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When a deficiency happens in the number of jurors, the sheriffs shall impannel others till 12 are chosen,
commissioners empowered to summon and examine witnesses;
such meeting may be adjourned from time to time;
jurors and witnesses to be sworn;
the business of the jury, &c.
any 5 commissioners may give judgment for sums to be assessed;
such proceedings to be written on parchment.
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IV. And be it further enacted by the authority aforesaid, That in all cases of trials by juries before the said commissioners, or any five or more of them, where a full jury shall not appear before them, or where after appearance of a full jury, it shall so happen either by means of challenges or otherwise, that there shall be a default of twelve jurors for such trial, it shall and may be lawful to and for the said commissioners, or any five or more of them, to command the sheriffs of the county of the city of Cork, to impannel so many other persons of the said city or suburbs thereof then present, as shall make up a full jury of twelve men, which persons so to be impannelled, shall be added to the former pannel, and all parties interested in such trial, shall have their challenges to the jurors so added to the former pannel as if they had been impannelled originally, and the said commissioners and the successors of them, or any five or more of them, are hereby authorized and empowered by precept or precepts, from time to time as occasion shall require, to call before, them all and every person or persons whomsoever who shall be thought proper or necessary to be examined as witnesses before them, and to examine him, her, or them, on his, her, or their oath or oaths, touching and concerning the premisses: and the said commissioners, or any five or more of them, if they think fit, shall and may likewise authorize the said jury to view the ferry or ferries so to be purchased, and the said commissioners, or the successors of them, or any five or more of them, shall have power to adjourn such meeting from time to time as occasion shall require, and to command such jury, witnesses, and parties to attend, until such affairs for which they were so summoned, shall be concluded; and the said commissioners, and the successors of them, or any five or more of them, are hereby authorized and empowered and required to administer an oath to such jurors at every such trial as aforesaid, and that the oath to be taken by such jurors, shall be, to truly and diligently to enquire into all such matters as shall be given to them in charge, and a true verdict give according to the evidence, and also to administer an oath to, and to examine such person and persons as shall be called upon to give evidence at every such trial as aforesaid, and also at every such trial as aforesaid to give such matters in charge, and no other, to said jurors as to them shall seem most expedient for the more effectual execution of this act, and the said jury upon their oaths shall enquire into the value of such ferry and ferries, and of the respective estates, right, title, term and interest of every person or persons seized or possessed thereof, or interested therein, or of or in any part thereof, and shall assess and award the sum or sums to be paid to every such person or persons for the purchase of such their respective estates, rights, titles, terms and interests; and the said commissioners, and the successors of them, or any five or more of them, shall and may give judgment for such sum or sums of money so to be assessed, which said verdict or verdicts, and the said judgment, decree, or determination thereupon, notice in writing being given to the person or persons interested, at least fourteen days before the time of the first meeting of said jury, declaring the time and place of such meeting of the said commissioners and jury by personally serving such person with such notice, or by leaving such notice at the dwelling-house of such person or persons, or at his, her, or their usual place or places of abode, or by leaving it with some tenant or occupier of the ferry or ferries intended to be valued and assessed, in case such party or his usual place of abode cannot be found out in the said city or suburbs thereof, to be served with such notice, shall be binding and conclusive to all intents and purposes whatsoever, against all and every person and persons, bodies politick and corporate claiming any estate, right, title, trust, use, or interest, in, to, or out of the ferry or ferries so intended to be purchased, or any reversion, remainder, or expectancy therein, as well infants as issue unborn, lunaticks, idiots, and seme coverts, and persons under any other legal incapacity or disability, as all other cestui que trusts, his, her, or their heirs, successors, executors, and administrators, and against all other persons whomsoever, and the verdicts, judgments, and decress, all other proceedings of the said commissioners and juries to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, and signed and sealed by the major part of the said commissioners, or any five of such majority who were present at, and pronounced such judgment and decrees.
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