Page:Ruffhead - The Statutes at Large - vol 7.djvu/556

 53^ C. 36. Anno vicefimo fexto Georgii II. A. D. 1753. the Boundaries defcribed as aforefaid refpcftively, {hall refufe to treat and agree to fell the fame as aforefaid, it fhall and may be lawful to and for the faid Commifnoners, or any feven or more of them, and they are hereby impowered to iflue out a Warrant or Warrants, Precept or Precepts, direcSted to the Sheriff Depute of the County oi Edhiburgh, or his Subftitute, commanding him, and he is hereby authorized and required to impanel and return a competent Number of fubflantial and difmterefted Pcrfons, not lefs than twenty- five, nor more than thirty-fix ; and out of fuch Perfons fo to be fummoned and returned, a Jury of fifteen Perfons (liall be chofen by the faid Commiflioners, or any feven or more of them ; which Perfons fo to be fummoned and returned, are hereby required to come and appear before the faid CommifTioners, or any feven or more of them, at fuch Times and Places as in fuch Warrant or Warrants, Precept or Precepts, fhali be direfted and appointed j and all Parties concerned fhall and may hae their lawful Challenges againft WltnefTes may ^ny of the faid Jurymen : And the faid Commiflioners, or any feven or more of them, are hereby autho- and"™nuncd ^ized, by Warrant or Warrants under their Hands, from Time to Time, as Occafion fhall require, to on Oath. call before them all and every Perfon or Perfons whaifoever, who (hall be thought proper or necellkry to be examined as Witnefles before them touching or concerning the PremilTes, and to fend their Precept or Precepts for all fuch Perfon or Perfons, who are hereby required to produce fuch Boolcs, Papers, Deeds and V/ritings, as the faid Commiflioners fhall think neceffary for their Information in any Thing relating to this Adt ; and fhall and may adminifter Oaths for the better Difcovery of the Truth of the Inquiry by them to be made to any Perfon or Perfons therein concerned, or to any other Perfon or Perfons what- foever; and fhall and may likewife authorize the faid Jury to view the Place or Places, or Matters in ^'h^n°^^^^^z i 9^s^ion> ^s 'l^sy 'he faid Commiflioners, or any feven or more of them, fhall think fit: And the faid Rccornpem:eon J^'T "pon their Oaths, to be adminiftered by the faid Commiflioners, or any feven or more of them, Oatjjj which Oaths, as alfo the Oaths to fuch Perfon or Perfons as fhall be called upon to give Evidence, or to be examined before the Commiflioners, or any feven or more of them, they are hereby impowered and required to adminifter, fhall enquire of and affefs fuch Damage and Recompence as they fhall judge fit to be awarded to the Owners and Occupiers, or any of them, of any fuch Houfcs or Ground, or any Part thereof, for their refpeftive Eftates and Intereils in the fame, as by the faid Commiflioners, or any feven and Commif- or more of them, fhall be judged fit to be pulled down or converted to the Purpofes aforefaid ; and the faid ^'ud!" " ^'h° e Commiflioners, or any feven or more of them affembled together, fhall and may give Judgment for fuch ju ^men ei -g^j^ qj. Sums of Money fo to be affefled by fuch Jury or Juries refpeftively ; which faid Verdict or Ver- difts, and the Judgment, Decree or Determination thereupon declared and pronounced by the faid Com- miflioners, or any feven or more of them aflembled together, and the Value or Recompence fo to be affefled and declared, (Notice in Writing being firft given of their Meeting at leaft twenty Days before, declaring the Time and Place of their Meeting, to any Perfon concerned, or being left at the Dwelling-houfe of fuch Perfon concerned, or at his or their ufual Place of Abode, or with fome Tenant or Occupier of the Lands, Grounds or Tenements, to be pulled down, converted or affecSed by this A£f, in cafe fuch which (hall be Party cannot otherways be found out to be ferved with fuch Notice) fhall be bmding and conclufive to binding; ^jj jj^j-ents and Purpofes whatfoever againft all and every Perfon and Perfons, Bodies Politick and Corpo- rate, having or claiming any Right, Title, Truft or Intereft in, to or out of the faid Houfe, Grounds, Tenements and Premiffes, to be affefted by this ASt, either in Fee or Life-rent, or ExpeiSfancy, as well Infants, Minors, Idiots or furious Perfons, Proprietors by Tailly, Life-renters, Lcflees or 1 enants, his, ^e fame to be in hgr and their Heirs, Succeffors, Executors and Adminiftrators ; and the faid Verdicts, Judgments, Orders, ligned'by t1i"e Sentences and Decrees, and the other Proceedings of the faid Commiffioners fo to be made, given and Commiflioners; pronounced as aforefaid, fhall be fairly written on a Paper or Parchment by the Commiflioners Clerk, and figned by any feven or more of the Commiflioners prefent at the making and pronouncing the fame, and fliall be recorded in the Town-court Books of Edinburgh ; and the fame, or Extrads thereof, fhall be deemed and taken as good and effedual Evidence and Proof in any Court of Law or Equity whatfoever. Jury, &c. may XII. And be it enaded by the Authority aforefaid. That the faid Commiffioners, or any feven or more ?'"^^"^'l*°''^'S-ot them afting in the Premiffes, fhall have Power to impofe any reafonable Fine or Fines, not exceeding %^ uty. ^^,g Pouj^js lawful Money of Great Britain, on any of the Perfons who fhall be fummoned and returned on any fuch Jury or Juries, and fhall not appear, and who fhall refufe to be fo fworn on the faid Jury or Juries, or beiiig fo fworn, fball not give his or their Verdift, or in any other rnanner wilfully negled his or their Duty in the Premifles, contrary to the true Intent and Meaning of this A6t ; and likewife upon fuch Perfon or Perfons fummoned as aforefaid to give Evidence, and who fhall negleft or refufe to appear to give Evidence accordingly at fuch Time or Times, Place or Places, as fliall be limited or appointed for that Purpofe as aforefaid, or appearing, (hall refufe to be fworn, give Evidence, or be exairined by or before the faid Commiffioners, or any feven or more of them ; and alfo on fuch Perfon or Perfons fummoned as aforefaid to produce Books, Papers, Deeds and Writings, before the faid Commiflioners, or any feven or moreof them, for their Information in any Thing relating to this A<ft, who (hall neglcd or refufe to appear before the faid Commiffioners, or appearing, fhall refufe to be fworn or produce fuch Books, Papers, Deeds or Writings as aforefaid ; and which refpeftive Fines to be impofcd as aforefaid, ITiall be levied in a fummary Way, by Diligence ifiued from the Court of Seflion, in the fame Way that is corn- Application of potent upon Decrees of that Court; and when levied, (hall be paid in to the Cafhier of the Bank of S<:ei- ofae fines. j„„^^ oj. (he Royal Bank of Scot/and, and (Iiall be applied by the faid Comnnffioners, or any feven or more of them, to the Purpofe of this A61:, and to no other Ufe or Purpofe whatfoever. XIII. And