Page:Ruffhead - The Statutes at Large - vol 8.djvu/472

 438 C. II. Anno tricefimo tertio Georgii II. A. D. 1759. Lands, Tenements and Hereditaments, with the CommifTioners fo to be appointed, or any five or Agreements entered into niore of them (being entered in a Book or Books in Manner herein after direfted) fhall be valid and deemed valid. effectual to all Intents and Purpofes whatfoever : And in cafe any Perfon or Perfons, Bodies Poli- ; Where Perfons fhall re- tick or Corporate, Ecclefiafticai or Civil, (hall refufe or negledl to treat or agree as aforefaid, or ; fufe or negleft to treat, ^^jj refufe to accept w^hat the faid CommiiTioners, or any five or more of them, fliall think a reafon- ' able Recom pence or Satisfatftion for the fame, for the Space of thirty Days after Notice in Writing given to fuch Perfon or Perfons, or to the principal Officer or Officers of fuch Bodies Politick or Corporate, Ecclefiafticai or Civil, or left at his, her or their refpe£live Place or Places of Abode, or or fliall be dlfabled from deliver to the Tenant or Tenants of the Premises ; or if, through any Difability by Non-age, Co- treating, verture or Special Limitations in any Settlement or Settlements, or by reafon of any Con troverfy, depending in Law or Equity, or any other Impediment, fuch Owners or Perfons cannot difpofe of , the Comrrjffioncrs are to their refpedlive Properties orlnterefts; in every fuch Cafe the faid Commiffioners fo to be appointed, i;Tue their v/arraiit to or anv five Or morc of them, may and are hereby authorized and required to iflue forth their War- the Sheriff of the County, j.^^^^ ^j. Warrants, under their Hands and Seals, to the Sheriff of the County oi EJJex^ thereby com- 1 to fummon and return a manding him to impanel, fummon and return before the faid Commiffioners fo to be appointed, or Jury to afcertain the Va- any f^ve or more them, at fuch Time and Place, or Times and Places, as fliall be appointed in ' lue of the Ftemiffes. fuch Warrant or Warrants, twenty-four fubftantial and indifferent Inhabitants of the faid County of E[f}x^ qualified to ferve upon Juries at the Affixes, who upon their Oaths (which Oaths the faid Commiffioners fo to be appointed, or any five or more of them, are hereby impowered to adminifter) fhall enquire into, and by their Verdidl afcertain and afiefs the true and real Value of fuch Meffuages, Mills, Lands, Tenements and Hereditaments, and of the refpeiStive Efliates, and Inte- Sheriffto attend at the refts therein : And the faid Sheriff is hereby required to impanel, fummon and return, fuch Number Return of the Warrant, ^t^ Inhabitants as aforefaid ; and, at the Return of fuch Warrant or Warrants, to attend the faid Com- rh'efummoivng^^the Ju-^ 1^'^^°"^''^' ^'^^^ ^'^ Bailiffs or Officers, to prove, if neceffary, upon Oath (which Oath the faid yors. Comm.iffioners fo to be appointed, or any five or m.ore of them, are hereby impowered to adminifter) Jury may be challenged, the Summoning of the Jurors fo impanelled and returned refpeillvely ; and all Perfons fliall have their lawful Challenges (but {hall not challenge the Array of the Panel) againft any of the faid Ju- Sheriti negleaifig his rymen when they come to be fworn : And in cafe the faid Sheriff" (hall negledl or refufe (being duly Diity, may be finedina ferved with fuch Warrant or Warrants fix Days or morc before the Return thereof) to impanel. Sum not exceeding 20 1. fummon and return fuch Jury; or {hall not attend the faid Commiffioners, fo to be appointed, with his Bailiffs and Officers, who (liall have executed fuch Warrant or Warrants; then, and in either of the faid Cafes, the faid Commiffioners, fo to be appointed, or any five or more of them, are hereby authorized and required to impofe a Fine upon fuch Sheriff, not exceeding twenty Pounds, and Turyman in a Sum j^or lefs than ten Pounds for any one Offence: And if any Perfon fo to be impanelled, fummoned ^texceedujg lol, .^^^ returned, fliall not appear at the Return of fuch Warrant or Warrants ; or appearing fhall re- fufe to be fworn for the Purpofes aforefaid, or being fworn fhall depart without the Licence of the faid Commiffioners fo to be appointed, or any five or more of them, before the Verdi6l is given ; or fhall not give his Verdidl, or in any other Manner neglect his Duty in the Premiffes; in every fuch Cafe the major Part of the Commiffions fo to be appointed, then aftembled, may and are hereby im- powered to fet a Fine upon fuch Perfon fo offending, and not having lawful Excufe (to be allowed by fuch Commiffioners fo to be appointed) not exceeding the Sum of ten Pounds, upon any one Finc3 to be returned into Perfon for any one Offence: All which Fines the faid Commiffioners fo to be appointed, or any <he Exchequer. five or more of them, are hereby authorized and required to eftreat in his Majefty's Court of Exche- quer, to be levied to the Ufe of his Majefty. Where a fufficient Jury VI. And be it enaded by the Authority aforefaid. That in cafe a fufficient Jury fhall not appear, fliall not appear, the In- upon the Retum of the faid Warrant or Warrants, to take the Inqueft, it {hall be lawful for the faid 4jueft may be adjourned, (Jommiffioners fo to be appointed, or any five or more of them, from Time to Time, to adjourn the Inqueft to any future Day, not exceeding fourteen Days, nor lefs than fevcn Days, from the and a fre/h Warrant ifTu- Adjournment thereof; and to iffue out their Warrant or Warrants for impanelling, fummoning and «d for returning double returning a Number of Jurors, double the Number of Jurors making Default, to attend fuch Com- ^^^^"'''ikfajh ■^'^^°" miffioners fo to be appointed at fuch adjourned Meeting, together with the Jurors before returned by " ' the faid Sheriff, or at any future Meeting or Meetings to be held by Adjournment or Adjournments, which the faid Conuniffioners fo to be appointed are hereby authorized to make from Time to Time. Twelve fufficient to take VII. Provided always, and be it further enaded by the Authority aforefaid. That twelve good the Inqueft. and lawful Men {liall be fufficient to take the Inqueft aforefaid; and that in cafe twelve or more Ihall appear upon the Return of the faid Warrant or Warrants, then, and in fuch Cafe, the faid Com- miffioners, or any five or more of them, fhall proceed to take the faid Inqueft, and give Judgment, and make Decrees thereon. ■WltnefTes may be fum- VIII. And be it further ena£led by the Authority aforefaid. That the faid Commiffioners fo to be moncrt, and examined appointed, or any five or more of them, may and are hereby impowered to fummon, by Writing upon Oath, under their Hands, any Perfon or Perfons to attend any Jury to be fummoned by virtue of this A6t, and to examine fuch Perfon or Perfons upon Oath, in relation to the Matters in Qiieftion ; which Oath the faid Commiffioners fo to be appointed, or any five or more of them, are hereby impowered to adminifter. Notice to be given of the i^* And be it further enabled by the Authority aforefaid. That five or more of the {iud Commif- Day« appointed for the fioiicrs fo to be appointed, {hall caufe Notice to be given in Writing of the the Days appointed for Electing oj the Juries, the Meeting of fuch Juries as aforefaid, feven Days at leaft before every fuch Meeting ; which Notices fliall be affixed upon the Door of the Miller's Houfe, and of the Publick Houfe at Purjlat called tht I CrowHi