3. Expenses of building, &c., how defrayed. 4 Geo. 4, c. 64. city, town, or place, wherein the same shall be situate, and to that end shall summon before such jury, and examine upon oath, (which oath any one of the justices is hereby empowered to administer), any person or persons whomsoever; and such justices, or any two of them, shall, by ordering a view or otherwise, use all ways and means for the information of themselves and of such jury in the premises; and when such jury shall have inquired of and ascertained by their verdict the value of such houses, buildings, lands, tenements, hereditaments, easements, and privileges, the said justices shall thereupon order that the sum which shall so appear to be the value of such houses, buildings, lands, tenements, hereditaments, easements, and privileges, shall be paid in such manner as is hereinbefore directed touching the money to be paid for such houses, buildings, lands, tenements, hereditaments, easements, or privileges, for sale whereof the persons interested shall contract and agree in manner aforesaid; which verdict and order shall be filed of record by the clerk Verdict final. of the peace, or other officer having the custody of the records of the county, riding, division, district, city, town, or place, and shall be final and conclusive, to all intents and purposes whatsoever, against all parties and persons whomsoever, claiming or to claim in possession, reversion, remainder, or otherwise, their heirs and successors, as well absent as present, infants, lunatics, idiots, and persons under coverture, or any other disability whatsoever, corporations, guardians, committees, hushands, trustees, and attornies, or any other person or persons whom. Boever." summoned and chosen. Sect. 59. "For the summoning and returning such juries, such jus- How jury to be tices, or any two of them, may issue their warrant to the sheriff or officer having the returning of writs within the county, riding, division, district, city, town, or place within the limits of which the houses, buildings, lands, tenements, hereditaments, easements, or privileges shall be situate, requiring him to impanel, summon, and return an indifferent jury of twenty-four persons, qualified to serve on juries, to appear before the said justices, or any two of them, at such time and place as in such warrant shall be appointed; and such sheriff or officer is hereby required to impanel, summon, and return such number of persons accordingly, and out of the persons so impanelled, summoned, and returned, or out of such of them as shall appear upon such summons, the justices, or any two of them, shall, and they are hereby empowered and required to draw by ballot, and to swear or cause to be sworn, twelve men, who shall be the jury for the purposes aforesaid; and, in default of a sufficient number of jurymen so returned, the said sheriff or officer shall take such other honest and indifferent men of the bystanders, or that can speedily be procured to attend that service, as shall make up the number twelve; and all persons concerned shall have their lawful challenges against any of the persons impanelled when they come to be worn; and the said justices, or any two of them, shall have power to impose a fine or fines on such sheriff or officer, or his deputy or deputies, making such default in the premises, and on any of the persons who shall be summoned and returned on such jury, and who shall not appear, or, appearing, shall refuse to be sworn on the said jury, or, being sworn, shall refuse to give or shall not give a verdict, or shall, in any other manDer, wilfully neglect his or their duty therein; and also on any person who, being summoned and required to give evidence before the said jury, shall refuse or neglect to appear, or, appearing, shall refuse to be worn or to give evidence, so that no such fine be more than 10%., nor less than 208., on any one person for one offence." 66 Sect. 60. In case any jury shall deliver a verdict for more money, as the value of the houses, buildings, lands, tenements, hereditaments, asements, or privileges, so to be purchased, than shall have been offered r the purchase thereof by the justices or their agent to any person capable of contracting for the same, the costs and expenses of summoning and maintaining the jury and witnesses shall be borne and paid out of Fines may be imposed upon sheriff, for neglect. jury, and others, Expenses of summoning and mainwitnesses, how defrayed. taining jury and 4 Geo. 4, c. 64. 3. Expenses of the same fund as the expenses of the buildings to be erected; but if building, &c., such jury shall deliver a verdict for no more, or for less money than how defrayed. the money which shall have been so offered by such justices or their agent, then the costs and expenses of summoning and maintaining the jury and witnesses shall be borne and paid by the person or persons with whom such controversy or dispute, touching the value of such houses, buildings, lands, tenements, hereditaments, easements, or privi leges, shall arise: Provided always, that in all cases where any person or persons shall, by reason of absence, have been prevented from treating, such costs and expenses shall be borne and paid out of the same fund as the expenses of the buildings to be erected." Conveyance to be of purchasemoney. Sect. 61. "Upon payment of such sum and sums of money so to be made on payment ascertained and adjudged, (that is to say), first, in or towards the payment and discharge of any sums due on charges, incumbrances, and liens, if any, affecting the several estates respectively, and then to the owners of the said estates respectively, if any shall remain for that purpose, the person or persons who shall be so found and adjudged to be the owners of the said several estates of and in the said houses, buildings, lands, tenements or hereditaments, easements or privileges, respectively, and also the owners of any such incumbrances, charges, and liens, respectively, shall make and execute, or procure to be made and executed, the person or persons so named by such justices, and his or their heirs, a good and sufficient conveyance or conveyances, thereby granting, releasing, or assigning to them the said houses, buildings, lands, tenements or hereditaments, easements or privileges, and all such estate, right, title, term, or interest therein, or charge, incumbrance, or lien thereon; and immediately upon such payments and entry of such ver dicts of the said juries, and judgments, sentences and decrees, orders, and other proceedings, as aforesaid, the said lands, houses, buildings, and premises shall vest in the person or persons to be so named by the said justices, and his and their heirs, and he and they shall be deemed in law to be in the actual seisin and possession thereof, to all intents and purposes whatsoever, as fully and effectually as if every person having any estate in the premises, in possession, remainder, reversion, or expectancy, or any charge, incumbrance, or lien thereon, was of full age and of sound mind and memory, and had actually and duly conveyed the same to such trustee by lease and release, bargain and sale enrolled, feoffment with livery and seisin, fine and recovery, or by any other legal conveyance whatsoever." Effect of such conveyance. Application of compensation when exceeding 2007. Sect. 62. "If any money shall be agreed or awarded to be paid for any houses, buildings, lands, tenements, hereditaments, easements, or privileges, purchased, taken, or used by virtue of the powers of this act, which shall belong to any corporation, feme coverte, infant, lunatic, person or persons under any other disability or incapacity, such money shall, in case the same shall amount to the sum of 2001., with all con venient speed, be paid into the Bank of England, in the name and with the privity of the accountant-general of the High Court of Chancery, to be placed to his account, ex parte the justices of the peace for the county of, to the intent that such money shall be applied under the direction and with the approbation of the said court, to be signined by an order made upon a petition to be preferred in a summary way the person or persons who would have been entitled to the rents and profits of the said houses, buildings, lands, tenements, hereditaments, easements, or privileges, in the purchase of the land-tax, or discharge of any debt or debts, or such other incumbrances, or part thereof, as the said court shall authorize to be paid, affecting the same lands, tenements, or hereditaments, or affecting other houses, buildings, lands, tenements, hereditaments, easements, or privileges, standing settled therewith to the same or the like uses, intents, and purposes; or where such money shall not be so employed, then the same shall be laid out and invested under the like direction and approbation of the said court, in the purchase of by 4 Geo. 4, c. 64. other houses, buildings, lands, tenements, hereditaments, easements, or 3. Expenses of privileges, which shall be conveyed and settled to, for, and upon such building, &c., and the like uses, trusts, intents, and purposes, and in the same manner how defrayed. as the houses, buildings, lands, tenements, hereditaments, easements, or privileges, which shall be so purchased, taken, or used, as aforesaid, stood settled or 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 mean time, and until such purchase shall be made, the said money shall, by order of the Court of Chancery, upon application thereto, 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 mean time, and until the said bank annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said 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 houses, buildings, lands, tenements, hereditaments, easements, or privileges, so hereby directed to be purchased, in case such purchase or settlement were made." Sect. 63. "If any money so agreed or awarded to be paid for any houses, buildings, lands, tenements, hereditaments, easements, or privileges, purchased, taken, or used for the purposes aforesaid, and belonging to any corporation, or to any person or persons under disability or incapacity as aforesaid, shall be less than the sum of 2007., and shall amount to or exceed the sum of 201., then and in all such cases the same shall, at the option of the person or persons for the time being entitled to the rents and profits of the houses, buildings, lands, tenements, hereditaments, easements, or privileges, so purchased, taken, or used, or of his, her, or their guardian or guardians, committee or committees, in case of infancy or lunacy, to be signified in writing under their respective hands, be paid into the Bank of England, in the name and with the privity of the said accountant-general of the High 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 nominated by the person or persons making such option, and approved of by the said justices, (such nomination and approhation to be signified in writing under the hands of the nominating and approving parties), in order that such principal money, and the dividends arising thereon, may be applied in manner hereinbefore directed, so far as the case be applicable, without obtaining, or being required to obtain, the direction or approbation of the said Court of Chancery." Sect. 64. "Where such money so agreed or awarded to be paid as next before mentioned shall be less than 20%., then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the houses, buildings, lands, tenements, hereditaments, easements, or privileges, so purchased, taken, or used for the purposes of this act, in such manner as the trustees 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." Sect. 65. "In case the person or persons to whom any sum or sums of money shall be awarded for the purchase of any houses, buildings, lands, tenements, hereditaments, easements, or privileges, to be purchased by this act, shall refuse to accept the same, or shall not be able to make out a good title to the premises, to the satisfaction of the said justices; or in case such person or persons to whom such sum or sums shall be so awarded as aforesaid cannot be found, or if the person or persons entitled to such houses, buildings, lands, tenements, hereditaments, easements, or privileges be not known or discovered; then and in every such case it shall and may be lawful to and for the said justices to order the said sum VOL. III. A A Application when less than 2007. but not less than 207. compensation is Application where money less than 201. In case of not making out titles, bank in the name cery. 4 Geo. 4, c. 64. order in respect thereof on motion or petition. 3. Expenses of or sums of money so awarded as aforesaid, to be paid into the Bank of building, &c., England, in the name and with the privity of the accountant-general of how defrayed. the Court of Chancery, to be placed to his account, to the credit of the persons interested in the said houses, buildings, lands, tenements, hereditaments, easements, or privileges, (describing them), subject to the Court may make order, control, and disposition of the said Court of Chancery; which said Court of Chancery, on the application of any person or persons making claim to such sum and sums of money, or any part thereof, by motion or petition, shall be, and is hereby empowered, in a summary way of proceeding, or otherwise, as to the same court shall seem meet, to order the same to be laid out and invested in the public funds, and to order the distribution thereof, or payment of the dividends thereof, according to the respective estate or estates, title or interest, of the 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 for such sum or sums of money, mentioning and specifying for what and for whose use the same is or are received, to such person or persons who shall pay any such sum or sums of money into the bank as aforesaid." Sect. 66. "Where any question shall arise touching the title of any person to any money to be paid into the Bank of England in the name and with the privity of the accountant-general of the Court of Chancery, in pursuance of this act, for the purchase of any houses, buildings, lands, tenements, hereditaments, easements, or privileges, or of any estate, right or interest, in any houses, buildings, lands, tenements, hereditaments, easements, or privileges, to be purchased in pursuance of this act, or to any bank annuities to be purchased with any such money, or the dividends or interest of any bank annuities, the person or persons who shall have been in possession of such houses, buildings, lands, tenements, hereditaments, easements, or privileges, at the time of such purchase, and all persons claiming under such person or persons, shall be deemed and taken to have been lawfully entitled to such houses, buildings, lands, tenements, hereditaments, easements, or privileges, according to such pos session, until the contrary shall be shown to the satisfaction of the said Court of Chancery; and the dividends or interest of the said bank annuities to be purchased with such money, and also the capital of such bank annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said court, that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such houses, buildings, lands, tenements, hereditaments, easements, or privileges, or to some estate or interest therein." Upon question touching title to money paid into bank, person having been in possession of premises deemed entitled to the money until the contrary shewn to the Court of Chancery. Court of Chancery may order reason. able expenses of purchasers to be paid. Sect. 67. "Where, by reason of any disability or incapacity of the person or persons, or corporations, entitled to any houses, buildings, lands, tenements, hereditaments, easements, or privileges, to be purchased under the authority of this act, the purchase-money for the same shall be required to be paid into the Court of Chancery, and to be applied in the purchase of other houses, buildings, lands, tenements, hereditaments, easements, or privileges, to be settled to the like uses in pursuance of this act, it shall and may be lawful to and for the said Court of Chancery to order the expenses of such last-mentioned purchases from time to time to be made in pursuance of this act, or so much thereof as the said court shall deem reasonable, to be paid by the said justices, out of any monies to be received for the purposes of this act, who shall from time to time pay such sums of money for such purposes as the said court shall direct." Sect. 68. "And, in order to defray the expenses of the several matters and things hereinbefore directed to be done, respecting gaols, houses of correction, and other prisons, and for the support and maintenance of prisoners confined therein, who are entitled by law to such support, and for all other expenses necessary to the execution of this act, and not here inbefore particularly provided for;" it is further enacted, "That it shall and may be lawful for the justices, at their general or quarter sessions assembled, and they are hereby authorized and empowered, to cause such sums of money as shall be necessary for all or any of those purposes to be raised on the counties, ridings, divisions, districts, cities, towns, or places to which this act shall extend, in the same manner as rates applicable to the building, repairing, or maintenance of such prisons respectively are now directed to be raised by law." (See " County Rate,” Vol. II.) This enactment applies only to the mode of raising the rates therein mentioned, and not to the persons on whom they are laid. (Thompson v. Raikes, 1 Ad. & Ell. 863). It was held, in Rex v. Justices of Kingston-upon-Hull, (1 Ad. & Ell. 880), that, under the above 68th section, the justices of a town and county might have power to raise money on the inhabitants in general for the purpose of building a gaol, though other persons might have been liable at the time of passing the act, and might continue liable to the expense of repairing and maintaining such gaol. It has been held by the Court of King's Bench, (Parke, J., dubitante), and the judgment affirmed on error, that, under the above stat. 4 Geo. IV. c. 64, the justices of a town and county of a town mentioned in Schedule A. (post) to that act might rate the inhabitants for rebuilding the gaol of such town and county on a new site; and that, although by a local act which had been carried into effect it had been enacted that ground should be purchased and conveyed to the corporation of the said town, and that the justices for the town and county should cause a new gaol to be built thereon, that a limited sum should be raised by assessment on the town and county for the purposes of the act respecting such gaol, the surplus to be repaid proportionally to the parties assessed, and that such ol, when finished, should be a public gaol for the town and county, and should from time to time be maintained, supported, and repaired by the corporation. (Thompson v. Raikes, 1 Ad. & Ell. 863, and see R. v. Justices of Kingston-upon-Hull, Id. 880). By stat. 5 Geo. IV. c. 85, s. 15, "Nothing in the said recited act [4 Geo. IV. c. 64] or in this act contained shall oblige any city, town, borough, port, or liberty to provide in its gaol or house of correction accommodation for any class of prisoners who could not be lawfully comnitted to such prison before the passing of the said recited act; and that nothing in the said recited act or this act contained shall alter or affect the liabilty of any bodies politic or corporate, or of the inhabitants of any parish, township, or place, or of any individuals bound by statute, tenure, custom, prescription, or usage, to repair or to contribute towards the repair of any prison, or to maintain or contribute towards the maintenance of the prisoners confined in any prison, or to pay or contribute towards the payment of any expenses whatever connected with any prison; but that all such parties shall remain liable to all such charges as if the said recited act and this act had not been made." But the power of the justices to rate as above, under the 4 Geo. IV. c. 64, is not limited by this enactment of 5 Geo. IV. (Thompson v. Raikes, 1 Ad. & Ell. 863; R. v. Justices of Kingston-upon-Hull, Id. 880, n.) Sect. 18, reciting, "That it may be found expedient in some places, for the purpose of building, enlarging, or rendering more commodious the al or house of correction, to fix upon lands or tenements over which rights of common exist; and in such case great difficulties may arise in purchasing and obtaining a conveyance of such commonable lands or tenements under the general powers of" stat. 4 Geo. IV. c. 64, enacts, That, for the purpose of the said recited act, and of this act, and of any local act relative to any such gaol or house of correction, the churchwardens for the time being of the parish wherein any such commonable lands or tenements shall be situate shall be considered as the persons |