the said jury shall return a verdict that such road or way is not unnecessary, and that the same could not beneficially to the public be so discontinued, stopped up, diverted, or altered, or that the party appealing would be injured or aggrieved thereby, the said court shall allow such appeal and such public road or way shall not be discontinued, stopped up, diverted, or altered, or in case the same shall have been discontinued, stopped up, diverted, or altered, the said court shall make an order restoring the same to its original state and shall award to the appellant the costs of prosecuting such appeal, and such costs shall be paid by the said valuer out of the monies to be raised for the expences of the inclosure: Provided always, that in every case in which any such appeal as aforesaid shall be made by the surveyor of the highways of any parish or place, under the direction of the inhabitants of such parish in vestry assembled, or, where there shall be no vestry meeting in such place, under the direction of the inhabitants contributing to highway rates assembled at any meeting of which fourteen days notice shall have been given by advertisement and on the church door, then, although such appeal shall be dismissed, the costs of prosecuting such appeal, and also such costs as shall be awarded to be paid by the appellant to the valuer, shall be paid out of the highway rate of such parish or place.

Textual Amendments

F1 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 para. 2

Modifications etc. (not altering text)

C1 Reference to highway rates, except in application of section to City of London and Temples, to be construed as reference to general rate: General Rate Act 1967 (c. 9), s. 116(2)

C2 Functions of vestry of the parish (except so far as they relate to church affairs or ecclesiastical charities) now exercisable in parishes by parish councils or meetings, in communities by community councils, in the City of London by the Common Council, in Greater London (except the City and Temples) by London borough councils and elsewhere by district councils: Local Government Act 1894 (c. 73), ss. 6(1)(a), 19(4), City of London (Union of Parishes) Act 1907 (c. cxl), s. 13, Local Government Act 1933 (c. 51), s. 269(1)(a), London Government Act 1963 (c. 33), s. 1(6) and Local Government Act 1972 (c. 70), ss. 1, 2, 20, 179, Schs. 1, 4

C3 References to a surveyor of the highways to be construed as references to a highway authority: Highways Act 1980 (c. 66, SIF 59), s. 343(1), Sch. 23 para. 23