the said Clerk of the Peace, as before-mentioned, or his Deputy, shall 52 return other substantial honest and indifferent men of the bystanders, or of others who can be speedily procured to attend that service, to make up the said Jury to the number of Twelve, and all Parties concerned may have their lawful challenges against any of the said Jurymen, but shall not challenge the array; and the said Clerk of the Peace, or his Deputy, is hereby empowered and required to summon and call before the said Justices any witnesses, touching the matters in question, and may order and authorize the said Jury, or any Three or more of them, to view the place or places, or matters or things in controversy, and such Jury shall upon their oaths (which oaths, as well as the oaths to such Witnesses, the said Justices are hereby empowered and required to 53 administer) inquire of, assess and ascertain, and give a Verdict for the sum or sums of Money, which shall be paid for the purchase of such Lands Tenements or Hereditaments, or Compensation for any Interest therein as aforesaid; and the said Justices shall give Judginent for such Purchase Money or Compensation so assessed by such Jury; which said Verdict, and the Judgment thereupon, shall be binding and conclusive to all intents and purposes, upon all Bodies Politic Corporate or Collegiate, and upon all Persons whomsoever, provided that Fourteen Days Notice in writing, at the least, of the Hour and Place at which such Jury are so required to be returned, be given to the Bodies Politic Corporate or Collegiate, or to the Person or Persons interested or claiming so to be before the time of the Meeting of the said Justices and Jury as aforesaid, † by leaving such Notice at the Dwelling-house of such Person or Persons, or of the Head Officer of such Body or Bodies Politic Corporate or Collegiate, or with some Tenant or Occupier of the Premises respectively intended to be valued; and in each and every case where a Verdict shall be given for more Money, as a Recompence or Satisfaction for the absolute Sale of any Lands, Tenements or Hereditaments, or as a Compensation for any Interest therein as aforesaid, than shall have been previously offered by or on behalf of the said Commissioners before the summoning such Jury, and where no Compensation shall have been previously offered in respect thereof, by or on behalf of the said Commissioners; or where by reason of absence, or other impediment or disability, there shall not be 55 found any Person or Persons at hand who may be legally capacitated to contract with and make Conveyances to, or receive Compensation from the said Commissioners, as hereinbefore mentioned, then and in all such cases, all the reasonable Expenses of causing such Value or Compensation to be assessed and awarded as aforesaid, shall be settled by the said Justices and be defrayed by the said Commissioners; but if any Verdict shall be given for the same Sum that shall have been previously offered by or on behalf of the said Commissioners, or for a less Sum than shall have been so previously offered, or in case of such refusal to treat with or make Conveyances to the said Commissioners, by any Bodies Politic Corporate or Collegiate, or by any Person or Persons whomsoever, who is or are by the Provisions of this Act, or otherwise legally empowered to treat and convey, or receive such Compensation as aforesaid, then and in all such cases (except where by reason of absence or otherwise, any Person 56 Person shall have been prevented from treating and agreeing as aforesaid, in which case all such Costs and Expenses shall be borne and paid by the said Commissioners); the reasonable Costs and Expenses of causing such Value or Compensation to be assessed and awarded as aforesaid, shall be settled in like manner by the said Justices, and be borne and paid by the Body or Bodies Politic Corporate or Collegiate, or by the Person or Persons with whom the said Commissioners shall have such Controversies or Disputes; which said Costs and Expenses shall and may be deducted out of the Money so assessed and awarded, and the payment or tender of the remainder of such sum or sums or Money, shall be deemed and taken to all intents and purposes, to be payment or tender of the whole Sum or Sums so assessed or awarded as aforesaid. 57 the Sheriff to summon a And be it further Enacted, That if the Sheriff or other Person so directed Compelling to summon and return a Jury as aforesaid, or his Deputy or Agent, shall make default in the premises, he shall for every such offence Jury. forfeit and pay any Sum not exceeding Twenty Pounds; and if any Person so summoned and returned as aforesaid upon such Jury, shall not appear, or appearing shall refuse to be sworn, or to give his Verdict, or shall in any other manner wilfully neglect his duty, contrary to the true intent and meaning of this Act; or if any Person so summoned to give evidence shall not appear, or appearing shall refuse to be examined or give evidence, every Person so offending (having no reasonable excuse to be allowed by the said Justices) shall for every such offence forfeit and pay any Sum not exceeding Ten Pounds, which several and respective Penalties shall and may be levied by virtue of any Warrant under the hand and seal of any one of the said Justices, by Distress and Sale of the Goods and Chattels of the Person so offending, rendering to him the overplus, after such Penalty and the Charges of such Distress and Sale shall be deducted; and every such Penalty so recovered from any Person who shall have been so summoned on such Jury, or to give evidence as aforesaid, shall go and be paid to the Party who shall appear to the said Justice to be injured by the default of such Person. recorded. And be it further Enacted, That all the said Judgments and Verdicts Verdicts to be (being first signed by the Clerk of the Peace or his Deputy, present at the taking of such Verdicts and pronouncing of such Judgments respectively) shall be kept by the respective Clerks of the Peace amongst the Records of the Quarter Sessions of the County, as the case shall require, and shall be deemed to be Records of the said Quarter Sessions to all 58 intents and purposes whatsoever; and the same, or true copies thereof, shall be allowed to be good evidence, and all Persons shall have liberty to inspect the same, paying for such inspection the sum of One Shilling, and to take Copies thereof, paying for every Copy the sum of Sixpence for every One hundred words, and so in proportion for any less number of words. Power to enter upon and take possession of Payment or Lands, &c. on And be it further Enacted, That upon payment or legal tender of such sum or sums of Money as shall have been contracted or agreed for between the Parties, or determined and adjusted by any Jury or Juries in manner aforesaid, for the purchase of any such Lands Tenements or 254. E Hereditaments, Monies. Tender of tion when exceeding £.200. Hereditaments, to the Proprietor or Proprietors of such Lands and other And be it further Enacted, That if any Money shall be agreed or Application. of Compensa- awarded to be paid for any Lands, Tenements or Hereditaments, or for any other matter, right or interest, of what nature or kind soever, purchased taken or used by virtue of the powers of this Act, for the purposes thereof, which shall belong to any Corporation, Feme Covert, Infant, Lunatic, Person or Persons under any disability or incapacity as hereinbefore mentioned, such Money shall, in case the same shall amount to or exceed the sum of Two hundred Pounds, with all convenient speed be paid into the Bank of England, in the name and with the privity of the Accountant General of the High Court of Chancery, to be placed to his account, ex parte the Commissioners for building Churches, together with the name or names of such Person or Persons, as any Three of the Commissioners shall by writing signed by them, direct and appoint, to the intent that such Money shall be applied under the direction and with the approbation of the said Court, to be signified by an Order made upon a Petition to be preferred in a summary way, by the Person or Persons 61 who who would have been entitled to the rents and profits of the said Lands, Tenements or Hereditaments, in the purchase of the Land Tax, or towards the discharge of any Debt or Debts, or such other incumbrance, or part thereof, as the said Court shall authorize to be paid, affecting the same Lands, Tenements or Hereditaments, or affecting other Lands, Tenements or Hereditaments standing settled therewith, to the same or the like uses, intents or purposes, or where such Money shall not be so applied, then the same shall be laid out and invested under the like direction and approbation of the said Court, in the purchase of other Lands, Tenements or Hereditaments, which shall be conveyed to for and upon such and the like uses, trusts, intents and purposes, and in the same manner, as the Lands, Tenements or Hereditaments, which shall be so purchased, taken or used as aforesaid, stood settled or limited, or such of them as at the time of making such Conveyance and Settlement shall be existing undetermined and capable of taking effect; and in the meantime, and until such purchase shall be made, the said Money shall by order of the Court of Chancery, upon application thereto, be invested by the said Ac62 countant General, in his name, in the purchase of Three Pounds per Centum Consolidated or Three Pounds per Centum Reduced Bank Annuities; and in the meantime, and until the said Bank Annuities shall be ordered by the said Court to be sold for the purposes aforesaid, the Dividends and Annual Produce of the said Consolidated or Reduced Bank Annuities shall from time to time be paid, by order of the said Court, to the Person or Persons who would for the time being have been entitled to the Rents and Profits of the said Lands, Tenements and Hereditaments, so hereby directed to be purchased, in case such Purchase or Settlement were made. than £.200 and exceeding £.20. Provided always, and be it further Enacted, That if any Money so When less agreed or awarded to be paid for any Lands Tenements or Hereditaments, purchased taken or used for the purposes aforesaid, and belonging to any Corporation, or to any Person or Persons under disability or incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in all such cases, the same shall, at the option of the Person or Persons for the time being entitled to the Rents and Profits of the Lands Tenements or Hereditaments so purchased taken or used, or of his her or their Guardian or Guardians, Committee or Committees, in case of Infancy or Lunacy, to be signified in Writing under their respective hands, be 63 paid into the Bank of England, in the name and with the privity of the said Accountant General of the Court of Chancery, and to be placed to his Account as aforesaid, in order to be applied in manner hereinbefore directed, or otherwise the same shall be paid, at the like option, to Three Trustees to be nominated by the Person or Persons making such option, and approved of by Three or more of the said Commissioners, such nomination and approbation to be signified in Writing under the hands of the nominating and approving Parties, in order that such Principal Money and the Dividends arising thereon, may be applied in manner herein before directed, so far as the case be applicable, without obtaining 254. or When less than £. 20. In case of not making out Title, Or if Persons cannot be found, Pur or being required to obtain the direction or approbation of the Court of Chancery. Provided always, and be it further Enacted, That where such Money so agreed or awarded to be paid as next before mentioned, shall be less than Twenty Pounds, then and in all such cases the same shall be applied to the use of the Person or Persons who would, for the time being, have been entitled to the Rents and Profits of the Lands Tenements or Hereditaments so purchased taken or used for the purposes of this Act, as the said Commissioners, or any Three or more of them, shall think fit; or in case of Infancy or Lunacy, then to his her or their Guardian or Guardians, Committee or Committees, and to and for the use and benefit 64 of such Person or Persons so entitled respectively. And be it further Enacted, That in case the Person or Persons to whom such sum or sums of Money shall be so ordered to be paid as aforesaid, shall not be able to make a good Title to the Premises to the satisfaction of the said Commissioners, or any Three of them, or shall refuse to execute such Conveyance or Conveyances; or in case such Person or Persons to whom such sum or sums of Money shall be so ordered to be chase Money paid as aforesaid, cannot be found; or if the Person or Persons entitled to be paid into the Bank, to such Lands Tenements or Hereditaments be not known or discovered; then and in every such case, it shall be lawful for the said Commissioners, or any Three or more of them, to order the said sum or sums so awarded to be paid into the Bank of England, in the name and with the privity of the Accountant General of the Court of Chancery, to be placed to his account, to the credit of the Parties interested in the said Lands Tenements or Hereditaments [describing them] subject to the order Subject to the control and disposition of the said Court; which said Court, on the application of any Person or Persons making claim to such sum or sums Chancery by of Money, or any part thereof, by Motion or Petition, shall be and is 65 hereby empowered, in a summary way of proceeding or otherwise, as to the said Court shall seem meet, to order the same to be laid out and invested in the Public Funds, or to order distribution thereof or payment of the Dividends thereof, according to the respective Estate or Estates Title or Interest of the Person or Persons making claim thereunto, and to make such other order in the Premises as to the said Court shall seem just and reasonable; and the Cashier or Cashiers of the Bank of England, Bank to give who shall receive such sum or sums of Money, is and are hereby required a Receipt for such Money. to give a Receipt or Receipts for such sum or sums, mentioning and specifying for what and for whose use the same is or are received, to such Person or Persons as shall pay any such sum or sums of Money into the Bank as aforesaid. Order of the Court of Motion or Cashier of the Where any Question shall arise touching the Title to Money to be son who shall be in Possession of the Lands, Provided always, and be it further Enacted, That where any Question shall arise, touching the Title of any Person to any Money to be paid into the Bank of England, in the name and with the privity of the Accountant General of the Court of Chancery, in pursuance of this Act, for the purchase of any Lands, Tenements or Hereditaments, or of any Estate, Right or Interest in any Lands, Tenements or Hereditaments, to be purchased |