Inclosure Act 1845

XLII Costs of Appeal.

And be it enacted, That in every Case in which the Verdict of a Jury shall be given in favour of the Person who shall have requested that such Jury be summoned, all the Costs of summoning such Jury and the Expenses of Witnesses shall be defrayed by the Commissioners, and shall be Expenses in the Inclosure in the Matter of which the Question shall have arisen, and such Costs and Expenses shall be settled and determined by the said Assistant Commissioner as aforesaid; but if the Verdict of the Jury shall be given against such Person, the said Costs and Expenses shall be defrayed by such Person ; and in case such Costs and Expenses shall not be paid to the Party entitled to receive the same -within Ten Days after the same shall have been demanded, then the same shall and may, by "Warrant of the Commissioners, directed to any Person or Persons whomsoever, be levied by Distress ; but in case such Person shall have requested such Jury to be summoned, in pursuance of a Resolution of the Ratepayers of any Parish in Vestry assembled, the Costs and Expenses so paid by him shall be repaid to him by the Overseers of the Poor of such Parish, out of the Poor's Rate, and shall be allowed in account to such Overseers.