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In case bodies or persons cannot be found or refuse to treat, &c. justices may issue warrant for putting officers of Customs in possession.
Warrant may be issued for summoning of jury, &c.
Saving as to gardens, pleasure grounds, &c.
Mode of proceeding by jury, &c.
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337. In case any bodies or other persons authorized by the causes of the Acts lastly herein-before mentioned to sell or premise lands so marked out as aforesaid shall for the space of fourteen days (next after notice in writing, subscribed by such person authorized as aforesaid shall have been given to the principal officer or officers of any such body, or to such other arsons hereby authorized to contract on behalf of others or interested themselves as aforesaid, or left at his or their usual ace of abode, if any such can after diligent inquiry be found, id in case any such parties shall be absent from the United kingdom, or cannot be found after diligent inquiry, left with e occupier of such land, or, if there be no such occupier, shall affixed upon some conspicuous part of such lands,) refuse to eat or agree, or by reason of absence shall be prevented from eating or agreeing with such person authorized as aforesaid, or all refuse to accept such annual rent or sum as shall be offered r the hire thereof, either for a time certain or for such period the public service may require, then and in such case, or in se of disagreement between such bodies or persons so authorized sell, release, grant, or demise, and the person so authorized as aforesaid by the Treasury, and in case also it shall not be practicable to procure by voluntary bargain or sale any other id situate and required as aforesaid, then and in such case it all be lawful for two or more justices to put the officers of customs in possession of such lands, and for that purpose to due a warrant under their hands and seals requiring possession be delivered to such of said officers as shall be named there in: d such person so authorized as aforesaid may issue his warrant the sheriff or sheriffs of the county, riding, stewartry, city, or place wherein such lands shall be situate, to summon a jury and every such sheriff, upon receipt of such warrant, shall, if the manner required by law, summon a jury of twenty-four common jurymen to meet at a convenient time and place to be appointed by him for that purpose, such time not being less than fourteen nor more than twenty-one days after the receipt o such warrant, and such place not being more than twenty mile distant from the lands in question, unless by consent of the parties interested; and he shall forthwith give notice to the Commissioners of Customs of the time and place so appointed by him: Provided always, that nothing herein shall be construed to extend to any garden or pleasure ground, or to any land immediately contiguous to and used as the curtilage or home stead of any dwelling house.
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