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Power to issue Precept to Sheriff or Coroner to summon a Jury.
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XLI. That it shall be lawful for the Ordinary of the Diocese, upon Receipt of any such Memorial in respect of the Exchange or Purchase of any such House, Offices, Lands, or Tenements, by any such Rector, Vicar, or other Incumbent as aforesaid, at his own Instance, and he is hereby required, upon the Demand in Writing of any Party concerned and interested in any such intended Purchase or Exchange, to issue his Precept in Writing to the Sheriff or Coroner of the County where the said House, Offices, or Lands to be purchased or accepted in Exchange by such Rector, Incumbent, or Curate shall be situate, requiring him to summon a Jury to ascertain the Value of the said House, Offices, Lands, Tenements, or Hereditaments proposed to be given and taken in Exchange or purchased; and upon the Receipt of such Precept the said Sheriff or Coroner shall summon a Jury of Twenty-four indifferent Persons, duly qualified to act as Common Jurymen in the Superior Courts of Record, to meet at a convenient Time and Place to be appointed by him for that Purpose, such Time not being less than Fourteen Days nor more than Twenty Days after the Receipt of such Precept, and such Place not being more than Eight Miles distant from the said House, Offices, Lands, or Tenements in question, unless by the Consent of the Parties interested, or unless such Distance shall happen to be unavoidable; and such Sheriff or Coroner shall forthwith give Notice to the Parties interested in and demanding such Inquiry; and out of the Jurors appearing upon such Summons a Jury of Twelve Persons shall be drawn by the Sheriff or Coroner in the usual Way, and if a sufficient Number of indifferent Jurymen summoned as aforesaid do not appear, the Sheriff or Coroner shall return other and indifferent and qualified Persons of the By-standers, and others that may be speedily procured, to make up a Jury, with like Challenge to the Polls of such Jurymen as in ordinary Cases is by Law permitted; and such Jury, being impannelled and sworn, shall inquire of the true Value of the respective Houses, Offices, Lands, or Tenements proposed to be exchanged or purchased, and the Quantity of the said Lands, and of the best and most improved Rent and full yearly Value, and Quantity of Land so proposed to be granted subject to a Rent, by the Oaths of such skilful and credible Witnesses as shall be produced by either Party, which Oaths the said Sheriff or Coroner is hereby authorized to administer; and the said Sheriff or Coroner is hereby required to return the Value, together with the Mears and Bounds of the said House, Offices, or Lands so proposed to be purchased and given and taken in Exchange, for which Inquisition and Return the Sheriff shall be entitled to the Fee of Ten Shillings, and no greater Sum, to be paid by the Party requiring the same, or in other Cases by the Rector or Incumbent proposing to make such Purchase or Exchange; and such Inquisition and Return shall be filed and recorded in the Rolls Office of the High Court of Chancery in Ireland for the Fee of Six Shillings and Eightpence, and no more, to be paid as last aforesaid; and the said Inquisition, Return, and Deed of Purchase or Exchange shall be binding and conclusive to all Intents and Purposes upon the Party so making such Sale or Exchange, and all others claiming any Estate, Title, or Interest in the said House, Offices, Lands, or Tenements, or any Part thereof, in reversion, remainder, or expectancy, by, from, or under him, or under any Settlement or Entail thereof, and shall entitle the said Ecclesiastical Person making such Purchase (with the Consent of the Ordinary as aforesaid) to a Certificate of Charge in respect of the Purchase Money thereof, not exceeding Two Years Income of the said Benefice or Curacy, of the like Nature and Effect as Charges in respect of Buildings of Ecclesiastical Residences.
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