Page:Ruffhead - The Statutes at Large - vol 8.djvu/517

A. D. 1759' Anno tricefimo tertio Georgii II. C. 30. 483 to this A61 annexed, intituled, The F'lrjl Schedule^ in Manner in the faid Schedule particularly men- ^^^^° °P=n and lay out tioned, but alfo to defign, make, open and lay out, fuch new Streets, Ways and Paffiiges, in the ^ent"on'^a°anVdafcr,bej Parts and Places particularly mentioned and deicribed in another Schedule to this A61 alio annexed, ;„ the Second Schedule • intituled. The Second Schedule^ in manner in fuch Second Schedule mentioned. II. And for enabling the Mayor, Aldermen and Commons of the faid City, in Common Council ^|J^ '^, trea?-nd°' ree afTemblcd, to efie6l the Purpofes aforefaid. Be it further enacted by the Authority aforefaid, That ^hhThJownerLn^d^"^^* the Mayor, Aldermen and Commons of the faid City, in Common Council affembled, fliall have Occupiers, &c. of fuch full Power and Authority to treat and agree with the Owners and Occupiers of, and all other Per- Grounds and Buildings fons interefted in, fuch Houfes, Buildings, Grounds and Eltates, as fliall be neceflary to be pur- as ihall be necedary for chafed for the more eft'edual Performance of any of the Purpofes aforefaid ; and to purchafe and be- ^^^l^^^ll^j/^^f ^^^ come poflefied of the fame; and upon Payment of fuch Sum or Sums of Money as fhall be agreed ' '^' upon for fuch Purchafcs, to caufe fuch Houfes and Buildings, or fo much thereof as (hall be necef- fary to be pulled down, and fuch Grounds, or fo much thereof as fliall be neceflary to be laid into new Streets, Ways and PafTages or in, for or towards the widening, enlarging, or improving any of the prefent Streets, Ways and Paflages, defcribed in the two Schedules hereunto annexed > and. this Act fhall be fufficient to indemnify them tlie Mayor, Aldermen and Commons of the faid City, in and they are indemnified Common Council aflembled, their Agents Workmen, Officers and Servants, and all Perfons acting 'or lo doing. by or under their Authority, againft the Heirs, Executors, Adminiftrator.s or Alligns of any of the faid Owners or Occupiers, as if the fame had been fold and conveyed by Deed of Feofi'ment, Bar- gain and Sale, or other Alfurance in the Law whafoevcr, III. And be it further enafted by the Authority aforefaid. That it fliall and may be lawful to Bodi^ Politick, Corpo- and for all Bodies Politick, Corporate or Collegiate, Corporations Aggregate or Sole, Truftees and rate and Collegiate, and Feofl-'ees in Truft, Guardians and Committees for Lunaticks and Ideots, Executors, Adminiflra- all other Perfons, are tors and Guardians whatfoever, not only for or on Behalf of themfelves, their Heirs and SuccefTors, ""powered to fell and but alfo for and on Behalf of their Ceituique Trufts, whether Infants or Iffue unborn, Lunaticks, f^ij^'p^u^p^ofes •°'^ Ideots, Femes Covert, or other Perfons whatfoever, and to and for all Femes Covert who are or ' fhall be feized in their own Right, and to and for all and every Perfon and Perfons whomfoevcr, who are or (hall be feifed or poiFelTcd of, or interefted in, any Lands Tenements or Hereditaments, which fhall be neceflary to be purchafed for any of the Purpofes of this A6t, to fell and convey all or any fuch Lands, Tenements, Hereditaments, Eftates and Interefts or any Part thereof, to the faid Mayor, and Commonalty and Citizens ; and that all Contra6ts, Agreements, Bargains, Sales and Conveyances, which fhall be made by fuch Perfons as aforefaid, fliall be good and valid in Law, to all Intents and Purpofes, not only to convey theEftate and Intereft of the Perfon and Perfons con- veying, but alfo to convey all Right, Eftate, Intereft, Ufc, Property, Claim and Demand whatfo- ever, of their feveral and refpeitive Ceftuique Trufts, whether Infants or IfTue unborn, Lunaticks, Ideots, Femes Covert, or other Perfons whomfoever, and all claiming or to claim by, from or un- der them; any Law, Statute, Ufage, or any other Matter or Thing whatfoever, to the contrary thereof in any wife notwithftanding ; and all fuch Perfons, fo conveying as aforefaid, fliall be and and they are indemnified are hereby indemnified for what they fliall do by virtue of or in purfuance of this A6t, notvvith- for what they (hall fo do (landing any Omifnon or Miftake of Matter of Form whatfoever: And if it fliall happen that any '"P"'^^"'^^°f^^'5Aa . Perfon or Perfons, Bodies Politick, Corporate or Collegiate, or other Perfon or Perfons, feifed or "'^ '^^^y'^^.l' refufe to poflcfled of, or interefted in, any fuch Lands, Tenements or Hereditaments as aforefaid, fhall re- ^""^^^ °"^i^^,"?*^,^^* i- r J r ^u c 1 J r> r 1 • r r>- T^n it n i • mifles, or (hall be difa- fufe to treat or agree ror the bale and Conveyance of their refpeaive Eftates and Interefts therem, bled from treating or by reafon of Difability cannot agree with the Mayor, Aldermen and Commons of the faid City, in Common Council aflembled, or with any Perfon or Perfons by them in this Behalf authorized or appointed, or fliall not produce and evince a clear Title to the Premifles they are in PoiTelTion or cannot evince a dear of, or to the Intereft they claim, to the Satisfaction of the Mayor, Aldermen and Commons of the Title, fiid City, in Comm.on Council allembled, or of the Perfon or Perfons by them fo authorized or appointed; then, and in every luch Cafe, it fhall and may be lawful to and for the Sheriffs of the faid City, and they are hereby required, upon a Warrant or Warrants, Precept or Precepts, to be a jury is to be fumnson* ifllicd and diredted to them for this Purpofe by the Court of Mayor and Aldermen of the faid City ed, (which Warrants or Precepts the faid Court are hereby impowered and authorized to ifTue} to im- panel and return a competent Number of fubftantial and difinterefted Perfons qualified to ferve on Juries, not lefs than forty-eight, nor more than feventy-two; and out of fuch Perfons, fo to be and drawn according to impanelled, fummoned and returned, a Jury of twelve Perfons fliall be drawn by fome Perfon to be the Direftions in Aft 3 by the f^iidCourt appointed, in fuch Manner as Juries for the Trial of Iflues joined in his Majefty's Geo, s. Courts 7iX.jVefmin/ier, by an Adt made in the thn-d Year of-the Reign of his prefent Majefty, inti- tuled. An Ait for the better P^egulation of Juries^ are directed to be drawn ; which Perfons, fo to be impanelled, fummoned and returned as aforefaid, are hereby required to come and appear before the faid Court, at fuch Time and Place as in fuch Warrant or Warrants, Precept or Precepts, fhall be direfted and appointed, and to attend the faid Court from Day to Day, till difcharged by the faid Court: And all Parties concerned fliall and may have their lawful Challenges againft any of the faid any of whom may he Jurymen ; but fliall not be at Liberty to challenge the Array: And the faid Court is hereby autho- challenged but not the rized and impowered, by Precept or Precepts, from Time to Time, as Occafion fliall require, to ^"""y- , call before them all and every Perfon and Perfons whomfoever, who flball be thought proper or ne- "^^itnines may be alfo ceilary to be examined as Witnefles before them, on their Oath oz Oaths, concerning the Premifles: oroTh ^'"^ """^"^ And the faid Court, it ihcy think fit, fliall and may likewife authorize the faid Jury to view the and the Court may direct Place or Places in Qucftion, in fuch Manner as they fliall dired i and the faid Court fliall have the jur> to view the Q_q q Z ' Power ^'^**«* i^ Queilion, .i