Page images
PDF
EPUB

and be roccupiers the the owner tees or other pon

cessary for that Purpose, it shall and may be lawful to and for the said Commissioners or Trustees or other Persons as aforesaid, and they shall have full Power and Authority, to treat, contract, and agree, or to employ any person or Persons to treat, contract, and agree with the several Owner or Owners, Occupier or Occupiers of all such Houses, Walls, Buildings, Lands, and Hereditaments, of whatsoever Nature, Tenure, Kind, or Quality, for the Purposes aforesaid, and to pay for the same such Sum and Sums of Money as shall be agreed upon by the said Commissioners or Trustees or other Perfons as aforesaid, and the Owner or Owners, Occupier or Occupiers thereof, out of the Money to arise and be raised and to be received by them, either by virtue of any local Actor Acts of Parliament relating to such parochial or other District, or of this Act, and to pull down, use, fell, or dispose of such Houses, Walls, and Buildings, and the Materials thereof, and lay the Sites thereof, and also such other Lands, Tenements, or Hereditaments, or so much thereof as they the said Commissioners or Trustees or other Persons as aforesaid shall think proper, into the said Streets or other public Places, and all such new Parts of such Streets or public Places; and the Owners and Occupiers of Houses and Buildings, Messuages and other Hereditaments therein and adjoining thereto, shall be subject and liable to all the Rates, Assessments, Powers, Provi. sions, Orders, Clauses, and Things to be made by virtue of or contained in any local Act or Acts of Parliament relating to such parochial or other District, or by virtue of or contained in this Act, in the same Manner as the present Streets and public Places included in any such local Act or Acts, or within the Jurisdiction of this Act, and the Owners and Occupiers of Houses or Buildings and Messuages or other Hereditaments therein and adjoining thereto.

LXXXI. And

LXXXI. And be it further enacted, That it shall Corporate or and may be lawful for all Bodies Politic, Corporate, Collegiate. or Collegiate, Corporations Aggregate or Sole,

Bodies and

Pole, incapacitated Tenants for Life or in Tail, or others having a Perions enpartial or qualified Interest or Estate in any Houses, abled to sell. Lands, Tenements, or Hereditaments, Husbands, Femes Covert, Guardians, Trustees, and Feoffees in Trust for Charities or other Purposes, Com. mittees, Executors, or Administrators, and all other Persons whomsoever, not only on behalf of themselves and their respective Heirs, Executors, Administrators, and Succeffors, but also on behalf of all Persons entitled in Reversion or Remainder expectant on an Estate Tail, and on behalf of all Persons entitled in Reversion or Remainder expectant on an Estate for Life, or other lels Estate, or by way of executory Devise, in case such Persons shall be incapacitated or decline to treat, and on behalf of their respective Wives and Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or others, and for all and every other Person or Persons whomsoever who are and shall be seized, possessed of, or interested in any such Houses, Lands, Tenements, or Hereditaments, to treat and agree with the said Conimissioners or Trustees, or other Persons having the Control of the Pavements in the Streets or public Places in any parochial or other District within the Jurisdiction of this Act as aforesaid, for the absolute Sale thereof, and to sell and convey to the said Commissioners or Trustees, or other Persons as aforesaid, by Feoffment, Lease and Release, or Bargain and Sale, by Deed indented and enrolled in any of His Majesty's Courts of Record at Westminster, for such valuable Consideration as shall be bona fide agreed upon for such Houses, Lands, Tenements, or Hereditaments as shall be adjudged necessary and convenient for the Purposes aforesaid; and thatall Contracts, Agree. ments, Sales, or Conveyances which thall be bonå fide made for the Purpose aforesaid, shall be good

K

and

treat, &c. a

[ocr errors]
[ocr errors]
[ocr errors]

a Jury.

and effectual in the Law to all Intents and Purposes ; any thing to the contrary thereof in any

wise notwithstanding. When Parties LXXXII. And be it further enacted, That if any refuse or are Body or Bodies Politic, Corporate, or Collegiate, or unable to any other Person or Persons seized or poffefsed of or

interested in any such Houses, Buildings, Lands, Precept to be issued for Tenements, or Hereditaments as aforesaid, shall reimpannelling fuse to treat or agree, or shall not agree, or by

reason of Absence or Disability cannot agree with the faid Commifsioners or Trustees or other Persons having the Control of the Pavements of any Streets or public Places in any parochial or other District within the Jurisdiction of this Act, or with any Person or Persons authorized by them, for the Sale and Conveyance of their respective Estates and Interests therein, or cannot be found or known, or shall not produce and evince a clear Title to the Premises they are in Poffefsion of, or to the Interest they claim therein, to the Satisfaction of the said Commissioneřs or Trustees or other Persons as aforesaid, or of the Person or Persons fo authorized by them, then and in every such Case it shall be lawful for the faid Commissioners or Trustees or other Persons as aforesaid, and they are hereby required, to issue a Warrant or Warrants, Precept or Precepts, directed to the Sheriff or Sheriffs or Bailiff or other proper Officer of the City, Borough, or County wherein the Premises shall respectively lie or be, who is hereby authorized, directed, and required accordingly to impannel, fummon, and return a competent Number of substantial and disinterested Persons qualified to serve on Juries, not less than Forty-eight nor more than Seventy-two ; and out of such Perfons so to be impannelled, fummoned, and returned, a Jury of Twelve Men shall be drawn by some indifferent Person to be by the faid Commissioners or Trustees or other Persons as aforesaid appointed, in such Manner as Juries for the Trial of Issues joined in His Majesty's Courts at Weftminster are

by

re to

by an Act made in the Third Year of the Reign of
His late Majesty King George the Second, intituled
An Act for the better Regulation of Juries, are di. who

be drawn as rected to be drawn; which Persons so to be im

I citons 10 10 De 1 3 G.2. c. 25. pannelled, summoned, and returned as aforesaid, directs. are hereby required to come and appear before the Justices of the Peace for the City, Borough, or County wherein the Premises shall lie or be, at some Court of General or Quarter Sessions of the Peace to be holden in and for the same City, Borough, or County, or at some Adjournment thereof, as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed, and to attend such Court of General or Quarter Sessions from Day to Day until discharged by the said Court ; and all Jurymen Parties concerned Îhall and may have their lawful may be Challenges against any of the said Jurymen, but shall

U challenged. not be at Liberty to challenge the Array; and the said Justices are hereby authorized and empowered by Precept or Precepts, from Time to Time as Occasion shall require, to call before them all and every Person and Persons whomsoever who shall be thought proper and necessary to be examined as a Witness or Witnesses on his, her, or their Qath or Oaths, touching or concerning the Premises; and Justices, on the said Justices, if they think fit, shall and may, on

..0" cation of the Application of either Party, likewise authorize either Party. the faid Jury to view the Place or Places or Premises may directa in question in such Manner as they shall direct ; and View of the the said Justices shall have Power to adjourn such

Premises. Court from Day to Day as Occasion shall require, and to command such Jury, Witnesses, and Parties to attend until all such Affairs for which they were summoned shall be concluded ; and the said Jury Jury to assess

the Value on upon their Oaths (which Oaths, as also the Oaths of such Person or Persons as shall be called upon to give Evidence, the said Justices are hereby empowered and required to administer) shall inquire of the Value of such Houses, Buildings, Lands, Tenements, or Hereditaments, and of the propor. K 2

tionable

tionable Value of the respective Estates and Interests of all and every Person and Persons seized or poffefsed thereof, or interested therein, or of or in any Part or Parts thereof, and shall assess and award the Sum or Sums of Money to be paid to such Person or Persons, Party or Parties respectively, for the Purchase of such Houses, Buildings, Lands, Tenements, or Hereditaments, and of such respective Estates and Interests therein, and also for Good-will, Improvements, or any Injury or Damage whatsoever that inay affect any such Person or Persons, Party or Parties, either as Leaseholders or Tenants at Will, provided that such Good-will shall be estimated by what, in the Opinion of such Jury, the same would have been worth in case the Improvements intended by this Act had not been in Contemplation ; and the said Justices shall and may give

Judgment for such Sum or Sums of Money so to Verdiet of be affefsed; which Verdict or Verdicts, and the the Jury, &c. Judgment and Judgments, Determination and Deto be final, terminations thereund previous No.emmations thereupo tice being given to the Person or Persons interested or claiming given to the fo to be, at least Fourteen Days before the Time of Parties in the Meeting of the said Justices as aforesaid and terested.

Jury, by leaving such Notice at the Dwelling House of such Person and Persons, or at his, her, or their last usual Place or Places of Abode, or with some

Tenant or Occupier of the Premises respectively intended to be valued), shall be binding and conclu. five to all Intents and Purposes whatsoever against all Bodies Politic, Corporate, and Collegiate, and all and every Person and Persons claiming any El. tate, Right, Title, Trust, Ule, or Interest in, to, or out of such Houses, Buildings, Lands, Tenements, or Hereditaments and Premises, in Possession, Reversion, Remainder, or Expectancy, as well Infants and Issue unborn, Lunatics, Idiots, and Femes Covert, and Persons under any other legal Incapacity or Disability, as all other Cestuique Trusts, their, his, and her Heirs, Succeffors, Executors, and

« PreviousContinue »