Defence Act 1860

Provisions as to Costs U.K.

24 Costs of and incident to agreements, &c. under this Act to be borne by Secretary of State &c. U.K.

The costs of and incident to any agreement with the said Secretary of State under this Act concerning the compensation to be paid for or in respect of any lands taken or affected under the provisions of this Act, and the costs of the deduction and verification of title, shall be paid by the said Secretary of State; all which costs shall be taxed by one of the taxing masters of the Court of Chancery in England or Ireland (according to the situation of the lands) upon the request and at the expense of the said Secretary of State.

Modifications etc. (not altering text)

C1 Jurisdiction of Court of Chancery now exercisable by High Court of Justice (E.W.) and by Chancery Division of High Court of Justice in Northern Ireland (N.I.): Supreme Court of Judicature (Ireland) Act 1877 (c. 57), ss. 4, 21(1), 36, Government of Ireland Act 1920 (c. 67), ss. 38, 40, 41, S.R. & O. 1921/1802, 1804 (Rev. XVI, pp. 954, 967: 1921, pp. 1332, 422) and Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 18

25 Provision for costs when amount of compensation is determined by a jury or justices. U.K.

In case any jury give a verdict or assessment for more compensation for any lands or any interest therein or any damage than was offered for the same by the said Secretary of State, or for any amount of compensation where no offer of any compensation was made, then all the reasonable costs and expenses of and incident to the settlement of the amount of such compensation by a jury shall be paid by the said Secretary of State, such costs to be settled upon the request of the said Secretary of State by one of the Masters of the Court of Queen’s Bench in England or Ireland, according to the situation of the lands:

But in every case in which the jury shall be of opinion that the statement delivered by the claimant of the manner in which any amount demanded as compensation has been computed and made up did not give sufficient particulars to enable the said Secretary of State to make a proper offer, and in every other case in which the jury give a verdict or assessment for the same or a less sum than was offered by the said Secretary of State, or in case no damage be found by the jury where the question is as to damage only, or where the summoning a jury arose from a refusal to state or demand any amount of compensation, then and in every such case all such costs and expenses to be settled in manner aforesaid shall be paid to the said Secretary of State by the body or person claiming the compensation or refusing to state or demand any amount of compensation; and all costs and expenses payable hereunder to the said Secretary of State shall be retained out of the compensation (if any) given by the verdict or assessment of the jury:

The foregoing provisions as to costs in the case of the determination of any question as to compensation by a jury shall be applicable also where such question is determined by justices.

Modifications etc. (not altering text)

C2 Jurisdiction of Court of Queen's Bench now exercisable by High Court of Justice (E.W.) and by Queen's Bench Division of High Court of Justice in Northern Ireland (N.I.): Supreme Court of Judicature (Ireland) Act 1877 (c. 57), ss. 4, 21(2), 36, Government of Ireland Act 1920 (c. 67), ss. 38, 40, 41, S.R. & O. 1921/1802, 1804 (Rev. XVI, pp. 954, 967: 1921, pp. 1332, 422) and Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 18