Commissioners authorized to direct the Sheriff to call

a Jury to assess the Value of the Premises.

Sheriff or Witness neglecting his Duty.

V. And be it further enacted, That for the better carrying into Execution the said Commission or Commissions by virtue of this present Act to be issued, the said Commissioners so to be appointed, or any Three or more of them, shall and lawfully may, and they are hereby authorized and required to issue forth their Warrant or Warrants under their Hands and Seals, to be directed to the Sheriff of the County of Kent, thereby commanding him to impannel, summon and return before the said Commissioners, at such Time and Place as shall be appointed in such Warrant or Warrants, Twenty four good and lawful Men of the said County of Kent, qualified to serve upon Juries at the Assizes, who upon their Oaths (which Oaths the said Commissioners, or any Three or more of them, are hereby empowered to administer,) shall inquire into, and by their Verdict ascertain and assess the true and real Value of such Lands and Hereditaments, and of the respective -Estates, Rights and Interests therein; and the said Sheriff is hereby required to impannel, summon and return such Jury as aforesaid, and at the Return of such Warrant or Warrants to attend the said Commissioners with his Bailiffs or Officers, to prove, if necessary, upon Oath, (which Oath the said Commissioners, or any Three or more of them, are hereby empowered to administer,) the summoning the Jurors so to be impannelled and returned respectively; and in case the said Sheriff, or his Bailiffs or Officers, shall neglect or refuse (being duly served with such Warrant or Warrants Fourteen Days or more before the Return thereof) to impannel, summon and return such Jury as aforesaid, or shall not attend the said Commissioners with his Bailiffs or Officers at the Return of such Warrant or Warrants as aforesaid; or if any Person summoned as a Witness shall not appear, or appearing shall refuse to be examined or to give Evidence before the said Commissioners, then and in either of the said cases the said Commissioners, or any Three or more of them, shall and may, and they are hereby authorized and Penalty by required to impose a Fine upon such Sheriff, Bailiffs, Officers and Commissioners. Witnesses, or any of them so making Default, not exceeding Twenty Pounds nor less than Ten Pounds, for any One Offence; and if any Person so to be impannelled, summoned and returned, shall not appear at the Return of such Warrant or Warrants, or appearing shall refuse to be sworn for the Purposes aforesaid, or being sworn shall depart without the Licence of the said Commissioners or any Three or more of them, ¡before the Verdict is given, or shall not give his Verdict, or in any other manner neglect his Duty in the Premises, in every such case the said Commissioners then assembled or met, or any Three or more of them, may and they are hereby empowered to set a Fine upon such Person so offending, and not having lawful Excuse, to be allowed by the said Commissioners then sitting, or the major Part of them, not exceeding the Sum of Ten Pounds upon any one Person for any Offence; all which Fines the said Commissioners are hereby authorized and required to estreat into His Majesty's Court of Exchequer, to be levied to the Use of His Majesty.

So in case of Neglect, &c. by Jurymen.

Penalty.

In default of a sufficient Number of

Jurymen atsending, others

VI. And be it further enacted, That in case a sufficient Jury shall not appear upon the Return of the said Warrant or Warrants to take the Inquest, it shall be lawful to and for the said Commissioners by virtue of this Act to be appointed, or any Three or

more

turned.

more of them, from time to time to adjourn the Inquest to any may be refuture Day, not exceeding Fourteen Days nor less than Four Days from the Adjournment thereof, and to issue out their Warrant or Warrants for impannelling, summoning and returning an equal Number of Jurors to those so making Default; and thereupon the Jurors who shall have been before returned by the said Sheriffs respectively, and shall have appeared upon such Return, together with those who shall be returned and shall appear upon such Second or any future Warrant and Return, or Warrants and Returns, from time to time to be issued and made, until a sufficient Jury can be obtained, shall inquire as aforesaid..

VII. Provided always, and be it further enacted,. That Twelve good and lawful Men shall be sufficient to take the Inquest aforesaid; and that in case Twelve or more shall appear upon the Return of the said Warrant or Warrants, then and in such case the said Commissioners by virtue of this Act to be appointed shall proceed to take the said Inquest, and after the Inquest shall be taken may adjourn to some future Day for making their Judgments and Decrees thereon.

Inquest to be

taken if 12

Jurors appear.

VIII. And be it further enacted, That the said Commissioners Notice of Meetby virtue of this Act to be appointed, or any Three or more of ing of Jury.. them, shall cause Notice to be given in Writing of the Days appointed for the Meeting of the said Jurors as aforesaid, Fourteen Days at the least before any such Meeting; which Notice shall be affixed on the Door of the respective Parish Churches of Chatham and Gillingham aforesaid, and shall likewise cause the same to be published in the London Gazette; and if any Person or Per sons shall not appear pursuant to such Notice, or shall refuse to show his, her or their Deeds or Writings relating to the Premises, that then the said Commissioners, or any Three or more of them, and also the said Jury, shall proceed and determine upon the best Information they can then procure or obtain, to make such Inquests, Judgments and Decrees as hereinbefore directed; and all such Judgments and Decrees, being entered and certified as aforesaid, shall be final and conclusive.

IX. And be it further 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 Right, Interest or Property of any Person or Persons, Body or Bodies Politic or Corporate, in any such Lands or Hereditaments, than shall have been offered for the same by the said Commissioners, or their Agent or Agents, before the summoning and returning of such Jury, 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 Commissioners before whom such Claim shall have been tried, and shall be paid by the Commissioners of His Majesty's Navy; but if any Jury so summoned and sworn as aforesaid shall give in a Verdict or Assessment for no more or for less Money, as such Recompence, Compensation and Satisfaction as aforesaid than shall have been offered by the said Commissioners for the same, before the summoning and returning of the said Jury; or where the causing and procuring such Jury to be summoned shall have arisen from a

Cc 3

Refusal

Persons not attending with Deeds, &c. Commissioners

to proceed with the best Information they can obtain.

If Verdict for more Money than was offered, Expence of Inquest to be paid sioners of the Navy; but if Verdict be for less Money, Expence to be paid by the other Party.

no more or for

+ Sic.

Refusal to treat or agree with the said Commissioners by any Body or Bodies Politic or Corporate, Ecclesiastical or Civil, or by any Person or Persons whomsoever, who is or are by the Provisions of this Act or otherwise legally empowered to treat, then all such Costs, Charges and Expences, to be settled by such Commissioners in manner aforesaid, shall be paid to the said Commissioners in manner aforesaid †, shall be paid to the said Commissioners of the Navy, or to such Person or Persons as they or any Three of them shall appoint, by the said Body or Bodies Politic or Corporate, Ecclesiastical or Civil, or other Person or Persons so claiming such Compensation, or refusing to treat and agree as before mentioned respectively; save only and except where, by reason of Absence, or other like Cause, any Person shall have been prevented from treating or agreeing as aforesaid, in which case no Costs, Charges or Expences shall be allowed to either Party as against the other; Costs and Ex- and all Costs, Charges and Expences hereby directed to be paid pences retained to the said Commissioners of the Navy shall and may be deducted by Commisand retained by them out of the Compensation Money so adjudged sioners of the Navy out of or assessed to be paid, or be deemed and taken to be so much Compensation Money advanced to and for the Use of the Ferson and Persons, Money. Body Politic or Corporate, entitled to such Money so adjudged, 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 awarded or assessed to be paid, whereout such Costs, Charges and Expences can be deducted, then the same shall and may be recovered by Action at Law, at the Suit of and in the Name of any Three of the Commissioners of His Majesty's Navy for the time being, in the Nature of liquidated Damages; and no such Action shall abate by reason of the Death of any of the said Commissioners.

After Payment of Purchase Money, Trustces to stand seised of Premises for the Use of His

Majesty, freed from Claims, &c.

Application of Money belonging to Bodies Corporate, &c. where it

amounts to or exceeds 200l.

X. And be it further enacted, That immediately from and after the time that Payment shall be made of the Sum and Sums of Money agreed for or to be assessed by the said Jury, and decreed and adjudged by the said Commissioners to be by virtue of this present Act appointed, or any Three or more of them, to the Owners and Proprietors of and Persons interested in the said Lands and Hereditaments vested by and to be purchased in pursuance of this Act, or to any or either of them, the Trustees hereinbefore mentioned and their Heirs shall be deemed and adjudged to stand seised of the said Premises respectively, to and for the Use of His Majesty, His Heirs and Successors, for ever, freed and discharged of and from all and all manner of Estates, Leases, Rights, Titles, Interests, Claims and Demands whatsoever, which can or may be had, made or set up, in, to, out of or upon or in respect of the same Lands and Hereditaments, by any Bodies Politic or Corporate, Ecclesiastical or Civil, or any Person or Persons whomsoever on any Account whatever.

XI. And be it further enacted, That if any Money shall be agreed or assessed to be paid for any Lands or Hereditaments, or for any other Matter, Right or Interest of what Nature or Kind soever, purchased or taken by virtue of this Act for the Purposes thereof, which shall belong to any Body Politic or Corporate, Feme Covert, Infant, Lunatic or other Person or Persons under any Dis

ability

ability or 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 to One of the Cashiers of the Bank of England, with the Privity and to the Account of the Accountant General of His Majesty's Court of Exchequer for the time being, to the Credit and for the Use and Benefit of the Owners and Proprietors of and Persons interested in such Lands or Hereditaments; and such Cashier is hereby authorized and required to receive or accept and to give a Receipt or Discharge for the same, mentioning and specifying the Amount and to whose Use the same is received; and upon the Production of such Receipt or Discharge, the said Accountant General is hereby authorized and required to sign a Certificate to the Barons of the said Court of Exchequer, under his Hand, purporting and signifying that such Money or other Consideration was paid into the Bank of England in pursuance of this Act, to the Credit and for the Use and Benefit of such Owners or Proprietors, or other Persons interested, as shall be named in such Certificate; and the said Certificate shall be filed or deposited in the said Court of Exchequer, and an Office Copy thereof, signed by the proper Officer of the said Court for the time being, shall and may be read and allowed as Evidence for the Purposes hereinafter mentioned; and immediately upon the filing or depositing of such Certificate, the said Lands or Hereditaments shall be and become vested in the Trustees hereinbefore mentioned, and their Heirs, for the Public Service, in Trust for His Majesty, His Heirs and Successors. XII. Provided always, and be it further enacted, That if any Application of Money so agreed or assessed to be paid for any Lands or Heredi- the Money, taments purchased'or taken for the Purposes aforesaid, and belonging to any Body Politic or Corporate, or to any Person or Persons under Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds and shall amount to or exceed the Sum of Twenty Pounds, then and in all such cases the same shall, at the Option of the Person or Persons, Body Politic or Corporate, for the time being entitled to the Rents and Profits of the Hereditaments so purchased or taken, or of the Guardian or Guardians, Committee or Committees of the Person or Persons so entitled, in case of Infancy or Lunacy, to be signified in Writing under their respective Hands, be paid to One of the Cashiers of the Bank of England, with the Privity and to the Account of the said Accountant General of the said Court of Exchequer for the time being as aforesaid, in order to be applied in the manner hereinbefore directed with respect to Sums exceeding Two hundred Pounds; or otherwise the same shall be paid at the like Option to Two Trustees, to be nominated by the Person or Persons, Body Politic or Corporate making such Option, and approved of by the said Commissioners of His Majesty's Navy or any Three or more of them (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties), in order that such Principal Money may be invested in the Purchase of Stock in the Public Funds; and that such Stock when purchased, and the Dividends arising therefrom, may be applied in the manner hereinbefore directed, so far as the case may be applicable, without C c 4

ob

where less than

2001. and amounting to or exceeding 201.

Application

where the Sum less than 201.

A Baron of the

pronounce Orders in cases where Money is paid into the Bank on Behalf porate, &c. and

of Bodies Cor

others.

obtaining or being required to obtain the Direction or Approbation of the said Court of Exchequer.

XIII. Provided. also, and be it further enacted, That where such Money so agreed or assessed to be paid as hereinbefore mentioned shall be less than Twenty Pounds, then and in all such cases the same shall be applied to the Use of the Person or Persons, Body Politic or Corporate, who would for the time being have been entitled to the Rents and Profits of the Hereditaments so purchased or taken for the Purposes of this Act, in such manner as the said Commissioners of the Navy shall think fit; or in case of Infancy or Lunacy, then to his, her or their Guardian or Guardians, Committee or Committees, to and for the Use and Benefit of such Person or Persons so entitled respectively.

XIV. And be it further enacted, That the Barons of the said Exchequer may Court of Exchequer, or any One or more of them, shall and may, and they and he are and is hereby authorized and empowered, in a summary Way, upon Motion or Petition for and on Behalf of any Body or Bodies Politic or Corporate, or any Person or Persons entitled to the Benefit of, or interested in, any Money that shall or may be paid into the Bank of England under the Provisions of this Act, or the Interest or Produce thereof, and upon reading an Office Copy of the Certificate directed to be signed by the said Accountant General of the said Court for the time being concerning the same as aforesaid, and receiving such further Satisfaction as they or he shall think necessary, to make and pronounce such Orders and Directions for paying the said Money or any Part of the same, or for placing out such Part thereof as shall be Principal in the Public Funds, or upon Government or Real Securities, and for Payment of the Dividends or Interest thereof, or any Part thereof, to the respective Persons entitled to receive the same, or for laying out the Principal or any Part thereof in the Purchase of other Lands or Hereditaments, to be conveyed and settled to, for and upon the same Uses, Trusts, Intents or Purposes, as the said Lands and Hereditaments so purchased or taken under this Act stood settled at the time of the Payment of such Money as aforesaid, or as near thereto as the same can be done, or otherwise for the Disposition of the said Money or any Part thereof, and the Interest or Produce of the same, or any Part thereof, for the Benefit of the Person and Persons, Bodies Politic or Corporate, entitled to and interested in the same respectively, or for appointing any Person or Persons to be a Trustee or Trustees for all or any of such Purposes, as the said Court shall think just and reasonable; and also for raising and paying the Costs of any such Motion or Petition and the Proceedings to be had thereupon, or any Part of such Costs, out of the Principal Money paid into the Bank of England under the Provisions of this Act, or out of the Interest or Proceeds thereof, in such Manner and Proportions as the said Court in its Discretion shall think fit under the Circumstances of the case.

Court of Exchequer in cases of Pur

XV. Provided also, and be it further enacted, That where by reason of any Disability or Incapacity of the Person or Persons, chases on Behalf Body Politic or Corporate, entitled to any Lands or Hereditaof incapacitated ments to be purchased under the Authority of this Act, the PurPersons to order chase Money for the same shall be required to be paid into the