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Questions of Law or Fact may be referred to the Commissioners.
Appeal to be had on Matter of Law on a Case stated. 4 & 5 Vict. c. 35. s. 40.
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VIII. In case any Objection shall be made or Question shall arise upon or prior to any Admittance or in the course of such Valuations, in relation to any alleged Custom, or the Evidence thereof, or any Matter of Law or Fact material to such Valuation or arising on any Enfranchisement, the same shall, on the Request in Writing and at the Option of any One of the Parties on either Side of the Matter in difference, be referred to the Commissioners or Assistant Commissioner, who shall inquire into and ascertain the same; and the Decision of such Commissioners or Assistant Commissioners shall be final: Provided nevertheless, that where any One of the said Party or Parties dissatisfied with any Decision of such Commissioners or Assistant Commissioner on any Matter of Law shall be desirous to appeal, then the like Proceedings may and shall be had for obtaining the Decision of One of the Superior Courts of Law at Westminster thereon, and such Decision shall be binding in like Manner as is provided by the said Act of the Session of the Fourth and Fifth Years of Her Majesty, Chapter Thirty-five, where a Person is dissatisfied with a Decision of such Commissioners or an Assistant Commissioner, which involves a Point of Law only, and the Parties in difference are agreed upon the Facts relating thereto: Provided always, that no such Proceedings as aforesaid shall be had unless a Request to the Commissioners to direct a Case to be stated as in the said Act mentioned be made within Twenty-eight Days after the Decision in respect of which the Appeal is desired.
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