Page:Ruffhead - The Statutes at Large - vol 8.djvu/745

From Wikisource
Jump to navigation Jump to search
There was a problem when proofreading this page.
706 C.37. Anno secundo Georgii III. A.D. 1762

and at the Return of the warrants,to attend with his officers the Comissioners in order to provide the Service of the Summons;

view the said Lands in their respestive Counties ; and at the Return of such Warrant or Warrants to attend the said Commissioners, with his Bailiffs or Officers, to prove, if necessary, the Summons of the Jurors so to be impanelled and returned respectiveiy, upon Oath, which Oath the said Commissioners, or any five or more of them, shall have Power to administer to the said Sheriff, and his Bailiffs and Officers, or any or either of them : 

Sherriff's or Officers neglecting their Duty in the Premesis

And in case the said Sheriff or Sheriffs, Sheriffs or Officers ne- and his Or their Bailiffs and Officers, or any or either of them, shall neglect or refuse, being duly served with such Warrant or Warrants of the said Commissioners fourteen Days before the Return thereof, to impanel, summon and return such Jury of good and lawful Men as aforesaid, or otherwise refuse to execute such Warrant or Warrants, or shall not attend the said Commissioners, with his Bailiffs and Officers, who shall summon the said Jurors, at the Return of such Warrant or Warrants as aforesaid;

may be fined by the Commissoners a Sum not exceding 20 l. nor less than 10 l., for one Offence.

then, and in either of the said Cases, the said Commissioners, or any five or more of them, are hereby authorized and required to impose a Fine on such Sheriff, bailiffs and Oficers, or any or either or them, so making Default, not exceeding twenty rounds, nor less than ten Pounds for any one Offence;

Jurors neglecting their Duty, without lawful Excuse, may be fined in like Manner, in a sum not exceeding 10l.

and in case the said Jurors so to be impanelled, summoned and returned, or any or either of them, shall neglect or refuse to appear at the Return of such Warrant or Warrants, and to be sworn for the Purposes aforesaid; then, and in such Case, it shall and may be lawful to and for the said Commissioners then assembled and met, to impose a Fine upon each and every of the Jurors so impanelled, summoned and returned, and without lawful Excuse, (to be allowed of by the said Commissioners then sitting, or the major Part of them making Default or refusing to be sworn, not exceeding the Sum of ten Pounds of lawful Money of Great Britain;

Fines may be entered into the Exchequer and and levied to the Use of his Majesty.

which Fine and Fines so to be imposed and set, the said Commissioners are hereby authorized and required to estreat into his Majesty's Court of Exchequer, to be levied to the Use of his Majesty.


If a sufficient jury shall not be sworn, upon Return of the Warrant,the Commissoners may adjourn the Inquest to some future day not exceeding 14 Days nor less than four; and issus their Warrant for summoning and returning a Number Equal to those making default.

IV. And be it enacted by the Authority aforesaid. That in case a sufficient Jury shall not appear upon the Return of the said Warrant or Warrants to take the Inquest, it shall and may be lawful to and for the said Commissioners, or any five or more of them, to adjourn the said Inquest to any future Day, not exceeding fourteen Days, nor less than four Days from the Adjournment thereof, and to issue out their Warrant or Warrants for impanelling, summoning and returning an equal Number of Jurors to those so making Default, who together with the Jurors before returned by the Sheriffs of the respective Counties upon such second Warrant or Warrants afterwards to be issued, or upon any future Warrant or Warrants, Adjournment or Adjournments, which the said Commissioners are hereby authorized to issue and make, from Time to Time, until a sufficient Jury can be had, shall enquire as aforesaid.

Twelve deemed a sufficent Jury

V.Provided always. That twelve good and lawful Men shall be sufficient to take the Inquest aforesaid

The Jury being sworn, the Comissoners are to sit from Day to Day, until the Inquest is taken; and that in case twelve or more (not exceeding twenty-three in the whole shall appear and be sworn to take such Inquest, then, and in such Case, the said Commissioners shall continue and sit from Day to Day, until the said Inquest shall be taken;

and may then adjuorn to some future Day for making their Judgments and Decrees thereon.

and after the Inquest shall be taken may adjourn to some future Day for making their Judgments and Decrees thereon.

VI. And, to the Intent that no Person or Persons may have any Cause or Pretence for not appearing to make out their Claims or Title to the said Lands, Tenements or Hereditaments, or any part of parcel thereof;' Be it further enacted by the Authority aforesaid.

Comissioners to give 20 Days Notice, previous to their meeting for the Purposes aforesaid ; the same to be affixed on the Doors of the Guildhall of Canterbury, Town-hall of Lewes and Portsmouth, and the principal gates and Entrances into the respective Forts and Batteries before mentioned and published in the London Gazettee

That five or more of the said Commissioners shall give Notice in Writing thirty Days at least before their Meeting at each their Meeting for the Place, which Writing shall be affixed at the respective Doors of the Guildhall of the City of Canterbury the Townhall of the Borough of Lewes, and the Townhall of the Borough of Portsmouth, and at the principal Gates of, and Entrances into the respective Forts and Batteries before mentioned;

where Person refuse to appear, or produce their Evidence,pursant to such Notice, the Comissioners and Jurors are to proceed upon the best Information they can get; and the judgments and decrees thereupon made, are declared to be final and conclusive.

and shall likewise be published in the London Gazette : And if any Person or Persons shall neglect or refuse to appear, or when he or they shall appear, shall wilfully refuse to shew his or their Deeds or Writings relating to the Pemisses, that then the said Commissioners, or any five or more of them and the Jurors to be impanelled and sworn upon such Inquest, shall proceed upon the best Information they can get or have, to make such Inquest, Judgments and Decrees as before directed ; and all such Judgments and Decrees, being entered and certified as aforesaid, shall be final and  conclusive.

Upon Payment of the Sums decreed to the respective Proprietors, the Trustees before mentioned s be abjudged to stand seised of the Premisses, to the use of the Crown for ever, freed and discharged of all claims, &c.

VII. And be it further enacted by the Authority aforesaid, That immediately from and after the Time that Payment shall be made of the Sum and Sums of Money so to be agreed for or assessled by decreed and the said Commissioners, or any five or more of them, to the Owncrs and Proprietors of the said Lands, Tenements and Hereditaments herein before mentioned, or to any or other of them, the Trustees herein before mentioned, or adjudged to stand seised of such Part and Parcel of the said Premisses as shall be be so paid for, to the Use of his Majesty, his Heirs and Successors for ever, freed and discharged of and from all Manner of Right, Title, Claim and Demand whatsoever, that can or may be made by any Person or Persons, Bodies Politick or Corporate. Ecclesiastical or Civil.

VIII. And