Witneffes examined.

Adjournment,

&c.

Notice to Parties

to call before them all and every Perfon or Perfons whomsoever, who fhall be thought proper and neceffary to be examined as a Witnefs or Witneffes, on his, her or their Oath or Oaths, Affirmation or Affirmations, touching or concerning the Premises; and the faid Juftices, if they think fit, fhall and may, on the Application of either Party, likewife authorize the faid Jury to view the Place or Places, or Premifes in queftion, in fuch manner as they fhall direct; and the said Juftices fhall have full Power to adjourn fuch Court from Day to Day, as Occafion fhall require, and command fuch Jury, Witnefs, and Parties to attend until all fuch Affairs for which they were fummoned fhall be concluded, and the faid Jury, upon their Oaths (which Oaths, as also the Oaths or Affirmations of fuch Perfons or Perfon as fhall be called upon to give Evidence, the faid Juftices are hereby empowered and required to adminifter) fhall enquire of the Value of fuch Houses, Buildings, Lands, Tenements or Hereditaments, and of the proportionable Value of the respective Estate and Interefts of all and every Perfon and Perfons feifed or poffeffed thereof, or interested therein, or of or in any Part or Parts thereof, and fhall affefs or award the Sum or Sums of Money to be paid to fuch Perfon or Perfons, Parties or Party refpectively, for the Purchase of fuch Houfes, Buildings, Lands, Tenements or Hereditaments, or of fuch refpective Eftates and Interefts therein, and alfo for Good Will, Improvements, or any Injury or Damage that may affect any fuch Perfon or Perfons, Party or Parties, either as Leafehold or Tenant at Will, provided that fuch Good-Will fhall be eftimated by what, in the Opinion of fuch Jury, the fame would have been worth, in cafe the Improvements intended by this Act 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 interefted, or claiming fo to be, at leaft Fourteen Days before the time of the Meeting of the faid Juftices as aforefaid) and the Jury, by leaving fuch Notice at the Dwelling House of such Perfon or Perfons, or at his, her or their ufual Place or Places of Abode, or with fome Tenant or Occupier of the Premises respectively intended to be valued, fhall be binding and conclufive, to all Intents and Purpofes whatsoever, against all Bodies Politick, Corporate or Collegiate, and all and every Perfon or Perfons claiming any Eftate, Right, Title, Truft, Ufe or Intereft in to or out of fuch Houfes, Buildings, Lands, Tenements, Hereditaments and Premifes in Poffeffion, Reverfion, Remainder or Expectancy, as well Infants, Iffue unborn, Lunatics, Idiots and Femes Covert, and Perfons under any other legal Incapacity or Difability, and all other Cefluique Trusts, their, his, and her Heirs, Succeffors, Executors and Administrators, and against all other Perfons whomfoever; and the faid Verdicts, Judgments, Determinations and all other Proceedings of the faid Juftices and Juries fo to be made, given and pronounced as aforefaid, fhall be fairly written on Parchment, and figned by the Clerk of the Peace for the time being, of the County, City, Divifion, Diftrict or Liberty, wherein the Premifes fhall refpectively lie or be; and in cafe it fhall fo happen that the Sum or Sums of Money fo to be affeffed, in confequence of fuch Refufal to treat and agree as aforefaid, as the Value of fuch Houses, Buildings, Lands, Tenements or Hereditaments,

ditaments, or as fuch proportionable Value as aforefaid, and as the
Recompence and Satisfaction to be made for the Injury or Damage
fuftained as before mentioned refpectively, fhall not exceed the Sum
or Sums of Money which the faid Directors, or any Perfon or Perfons
authorized by them, fhall have previously offered to pay as and for
fuch Value, Recompence and Satisfaction, then, and in every fuch
Cafe, all the reafonable Cofts, Charges and Expences of caufing
and procuring fuch Value and Recompence to be affeffed and awarded,
as aforefaid, and of fo affeffing and awarding the fame, fhall be borne
and paid by the Body or Bodies Politick, Corporate or Collegiate, or
other Perfon or Perfons fo feifed or poffeffed of, or interested in fuch
Houfes, Buildings, Lands, Tenements or Hereditaments; and fo re-
fufing to treat and agree as before mentioned respectively; and the faid
Directors are hereby authorized and empowered to deduct and retain
the Cofts, Charges and Expences, out of the Sum or Sums of Money
fo to be affeffed or awarded as aforefaid, or out of any Part thereof;
and in case the Sum or Sums fo affeffed or awarded as aforefaid fhall
exceed the Sum or Sums of Money offered by the faid Directors, then
fuch Cofts as aforefaid fhall be paid by the faid Directors out of the
Funds of the faid Company: Provided always, that in all Cafes Provifo.
where any Perfon or Perfons fhall, by reafon of Abfence, have
been prevented from treating refpecting fuch Recompence and Satis-
faction as aforefaid, the Whole of fuch Coits, Charges and Expen-
ces shall be borne and paid by the faid Company in manner afore-
faid.

Fines on Sheriff

not obeying

and other Perfoné

XLIV. And be it further enacted, That the faid Juftices fall have Power from time to time, to impofe any reafonable Fine, not exceeding the Sum of Ten Pounds on fuch Sheriff or Bailiffs, or his Deputy or Deputies, Bailiffs or Agents refpectively, making Default in the Premifes, and on any of the Perfons who shall be fummoned and returned on any fuch Jury or Juries and fhall not appear, or, appearing, fhall refufe to be fworn on the faid Jury or Juries, or being fo fworn fhall not give his or their Verdict; and also on any Perfon or Perfons who fhall be fummoned to give Evidence touching any of the Matters aforesaid, and fhall not attend, or, attending, shall refuse to be fworn or affirm, or who fhall refufe to give his, her or their Evidence, and on any Perfon or Perfons who fhall, in any other manner wilfully neglect his, her or their Duty in the Premises, con trary to the true Intent and Meaning of this Act, and from time to time to levy fuch Fine or Fines, by order of the faid Juftices, by How Fines to be Diftrefs and Sale of the Offender's Goods and Chattels, together levied. with the reasonable Charges of every fuch Diftrefs and Sale, re. turning the Overplus (if any) to the Owner or Owners; and that a Copy of the Order of the faid Juftices, figned by the Clerk for the time being, of the County, City, Divifion, District or Liberty, wherein the Premifes fhall lie or be, as the cafe fhall require, fhall, refpectively, be fufficient Authority to the Perfon or Perfons therein to be appointed, and to every fuch other Perfon acting, or aiding and affifting therein, to make fuch Diftrefs and Sale, and all fuch Fines fhall be paid to the Treasurer or Banker of the faid Dock Company for the time being, to be applied to the Purposes of this Act.

XLV. And be it further enacted, That the Conveyance of any Bargain and Sales fuch Eftates or Interefts of any Feme Covert, to the faid Directors inrolled to be as or their Succeffors, or any Perfon or Perfons in Truft for them, by effectual as ReIndenture coveries,

Kk 3

Indenture or Indentures of Bargain and Sale, fealed and delivered by fuch Feme Coverts, in the Prefence of, and attested by Two or more credible Witneffes, and duly acknowledged, and to be inrolled in the High Court of Chancery, within Six Calendar Months after the making thereof, fhall as effectually and abfolutely convey the Eftate and Intereft of fuch Feme Covert in the Premifes, as any Fine or Fines, Recovery or Recoveries, would or could do, if levied or fuffered thereof in due Form of Law; and further, that all Bargains and Sales whatfoever to be made of any fuch Houfes, Buildings, Lands, Tenements and Hereditaments, as fhall be purchased by the faid Directors or their Succeffors, by virtue and for the Purposes of this Act, and inrolled as aforefaid, fhall have the like Force, Effect, and Operation in Law, to all Intents and Purposes, as any Fine or Fines, Recovery or Recoveries whatfoever would have had if levied or fuffered by the Bargainer or Bargainers, or any Perfon or Perfons feifed of or entitled to any Eftate or Intereft in the Premifes, in Truft for fuch Bargainer or Bargainers in any Manner or Form whatfoever. Estates purchased XLVI. And be it further enacted, That immediately upon Payto veft abfolutely ment or Tender of the Sum or Sums of Money fo agreed or affeffed in the Company. to be paid to the Party or Parties entitled thereto, or upon depofiting the fame in the Bank of England, in manner by this Act directed, as the Cafe may be, the feveral Houfes, Buildings, Lands, Tenements and Hereditaments, in refpect whereof the fame fhall have been fo paid, tendered or depofited, as aforefaid, shall veft in the Directors of the faid Company, in manner and for the Purpofes aforesaid, who fhall be deemed in Law to be in the actual Poffeffion thereof, to all Intents and Purpofes whatfoever, freed and discharged from all former and other Eftates, Rights, Titles, Interefts, Claims and Demands whatfoever.

Application of
Compenfation
Money where

exceeding 2001.

XLVII. And be it further enacted, That if any Money fhall be agreed or awarded to be paid for any Houses, Buildings, Lands, Tenements or Hereditaments, or for any other Matter, Right or Intereft, of what Nature or Kind foever, purchased, taken or used by virtue of the Powers of this Act, for the Purposes thereof, which fhall belong to any Corporation, Feme Covert, Infant, Lunatic, or Perfon or Perfons under any other Difability or Incapacity, fuch Money fhall, in cafe the fame fall 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 High Court of Chancery, to be placed to his Account there ex parte the Commercial Dock Company, toge

ther with the Names of fuch Perfon or Perfons as Five or more of the faid Directors fhail, by Writing figned by them, direct and appoint, to the intent that fuch Money fhall be applied under the Direction and with the Approbation of the faid Court, to be fignified by an Order made upon a Petition, to be preferred in a fummary Way, by the Perfon or Perfons who would have been entitled to the Rents and Profits of the faid Houfes, Buildings, Lands, Tenements or Hereditaments, in the Purchase of Land Tax, or towards the Difcharge of any Debt or Debts, or fuch other Incumbrance, or Part thereof, as the faid Court fhall authorize to be paid, affecting the Houfes, Buildings, Lands, Tenements or Hereditaments, ftanding fettled to the fame or the like Ufes, Intents and Purposes; or where fuch Money fhall not be fo applied, then the fame fhall be laid

out

out and invefted under the Direction and Approbation of the faid Court, in the Purchase of other Houfes, Buildings, Lands, Tenements or Hereditaments, which fhall be conveyed and fettled to, for and upon fuch and the like Ufes, Trufts, Intents and Purposes, and in the fame manner as the Houses, Buildings, Lands, Tenements or Hereditaments, which shall be so purchased, taken or used as aforefaid, flood fettled or limited, or fuch of them as at the time of making fuch Conveyance and Settlement fhall be exifting undetermined and capable of taking Effect; and in the mean time, and until fuch Purchase fhall be made, the faid Money fhall, by Order of the faid Court upon Application thereto, be invefted by the said Accountant General in his Name in the Purchase of Three per Centum Confolidated or Three per Centum Reduced Bank Annuities; and in the mean time and until the faid Bank Annuities fhall be ordered by the faid Court to be fold for the Purposes aforefaid, the Dividends and Annual Produce of the faid Confolidated or Reduced Bank Annuities fhall, from time to time, be paid by order of the faid Court, to the Perfon or Perfons who would for the time being have been entitled to the Rents and Profits of the faid Houfes, Buildings, Lands, Tenements and Hereditaments fo hereby directed to be purchased in cafe fuch Purchase or Settlement were made.

does not exceed

2001.

XLVIII. Provided always, and be it further enacted, That if any Application Money fo agreed or awarded to be paid for any Houfes, Buildings, where Compen Lands, Tenements or Hereditaments, or for any other Matter, Right fation Money or Intereft, of what Nature or Kind foever, purchased, taken or ufed for the Purposes aforefaid, and belonging to any Corporation, or to any Perfon or Perfons under Difability or Incapacity as aforefaid, fhall be lefs than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then, and in all fuch Cafes the fame fhall at the Option of the Perfon or Perfons for the time being entitled to the Rents and Profits of the Hereditaments and Premifes fo purchased, taken or used, or of his, her or their Guardian or Guardians, Committee or Committees, in cafe of Infancy or Lunacy, to be fignified in Writing under their refpective Hands, be paid into the Bank in the Name and with the Privity of the faid Accountant General, and to be placed to his Account aforefaid, in order to be applied in manner hereinbefore directed, or otherwife the fame shall be paid at the like Option to Two Trustees, to be nominated by the Perfon or Perfons making fuch Option, and ap proved of by Five or more of the faid Directors, fuch Nomination and Approbation to be fignified in Writing under the Hands of the nominating and approving Parties, in order that fuch Principal Money, and the Dividends arifing therefrom, may be applied in any manner hereinbefore directed, fo far as the cafe be applicable, without obtaining or being required to obtain the Direction or Approbation of the Court of Chancery.

XLIX. Provided always, and be it further enacted, That where Application fuch Money fo agreed or awarded to be paid as next before men- where Money tioned, fhall be less than Twenty Pounds, then, and in all fuch Cafes, less than 201. the fame fhall be applied to the Ufe of the Perfon or Perfons who would for the time being have been entitled to the Rents and Profits of the Hereditaments and Premifes fo purchased, taken or used for the Purposes of this Act, in fuch manner as the faid Directors, or any Five or more of them, fhall think fit, or in cafe of Infancy or Lunacy,

Kk 4

In cafe of not making out Titles, &c.

Where any Quef

tion fhall arife

touching Title to Moneyto be paid, fion deemed in

Perfon in Poffef

titled.

Lunacy, then to his, her or their Guardian or Guardians, Committee or Committees, to or for the Ufe and Benefit of such Perfon or Perfons fo entitled refpectively.

L. And be it further enacted. That in cafe fuch Perfon or Perfons to whom fuch Sum or Sums of Money shall be awarded as aforefaid, fhall not be able to make a good Title to the Premises, to the Satisfaction of the faid Directors, or any Five or more of them, or fhall refuse to execute fuch Conveyance or Conveyances; or in cafe fuch Perfon or Perfons, to whom fuch Sum or Sums of Money shall be fo awarded as aforefaid, cannot be found, or if the Perfon or Perfons entitled to fuch Houfes, Buildings, Lands, Tenements or Hereditaments, be not known or difcovered, then, and in every fuch Cafe, it fhall be lawful for the faid Directors, or any Five or more of them, to order the faid Sum or Sums of Money affeffed and awarded for any fuch Purchase, or in recompence for any Damage as aforefaid, to be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to be placed to his Account, to the Credit of the Parties interested in the faid Houses, Buildings, Lands, Tenements or Hereditaments, (defcribing them) fubject to the Order, Controul and Difpofition of the faid Court; which faid Court, upon the Application of any Perfon or Perfons making Claim to fuch Sum or Sums of Money, or any Part thereof, by Motion or Petition, fhall be, and is hereby empowered, in a fummary way of Proceeding, or otherwife as to the faid Court fhall feem meet, to order the fame to be laid out and invested in the Publick Funds, and to order Diftibution thereof, or Payment of the Dividends thereof, according to the refpective Eftates, Title or Intereft of the Perfon or Perfons making Claim thereto, and to make fuch Order in the Premifes as to the faid Court fhall feem juft and reasonable and the Cafhier or Cafiers of the Bank of England, who shall receive fuch Sum or Sums of Money, is and are hereby required to give a Receipt or Receipts for the fame, mentioning and fpecifying for what and for whose Use the fame is or are received, to fuch Perfon or Perfons as fhall pay any fuch Sum or Sums of Money into the Bank as aforefaid.

LI. Provided always, and be it further enacted, That where any Queftion fhall arife touching the Title of any Perfon to any Money to be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Chancery, in purfuance of this Act, for the Purchase of any Lands, Tenements or Hereditaments, or any Eftate, Right or Intereft, in any Lands, Te nements or Hereditaments, to be purchased in pursuance of this Act, or to any Bank Annuities to be purchased with any fuch Money, or to the Dividends or Intereft of any fuch Bank Annuities, the Perfon or Persons who fhall have been in Poffeflion of fuch Lands, Tenements or Hereditaments, at the Time of fuch Purchase, and all Perfons claiming under fuch Perfon or Perfons, fhall be deemed and taken to have been lawfully entitled to fuch Lands,. Tenements or Hereditaments, according to fuch Poffeffion, until the contrary fhall be fhewn to the Satisfaction of the faid Court; and the Dividends and Interest of the faid Bank Annuities, to be purchafed with fuch Money, and alfo the Capital of fuch Bank Annuities, fhall be paid, applied and difpofed of accordingly, unlefs it fhall be made appear to the faid Court that fuch Poffeffion was a wrongful Poffeffion, and that

7

fome