Page:Ruffhead - The Statutes at Large - vol 9.djvu/268

 i8 C. 39. Anno quarto Georgii III. A. D. 1763. Power given to the Commiffioners to fine the Sheriff, his Agents, and Jury, and Perfons fummoned to give Evidence, making Default in the Premiffes. Limitation of fuch Fines. If, the Parties to whom theConfideration Mo- ney (hall be awarded can- ■ not be found, or there be anyDifpute in Law, or Deleft of Evidence, or Mortgagee refufe to take in their Mortgage Money ; s the Sums affeffed to be paid into the Bank, for the Uie of the Par- ties. Cominiflioners may let or fell fuch Houfes and old Materials, or the Ground fo purchafed, which (hall be more than fufficient for their Pur- pofe ; and lay out the Manner of building thereon; and the Breadth and Ex- tent of the Street ; and apply the Money arifing by the Sale to the Contributors. Such of the Powers, &c. granted by the former Aft, as are altered by this, are repealed. Claufes in Aft 6 Geo. 1. c.6. 3 Geo. 2. e. 26. and 19 Geo. a. c, 35. of the Panel) againft any of the faid Jurymen, when they come to be fworn; and the faid Commif- fioners, or any feven or more of them, afting in the Premiffes, fhall have Power, from Time to Time, to impofe any reafonable Fine or Fines on fuch Sheriff, his Deputy or Deputies, Bailiffs or Agents, making Default in the Premiffes ; and on any of the Perfons that fliall be l'ummoned and returned on fuch jury, and fliall not appear or refufe to be fworh on the faid Jury, or to give their Verdift, or in any Manner wilfully neglecting their Duty therein, contrary to the true Intent and Meaning of this Aft ; and on any of the Perfons who, being required to give Evidence touching the Premiffes, fliall refufe to be examined or to give Evidence; and, from Time to Time, to levy fuch Fine or Fines in fuch Manner as any Penalties in the faid recited Afts are directed to be levied and recovered, fo as that no fuch Fine fhall exceed the Sum of ten Pounds upon any one Perfon for any one Offence. XXII. And be it further enacted by the Authority aforefaid, That in cafe fuch Perfon or Per-" fons, to whom fuch Sum or Sums of Money fhall be fo afteffed or due as aforefaid, cannot be found, or if by reafon of Difputes depending in any Court of Law or Equity, or for Defeat of Evidence, or otherwife, it fhall not appear to the faid Commiffioners what Perfon or Perfons is or are intitled; or if any Motgagee or Mortgagees fhall refufe to take in his, her or their Mortgage Money due on the Premiffes, after Notice given to him, her or them, for that Purpofe ; then, and in all and every fuch Cafe and Cafes, it ihall and may be lawful to and for the faid Commiffioners, or any feven or more of them, to order the Sum or Sums fo affeffed and awarded as aforefaid, or as ihall be due on fuch Mortgage, to be paid into the Bank of England, in the Name of the Treafurer to the faid Commiffioners to the Time being, and of any five or more of the faid Commiffioners, for the Ufe of the Parties interefted in the faid Premiffes, to be paid to them, and every of them, according to their refpeftive Eiiates and Interefts in the faid Premiffes, as the faid Commiffioners, or any five or more of them, ihall by any Order to be made by them, direct. ' XXIII. And whereas feveral Noblemen, Gentlemen and others, refiding near and paffing ' through the faid Gap, have by voluntary Subfcription among themfelves, agreed to raife a con- ' iiderable Sum of Money towards purchasing the faid Houfes and Ground, but it may fo happen ' that the faid Fund may not be quite fufficient to pay the Purchafe Money ; and in order to com- 4 Purchafe : And whereas by reafon of fuch Purchafes as aforefaid, the Commiffioners may be pof- ' feffed of one or more Houfe or Houfes, or fome Piece or Parcel of Ground, over and above what may be neceffary for the opening and widening the faid Gap ;' Be it therefore further enabled, That it fliall and may be lawful to and for the faid Commiffioners, or any three or more of them, to let, fell, or difpofe of fuch Houfe or Houfes, or fuch Piece or Parcel of Ground, either together^ or feparately and in Parcels, as they fhall thing moil advantageous and convenient, to fuch Perfon or Perfons as fhall be willing to contract for and purchafe the fame ; and to defign and lay out in what Manner the Houfes to be built thereon fhall be erected and built, and of what Breadth and Extent the faid Street or Gap, fo intended to be widened, ihall be ; and alfo to fell and difpofe of the Materials of fuch Houfe or Houfes as the faid Commiffioners ihall purchafe and caufe to bs pulled down as aforefaid ; and apply the Money arifing by fuch Sale as aforefaid, to reimburfe and pay the Perfon and Perfons who ihall have advanced any Sum or Sums of Money, over and befides the Money raifed by fuch voluntary Subfcription as aforefaid. XXIV. And be it further enacted by the Authority aforefaid, That fuch of the Powers, Pro- visions and Authorities contained in the faid former Afts, or either of them, as are varied or altered by this Aft, fhall be and the fame are hereby declared to be repealed. ' XXV. And whereas by an Aft made in the fixth Year of the Reign of his Majefty King- ' George the Firft, for preventing the Carriage of exceffiva Loads of Meal, Malt, Bricks and ' Coals, within ten Miles of London and TVeJiminfler, it is provided, That no Perfon fliall carry at ' one Load, within the faid Limits, in any Waggon or Cart having the Wheels thereof ihod or ' bound with Tire or Streaks of Iron, more than one Chaldron of Coals : And whereas by an Aft 4 made in the third Year of the Reign of his late Majefty King George the Second, for the better ' Regulation of the Coal Trade, Provifion is made for inflicting a Penalty on all Perfons who fliall '.fell any Quantity of Coals as and for Pool Meafure including the Ingrain, and fhall not deliver ' to the Buyer of fuch Coals, the full Quantity of Coals fo fold, as the fame were meafured from on ' Shipboard, together with the Ingrain thereof: And whereas by an Aft made in the nineteenth ' Year of the Reign of his faid Majefty King George the Second, for preventing Frauds and ' Abufes in the Admeafurement of Coals, it is declared, That all Agreements for Coals to be deli- ' vered within the Limits aforefaid, direftly from any Lighter or other Craft, to. the Confumer, not ' ' being a lefs Quantity than five Chaldrons, fhall be deemed and underftood to be for Pool Mea- ' fure, including the Ingrain of one Chaldron for every twenty Chaldrons : And whereas many ' Perfons have, to their great Prejudice, fuffered the Penalty inflifted by the faid Aft made in the ' fixth Year of the Reign of his Majefty King George the Firft, by carrying the Ingrain belong- ' ing to each Chaldron in the fame Cart with the Coals :' Therefore, for preventing fuch Hard- fhips for the future, Be it further enafted by the Authority aforefaid, That from and after the paf- fing of this Aft, it ihall be lawful for any Perfon or Perfons to carry at one Load, within the Li- mits defcribsd by the faid- Aft of the fixth of King George the Firft, in any Waggon or Cart, any Quantity
 * pleat the faid Defign, other Perfons may be induced to lend and advance Money towards the faid