Boundary Survey (Ireland) Act, 1854

Appeal against Boundaries may be made to Quarter Sessions.

IX. If any Person or Persons interested in any such Boundaries shall be dissatisfied with or shall have any Objection to any Boundary Line or any Part thereof, as marked out by any Surveyor under the Provisions of this Act, it shall and may be lawful for such Person or Persons to appeal to the Justices of the Peace at the next General or Quarter Sessions of the Peace to be holden for the Division of the County in which such Boundary Line or any Part thereof so objected to shall be situate, and every Person so appealing shall (if there shall be sufficient Time after the Cause of Complaint shall have arisen) first give or cause to be given Twenty-one Days Notice at least in Writing of his or her Intention of bringing such Appeal, and of the Matters thereof, to the Clerk of the Peace of such County, and within Seven Days next after the Date of such Notice shall enter into a Recognizance before some Justice of the Peace of such County, with Two sufficient Sureties, conditioned to bring such Appeal to a Hearing, and to abide by or to submit to the Order thereon, and to pay such Costs as shall be awarded by the Justices as such Quarter Sessions or any Adjournment thereof; and for Want of sufficient Time for giving such Notice previous to the Quarter Sessions next after the Cause of any such Complaint shall have happened, then such Appeal, after such Notice and under such Recognizance, may be made at the Second General or Quarter Sessions of the Peace to be holden for such Division of such County, and the Clerk of the Peace, within Six Days after the Receipt thereof, shall give Notice of such Appeal to the Boundary Surveyor, and also to the Churchwardens or Churchwarden of the Parish or Parishes within or between which such Boundary Line or such Part thereof as shall be objected to shall be situate, and such Churchwardens or Churchwarden shall post Copies of such Notice, or shall cause the same to be posted and affixed, on the most public Doors of the Churches and other Places of Public Worship within such Parish or Parishes, and at such other Places as are appointed by Law for the posting of Notices in such Parishes, on the Sunday next after the Receipt of such Notice by such Churchwardens or Churchwarden; and the Justices at such First or Second Sessions or any Adjournment thereof, upon due Proof of such Notice having been given as aforesaid, and of the entering into such Recognizance, shall hear and finally determine the Cause and Matter of such Appeal in a summary Way, and shall and may award such Costs to the Party appealing or appealed against as they the said Justices shall think proper, whether such Appeal shall have been entered and tried or not; and it shall be lawful for such Justices at such Sessions, by their Order or Warrant, to levy such Costs so awarded by Distress and Sale of the Goods and Chattels of the Person or Persons who shall refuse or neglect to pay the same, and for Want of sufficient Distress to commit such Person or Persons to the Common Gaol or House of Correction for such County, there to remain for any Time not exceeding Two Calendar Months, or until Payment of such Costs.