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DEFENCE ACT 1842 - SECT 21

Jury may ascertain the proportion to be paid out of compensation for land to lessees, &c.

21. Provided always, that it shall be lawful for any jury impanelled before
any justice of the peace or magistrate, or deputy lieutenant or deputy
governor, or before any judge of assize or nisi prius, to ascertain the
compensation to be paid for any lands, buildings, or other hereditaments under
this Act, and they are hereby required to ascertain and settle the proportion
to be paid out of such compensation to any persons having any interest as
lessees or tenants at will, or otherwise, in any such lands, buildings, or
other hereditaments, and the proportion to be paid out of such compensation
shall be returned on the verdict: Provided also, that where any such inquiry
before any judge of assize or nisi prius shall be had on the application of
any such lessee or tenant at will, or other person having any inferior
interest in any such lands, buildings, or other hereditaments, who may have
been dissatisfied with the proportion of compensation settled by the jury to
be paid in respect of such interest, it shall not be lawful for the jury in
any such case to alter the amount of the entire compensation awarded by any
former verdict to be paid for such lands, buildings, or other hereditaments,
but only the proportion thereof to be paid to the person or persons having
separate interests therein; and it shall not be lawful for any jury on any
such inquiry as aforesaid had before any judge of assize or nisi prius, as to
any such compensation, on the application of any such officer as aforesaid, in
any case in which the whole compensation awarded by them shall be the same as
the whole compensation awarded by the former jury to alter the proportion that
shall have been settled by any such former jury, as to any separate interests
in any such lands, buildings, or other hereditaments.

© 1842 Crown Copyright

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