Certain Powers

Act to remain

in force.

nizances taken and estreated in the said County Palatine of Lancaster, to the said Treasurer of the Fee Fund aforesaid, or to the said Clerk for Divisional Business, the same to be by such Treasurer or Clerk carried to the Account and to be applied in aid and as Part of the said General Fee Fund hereby directed to be raised or provided as aforesaid, any thing in an Act passed in the Tenth Year of Her late Majesty Queen Anne, intituled An Act for the better Support of Her Majesty's Household, and of the Honour and Dignity of the Crown, or any other Law or Statute to the contrary notwithstanding: Provided always, that nothing herein contained shall control or abridge the Powers of the said Chancellor and Council to relieve and mitigate estreated Recognizances and Levies made therein in certain Cases of Hardship and Distress, as they are used to do.

XXV. And be it declared and enacted, That all and every the of first-recited Powers, Authorities, Provisions, and Enactments given by or contained in the said herein-before first-recited Act, except # the same or any of them are expressly repealed or altered by or shall be inconsistent with the Provisions of this Act, shall remain in full force and virtue as if this Act had not been passed.

For Payment of Expences of Act.

Interpretation

of Words.

Public Act.

XXVI. And be it enacted, That one Moiety of the Costs, Charges, and Expences of or incident to the soliciting, obtaining and passing this Act, or which have been incurred with reference to the Object thereof, shall be paid out of the Borough Fund of the said Borough of Salford, and the Treasurer of the same Borough is hereby directed and required to pay the same accord ingly, and the other Moiety thereof shall be paid out of the said General Fee Fund to be raised under the Authority and for the Purposes of this Act as aforesaid.

XXVII. And be it enacted, That the several Words used in this Act shall bear the following Interpretation, unless there shall be something in the Subject Matter or Context repugnant thereto; that is to say,

Words importing the Singular Number shall include the Plural
Number, and Words importing the Plural Number shall
include the Singular :

Words importing the Masculine Gender only shall include
Females.

XXVIII. And be it enacted, That this Act shall be a Public
Act, and shall be judicially taken notice of as such.

CA P. XXII.

An Act to enable the Commissioners of Greenwich Hospital
to widen and improve Fisher Lane, in Greenwich; and for
other Purposes connected with the Estates of the said
Commissioners.
[8th May 1845]
WHEREAS it would contribute to the Improvement of the
Royal Hospital at Greenwich, and the Estate of the said
⚫ Commissioners of Greenwich Hospital in the Vicinity there,
that a certain Street, Lane, or Highway, called or known by
the Name of "Fisher Lane," in the Town of Greenwich aforesaid,
'should be improved and widened, so as to make the same a

good

and

6

' and sufficient Street for Carriages, and that the several Roads or Ways following, (that is to say,) a Road or Way called "Friar's Road," and another Road or Way commencing on the • East Side of King William Street, and proceeding thence East'ward up to the West Side of Friar's Road, and Part of another "Road, Highway, or Place, called "The Ship Dock," commencing at the North End of Friar's Road, and Part of another Road or Highway called "Stable Yard Street," and an Alley called "White Horse Alley," all of them situate in the Parish of Greenwich, all herein-after more particularly described, should be stopped up: And whereas the said Commissioners of Greentrich Hospital are willing to take upon themselves the Execution ' of the above-mentioned Alterations and Improvements, and it is expedient that adequate Powers should be given to them to enable them to carry the same into effect; and in making and completing the said Alterations and Improvements they will have Occasion for certain Houses, Buildings, Lands, and Here'ditaments situate in the said Parish of Greenwich, mentioned and comprised in the Schedule to this Act, but good and effectual Conveyances thereof cannot be obtained, nor can the said several Objects be effected, without the Aid and Authority of Parliament May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Commissioners Commissioners of Greenwich Hospital and their Successors shall be and they are of Greenwich hereby empowered to widen the said Lane or Highway called "Fisher Lane," and to form the said Lane or Highway into a Street, commencing at the East Side of King William Street, towards and up to the Ship Dock aforesaid, and to make such Street of an uniform Width of not less than Fifty Feet, so that the same shall thenceforth be and continue a public Parish Highway and Carriageway for the Use of all Persons whomsoever, and to make the Alterations and Improvements herein mentioned, and otherwise to carry the Purposes of this Act into execution in manner herein-after mentioned.

Hospital em

powered to widen Fisher

Lane, &c.

II. And be it enacted, That in forming the said Street, and Power to purmaking the said Alterations and Improvements, it shall be lawful chase Houses, for the said Commissioners of Greenwich Hospital and their Lands, &c. Successors, and they are hereby authorized and empowered, when they shall deem it necessary, within Three Years from the passing of this Act, to treat and agree for the Purchase of any of the Houses, Buildings, Lands, Tenements, or Hereditaments mentioned and comprised in the Schedule to this Act annexed, and of any subsisting Leases, Terms, Estates, and Interests therein or charged thereon, which the said Commissioners or their Successors may deem necessary or expedient to be purchased for the Purposes of this Act.

III. And be it enacted, That if the said Commissioners of If Houses, &c. Greenwich Hospital, or their Successors, shall not within the not purchased Space of Three Years, to be computed from the passing of this or valued within Act, purchase or cause to be valued the Houses, Buildings, Lands, Powers of PurTenements, and Hereditaments mentioned and comprised in the chase to cease.

a certain Time,

Parties surveying not to be deemed Trespassers.

Authorizing incapacitated Persons and others to treat with the Commissioners for

the Purchase of Buildings, &c.

said Schedule to this Act annexed, and pay the Consideration Money or Money awarded for the same respectively in manner directed by this Act, then and from thenceforth the Powers which are hereby granted to them for such Purpose only shall, as to the Properties not taken or purchased at the Expiration of the said Term of Three Years, cease, determine, and be void, unless with the Consent in Writing of the Owners and Occupiers of any Houses, Buildings, Lands, Tenements, and Hereditaments which shall not then have been purchased as aforesaid.

IV. And be it enacted, That it shall be lawful for the said Commissioners of Greenwich Hospital, and for their Surveyors, Officers, and Workmen, from Time to Time, at all reasonable Times in the Daytime, upon giving Twenty-four Hours previous Notice in Writing, to enter into and upon all or any of the said Houses, Buildings, Lands, Tenements, and Hereditaments comprised in the said Schedule hereto, for the Purpose of surveying or valuing the said Premises, without being deemed Trespassers, and without being subject or liable to any Fine, Penalty, or Punishment on account of entering or continuing upon any Part of the said Premises, for the Damages which shall be thereby occasioned.

V. And be it enacted, That it shall be lawful for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Tenants in Fee Simple or for any less Estate, absolute, qualified, or conditional, and to and for all Tenants for Life, Tenants in Tail, Tenants for Lives, or for Years absolute or determinable on any Life or Lives, Trustees or Feoffees in Trust for charitable and other Purposes, Husbands, Guardians, Committees for Lunatics and Idiots, Executors and Administrators, and all other Trustees and Persons whomsoever, not only for and on behalf of themselves, their Successors, Heirs, Executors, and Administrators respectively, but also for and on behalf of their respective Cestuique Trusts, whether Infants, Femes Covert, Idiots, Lunatics, or Persons not born or not ascertained, or any other Person or Persons whomsoever under any Disability of acting for themselves, and to and for all Femes Covert who are or shall be seised, possessed of, or interested in their own Right or entitled to Dower or other Interest, and for all and every other Person and Persons whom soever who is, are, or shall be seised or possessed of or interested in the said Houses, Buildings, Lands, Tenements, or Hereditaments mentioned and comprised in the said Schedule to this Act annexed, to contract and agree with the said Commissioners of Greenwich Hospital and their Successors for the Sale or Exchange of the same Premises and every Part thereof, and to convey and assure the same Premises respectively, and every or any Part thereof, unto and to the Use of the said Commissioners and their Successors; and all such Contracts, Exchanges, Conveyances, and Assurances, Acts and Deeds, which shall be made under or in pursuance of this Act, shall, without any other Act or Assurance in Law whatsoever, be valid and effectual in Law to all Intents and Purposes whatsoever, any Law, Statute, Usage, or Custom to the contrary in anywise notwithstanding, and shall operate as and be a complete Bar to all Estates Tail, and all other Estates, Rights, Titles, Trusts, and Intents whatsoever; and all Bodies Politic, Corporate,

or

or Collegiate, and all Persons whomsoever, so contracting and agreeing as aforesaid, are hereby indemnified for or in respect of any such Sale or Exchange which they or any of them shall respectively make by virtue or in pursuance of this Act.

the same Uses.

VI. And be it enacted, That any Messuages, Lands, Tenements, Messuages, &c. or Hereditaments which under the Powers of this Act contained when conveyed shall be conveyed in exchange for any Premises mentioned and to be settled to comprised in the said Schedule which shall be taken for the Purposes of this Act, and shall belong to any Body Politic, Corporate, or Collegiate, Feme Covert, Lunatic, or other Person or Persons under any Disability or Incapacity, or not legally entitled absolutely to dispose thereof, shall, when so conveyed, stand and be settled and limited to, for, and upon such and the like Uses, Trusts, Intents, and Purposes, and shall be subject to the same Powers of leasing or other Powers, and in the same Manner, as the Premises so taken as aforesaid stood settled, limited, or subject, or such of them as at the Time of making such Conveyance shall be existing undetermined and capable of taking effect.

to be settled by a Jury.

VII. And be it enacted, That if any Owners, Proprietors, In case Parties Occupiers, Bodies Politic, Corporate, or Collegiate, Corporations refuse to treat, Aggregate or Sole, Trustees, Feme Covert, or any other Person the Value, &c. or Persons seised, possessed of, or interested in any Houses, Buildings, Lands, Tenements, or Hereditaments mentioned and comprised in the said Schedule to this Act annexed, or any Estate or Interest therein which the said Commissioners of Greenwich Hospital and their Successors are empowered to purchase, take, and use for the Purposes of this Act, shall neglect or refuse to treat, or shall not agree in the Premises, or by reason of Absence or Disability shall be prevented from treating with the said Commissioners or their Successors for the Sale and Disposal of their respective Estates and Interests therein, or cannot be found or known, or shall not produce and evince a clear Title to the Premises of which they may be in the Possession, or to the Interest they shall claim therein, to the Satisfaction of the said Commissioners or their Successors, then and in every or in any such Case the High Sheriff of the County of Kent shall, upon the Warrant of the said Commissioners or their Successors, in manner herein-after mentioned, and he is hereby authorized and required to cause it to be inquired into and ascertained, upon the Oaths of a Jury of Twelve indifferent Men of the said County of Kent, which Oaths the said Sheriff is hereby empowered to administer, what Damages will be sustained by and what Recompence and Satisfaction shall be made to such Owners, Occupiers, or other Person or Persons interested, for the Value of such Houses, Buildings, Lands, Tenements, or Hereditaments, and for the proportionable Value of the respective Estates and Interests of every Owner, Occupier, Person or Persons seised or possessed thereof or interested therein, or of or in any Part thereof, and assess and award the Sum or Sums of Money to be paid to such Person or Persons, Party or Parties respectively, for the Purchase of such Houses, Buildings, Lands, Tenements, or Hereditaments, and of such respective Estates and Interest therein, and also for any Injury or Damage that may affect any such Person or Persons, Party or Parties, and in order thereto the said Sheriff is hereby empowered

empowered and required, from Time to Time as Occasion shall require, to summon and call before the said Jury and examine upon Oath all and every Person or Persons whomsoever who shall be thought necessary and proper to be examined as a Witness or Witnesses touching or concerning the Premises, which Oath the said Sheriff is hereby empowered to administer; and such Sheriff shall order and cause the said Jury to view the Places in question, if there be Occasion, and use all other lawful Ways and Means, as well for his own as for the Jury's better Information in the Premises, as the said Sheriff shall think fit; and after the said Jury shall have inquired of, ascertained, and settled such Damage, Recompence, and Satisfaction, the said Sheriff shall thereupon order the Sum or Sums of Money so assessed by the said Jury to be paid by the said Commissioners or their Successors to the said Owners or Occupiers, or other Persons interested therein, according to such Verdict or Inquisition of the said Jury; which said Verdict or Inquisition and Order so had and made shall be final, binding, and conclusive to all Intents and Purposes upon and against all Bodies Politic, Corporate, or Collegiate, Corporations and Trustees, as well as all other Parties and Persons whomsoever; and in all such Inquisitions the Person claiming Compensation shall be deemed the Plaintiff, and entitled to all the Privileges to which Plaintiffs in an Action at Law are entitled; and for the summoning and returning such Jury or Juries the said Commissioners and their Successors are hereby empowered to issue their Warrant or Warrants to the said Sheriff to summon, impannel, and return at some convenient Place in the said County of Kent, a Jury of not less than Thirty-six or more than Fortyeight honest and indifferent Men, qualified according to Law to be returned for Trials of Issues in Her Majesty's Courts of Record at Westminster, to appear before the said Sheriff at such Time and Place as in such Warrant shall be appointed; and Fourteen Days Notice at least in Writing under the Hands of the said Commissioners or their Successors, or under the Hand of their Secretary or Solicitor for the Time being of the Time and Place at which such Jury are so required to be returned, shall be given to such Owners, Proprietors, Occupiers, Corporations, Trustees, or any other Person or Persons immediately interested in the Verdict of the Jury, touching the Premises intended to be valued before the Time of the Meeting of the said Jury, by leaving such Notice at the Dwelling House of such Person or Persons, or of the Head Officer of such Body or Bodies Politic, Corporate, or Collegiate, or with some Tenant or Occupier of the Premises intended to be valued, where such Tenant or Occupier is known, but in case such Tenant or Occupier shall not be known, or being known cannot be found, then by affixing Notice thereof upon the Door of the House or Premises intended to be valued, and the said Sheriff is hereby empowered to impannel, summon, and return such Number accordingly, and out of the Persons so impannelled, summoned, and returned, or out of such of them as shall appear upon such Summons, the said Sheriff shall swear or cause to be sworn Twelve who shall be the Jury for the Purposes aforesaid; and in default of a sufficient Number of Jurymen the said Sheriff shall return other honest and indifferent Men of the Standers-by,

ог