Jury not to award Compensation for Injury or Da or that can be speedily procured to attend that Service, (being qualified as last aforesaid,) to the Number of Twelve; and it shall be lawful for all Persons concerned, by themselves, their Counsel, Solicitors, and Agents, to attend and be heard and to adduce Evidence before the said Sheriff; and such Persons shall also have their lawful Challenges against any of the said Jurymen when they come to be sworn, but shall not challenge the Array. VIII. And be it enacted, That no Jury to be summoned by virtue of this Act shall be allowed to assess or award any Sum or Sums of Money to any Owners, Occupiers, or Person or Persons as aforesaid, by way of Compensation for any Injury or Damage mage, without alleged to have been sustained by them by reason or means of this the Consent of Act, or any thing which shall or may be done in the Execution Commissioners hereof, without the Consent of the said Commissioners of Green- of Greenwich wich Hospital, or their Successors, previously had and obtained Hospital, unless for that Purpose, to be signified by some Writing under their Hands or the Hand of their Secretary for the Time being, unless been given. Notice in Writing, stating the Particulars of every such Claim, shall have been given, by and on behalf of such Owners or Occupiers, Person or Persons to the said Commissioners or their Successors, within Two Calendar Months next after such supposed Loss shall have been incurred, or such supposed Damage or Injury shall have been occasioned or sustained, and Ten Days at least before the Time of the Meeting of such Jury. Notice of such Claim has default. IX. And be it enacted, That if the Sheriff of the said County Penalty on of Kent so directed to summon and return a Jury as aforesaid Sheriff, Jury, shall make default in the Premises, he shall for every such &c. making Offence forfeit and pay any Sum not exceeding Ten Pounds, to be recovered in one of Her Majesty's Superior Courts of Record at Westminster; and if any Person so summoned and returned as aforesaid upon such Jury shall not appear, or appearing refuse to be sworn or to give his Verdict, or shall in any other Manner wilfully neglect his Duty, contrary to the true Intent and Meaning of this Act, or if any Person so summoned as a Witness shall not appear, or appearing shall refuse to be examined or to give Evidence, any Person so offending, having no reasonable Excuse, shall for every such Offence forfeit and pay any Sum not exceed ing Ten Pounds; which several and respective Penalties shall and may be levied, by virtue of any Warrant under the Hand and Seal of any One of Her Majesty's Justices of the Peace for the said County of Kent, either by the Sheriff of the County, or by Endorsement on the Back of the Warrant by the said Sheriff, which Warrant shall be forwarded to the Sheriff acting for any other County or City in which the Party shall reside or shall have removed, by Distress and Sale of the Goods and Chattels of the Person so offending, rendering to him or her the Overplus, after such Penalty, and the Charges of such Distress and Sale, shall be deducted; which Penalty shall be paid over to the Sheriff of the County of Kent, and be accounted for by him under the Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to amend an 4 G. 4. c. 87. Act for the more speedy Return of Fines, Penalties, and Forfeitures, and Recognizances estreated, and shall be returned by the Justices imposing the same to the Court of Quarter Sessions under the Provisions 3 G. 4. c. 46. By whom Expences shall be paid. Provisions of an Act passed in the Third Year of His late Majesty X. And be it enacted, That in case any Jury to be summoned and sworn pursuant to the Authority of this Act shall give in a Verdict or Assessment for more Money, as a Recompence, Compensation, or Satisfaction for the Estate, Right, Interest, or Property of any Owners or Occupiers, Person or Persons, in any such Houses, Buildings, Lands, Tenements, or Hereditaments as aforesaid, or for any such Injury or Damage as aforesaid, than shall have been agreed to be given or offered, or the same Sum as may have been offered for the same, by or on behalf of the said Commissioners of Greenwich Hospital or their Successors, before the summoning and returning of such Jury, or where by reason of Absence in Foreign Countries, or other Incapacity or Disability or Cause as aforesaid, there shall not be found any Person or Persons legally capacitated to enter into any Contract with the said Commissioners or their Successors, then and in every such Case all the reasonable Costs, Charges, and Expences of causing and procuring such Recompence, Compensation, or Satisfaction to be assessed by a Jury shall be settled by the Sheriff of the said County of Kent, and shall be paid by the said Commissioners or their Successors, and if not paid within Fourteen Days after the same shall have been taxed and demanded, then the same shall and may be recovered from the said Commissioners and their Successors, by Action of Debt or on the Case in any of Her Majesty's Courts of Record at Westminster, together with full Costs of Suit; but if any Jury so summoned and sworn as aforesaid shall give a Verdict or Assessment for less Money as such Recompence, Compensation, or Satisfaction as aforesaid than shall have been agreed to or offered by the said Commissioners or their Successors for the same before the summoning and returning of the said Jury, or in case no Damages shall be given by the Verdict where the Dispute is for Damages only, or where the causing and procuring such Jury to be summoned shall have arisen from a Refusal to treat or agree with the said Commissioners or their Successors by any Owners or Occupiers, Person or Persons whomsoever, who is or are legally empowered to treat, then all such Costs, Charges, and Expences (to be settled by such Sheriff in manner aforesaid) shall be borne and paid in equal Moieties between and by the Owners or Occupiers, Person or Persons respectively so claiming such Compensation, or refusing to treat and agree as before mentioned, and the said Commissioners and their Successors; and all Costs, Charges, and Expences hereby directed to be paid to the said Commissioners or their Successors shall and may be deducted and retained by them out of the Money so adjudged or assessed to be paid by them as so much Money advanced to and for the Use of the Owners or Occupiers, Person or Persons, entitled to such Money so adjudged or assessed, and Payment or Tender of the Remainder of such Money shall be deemed and taken to be a Payment or Tender of the whole Sum or Sums so adjudged or assessed; or in case no Money or no sufficient Sum of Money shall be adjudged or assessed to be paid by I by the said Commissioners or their Successors whereout such Costs, Charges, and Expences can be deducted, then the same shall and may be recovered by virtue of any Warrant under the Hand and Seal of One of Her Majesty's Justices of the Peace for the County of Kent, by Distress and Sale of the Goods and Chattels of the Person or Persons liable to pay the same, the Party making such Distress and Sale rendering to such Person or Persons as aforesaid the Overplus of the Money thereby produced (if any), after such Costs, Charges, and Expences, and the Charges of such Distress and Sale, shall be deducted. XI. And be it enacted, That a Minute or Docquet of all the Minute of all said Judgments and Verdicts shall be deposited with the Clerk of Judgments to the Peace of the said County of Kent, to be kept and preserved with the Clerk be deposited by him amongst the Records of the Quarter Sessions of the same of the Peace for County, and shall be deemed to be Records to all Intents and the County. Purposes whatsoever, and the same or true Copies thereof shall be allowed to be good Evidence in all Courts whatsoever; and all Persons shall have Liberty to inspect the same, paying for such Inspection the Sum of One Shilling, and to take Copies thereof, paying for every Copy thereof the Sum of Sixpence for every One hundred Words, and so in proportion for any less Number of Words. XIL And be it enacted, That if any Money shall be agreed Application or assessed to be paid for any of the said Houses, Buildings, Compensation Lands, Tenements, or Hereditaments mentioned and comprised exceeding 2001., Money when in the Schedule to this Act annexed, which shall belong to any belonging to Body Politic, Corporate, or Collegiate, Feme Covert, Infant, incapacitated Lunatic, or other Person or Persons under any Disability or Persons. Incapacity, or not legally entitled absolutely to dispose of the Premises by the Sale of which such Money shall be produced, such Money shall, in case the same shall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of England in the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account there ex parte "The Commissioners of Greenwich Hospital;" to the Intent that such Money may be applied, under the Direction and with the Approbation of the said Court, to be signified by an Order made upon a Petition to be preferred in a summary Way by the Person or Persons who would have been entitled to the Rents and Profits of the said Houses, Buildings, Lands, Tenements, and Hereditaments in the Purchase of other Lands, Tenements, and Hereditaments, which shall be settled to, for, or upon such and the like Uses, Trusts, Intents, and Purposes, and in the same Manner as the said Houses, Buildings, Lands, Tenements, and Hereditaments, which shall be so purchased or taken for the Purposes of this Act stood and were settled and limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing undetermined and capable of taking effect; and in the meantime, and until such Purchase shall be made, the said Money shall, by Order of the said Court, upon Application made thereto as aforesaid, be invested by the said Accountant General in his Name in the Purchase of Three Pounds per Centum Consolidated or Three Pounds per Centum Reduced Bank Annuities; and in the meantime, and until the When less than 2001. and exceeding 201. When not exceeding 201. In case of not making out Title, of Absence, or of Refusal to convey, the Money to be paid into the Bank. said Bank Annuities shall be ordered by the said Court to be sold for the Purposes aforesaid, the Dividends and annual Produce of the Consolidated or Reduced Bank Annuities shall from Time to Time be paid, by Order of the said Court, to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the said Lands, Tenements, and Hereditaments so hereby directed to be purchased, in case such Purchase or Settlement thereof was then actually made. XIII. Provided always, and be it enacted, That if any Money so agreed or assessed to be paid for any of the said Houses, Buildings, Lands, Tenements, or Hereditaments to be purchased or taken for the Purposes of this Act, and belonging to any Corporation, or to any Person or Persons under any Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds and shall exceed the Sum of Twenty Pounds, then and in case the same shall at the Option of the Body or Bodies, Person or Persons, for the Time being entitled to the Rents and Profits of the Hereditaments so purchased or taken, or of his, her or their Guardian or Guardians, Committee or Committees, in Cases of Infancy, Idiotcy, or Lunacy, or other Incapacity, to be signified in Writing under their respective Hands, be paid inta the Bank in the Name and with the Privity of the Accountant General of the said Court of Chancery, and be placed to his Account as aforesaid, in order to be applied in manner herein before directed; or otherwise the same shall be paid, at the like Option, to Two Trustees, to be named by the Person or Persons making such Option, and approved of by the said Commissioners of Greenwich Hospital, or their Successors, such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties, in order that such Principal Money, and the Dividends to arise therefrom, or the Interest thereof, may be applied in manner herein-before directed, and so far as the Case shall be applicable, without obtaining or beng required to obtain the Direction or Approbation of the said Court of Chancery. XIV. Provided always, and be it enacted, That where such Money so agreed or assessed to be paid as last before-mentioned shall not exceed the Sum of Twenty Pounds, then and in every such Case the same shall belong absolutely and be paid to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the Hereditaments, or Estate or Interest therein, so purchased or taken for the Purposes of this Act, for his, her, or their own Use and Benefit, or in case of Infancy, Idiotcy, Lunacy, or other Incapacity, then to his, her, of their Guardian or Guardians, Committee or Committees, Trustee or Trustees, to and for the Use and Benefit of such Person or Persons so entitled respectively. XV. And be it enacted, That in case the Body or Bodies Person or Persons, to whom any Sum or Sums of Money shall be agreed or be assessed or awarded to be paid for the Purcha of any Houses, Buildings, Lands, Tenements, or Hereditaments or any Estate or Interest therein, to be purchased or taken for the Purposes of this Act, shall refuse to accept the same, or shall not be able to make a good Title to the Premises to the Satis faction of the said Commissioners of Greenwich Hospital or their Successors, or shall refuse to execute a Conveyance or Conveyances thereof, or in case the Person or Persons to whom such Sum or Sums of Money shall be so assessed or awarded to be paid as aforesaid cannot be found, or if the Person or Persons entitled to such Houses, Lands, Tenements, Buildings, or Hereditaments, Estate or Interest, be not known or cannot be discovered, or if the Title to the Money so agreed or awarded to be paid shall be in dispute, then and in every such Case it shall and may be lawful for the said Commissioners or their Successors to pay the said Sum or Sums of Money so agreed or assessed or awarded to be paid as aforesaid into the Bank of England, in the Name and with the Privity of the Accountant General of the said Court of Chancery, to be placed to his Account to the Credit of the Party or Parties, if known, who shall be interested in the said Tenements or Hereditaments, or Estate or Interest, (describing such Tenements or Hereditaments,) but if such Party or Parties shall not be known, then to the Credit of the said Commissioners or their Successors, subject to the Order, Control, or Disposition of the said Court of Chancery; which said Court, on the Application of any Body or Bodies, Person or Persons, making claim to any such Sum or Sums of Money or any Part thereof, by Motion or Petition, shall be and the same is hereby empowered, in a summary Way of Proceeding or otherwise as to the said Court shall seem meet, to order the same to be laid out and invested in the Public Funds, or to order Payment or Distribution thereof, or Payment of the Dividends thereof, according to the respective Estates and Interests of the Body or Bodies, Person or Persons, making claim thereunto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier or Cashiers of the Bank of England who shall receive such Sum or Sums of Money is and are hereby required to give a Receipt or Receipts for such Sum or Sums of Money, mentioning and specifying for what the same is or are received, to such Person or Persons as shall pay any such Sum or Sums of Money into the Bank as aforesaid. XVI. Provided always, and be it enacted, That where any Question shall arise touching the Title of any Body or Bodies, Person or Persons, to any Money to be paid into the Bank of England in the Name and with the Privity of the Accountant General of the said Court of Chancery, in pursuance of this Act, for the Purchase of any Houses, Buildings, Lands, Tenements, or Hereditaments, or any Estate or Interest therein, to be purchased or taken for the Purposes of this Act, or to any Bank Annuities to be purchased with any such Money, or to the Dividends or Interest of any such Bank Annuities, the Body or Bodies, Person or Persons, who shall have been in the Possession of such Houses, Buildings, Lands, Tenements, or Hereditaments, Estate or Interest, at the Time of such Purchase, and all Body or Bodies, Person or Persons, claiming under such Body or Bodies, Person or Persons, or under the Possession of such Body or Bodies, Person or Persons, shall be deemed and taken to have been lawfully entitled to such Houses, Buildings, Lands, Tenements, and Hereditaments, Estate or Interest, according to such Possession, until the contrary shall In case of disputed Titles, Persons in possession to be deemed peremptorily entitled to the Money. be |