Page:Ruffhead - The Statutes at Large - vol 8.djvu/719

68-0 C. 32, Anno fecundo Georgii III. A. D. 1762. Conim'fTioners to iiTue their Warrants to the bbcriff to impanel a Jury, Puipofes of this Ac^, for the Purchafe of fuch Lands, Tenements and Hereditaments, or for the Rccompence to be made to fuch Proprietors and Perfons intereftcd, for the Damage they may fu- flain ; and alfo to fettle and afcertain in what Proportion the Sum or Sums fo agreed for fliall be BodiM Politick, &c. Bjsy paid to the feveral Perfons interefted in the Premifles : And it fliall be lawful for all Bodies Politick, contract for the Sale 0/ Corporate or Collegiate, Corporations Aggregate or Sole, Hulbands, Guardians, Truftees, and Citfh Lands, FcofFees in Truft, Committees, Executors, Adminiftrators, and all other Truftees whatfoever, not only for and on Behalf of themfelves, their Heirs and SuccelTors, but alfo for and on Behalf of their Gcftuique Trufts, whether Infants or IlTue unborn, Lunaticks, Ideots, Femes-covert, or other Perfon or Perfons, and to and for all Femes-covert, who are or fliall be feized or interefted in their own Right, and to and for all and every other Perfon and Perfons whomfoever, who are or ftiall be feized, pofleired of, or interefted in any luch Lands, Tenements or Hereditaments, to contradl for, fell and convey unto the faid refpecStive Commiflioners, or any five or more of them, or to fuch Perfon or Perfons as they, or any five or more of them, ihall appoint, ajiy Lands, Tenements or Hereditaments, for the Purpofes aforefaid, or to agree with the faid refpe^itive Commiffioners, or any five or more of them, for any Recompcnce to be made for the Damage which may be done to any fuch Lands, Tenements or Hereditament, by the lixecution of any of the Powers of this Aft ; and all fuch Contra6ts, Sales, Conveyances, and Agreements, fliall be valid and effecliual in Law, to all Intents and Purpofes whatfoever ; any Law, Statute, Ufage, or Cuftoni to the contrary not- withftanding ; and all Bodies Politick, Corporate or Collegiate, and all Perfons whomfoever, are Where Perfons fliall re- hereby indemnified for what they or any of them ftiall do in purfuance of this Adt : But if it ftiall fufe or neglect to treat, happen that any fuch Body Politick, Corporate or Collegiate, Truftee or Truftees, or other Perfon or Perfons interefted or concerned as aforefaid, fliall for the Space of fo'ty Days after Notice in Writing to the principal Officer or Officers of fuch Body Politick, Corporate or Collegiate, or to fuch Truftee or Truftees, Perfon or Perfor.s refpeftively, or left at his, her or their refpedtive Place or Places of Abode, or at the Houfe of the Tenant or Tenants, Occupier or Occupiers, of fuch Lands, Tenements or Hereditaments, negleft or refufe to treat, or ftiall not agree with the faid re- fpei^ive Commiffioners, or any five or more of them, or by reafon of Abftnce fliall be prevented from treating ; then and in every fuch Cafe the faid refpedtive Commiffioners, -or any five or more" are hereby impowered from time to time to ifiue out their Warrant or Warrants, under their Hands and Seals, to the Sheriff" of the County or Place wherein the A^atter in Queftion ihall lie ; or if fuch Sheriff" fliall be immediately interefted in fuch Matter, then to one of the Coroners of fuch County or Place, commanding fuch Sheriff' or Coroner to impanel, fummon, and return a Jury j and the faid Sheriff' or C(;roncr is hereby required accordingly to impanel, fummon, and return twenty-four Men, qualified according to the Laws of this Realm, to be returned, for Trials of Ifl'ues joined in his Majefty's Courts at IVeJiininJler^ to appear before the faid refpeftive Commiffioners, or any five or more of them, at fuch Time and Place as in fuch Warrant or Warrants fliall be appoint- ed, in order that out of them a Jury of twelve may be fviorn, to enquire touching the Matters in Qiicftion : And in cafe a fufficient Number of Jurymen fliall not appear, at fuch Time and Place, the faid Sheriff' or Coroner fliall return other honeft and indiff"erent Men, that can fpecdily be pro- cured, to attend that Service, being qualified as aforefaid, to make up the faid Jury to the Number of twelve; and all Parties concerned may have their lawful Challenges againft any of the faid Jury- men ; and the faid rcfpective Commiffioners, or any five or more of them, are hereby impowered, by "Warrant or Warrants under their Hands and Seals, from time to time, as Occafion fhall require, to fummon and call before them all fuch Perfons as fliall be thoui;,ht neceft"ary to be examined as VitnelTes touching the Matters in Queftion ; and the faid refpedlive Commiffioners, or any five or more of them, may order and authorize the faid Jury, or any fix or more of them, to view the I'lacc or Places, or Matters in Controverfy ; which Jury (upon their Oaths, to be adminiftered by the faid reipcdlive Commiffioners, or any two or more of them ; which Oaths, as alfo the Oaths to fuch Perfon or Perfons as fliall be called upon to give Evidence, the faid refpeftive Commifli- oners, or any two or more of them, are hereby impowered to adminifter) fliall enquire of, ailcl's, and afcertain the Sum or Sums of Money to be paid for the Purchafe of fuch LanJs, "J'encments or Hereditaments, or the Rccompence to be made for Damages that may or fliall be fuftained as aforefaid, and to fettle ai d afcertain in what Proportions the Sum or Sums fo aifefied fliall be paid to the feveral Perfons interefted in the Premiffcs ; and the faid rcfpcdtive Commiffioners, or. any five or more of them, fliall give Judgment for fuch Purchafe-monies or Rccompence fo to be aftefled by fuch Juries; v/hich faid Verdicl, and the Judgment thereupon pronounced by the faid refpeclive Commiffioners, or any five or more i)f them, fliall be binding and concluhve, to all Intents and Purj^ofes, againft all Parties, Bodies Politick, Corporate and Collegiate, and all Per- fons whomfoever. XCIL J'rovidcd always, and be it further enafted. That if any fuch Sheriff' or Coroner, or his cputy or Agent, fliall make Default in the Premiff'es, every fuch Perfon fhall for every Of- fence forfeit the Sum of twenty Pounds; and if any Perfon fo fummoned and returned as aforefaid on fuch Jury, fliall not appear, or appearing, )cl'ufe to be fworn, or being fworn, refufe to give his Verdict, or in any other Manner wilfully negledl his Duty, contrary to the true Intent of this Adt ; i^)X if any Perfon fo fummoned to give Evidence fliall not appear, or appearing, refufe to be fworn < nr examined or to give Evidence, every Perfon fo offending refpecSlively, having no reafonabie Excufe, to be allowed by tlic faid rcfpedtivc Commiffiojiers, or any five or more of them, fliall for every fuch Offence forfeit and pay fuch Sum as the faiJ rcfpcdtivc Coniniiilioncrs adiing in the 3 Prcmiiies, J'.irors may be challenged. Witnel'j'es to be lummon- rd and uumined upon Jury to aflcfs the Da- Verdict of the Jury to be binding. Trurtecs may impofe a Fine on Sheriff, ice. ma- T king Deuult in the Prcmiflci. Fine not to excceJ 5 1,