to Parties interested. hereby required accordingly to impannel, summon and return a Jury of Twenty four honest, sufficient and indifferent Men, qualified according to the Laws of this Realm to be returned for the Trials of Issues at the Assizes, to appear before the Sheriff, Undersheriff, Coroner or such other Person or Persons, at such Time and Place as in such Warrant shall be appointed, such Time not being less than Twenty one or more than Twenty eight Days after such Warrant shall be served upon the said Sheriff, Notice of Jury Undersheriff, Coroner or such other Person or Persons; and Fourteen Days' Notice at least in Writing under the Hands of the Commissioners, or any Five of them, is hereby required to be given to such Owners, Proprietors, Occupiers, Corporations, Trustees or any other Person or Persons as aforesaid, interested or claiming to be interested in any such Houses or other Hereditaments, or to be left at the respective Dwelling Houses or Places of Abode of such Person or Persons, or of the head Officer or Officers of such Corporation, or at the House of the Tenant in Possession of such Houses or other Hereditaments, of the Time and Place of the said Jury being so impannelled, summoned and returned; and the said Sheriff, Undersheriff, Coroner or such other Person or Persons, are and is hereby required, out of the Persons so impannelled, summoned and returned, or out of such of them as shall appear upon such Summons, to swear or cause to be sworn Twelve, who shall be the Jury for the Purposes aforesaid; and in Default of a sufficient Number of Jurymen, the said Sheriff, Undersheriff, Coroner or such other Person or Persons, shall return other honest, sufficient and indifferent Men of the Standers by, or that can speedily be procured to attend that Service (being qualified as last aforesaid), to make up the said Jury to the Number of Twelve; and it shall and may be lawful for all Persons concerned, by themselves, their Counsel and Solicitors, to attend and be heard, and to adduce Evidence before the said Sheriff, Undersheriff, Coroner or such other Person or Persons respectively; and such Persons shall also have their lawful Challenges against any of the said Jurymen when they come to Witnesses to be be sworn, but shall not challenge the Array; and the said Sheriff, Proceedings, where not sufficient Jury men. summoned. Undersheriff, Coroner or such other Person or Persons, is and are hereby required, by a Summons or Notice to be signed by such Sheriff, Undersheriff, Coroner or such other Person or Persons, either previous to or at the Time of any such Meeting or Meetings, to call before them all and every Person or Persons who shall be thought necessary and proper to be examined as a Witness or View by Jury. Witnesses upon Oath, touching and concerning the Premises; and the said Sheriff, Undersheriff, Coroner or such other Person or Persons, may order and authorize the said Jury, or any Three or more of them, to view the Place or Places, or Matter or Matters in question, if there be Occasion, or to use all other lawful Ways and Means, as well for his and their own, as for the Jury's better Information in the Premises, as the said Sheriff, Undersheriff, Coroner or such other Person or Persons shall think fit; and the said Jury shall upon their Oaths, which Oaths, as well as the Oaths to such Person or Persons as shall be called upon as Witnesses, the said Sheriff, Undersheriff, Coroner or such other Person or Persons is hereby empowered and required to administer, inquire Jury to ascertain the Matters upon Oath. inquire of, assess and ascertain the Sum of Money to be paid for the Purchase of such Houses or other Hereditaments, or as Compensation for the Damages to be occasioned thereto, as the Case may require; and after the said Jury shall have inquired of, ascertained and settled the Amount of such Purchase Money or Compensation, the said Sheriff, Undersheriff, Coroner or such other Person or Persons, shall thereupon order the Sum or Sums of Money so assessed by the said Jury to be paid by the said Commissioners for the Purchase of such Houses or other Hereditaments, or as a Compensation for the Damages to be occasioned thereto, according to such Verdict or Inquisition of the said Jury, and shall give Judgment for such Purchase Money or Judgment final. Compensation Money, which said judgment shall specify the Hereditaments in respect, of which the same shall be given, and shall be signed by the said Sheriff, Undersheriff, Coroner or such other Person or Persons, and shall be final, binding and conclusive to all Intents and Purposes upon and against all Parties and Persons whomsoever claiming any Estate, Interest or Trust in Fee Simple or Fee Tail, for Life or Lives, in Possession, Reversion, Remainder, Expectancy or otherwise, their Heirs, Successors, Executors and Administrators, Infants, Issue unborn, Femes Covert, Persons beyond Seas and under any other Disability whatsoever, Bodies Politic, Corporate or Collegiate, Ecclesiastical or Civil, Corporations Aggregate or Sole, as well as all other Persons whatsoever, and shall not be removed by Certiorari or other Pro- No Certiorari. cess into any of His Majesty's Courts of Record at Westminster, or any other Court, any Law or Statute to the contrary thereof notwithstanding; and after any Verdict and Judgment shall have No Inquiry into been found and given for the Sum to be paid by the said Com- Matters of missioners for the Purchase of any of the aforesaid Houses, Form, &c, after Gardens, Lawns, Orchards or Grounds, no Person or Persons, or Judgment. Body or Bodies Corporate whatsoever, shall be at liberty to question or dispute the Propriety or Validity thereof, or to inquire whether the Notices hereby required to be given were or not properly and duly given, or whether any of the other requisite Forms were or not properly complied with, or whether the Jury by whom such Verdict was found was or not properly summoned, impannelled and constituted, or whether the said Judgment was or not given and signed by the proper Officer, or whether the Circumstances of the Case were such as made it necessary or proper for such Verdict and Judgment to be found and given; but the several Matters aforesaid shall be inquired into and ascertained by the Officer by whom such Judgment shall be signed before the same shall be signed. XI. And be it further enacted, That in all Cases where a Jury Interests of parshall, under the Provisions herein contained, assess the Sum or ticular Tenants Sums of Money to be paid for the Purchase of or as a Com- to be valued. pensation for Damages occasioned to any Houses or other Hereditaments in which any Person or Persons shall have a particular Estate, Term or Interest, the said Jury shall by their Verdict settle what Share or Shares of such Sum or Sums of Money shall belong to such Person or Persons in respect of such particular Estate, Term or Interest. XII. Pro Persons requiring a Jury to give Security. Sheriff, &c. neglecting to summon, &c. Jury. Penalty. Jurors not attending, &c. Penalty. Witnesses not attending, &c. Penalty. Perjury. No Claim for Damage un less on Notice. XII. Provided always, and be it further enacted, That all and every Body or Bodies and Person or Persons requesting a Jury to be summoned as aforesaid, shall, before the said Commissioners shall issue their Warrant for that Purpose, enter into a Bond with Two sufficient Sureties to the Clerk of the said Commissioners, in a Penalty of Two hundred Pounds, with a Condition to bear and pay the Costs and Expences of summoning such Jury and taking such Verdict, in case he, she or they shall be liable to bear and pay the same under the Provisions hereinafter contained. XIII. And be it further enacted, That if any Sheriff, Undersheriff, Coroner or such other Person so directed to impannel, summon and return a Jury as aforesaid, or his Deputy or Agent, shall make Default in the Premises, he shall for every such Offence forfeit and pay the Sum of Twenty Pounds, to be recovered by Action of Debt or on the Case, in any of His Majesty's Courts of Record at Westminster, by the said Commissioners, or by such Bodies Politic, Corporate or Collegiate, Ecclesiastical or Civil, or any other Person or Persons interested in the Matter in question; and if any Person so impannelled, summoned and returned as aforesaid upon such Jury, shall not appear without some reasonable Excuse, or appearing shall refuse to be sworn on the said Jury, or being so sworn shall refuse to give or shall not give his Verdict, or shall in any other Manner wilfully neglect his Duty therein, contrary to the true Intent and Meaning of this Act, he shall be liable and subject to the same Regulations and to the same Pains and Penalties for such Default as if he had been impannelled, summoned and returned for the Trial of any Issue at the Assizes; and if any Person so summoned and required to give Evidence before the said Jury touching the Premises, after having been paid or tendered a reasonable Sum for his, her or their Costs and Expences, shall neglect or refuse to appear, or shall not allege a sufficient Excuse to the said Sheriffs, Undersheriffs, Coroner or such other Person or Persons for not appearing, or appearing shall refuse to be sworn or examined or to give Evidence, then and in every such Case every such Person so offending, upon Proof thereof made before One of His Majesty's Justices of the Peace for the County in which the Matter or Questions shall arise, upon the Oath of One or more credible Witness or Witnesses, shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds, according to the Discretion of the said Justice. XIV. And be it further enacted, That every Person who, in any Examination to be taken upon Oath by virtue of this Act, shall wilfully and corruptly give false Evidence or otherwise forswear himself or herself before any such Jury, or before any Justice of the Peace acting as such in the Execution of this Act, shall and may be prosecuted for the same, and upon Conviction thereof shall be subject and liable to such and the same Pains and Penalties as Persons guilty of Perjury are by the Laws in being subject and liable to. XV. And be it further enacted, That the said Commissioners shall not be obliged or allowed by virtue of this Act to receive or take Notice of any Claim or Claims, Complaint or Complaints to be made by any Person or Persons whomsoever, for any Injury or Damage Damage by him, her or them sustained or supposed to be sustained, unless Notice shall have been given thereof, by or on behalf of such Person or Persons, to the Clerk of the said Commissioners, within the Space of Six Calendar Months next after the Time that such supposed Injury or Damage shall have been sustained, or the doing or committing thereof shall have ceased. pre Costs and Ex herein men tioned. XVI. And be it further enacted, That in each and every Case where a Verdict shall be given for more Money, as a Recompence and Witnesses, pences of Jury or Satisfaction for the absolute Sale of any of the said Houses, by whom to be Gardens, Lawns, Orchards and Grounds, or as a Compensation paid in the for any Damages done or to be done thereto, than had been several Cases viously offered by or on behalf of the said Commissioners, or where any Verdict shall be found for any Damages, when the Dispute is for Damages only, and where no Compensation or a smaller Sum than shall be given by such Verdict shall have been previously offered or tendered in respect thereof by or on behalf of the said Commissioners, or where by reason of Absence in foreign Countries or other Impediment or Disability as aforesaid, there shall not be found any Person or Persons at hand who shall be legally capacitated to enter into a Contract with and make Conveyances to, and receive Compensation from the said Commissioners, as hereinbefore mentioned, then and in all such Cases all the Expences of impannelling, summoning and returning such Jury and taking such Verdict, shall be settled by the said Sheriff, Undersheriff, Coroner or such other Person or Persons so impannelling, summoning and returning such Jury and taking such Verdict as aforesaid, and be defrayed by the said Commissioners; but if any Verdict shall be given for the same Sum as had been previously offered by or on behalf of the Commissioners, or for a less Sum than had been so previously offered, or for Damages not exceeding Forty Shillings, or in case no Verdict for Damages shall be given, where the Dispute is for Damages only, or in case of such Refusal or Neglect to enter into Treaty with or make Conveyances to or receive Compensation from the said Commissioners, or in case the Person or Persons claiming to be entitled to or interested in any of the said Houses, Orchards, Gardens, Tenements or Hereditaments, shall not be able to make out a sufficient Title thereto, then and in all such Cases (except where by reason of Absence or otherwise any Person or Persons shall have been prevented from treating or agreeing as aforesaid, when such Costs and Expences shall be paid by the said Commissioners), the Costs and Expences of impannelling, summoning and returning such Jury and taking such Verdict, shall be borne and paid by the Body or Bodies Politic, Corporate or Collegiate, Ecclesiastical or Civil, or other Person or Persons as aforesaid and deducted out of the Sum or Sums so assessed or adjourned, and the Payment or Tender or Deposit of the Remainder of such Sum or Sums shall be deemed and taken to all Intents and Purposes to be a Payment or Tender or Deposit of the whole Sum or Sums so assessed and adjudged; and in case no Damages shall be given by such Verdict, when the Dispute is for Damages only, or if the Damages given shall be insufficient for the Purpose of defraying such Costs and Expences, then such Costs and Expences, after having been so ascertained and settled as aforesaid shall Lands, &c. vested in Com missioners on Verdicts and Judgments to be recorded. Inspection. Application of Compensation Money, if exceeding 2007. 1 G. 4. c.35. shall and may be recovered by the said Commissioners by such Ways and Means as are herein provided for the Recovery of any Penalty or Forfeitures imposed by this Act. XVII. And be it further enacted, That upon Payment or legal Tender of the Sum or Sums of Money which shall have been contracted and agreed for between the Parties, or which shall have been assessed and adjudged as aforesaid to be the Sum or Sums of Money to be paid by the said Commissioners, for the Purchase of any of the said Houses, Gardens, Lawns, Orchards or Grounds, or as a Compensation for Damages to be occasioned thereto, to the Proprietor or Proprietors thereof, or to such other Person or Persons as shall be interested therein, or entitled to receive such Purchase Money, or his, her or their Agent or Agents, at any Time after the same shall have been actually so agreed for or adjudged, or upon depositing the same in the Bank of England in Manner hereinafter directed, it shall and may be lawful for the same Commissioners and their Agents, Servants and Workmen, immediately to enter upon the Houses or other Hereditaments in respect of which such Sum or Sums of Money shall have been so paid, tendered or deposited, together with the yearly Profits thereof; and in case such Sum or Sums shall have been so paid, tendered or deposited for the Purchase of such Houses or other Hereditaments, then and immediately upon such Payment, Tender or Deposit being made, the Fee Simple and Inheritance of the same Houses or other Hereditaments shall become vested in the said Commissioners, and all other Estates, Uses, Trusts and Interests whatsoever, of and in such Houses or other Hereditaments, shall immediately cease, determine and be void. XVIII. And be it further enacted, That the said Judgments and Verdicts so given shall be transmitted to and be kept by the respective Clerks of the Peace, or other Person or Persons having the Custody of the Records of the Quarter Sessions of the County where such Verdict shall have been given, and shall be deposited with and be deemed Records of such Quarter Sessions respectively, to all Intents and Purposes, and the same or true Copies thereof, shall be allowed to be good Evidence in all Courts whatsoever; and all Persons shall have Liberty to inspect the same, paying for such Inspection the Sum of One Shilling, or to have Copies thereof, paying for every Copy the Sum of Sixpence for every Seventy two Words, and so in proportion for any greater or less Number of Words. XIX. And be it further enacted, That if any Money shall be agreed or awarded to be paid for any of the said Houses, Gardens, Lawns, Orchards or Grounds, which shall belong to any Corporation, Feme Covert, Infant, Lunatic or any other Person or Persons under any other Disability or Incapacity, such Money shall, in case the same shall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Exchequer, to be placed to his Account there, ex parte the Body Corporate or Person or Persons to whom the same shall belong, pursuant to the Method prescribed by an Act passed in the First Year of the Reign of His present Majesty, intituled An Act for the better securing Monies and Effects paid |