and built thereon, with the Rights, Members, Easements and Appurtenances to the same respectively belonging, shall in like Manner be and become, and remain and continue vested in the Secretaries for the Time being to the said Commissioners and their Sucesssors, as Secretaries in such Service, according to the respective Nature and Quality of the said Mannors, Messuages, Lands, Tenements and Hereditaments, and the several Estates and Interests of and in the same respectively, in Trust as aforesaid. XXXVII. And be it further enacted, That upon the Death, Resignation or Removal of the present Secretaries to the said Commissioners or any of them, or of any future Secretaries, all such Manors, Messuages, Lands, Tenements and Hereditaments in Successors. respectively (other than and except as aforesaid), shall become vested in and be held by the respective Secretaries to the said Commissioners, and so in perpetual Succession, according to the respective Nature and Quality of the said Manors, Messuages, Lands, Tenements and Hereditaments, and the several Estates and Interests of and in the same respectively, in Trust as aforesaid.

Upon Death of present Secretaries, Lands to

become vested

Secretaries,

under Autho

rity of Commis

XXXVIII. And be it further enacted, That it shall and may be lawful for the said several Secretaries for the Time being, or any of them, by and under the Authority and Direction of the said sioners may sell Commissioners, (testified by Writing under their Hands and Seals,) or let Lands to sell, exchange or in any Manner dispose of, or to let, set or vested in them demise, as well any of the Freehold and Leasehold Manors, Mes- as herein mensuages, Lands, Tenements and Hereditaments respectively which tioned. shall for the Time being be vested in them respectively under and by virtue of this present Act, with their respective Appurtenances, as also any of the Copyhold Messuages, Lands, Tenements and Hereditaments which shall have been surrendered to and vested in any Person or Persons, and his, her or their Heirs and Assigns, in Trust for His said Majesty or any of His Predecessors, His or Their Heirs or Successors, for the Use and Service of His Majesty's Customs in the said United Kingdom, or any of them, either by public Auction or private Contract; and as to the said Freehold and Leasehold Manors, Messuages, Lands, Tenements and Hereditaments, that it shall and may be lawful to and for the said respective Secretaries for the Time being to the said Commissioners, and as to the said Copyhold Messuages, Lands, Tenements and Hereditaments, that it shall and may be lawful to and for the said Person or Persons in whom the same shall be vested as aforesaid, in due form of Law, to convey, surrender, assign, make over, or to grant or demise the same respectively, or any of them, as the Case may require, to any Person or Persons who shall be willing to purchase or take the same respectively; and also to carry into Execution any Contract or Contracts already entered into for the Sale of any such Freehold, Copyhold or Leasehold, Messuages, Lands, Tenements or Hereditaments as aforesaid, with such Alterations or Variations as the said Commissioners for the Time being, or any Four or more of them, shall by Writing under their Hands direct, and for that Purpose to make and execute all such Conveyances, Assurances and Agreements as may be thought proper: and also to do any other Act, Matter or Thing, in relation to any such Manors, Messuages, Lands, Tenements and Hereditaments,

Monies produced by Sale of such Lands, to be paid to Receiver General,

Whose Receipt

shall be a discharge.

After Payment, Purchasers to stand possessed of Lands, &c. discharged of prior Claim.

Exception.

Treasury may authorize Persons to survey and mark out Lands for

&c.

Hereditaments, which shall by the said Commissioners be deemed beneficial for the Public Service in relation thereof, or for the better Management thereof, and which might be done by any Person or Persons having a like Interest in any such Manors, Messuages, Lands, Tenements or Hereditaments.

XXXIX. And be it further enacted, That the Monies to arise and be produced by Sales or Exchange of any of the said Manors, Messuages, Lands, Tenements or Hereditaments, which shall be sold or exchanged, or conveyed under the Provisions of this present Act, including the Monies already paid by way of Deposit for the Purchase of any Hereditaments already contracted to be sold, and the Residue of the Monies to be received in respect or on account of such Contract, shall be paid by the respective Purchaser or Purchasers thereof, or the Person or Persons making such Exchange, unto the Receiver General of His Majesty's Customs for the Time being, or to such Person or Persons as the said Commissioners for the Time being, or any Four or more of them, shall direct or appoint to receive the same, in Trust for His Majesty, His Heirs and Successors, for the Use and Service of the said Customs; and that the Receipt of the said Receiver General or such other Person or Persons as aforesaid, for such Monies (such Receipt to be endorsed on every such Conveyance, Surrender or Assignment as aforesaid), shall effectually discharge the Purchaser or Purchasers, or Person or Persons, by whom or on whose Account the same shall be so paid.

XL. And be it further enacted, That immediately from and after the Payment of such Purchase Money, and the Execution of every such Conveyance, Surrender and Assignment as aforesaid, the Purchaser or Purchasers therein named shall be deemed and adjudged to stand seised and possessed of the Manors, Messuages, Lands, Tenements and Hereditaments, which shall be so purchased by, and conveyed, surrendered, assigned or made over to him, her or them respectively, freed and absolutely discharged of and from all and all Manner of prior Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances and Demands whatso. ever, which can or may be had, made, set up, in, to, out of, or upon or in respect of the same Manors, Messuages, Lands, Tenements and Hereditaments, by any Person or Persons whomsoever, by, from or under or in Trust for His Majesty, His Heirs and Successors, on any Account whatsoever; save and except such Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances, Claims and Deniands, if any, as in any such Conveyance, Surrender or Assignment shall be excepted.

XLI. And be it further enacted, That it shall be lawful for the said Lord High Treasurer, or for the said Commissioners of the Treasury for the Time being, from time to time, by any Writing under their Hands, to authorize any Person or Persons to survey Watch Houses, and mark out any Lands, not exceeding One Half Acre at any One Station, which are or may be wanted for the Purposes of erecting and maintaining Watch Houses, Dwelling Houses, and other Buildings requisite and necessary for the Security and Protection of the Revenues of Customs and Excise, with all necessary Ways unto and from the same, or any or either of them, such Lands being situated within Half a Mile of the Sea Shore, or of the

the Tideway of any navigable River; and to authorize any Person or Persons, by Warrant as aforesaid, to treat and agree with the Owner or Owners, or any Person or Persons interested therein, of any such Lands, or of any Messuages, Tenements, Hereditaments or Premises which may be requisite and necessary as aforesaid for the Possession thereof, for such Time or Term of Years as the Public Service shall require.

XLII. And be it further enacted, That it shall be lawful for all Bodies Politic or Corporate, Ecclesiastical or Civil, and all Feoffees or Trustees for charitable or other public Purposes, and for all Tenants for Life and Tenants in Tail, and for the Husbands, Guardians, Trustees, Committees, Curators or Attornies of such of the Owners or Proprietors of or Persons interested in any such Lands, Messuages, Tenements, Hereditaments or Premises required for such Public Service, as shall be Femes Covert, Infants, Lunatics, Idiots or Persons beyond the Seas, or otherwise incapable of acting for themselves, to contract and agree with such Person or Persons authorized as aforesaid, for the Grant of any Lease of such Lands, Messuages, Tenements, Hereditaments or Premises, either for any Term of Years certain therein, or for such Periods as the Public Service shall require, and to demise or grant the same unto the said Lord High Treasurer, or Commissioners of His Majesty's Treasury, in Trust for His Majesty, His Heirs and Successors accordingly; and all such Leases and Agreements shall be valid and effectual in Law, to all Intents and Purposes whatsoever.

XLIII. And be it further enacted, That in case any such Bodies or other Persons hereby authorized to contract on behalf of themselves or others as aforesaid, or any other Person or Persons interested in any such Lands so marked out, or any Messuages, Tenements, Hereditaments or Premises required as aforesaid, shall, for the Space of Fourteen Days next after Notice in Writing subscribed by such Person or Persons authorized as aforesaid, shall have been given to the principal Officer or Officers of any such Body, or to such other Persons hereby authorized to contract on behalf of others, or interested themselves as aforesaid, or left at his, her or their usual Place of Abode, refuse or decline to treat or agree, or by reason of Absence shall be prevented from treating or agreeing with such Person or Persons authorized as aforesaid, or shall refuse to accept such annual Rent or Sum as shall be offered for the Hire thereof, either for a Time certain or for such Period as the Public Service may require; and in case also it shall not be practicable to procure, by voluntary Bargain or Sale, any other Land situate as aforesaid, or of any Messuages, Tenements, Hereditaments or Premises required as aforesaid, and suited to the Purpose for which such Lands, Messuages, Tenements, Hereditaments or Premises are required, then and in such Case it shall be lawful for Two or more Justices, or Three or more Deputy Lieutenants (One of whom shall be a Justice of the Peace) or Two or more Deputy Governors for the County, Riding, Stewartry, City or Place wherein such Lands, Tenements, Messuages, Hereditaments or Premises shall be, to put His Majesty's Officers in Possession of such Lands, Messuages, Tenements, Hereditaments or Premises; and for that Purpose to issue a Warrant, under 6 GEO. IV. their

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Jury summoned, who

shall find Compensation.

Witnesses summoned.

Jury or Wit

nesses not at

tending, meeting adjourned.

Lands that are

their Hands and Seals, requiring Possession to be delivered to such of His Majesty's Officers as shall be named in the said Warrant; and it shall also be lawful for such Person or Persons so authorized as aforesaid, to require the said Justices, Deputy Lieutenants or Deputy Governors of such County, Riding, Stewartry, City, Liberty or Place, to issue their Warrant to the Sheriff or Sheriffs of the County, Riding, Stewartry, City or Place wherein such Lands, Messuages, Tenements, Hereditaments or Premises shall be situate, to summon a Jury; and every such Sheriff or Sheriffs is and are hereby authorized and required to summon and return a Jury, properly qualified, of the Number of Twenty four, and in the Manner required by the Laws of England, Ireland and Scotland respectively, who shall meet at some convenient Time and Place to be mentioned in such Summons, out of whom a Jury of Twelve shall be drawn, in such Manner as Juries for the Trial of Issues joined in His Majesty's Courts at Westminster and Dublin are drawn by Law in England or Ireland respectively, and in such Manner as Juries are drawn by Law for the Trial of Offences in Scotland; and in case a sufficient Number shall not appear, the Sheriff or Sheriffs shall choose others, of the Bye standers, or that can speedily be procured, being qualified as aforesaid, and the said Jurymen may be challenged by the Parties on either Side, but not the Array; and the said Justices, Deputy Lieutenants or Deputy Governors respectively, on the Application of the said Persons so authorized, or of any Parties concerned, may and shall summon Witnesses and adjourn any such Meeting, if Jurymen or Witnesses do not attend; and the Jury on hearing any Witnesses and Evidence that may be produced, shall on their Oaths, (which Oaths, as also the Oaths of such Witnesses, the said Justices, Deputy Lieutenants or Deputy Governors respectively, are hereby empowered and required to administer,) find the Compensation to be paid for the Possession or Use of such Lands, as the Case may be.

suitable may be taken in lieu of

such as have been marked

out.

XLIV. Provided always, and be it further enacted, That if the Owner or Owners of any Lands, Messuages, Tenements, Hereditaments or Premises so required, or any Person or Persons interested therein, shall at any Time before the summoning of such Jury as aforesaid, give Notice in Writing of any other Lands situate as aforesaid, and of any other Messuages, Tenements, Hereditaments or Premises so required as aforesaid, and suited to the Purpose for which such Lands are required, and which the Owner or Owners thereof, or Persons interested therein, are willing to treat and agree for, then and in such Case the Jury so to be summoned shall previously find the Facts, whether the Lands so indicated in such Notice are situate within the Distance aforesaid, and are suited to the Purpose for which such Lands, Tenements, Messuages, Hereditaments or Premises may be required, and whether the Owner or Owners thereof or Persons interested therein, are willing to treat and agree for the same; and if they shall so find, the Owner or Owners of or Persons interested in the Lands so surveyed or marked out as aforesaid, or of the Messuages, Tenements, Hereditaments or Premises so required, shall not be compellable by virtue of this Act to sell or dispose of the same: Provided always, that where the Owner or

Owners

Owners of or Persons interested in any Lands, Messuages, Tenements, Hereditaments or Premises required by virtue of this Act to be given up for the Purposes aforesaid, shall prefer to sell the same outright, and shall be able to make a good Title to the Fee Simple thereof, it shall be lawful for them to insist on so doing; and in such Case the Jury so summoned as aforesaid shall find the Value of the Fee Simple of such Lands, Tenements, Messuages, Hereditaments or Premises, and the same shall be paid to the Owner or Owners thereof, or Persons interested therein, in the Manner directed by this Act.

Persons dissa

tisfied with Verdict, Appeal to

Court of Exchequer in England or Ireland, or to Court of Ses

sion, &c. in Scotland.

Proceedings

XLV. Provided always, and be it further enacted, That if the said Lord High Treasurer, or the said Commissioners of His Majesty's Treasury, or any Person interested therein, shall be dissatisfied with the Verdict of any such Jury, it shall be lawful for them, or their Attornies in England and Ireland, to apply to the Court of Exchequer at Westminster or Dublin respectively, in the next Term, and in Scotland to apply within Fourteen Days after the finding any such Verdict, to the Court of Session in Scotland in Time of Session, or Lord Ordinary on the Bills in Time of Vacation, and to suggest to the said Courts or Lord Ordinary thereon. respectively, that they have reason to be dissatisfied with such Verdict, and forthwith to give Notice thereof to the said Lord High Treasurer or Commissioners, or Party (as the Case may be), and thereupon in England and Ireland the Proceedings that shall have been had, and the Verdict of such Jury, shall be returned into the said Courts of Exchequer respectively; and if it shall appear to the said Courts to be proper, a Suggestion shall be entered on such Proceedings as aforesaid, and a Writ shall thereupon, by Rule of such Court, or Order of any Judge of such Court, be directed to the Sheriff of such County where the Lands shall lie, or the Messuages, Tenements, Hereditaments or Premises shall be, or if the same shall lie or be in Two Counties, to the Sheriff of either of such Counties, to summon either a Common or Special Jury according to the Application that shall have Jury. been made on that Behalf, and as the Court or such Judge shall allow, and who shall respectively be qualified according to Law to appear before the said Justice of Assize or Nisi Prius of that County, at the next Assizes or Sittings of Nisi Prius, if the same shall not happen sooner than Twenty one Days after such Suggestion, otherwise at the next succeeding Assizes or Sittings, and the Compensation to be paid for the Possession or Use of such Compensation, Lands, Messuages, Tenements, Hereditaments or Premises, shall how enquired at such Assizes or Sittings be ascertained by such Jury, in like of; Manner as any Damages may be inquired of upon any Inquisition or Inquiry of Damages by any Jury before any Judge of Assize or Nisi Prius, and the Verdict of such Jury shall be returned to the said Courts of Exchequer, and shall be final and conclusive; and in Scotland, if it shall appear proper to the said Court of Session or Lord Ordinary, upon such Application so to do, the said Court or Ordinary shall order and direct the Sheriff of the County where such Lands, Messuages, Tenements, Hereditaments or Premises shall lie and be, or if the same shall lie or be in Two Counties, the Sheriff of either of such Counties, to summon another Jury in the Manner in which Juries are summoned in Scotland, properly

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