Page:Ruffhead - The Statutes at Large - vol 9.djvu/267

 A. D. 1763: Anno quarto Georgi 1 III. C. 39.' 217 ditaments, or any Part or Parts thereof, or for their Intereft therein, or by reafon of Abfence or otherwife, fhall be prevented from treating as aforefaid ; then, and in any fuch Cafe, the faid Com- miffioners, or any feven or more of them, fhall eaufe it to be enquired into, and afcertained, by and upon the Oath of a Jury of twelve indifferent Men of the County of Middle/ex, (which Oath the faid Commiffioners, or any three or more of them, are hereby impowered and required to admini- fter) what Damages will be fuftained by, and what Recompence and Satisfaction fhall be made to the Damage and Recom- fuch Owners, Occupiers, Proprietors or other Perfon or Perfons interefled for fuch Lands, Tene- pence k to be attained ments, Houfes, Buildings, Grounds and Hereditaments, or any Part or Parts thereof, which the y Jury ' faid Commiffioners flia!l want to purchafe : And in order thereunto, the faid Commiffioners, or any And the Commifiioners feven or more of them, are hereby impowered and required from Time to Time, as there fhall be are impowered to fum- Occafion, to fummon and call before the faid Jury, and examine upon Oath all Perfons whatfoever, ™ 6n a J ur y accoidmglj, who fhall be thought neceffary or proper to be examined as Witneffes touching or concerning the ™ o^Ttouching th" Premiffes (which Oath the faid Commiffioners, or any two or more of them, are hereby impowered p remu T es . and required to adminifler); and if any of the Parties interefted fhall requeft the fame, or the faid Commiffioners, or any feven or more of them, fhall think it neceffary, fhall alfo caufe the faid Jury to view the Place or Places in Queftion, and mail ufe all other lawful Ways and Means as well for their own, as for the faid Jury's better Information in the Premiffes, in fuch Manner as they the faid Commiffioners, or any feven or more of them, fliall think fit: And after the faid Jury fliall and to adjudge the Sum have fo inquired of, afcertained and fettled, fuch Damage and Recompence, they the faid Commif- * e dm „j t0 pa ' "~ fioners, or any feven or more of them, fhall thereupon order and adjudge the Sum or Sums of Mo- ney fo aflefled by the faid Jury for fuch Purchafes as aforefaid, to be paid to the Perfons interefled in fuch Lands, Tenements, Buildings, Houfes, Grounds or Hereditaments, or any Part or Parts thereof, according to the Verdict or Inquifition of the faid Jury; which faid Verdict or Inquilition, The Verdict of the Jury and the Order or Adjudication fo had and made, fliall be final and conclufive to all Intents and Pur- ant i Order thereupon pcfes againft all Parties or Perfons whatfoever, claiming in PolTeffion, Reverfion, Remainder or made to be final ; otherwife, their Heirs, Executors or Adminiftrators, and Succeflbrs refpedtively, as well abfent as prefent, Infants, Femes Covert, Lunaticks, Ideots and Perfons under any other Difability whatfo- ever, Bodies Politick, Corporate or Collegiate, Aggregate or Sole, as well as other Perfon or Per- fons whomfoever; and all and every fuch Owners, Occupiers and Proprietors, and all and every and the Parties to be. di- Perfon and Perfons in any wife interefled in fuch Lands, Tenements, Buildings, Houfes, Grounds, veiled of all Property in or Hereditaments, or any Part or Parts thereof fo purchafed as aforefaid, fhall thereby be, from and tQe PremuTes, after the Money fo contracted and agreed for, or fo aflefled and adjudged for fuch Purchafes as aforefaid, fliall be paid, tendered or left as herein directed, to all Intents and Purpofes divefled of all Right, Claim, Intereft or Property, of, in, to or out of the fame ; and the faid Commiffioners, which may be fold and or any feven or more of them, fhall have full Power, by virtue of this Act, by Deed indented and conveyed by the Com- inrolled, within three Months after the making thereof, in fome of his Majefty's Courts of Record miflioners, at JVeftnrinfter, to grant, bargain, fell and convey fuch Lands, Tenements, Buildings, Houfes, Grounds or Hereditaments, or fuch Parts thereof as fliall be purchafed as aforefaid, to fuch Perfon or Perfons, and their Heirs and Affigns, as the faid Commiffioners, or any feven or more of them, fhall nominate and appoint, in Truft for the faid Commiffioners and their Succeflbrs, for the Pur- ; n Truft for the Pur- pofes of the faid recited Acts and of this Act, or either of them ; which faid Grant, Bargain, Sale pofes mentioned in this and Conveyance, fhall be good and available in the Law to fuch Perfon or Perfons, and their Pleirs and the lecited Acts. in Truft as aforefaid, againft all Perfons whomfoever, their Heirs, Executors, Adminiftrators or Affigns, whether under Abilities or Difabilities as aforefaid, or in any wife interefled in, or claim- ing any Eftate, Right, Title or Intereft in fuch Lands, Tenements, Buildings, Houfes, Grounds or Hereditaments, and every Part or Parts thereof fo purchafed as aforefaid. XX. Provided always, That in cafe the faid Sum or Sums fo aflefled by the faid Jury, and or- if t h e Sums awarded dered and adjudged by the faid Commiffioners to be paid, as a Satisfaction to the Owners, Incum- (hall not be duly paid, brancers, Occupiers or others, for their refpective Interefts in the faid Premiffes, fhall not be paid &c. tendered or left as herein mentioned, according to the true Intent and Meaning of this Act, within one Calendar Month after the fame fhall have been fo aflefled, ordered and adjudged ; then, and in the faid Verdict and Ad- fuch Cafe, the Verdict of the faid Jury, and Order and Adjudication of the faid Commiffioners, judication to be void, fliall not be binding upon the faid Parties ; any thing herein contained to the contrary notwitbftand- ing : And for the fummoning and returning of fuch Jury or Juries, the faid Commiffioners, or ai*y Commiffioners impower- five or more of them, are hereby impowered, from Time to Time, to iffue their Warrant or War- ed to iffue their Warrant rants to the Sheriff of the faid County, thereby requiring him to impanel, fummon and return, an to the Sheriff for fum- indifferent Jury of twenty-four Perfons, to appear before the faid Commiffioners, or any five or monia & a Jury/ more of them, at fuch Time and Place as in fuch Warrant fhall be appointed ; of which Time and Place all Parties interefted fhall have ten Days Notice given or left in Manner herein laft before- mentioned ; and the faid Sheriff, or his Deputy or Deputies, is and are hereby required to impanel, Sheriff to return a Jury fummon and return fuch twenty-four Perfons accordingly; and out of the Perfons fo impanelled, accordingly; fummoned and returned, or out of fuch of them as fhall appear according to or upon fuch Summons, the faid Commiffioners, or any five or more of them,, fhall caufe to be fworn twelve, who fliall be the Jury for the Purpofes aforefaid; and for Default of a fufficient Number of Jurymen, the faid and in Default of a fuf- Sheriff, or his Deputy or Deputies, fliall return fo many of the Standers-by as fhall be neceffary to fkient Number appear- make up the Number of twelve, to ferve on fuch Jury. . in g, Standers-by may be XXI. Provided always, and be it further enacted by the Authority aforefaid, That all Perfons returned - .... concerned fliall, from Time to Time, have their lawful Challenges (but not to challenge the Arrav }my may challen S ed « Vol. IX. Ff of