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In default of Agreement, a Jury to be summoned.
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X. And be it further enacted, That if any Person or Persons seised, or possessed of, or interested in any Ground, Houses, Buildings, Lands, Tenements, Hereditaments, and Premises which shall be deemed necessary to be Purchased by the Commissioners appointed under this Act, with such Consent and Approbation as aforesaid, shall refuse to treat or agree for the Sale thereof, or shall not agree with the said Commissioners in the Sum of Money offered to be given for the same, or shall not or cannot produce a clear Title to the Premises they are in Possession of, or the Interest they claim therein, that then and in every such Case it shall be lawful for the said Commissioners or any Two of them (not being interested in the Question to be determined, by being entitled to any Sum or Sums of Money claimed to be paid for such Lands and Premises, or any Damages respectively or any Part thereof) from Time to Time to issue a Warrant or Warrants, Precept or Precepts, under their Hands and Seals, to the Sheriff of the County or Counties in which such Lands lie, thereby commanding such Sheriff to impannel and return a competent Number of substantial and disinterested Persons qualified to serve on Juries, not less than Twenty nor more than Forty, and such Sheriff is hereby authorized and required to impannel and return such Jury or Juries from Time to Time accordingly, under the Penalty of Two hundred Pounds for every Default in so doing, to be recovered by Action of Debt, Bill of Plaint, or Information in any of His Majesty’s Courts of Record, by such Commissioners or their Secretary, in Manner herein provided or in default by them, or either or any of them, then by any Person who shall sue for the same in any Court of Record in this Kingdom; and out of such Persons so to be impannelled and returned, a Jury of Twelve Persons shall be drawn by some Person, by Ballot, to be named by the said Commissioners, or by their Secretary appointed as aforesaid; which Persons so to be impannelled, summoned, and returned as aforesaid, are required to come and appear before the said Commissioners or their Secretary as aforesaid at such Time and Place as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed, and to attend the said Commissioners or their Secretary until discharged by them or him; and all Parties concerned shall and may have their lawful Challenges against any of the said Jurymen, but shall not be at liberty to challenge the Array; and the said Commissioners or any Two of them, or their Secretary as aforesaid (not being interested as aforesaid), are hereby authorized and empowered by Precept or Precepts, Summons or Summonses, from Time to Time as Occasion shall require, to call before them or him and the said Jury all and every Person and Persons whomsoever who shall be thought proper and necessary to be examined as Witnesses before them or him and the said Jury, on their Oath or Oaths, touching or concerning the Premises; and the said Commissioners or their Secretary, as the Case may be, if they or he shall think fit, shall and may authorize the said Jury to view the Place or Places in question in such Manner as they shall direct, and shall have Power to adjourn such Meeting from Day to Day as Occasion shall require, and to command such Jury upon their Oaths (which Oaths, as also the Oaths to such Person and Persons as shall be called upon to give Evidence, the said Commissioners, not being interested as aforesaid, or their Secretary, are and is hereby empowered and required to administer) to inquire of the Value of such Grounds, Lands, Tenements, and Hereditaments as shall be required or necessary for the Purposes of this Act, and of the respective Estate, Right, Title, Term, and Interest of every Person and Persons, Body or Bodies Politic or Corporate, seised 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, Body or Bodies Politic or Corporate, for the Purchase of his, her, or their respective Estates, Rights, Titles, Terms, and Interests as aforesaid; and the said Commissioners or any Two of them, not being interested as aforesaid, or their Secretary, shall and may award and give Judgment for such Sum or Sums of Money so to be assessed and awarded; which said Verdict or Verdicts, and the said Award, Judgment, and Determination thereupon, Notice in Writing being given to the Person or Persons, Body or Bodies Politic or Corporate interested, at least Twenty-one Days before the Time of the First Meeting of the said Jury, declaring the Time and Place of the Meeting, and the Purposes for which the same is had, 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, if then resident within Ireland, and if not, then with the known Agent or Receiver of the Rents of such Person or Persons as shall be then absent from Ireland, or if a Body Politic or Corporate, then with the oftensible or acting Officer of such Body Politic or Corporate, shall be binding and conclusive to all Intents and Purposes whatsoever against all and every Person or Persons, Body or Bodies Politic or Corporate, claiming any Estate, Right, Title, Trust, use, or Interest into or out of any such Lands, Tenements, Hereditaments, or Premises, either in Possession, Reversion, Remainder, or Expectancy, as well Infants and Issue unborn, Lunatics, Idiots, and Feme Coverts, and Persons under any legal Incapacity or Disability, and all other Cestuique Trusts, his, her, and their Successors, Executors, and Administrators, and against all other Persons whomsoever; and the said Verdicts, Awards, Judgments, and Decrees, and 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 by the said Commissioners who shall pronounce such Judgment.
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