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If said persons will not amicably agree for a reasonable compensation, it shall be deetermined by the verdict of a jury as herein.
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LVII. And be it enacted by the authority aforesaid, That in case any person or persons so seized, possessed of, or intitled to, or to be so seized, possessed of, or intitled to any such estate or interest in the grounds, houses, mills, and mill-courses aforesaid, shall not for the purposes aforesaid, amicably agree with the said mayor, sheriffs and commonalty, or their successors, touching the amount of such compensation, rates, or damages, as ought reasonably to be paid by the said mayor, sheriffs, and commonalty or their successors, for the value of any grounds already entered into, used, or applied, or hereafter to be entered into, used, or applied, by the said mayor, sheriffs, and commonalty, or their successors, for any of the purposes in this act, or any of the said former acts mentioned, that then and in every such case, the said compensation, rates, or damages, shall from time to time be ascertained by the verdict of a jury of good and sufficient men of the county of Cork, or county of the city of Cork, as the case shall require, to be for that purpose impannelled, as often as occasion shall require, at the request of the said mayor, sheriffs, and commonalty, or their successors, by the sheriff of the said county, or by the sheriffs of the county of said city, at the assizes to be held for said county, or for the county of said city, and that every person seized of a real or freehold estate in the said county, or in the county of the said city, of the clear yearly value of fifty pounds, or possessed of a personal property of the value of five hundred pounds, after payment of his just debts, shall in point of property be qualified to serve on such jury, and the mayor, sheriffs, and common speaker of the said city, for the time being, are for the purpose aforesaid, hereby authorized from time to time to issue one or more warrant or warrants, precept or precepts, under the common seal of said city, as the case shall require, to impannel, summon, and return a competent number of such good and sufficient men of the said county, or of the county of the said city, not being less than twenty-four, nor more than forty in number, out of whom a jury of twelve shall be drawn by some indifferent person, to be appointed by the said judges of assize, in such manner as jurors for the trials of issues in the four courts of Dublin, by an act for the better regulating of juries, are directed to be drawn: and the said persons to be impannelled, summoned, and returned as jurors, are hereby required to appear at the said assizes, and to attend the same until discharged by the judge or judges of assize, and all persons concerned shall have their lawful challenges against any of the said persons, so to be impannelled, summoned, and returned, but shall not be at liberty to challenge the array, and the sheriff of the said county, or the sheriffs of the county of the said city, are hereby authorized and directed, if thereunto required by the said warrant or precept of the said mayor, sheriffs, and common speaker, to cause the place or places in question to be viewed by the persons so to be impannelled, summoned, and returned, or by any six or more of them, three days at least before the said assizes, and such of the said viewers as shall appear and shall not be challenged, shall be first sworn upon the jury, before any drawing as aforesaid, and so many only shall be drawn to be added to the viewers, who appear and are sworn, as shall after all defaults and challenges allowed, make up the number of twelve jurors to be sworn, and the mayor, sheriffs, and common speaker of the said city for the time being, are hereby authorized and impowered from time to time by precept under the common seal of said city, to summon and require any person or persons to appear at the said assizes, to be examined as a witness or witnesses, concerning the premisses, and the said judge or judges of assize shall have power to adjourn the meeting as occasion may require, during such assizes, and to command such jury, witnesses and parties to attend, until such verdict shall be given, and shall have full power to examine upon oath all or any witness or witnesses to be produced before them, touching the matters aforesaid; and if the said sheriff or sheriffs shall refuse or neglect to impannel, summon, and return such jury, or to cause such view to be had, and if any person summoned as a juror or witness as aforesaid, shall refuse or neglect to appear, and to be sworn as a juror, or to attend at such view, or to give evidence at such assizes, such sheriff or sheriffs, and every such juror or witness shall for every such offence, forfeit the sum of fifty pounds, to be recovered and applied in such manner as the penalty of ten pounds in the said act of the first year of the reign of his present Majesty, is by the said act directed to be recovered and applied.
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