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ceffary for that Purpose, it shall and may be lawful to and for the faid Commiffioners or Trustees or other Perfons as aforefaid, and they fhall have full Power and Authority, to treat, contract, and agree, or to employ any Perfon or Perfons to treat, contract, and agree with the several Owner or Owners, Occupier or Occupiers of all fuch Houses, Walls, Buildings, Lands, and Hereditaments, of whatfoever Nature, Tenure, Kind, or Quality, for the Purposes aforefaid, and to pay for the fame fuch Sum and Sums of Money as fhall be agreed upon by the said Commiffioners or Trustees or other Perfons as aforefaid, 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 Act or Acts of Parliament relating to fuch parochial or other District, or of this Act, and to pull down, ufe, fell, or difpofe of fuch Houses, Walls, and Buildings, and the Materials thereof, and lay the Sites thereof, and also such other Lands, Tenements, or Hereditaments, or fo much thereof as they the faid Commiffioners or Trustees or other Perfons as aforefaid fhall think proper, into the faid Streets or other public Places, and all fuch new Parts of fuch Streets or public Places; and the Owners and Occupiers of Houses and Buildings, Meffuages and other Hereditaments therein and adjoining thereto, fhall be fubject and liable to all the Rates, Affeffments, Powers, Provifions, Orders, Clauses, and Things to be made by virtue of or contained in any local Act or Acts of Parliament relating to fuch parochial or other District, or by virtue of or contained in this Act, in the fame Manner as the prefent Streets and public Places included in any fuch local Act or Acts, or within the Jurifdiction of this Act, and the Owners and Occupiers of Houfes or Buildings and Meffuages or other Hereditaments therein and adjoining thereto. LXXXI. And

Bodies and

incapacitated

LXXXI. And be it further enacted, That it fhall Corporate or and may be lawful for all Bodies Politic, Corporate, Collegiate or Collegiate, Corporations Aggregate or Sole, Tenants for Life or in Tail, or others having a Perfons enpartial or qualified Interest or Estate in any Houses, abled to fell. Lands, Tenements, or Hereditaments, Husbands, Femes Covert, Guardians, Trustees, and Feoffees in Truft for Charities or other Purposes, Committees, Executors, or Administrators, and all other Perfons whomfoever, not only on behalf of themfelves and their refpective Heirs, Executors, Administrators, and Succeffors, but alfo on behalf of all Perfons entitled in Reverfion or Remainder expectant on an Estate Tail, and on behalf of all Perfons entitled in Reverfion or Remainder expectant on an Estate for Life, or other lefs Eftate, or by way of executory Devife, in cafe fuch Perfons fhall be incapacitated or decline to treat, and on behalf of their respective Wives and Ceftuique Trusts, whether Infants, Iffue unborn, Lunatics, Idiots, Femes Covert, or others, and for all and every other Perfon or Perfons whomfoever who are and shall be seized, poffeffed of, or interested in any fuch Houses, Lands, Tenements, or Hereditaments, to treat and agree with the faid Commiffioners or Trustees, or other Perfons having the Control of the Pavements in the Streets or public Places in any parochial or other District within the Jurifdiction of this Act as aforesaid, for the absolute Sale thereof, and to fell and convey to the faid Commiffioners or Trustees, or other Persons as aforefaid, by Feoffment, Lease and Release, or Bargain and Sale, by Deed indented and enrolled in any of His Majefty's Courts of Record at Westminster, for fuch valuable Confideration as fhall be bond fide agreed upon for fuch Houses, Lands, Tenements, or Hereditaments as fhall be adjudged neceffary and convenient for the Purposes aforefaid; and that all Contracts, Agreements, Sales, or Conveyances which fhall be bond fide made for the Purpose aforefaid, fhall be good

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and

When Parties

and effectual in the Law to all Intents and Purpofes; any thing to the contrary thereof in anywife notwithstanding.

LXXXII. And be it further enacted, That if any refufe or are Body or Bodies Politic, Corporate, or Collegiate, or unable to any other Perfon or Persons seized or poffeffed of or treat, &c. a interested in any fuch Houses, Buildings, Lands, Precept to be iffued for Tenements, or Hereditaments as aforefaid, fhall reimpannelling fuse to treat or agree, or fhall not agree, or by a Jury. reafon of Abfence or Difability cannot agree with the faid Commiffioners or Truflees or other Persons having the Control of the Pavements of any Streets or public Places in any parochial or other District within the Jurifdiction of this Act, or with any Perfon or Persons authorized by them, for the Sale and Conveyance of their respective Estates and Interests therein, or cannot be found or known, or fhall not produce and evince a clear Title to the Premifes they are in Poffeffion of, or to the Intereft they claim therein, to the Satisfaction of the faid Commiffioners or Trustees or other Perfons as aforefaid, or of the Perfon or Perfons fo authorized by them, then and in every fuch Cafe it fhall be lawful for the faid Commiffioners or Trustees or other Perfons as aforefaid, and they are hereby required, to iffue 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 fhall refpectively lie or be, who is hereby authorized, directed, and required accordingly to impannel, fummon, and return a competent Number of substantial and disinterested Perfons qualified to ferve on Juries, not lefs than Forty-eight nor more than Seventy-two; and out of fuch Perfons fo to be impannelled, fummoned, and returned, a Jury of Twelve Men fhall be drawn by some indifferent Person to be by the faid Commiffioners or Trustees or other Perfons as aforefaid appointed, in fuch Manner as Juries for the Trial of Iffues joined in His Majefty's Courts at Westminster are

by

who are to

be drawn as 3 G. 2. c. 25.

by an Act made in the Third Year of the Reign of His late Majefty King George the Second, intituled An Act for the better Regulation of Juries, are directed to be drawn; which Perfons fo to be impannelled, fummoned, and returned as aforefaid, directs. are hereby required to come and appear before the Juftices of the Peace for the City, Borough, or County wherein the Premises shall lie or be, at fome Court of General or Quarter Seffions of the Peace to be holden in and for the fame City, Borough, or County, or at fome Adjournment thereof, as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed, and to attend fuch Court of General or Quarter Seffions from Day to Day until discharged by the faid Court; and all Jurymen Parties concerned fhall and may have their lawful may be challenged. Challenges against any of the faid Jurymen, but fhall not be at Liberty to challenge the Array; and the faid Justices are hereby authorized and empowered by Precept or Precepts, from Time to Time as Occafion fhall require, to call before them all and every Perfon and Perfons whomfoever who shall be thought proper and neceffary to be examined as à Witness or Witneffes on his, her, or their Oath or Oaths, touching or concerning the Premises; and the faid Justices, if they think fit, shall and may, on the Application of either Party, likewife authorize either Party, the faid Jury to view the Place or Places or Premiles may direct a in question in fuch Manner as they fhall direct; and View of the the faid Juftices fhall have Power to adjourn fuch Court from Day to Day as Occafion fhall require, and to command fuch Jury, Witneffes, and Parties to attend until all fuch Affairs for which they were fummoned shall be concluded; and the faid Jury upon their Oaths (which Oaths, as alfo the Oaths of fuch Perfon or Perfons as fhall be called upon to give Evidence, the faid Juftices are hereby empowered and required to adminifter) fhall inquire of the Value of fuch Houses, Buildings, Lands, Tenements, or Hereditaments, and of the proportionable

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Justices, on

the Appli

cation of

Premises.

Jury to affefs th

the Value on Oath.

Verdict of

the Jury, &c.

to be final, previous Notice being given to the

Parties interested.

tionable Value of the respective Estates and Interests of all and every Perfon and Perfons feized or poffeffed thereof, or interested therein, or of or in any Part or Parts thereof, and fhall affefs and award the Sum or Sums of Money to be paid to fuch Perfon or Persons, Party or Parties respectively, for the Purchase of fuch Houses, Buildings, Lands, Tenements, or Hereditaments, and of fuch refpective Estates and Interests therein, and alfo for Good-will, Improvements, or any Injury or Damage whatsoever that may affect any fuch Perfon or Perfons, Party or Parties, either as Leafeholders or Tenants at Will, provided that such Good-will shall be estimated by what, in the Opinion of fuch Jury, the fame would have been worth in cafe the Improvements intended by this A&t had not been in Contemplation; and the faid Juftices fhall and may give Judgment for fuch Sum or Sums of Money fo to be affeffed; which Verdict or Verdicts, and the Judgment and Judgments, Determination and Determinations thereupon, (Notice in Writing being given to the Person or Perfons interested or claiming fo to be, at least Fourteen Days before the Time of the Meeting of the faid Juftices as aforefaid and Jury, by leaving fuch Notice at the Dwelling House of fuch Perfon and Perfons, or at his, her, or their last usual Place or Places of Abode, or with some Tenant or Occupier of the Premifes refpectively intended to be valued), fhall be binding and conclufive to all Intents and Purposes whatsoever against all Bodies Politic, Corporate, and Collegiate, and all and every Perfon and Perfons claiming any Eftate, Right, Title, Truft, Ufe, or Interest in, to, or out of fuch Houses, Buildings, Lands, Tenements, or Hereditaments and Premises, in Poffeffion, Reverfion, Remainder, or Expectancy, as well Infants and Iffue unborn, Lunatics, Idiots, and Femes Covert, and Perfons under any other legal Incapacity or Difability, as all other Ceftuique Trufts, their, his, and her Heirs, Succeffors, Executors, and

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