Page:Ruffhead - The Statutes at Large - vol 8.djvu/744

A.D. 1762 vertheless for such Person and Persons, Bodies Politic or Corporate, Ecclesiastical or Civil, as at or immediately before the Time of making this Act, were the several and respective Owners and Proprietors thereof, according to their several Esates and Interests therein at the same Time, in Possession, Reversion, Remainder, or otherwise, until such Estates and Interests shall be respectively adjudged and determined, and reasonable and just Compensation and Satisfaction shall be made for the same.

His Majesty impowered to issue Letters Patents, appointing Commissioners to hear and determine the Title and Claims of the Several Proprietors of the said Lands, Tenements and Heriditaments, and their respective interests there ntherein: [sic]

II. And be it further enactted by the Authority aforesaid, That for the better ascertaining the several Owners and Proprietors of the said Lands, and their respective Titles and Claims thereto, its shall and may be lawful to and for his Majesty, by one or more Commission or Commissions, by Letters Patent under the Great Seal of Great Britain, to authorise and appoint any Number of Persons to be Commissioners to hear and determine all Titles and Claims that shall or may be made to the said Lands, Tenements and Hereditaments, or to any Part or Parcel thereof;

They are to proceed therein in a summary Way by the Testimony of Witnesses upon oath, Inspection and Examination of Deeds and other Evidences, or by inquest, &c. and they are impowered to send for any persons, and oblige them to produce their Deeds, &c. relating to the premisses;

Which Commissioners so to be appointed, or any five or more of them, are hereby authorised and required, and shall and may in a summary Manner proceed, and and determine, by and upon the Testimony of Witnesses upon Oath which Oath they, or any five or more of them are hereby impowered to administer) Inspection and Examination of Deeds, Writings and Records, or by Inquest of twelve good and lawful Men to be impanelled and aworn in Manner herein after mentioned and directed, or by all or any of the said Ways, or otherwise, according to their Direction, all and all Manner of Rights, Estates and Interests and all Controversies, Debates and Questions which shall happen and arise between any Person or Persons whatsoever, or any other Matter or Thing relating to any of the Premises, or any Part thereof; and shall have Power to send for any Person or Persons, and oblige them to produce their Deeds or Writings, upon Oath, relating to any of the same Premisses;

and by agreement or Inquest to settle the Value thereof;

and also shall and may, by Agreement with the respective Person or Persons that shall be determined to be the Owners and Proprietors of the said Lands, or by the said Inquest of the said twelve good and lawful Men to be impanelled and sworn, inquire, proceed, act and determine, touching and concerning the true and real Value of the said Premisies, or any Part or Parcel thereof, were or was of at the Time the same were first made use of for the Purposes aforesaid;

They are to cause their Judgments and decisions to be entered in books specifying the Description and Boundaries of the said Lands with the names of the parties interested;

And the said Commissioners, or any five or more of them, are hereby required to cause all their Judgments and Decrees to be entered fairly in Books; which Judgments and Decrees shall expresly mention and specify the respective Number of Acres or Parcels of Land, with their several Abuttals and Boundaries, together with the Name or Names of every Person or Persons interested respectively in the same;

and the sums agreed for, or assessed by the Jury to be paid for the same. The said Judgments and Decrees to be likewise ingrossed on Parchment, and certified to the Clerk of the Crown in Chancery, and the Kings Remembrancer in the Exchequer;

and the respective Sum or Sums that shall be so agreed for or assessed by the said Jury to be paid for the same respectively; which Judgments and Decrees shall likewise be fairly ingrossed on Parchment, and certified to the Clerk of the Crown in Chancery, and to the King's Remembrancer in his Majesty's Court of Exchequer;

The same declared to be final and conclusive to all Parties;

and such Judgments and Decrees made as aforesaid shall be final, and shall conclude all and every Person and Persons, Bodies Politic and Corporate, Ecclesiafiical and Civil, their Heirs, Successors, Executors, Administrators and Assigns respectively, notwithstanding any Disability or Incapacity whatsoever; any Law, Statute or Custom, or other Matter or Thing whatsoever to the contrary notwithstanding;

and Copies thereof are to be laid forthwith before both Houses of Parliament, in order that a reasonable compensation may be made to the several owners.

Copies of which said Judgments and Decrees shall be laid forthwith before both Houses of Parliament, that a just and reasonable Compensation and Satisfaction may be made to the several Owners and Proprietors of the said Lands, Tenements and Hereditaments.

III. And be it further enacted by the Authority aforesaid That for the better carrying the said Comission or Commissions into Execution,

Comissioners impowered to issue Warrants to the Sheriffs for impanelling and returning a sufficient Jury.

the said Comissioners to be appointed in and by the said Commission or Commissions, or any five or more of them, shall and lawfully may, and are hereby authorised and required to issue forth their Warrant or Warrants under their Hands and Seals, to be directed to the respective Sheriff, of the respective Counties wherein such Lands, Tenements or Hereditaments shall lie, thereby commanding them respectively to impanel, summon and return, before the said Commissioners, at such Times and Places as Oath be appointed in such Warrant or Warrants, a good and sufficent Jury of twenty-four good and lawful Men qualified to serve upon Juries, at the Assizes for the said respective Counties;

Jury to be sworn: Their Duty

who upon their Oaths (which, Oaths the said Commissisoners, or any five or more of them shall have Power to administer) shall inquire into the true and real Value of the said Lands, Tenements and Hereditaments, and every Part or Parcel thereof, and who respectively are the Owners and Proprietors thereof, and their respective Estates and Interests, therein;

Six or more of them may be directed to take a View of the Premisses

and the better to enable the said Jurors to make such Inquiry, the said Commissioners shall, and lawfully may, direct in such their Warrant or Warrants to the said respective Sheriff,s a View to be taken by six or more of the said Jurors, of the several Lands in the said respective Counties, at some Time previous to the Meeting of the said Commissioners;

Sheriff to impanel and summon a jury accordingly, &c.

and the Sheriffs of the said Counties respectively, upon Receipt of such Warrant or Warrants from the said Comissioners as aforesaid, are hereby required to impanel, summon and return twenty-four good and lawful Men qualified to serve upon Juries at the Assizes for the said respective Counties, and in the mean Time to have six or more of the said Jurors so impanelled and sworn,