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In Default of Agreement, a Jury shall be summoned to value the same.
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X. And be it further enacted, That in case the said Commissioners, by reason of Non-age, Coverture, Intail, Infanity, or other legal Impediment in the Owner or Owners, Occupier or Occupiers of any Land or Premises used or required for the Purposes of this Act, or from any other Cause or Reason, cannot or shall not agree with the Owners or Occupiers of such Land or Premises as aforesaid, relative to the Purchase of any such Land or Premises, or relative to any Satisfaction or Compensation for Damages to such Land or Premises, then and in such Case it shall and may be lawful to and for the said Commissioners or any Three of them, (not being interested in the Question to be determined by being entitled to any Sum or Sums of Money claimed or to be paid for such Land or Premises, or Damages respectively or any Part thereof), to issue a Warrant or Warrants, Precept or Precepts, under their Hands and Seals, to the Sheriff of the County of Dublin in case the same shall be within his Bailiwick, or to the Sheriff of the County in whose Bailiwick the same shall be, thereby commanding and requiring such Sheriff or Sheriffs to impannel and return a competent Number of substantial and disinterested Persons qualified to serve on Juries, not less than Thirty-six nor more than Sixty, and such Sheriff or Sheriffs is and are hereby empowered to impannel and return such Jury accordingly, under the Penalty of Fifty Pounds, to be recovered by Action of Debt by any Person who shall sue for the same in any Court of Record; and out of such Persons so to be impannelled and returned, a Jury of Twelve Persons shall be drawn by some Person to be named by the said Commissioners, or any Three of them as aforesaid, in such Manner as Juries for the Trial of Issues joined in His Majesty’s Four Courts in Dublin, by an Act made in Ireland in the Twenty-ninth Year of the Reign of his late Majesty King George the Second, intituled, An Act for the better Regulating of Juries, are directed to be drawn; which Persons so to be impannelled, summoned, and returned as aforesaid, are hereby required to come and appear before the said Commissioners, or any Three of them 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 until discharged by the said Commissioners, 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 Three of them (not being interested as aforesaid), are hereby authorized and empowered, by Precept or Precepts, from Time to Time as Occasion shall require, to call before them and the said Jury all and every Person and Persons whomsoever who shall be thought proper or necessary to be examined as Witnesses before them; and the said Jury, on their Oath or Oaths touching and concerning the Premises, and the said Commissioners or any Three of them, if they shall think fit, shall and may likewise authorize the said Jury to view the Place or Places in Quest on 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, Witnesses and Parties to attend until such Purposes for which they were summoned shall be concluded; and the said Jury upon their Oaths (which Oaths, as also the Oaths to such Person or Persons as shall be called upon to give Evidence, the said Commissioners or any One of them, not being interested as aforesaid, are and is hereby empowered and required to administer), shall enquire of the value of such Ground and Premises as shall be required to be purchased for the Purposes of this Act, and of the respective Estate, Right, Title, Term and Interest of every Person and Persons, Body or Bodies Politick and Corporate, seised or possessed thereof or interested therein, or of or in any Part thereof, and also what Compensation and Satisfaction, if any, shall be awarded and paid to any Person or Persons, Body or Bodies Politick or Corporate, for any Damage or Damages which they or any of them may consequently or otherwise suffer or sustain, or have suffered or sustained by any Act, Matter or Thing done in the Execution of this Act, and shall assess and award the Sum or Sums to be paid to every such Person or Persons for the Purchase of such his, her, or their respective Estates, Rights, Titles, Terms and Interests as aforesaid, or for any such Damage or Damages as aforesaid; and the said Commissioners or any Three of them (not being interested as aforesaid), shall and may give Judgement for such Sum or Sums of Money so to be assessed and awarded, which said Verdict or Verdicts, and the said Judgement or Determination thereupon (Notice in Writing being given to the Person or Persons, Body or Bodies Politic and Corporate interested, at least Fourteen Days before the Time of the First Meeting of the said Jury, declaring the Time and Place of the Meeting, 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 as shall be then absent from Ireland, or if a Body Politick or Corporate, then with the oftensible or waiting Officer of such Body Politick or Corporate), shall be binding and conclusive to all Intents and Purposes whatsoever against all and every Person or Persons, Bodies and Body Politick and Corporate, claiming any Estate, Right, Title, Trust, Use or Interest in, to, or out of any such Land and Premises, either in Possession, Reversion, Remainder or Expectancy, as well infants and issue unborn Lunatics, Idiots and Femes Covert, and Persons under any legal Incapacity or Disability, as all other Cestuique Trusts, his, her and their Heirs, Successors, Executors and Administrators, and against all other Persons whomsoever; and the said Verdicts, Judgements, 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 and sealed by the said Commissioners who shall pronounce such Judgement.
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