Imatges de pàgina
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Commissioners to make good Deficiencies in

Land Tax;

and in Poor

chial Rates.

Money arising from the Sale thereof, shall be and are hereby vested in the said Commissioners; and all such Money (after paying and defraying the necessary Expences of pulling down such Houses and Buildings, and the Sale of the Materials thereof) shall and may be applied and disposed of, under the Direction of the said Commissioners, in laying out or paving the Ground on which such Houses and Buildings were erected, or in paving or making good the Pavement of the Street or Place adjoining such Ground, or for any other of the Purposes relating to the rebuilding of the said Two Houses of Parliament.

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VIII And whereas the Site of the said intended Houses ' of Parliament and of the Approaches thereto comprises divers Messuages and other Hereditaments which now stand charged and chargeable with the Payment of certain annual Sums 'towards the general Quota of Land Tax now by Law payable by the Parishes of Saint Margaret and Saint John the Evan"gelist, Westminster, and by the Appropriation of such Messuages and other Hereditaments to such Site there would be a propor'tionate Deficiency in the Land Tax Assessment for the said Parishes, and such Deficiency would fall upon and have to be borne by the other rateable Property in such Parish unless 'Provision were made to remedy the same;' be it therefore enacted, That the said Commissioners shall be and they are hereby empowered and required, by and out of the Monies applicable to the rebuilding the said Two Houses of Parliament, to purchase or redeem, under or according to the Powers and Provisions contained in the several Acts relating to the Redemption and Sale of the Land Tax in Great Britain, all such Sums as are now charged and chargeable upon all such Messuages and other Hereditaments within the said Parishes as shall be purchased, taken, used, or appropriated for the Site of the said intended Two Houses of Parliament or the Approaches thereto.

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IX. And whereas by reason of the Purchases to be made and other Paro- and other Proceedings to be had and taken under the Authority of this Act there may be Deficiencies in the Produce of the Rates and Assessments for the Relief of the Poor, and the paving, cleansing, and lighting the Streets in the Parishes of • Saint Margaret and Saint John the Evangelist, Westminster; be it therefore enacted, That after the Occupier or Occupiers of any of the Messuages or other Hereditaments to be purchased under the Powers contained in this Act shall have quitted the Possession thereof in pursuance of any Requisition or Notice from the said Commissioners, and thenceforth until the said intended new Houses of Parliament shall be completed and occupied, the said Commissioners shall, out of the Monies applicable to the rebuilding the said Houses of Parliament, pay and make good all such Sum and Sums of Money as shall thenceforth until the said Houses are occupied from Time to Time be deficient in respect of the Produce of the Assessments for Poor's Rates, and Paving, Cleansing, and Lighting Rates, within the said Parishes, by reason or means of the Want of Occupiers

Occupiers in or the taking down of such Messuages or other Hereditaments, according to the Produce of such Rates and Assessments respectively (or as near thereto as Circumstances will admit) during or in respect of the Year ended the Twentyfifth Day of March One thousand eight hundred and thirtyseven, and the same shall accordingly be paid to the Collectors of the said Rates and Assessments in the said Parishes: Provided always, that nothing in this Enactment contained shall extend or be construed to extend to make any Person liable to be assessed to the Poor's Rates, or the Paving, Cleansing, and Lighting Rates, or any other Parochial Rates, within the said Parishes, in respect of any Occupation for which they would not by Law be liable, nor to prejudice the Right of any Person claiming to be exempted or not to be liable to be assessed to the said Rates or any of them.

Place to cease

to be a Thoroughfare.

X. And be it enacted, That when and so soon as the said Parliament Commissioners shall have purchased the Houses, Buildings, Erections, and Hereditaments in the said Street or Place called Parliament Place, herein-before authorized to be purchased for the Purposes aforesaid, the said Street or Place shall from thenceforth and for ever thereafter cease to be a public Way or Passage, and the Soil and Freehold thereof shall thereupon be vested in Her Majesty, Her Heirs and Successors, freed and discharged from all public and private Rights of passing and repassing over and along the same, and shall and may be made use of and applied by the said Commissioners for the Purposes of this Act.

shall not agree,

XI. And be it enacted, That if any Owners or Proprie- If Parties retors, Occupiers, Bodies Politic, Corporate, or Collegiate, Ec- fuse to treat or clesiastical or Civil, Corporations Aggregate or Sole, Trustees, a Jury to be Femes Covert, or any other Person or Persons, seised, pos- summoned. sessed of, or interested in any Houses, Wharfs, Buildings, Ground, Tenements, or Hereditaments, or any Share or Shares, Estate or Estates, Interest or Interests therein, or Charge or Charges thereon, which the said Commissioners are hereby empowered to purchase, take, and use for the Purposes aforesaid, 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 with the Person or Persons authorized by them, 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 they may be in the Possession of, or to the Interest they shall claim therein, to the Satisfaction of the said Commissioners, then and in every or any such Case the High Bailiff of the City and Liberties of Westminster, or his Deputy, as the Case may be, or in case such High Bailiff or his Deputy shall be anyways interested in the Matter in question, then some one of the Coroners of the County of Middlesex not interested therein, shall, upon the Warrant of the said Commissioners, in manner herein-after mentioned, and he and they

is and are hereby required and authorized, to cause it to be inquired into and ascertained upon the Oaths of a Jury of Twelve indifferent Men of the said City of Westminster (which Oaths the said High Bailiff or Deputy or Coroner is and are hereby empowered and required 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, Wharfs, Buildings, Ground, Tenements, or Hereditaments, and of the proportionable Value of the respective Estates and Interests of every 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, Wharfs, Buildings, Ground, Tenements, or Hereditaments, and of such respective Estates and Interest therein, and also for Goodwill, Improvements, or any Injury or Damage whatsoever that may affect any such Person or Persons, Party or Parties, provided such Goodwill shall be estimated by what in the Opinion of such Jury the same would have been worth in case the Alterations and Improvements intended by this Act had not been in contemplation, and also for or on account of the taking of such Houses, Wharfs, Buildings, Ground, Tenements, or Hereditaments for the Purposes or under and by virtue of the Authority of this Act; and in order thereto the said High Bailiff, Deputy, or Coroner is and are hereby 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 High Bailiff, Deputy, or Coroner is and are hereby empowered to administer); and such High Bailiff, Deputy, or Coroner respectively 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 and their own as for the said Jury's better Information in the Premises, as the said High Bailiff, Deputy, or Coroner shall think fit; and after the said Jury shall have inquired of, ascertained, and settled such Damage, Recompence, and Satisfaction, the said High Bailiff, Deputy, or Coroner shall thereupon order the Sum or Sums of Money so assessed by the said Jury to be paid by the said Commissioners to the said Owners or Occupiers of 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, Ecclesiastical or Civil, Corporations Aggregate or Sole, as well as all other Parties and Persons whomsoever; and for the summoning and returning of such Jury or Juries the said Commissioners are

hereby

hereby empowered to issue their Warrant or Warrants to the said High Bailiff, Deputy, or Coroner, to summon, impannel, and return, at some convenient Place in the said City of Westminster, a Jury of not less than Thirty-six nor more than Forty-eight 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 High Bailiff, Deputy, or Coroner at such Time and Place as in such Warrant shall be appointed; and Fourteen Days Notice at the least in Writing under the Hands of the said Commissioners 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 interested in the Premises, 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 respectively intended to be valued; and the said High Bailiff, Deputy, or Coroner is and are 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 High Bailiff, Deputy, or Coroner 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 High Bailiff, Deputy, or Coroner shall return other honest and indifferent Men of the Standers-by, 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 High Bailiff, Deputy, or Coroner respectively; 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.

any

pensation

XII. And be it enacted, That no Jury to be summoned Notice to be by virtue of this Act shall be allowed to assess or award given of Com Sum or Sums of Money to any Person or Persons by way of claimed. Compensation for Goodwill or Improvements alleged to have been lost, or any Injury or Damage alleged to have been sustained by him or them, by reason or means of this Act, or any thing which shall or may be done in the Execution hereof, unless Notice in Writing, stating the Particulars of every such Claim, and how and in what Manner the Amount thereof is made out and computed, shall have been given by and on behalf of such Person or Persons to the said Commissioners within Three 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.

XIII. And

Penalty on
High Bailiff,

Jury, and Wit-
nesses for Ne-

glect of Duty.

Providing for
Expences of

Jury.

XIII. And be it enacted, That if the High Bailiff, Deputy, or Coroner so directed to summon and return a Jury as aforesaid shall make default in the Premises, he shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds to the Party who shall be prejudiced or injured thereby, to be recovered, with full Costs of Suit, by Action of Debt or on the Case in any of Her Majesty's Courts of Record at Westminster; and if any Person so summoned and returned as aforesaid upon such Jury shall not appear, or appearing shall 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 to be allowed by the Justices herein-after mentioned, shall for every such Offence forfeit and pay any Sum not exceeding 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 City of Westminster, by Distress and Sale of the Goods and Chattels of the Persons so offending, the Person making such Distress and Sale rendering to him or her the Overplus of the Money thereby produced, if any, after such Penalty and the Charges of such Distress and Sale shall be deducted.

XIV. 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 Right, Interest, or Property of any Person or Persons in any such Houses, Wharfs, Buildings, Ground, Tenements, or Hereditaments, or for any such Goodwill, Improvements, Injury, or Damage as aforesaid, than shall have been agreed to be given and offered for the same by the said Commissioners before the summoning and returning of such Jury, or where, by reason of Absence in Foreign Countries, or other Incapacity or Disability as aforesaid, there shall not be found any Person or Persons legally capacitated to enter into any Contract with the said Commissioners, 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 High Bailiff, Deputy, or Coroner before whom such Claim shall have been tried, and shall be paid by the said Commissioners; 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, or Satisfaction as aforesaid, than shall have been agreed to and offered by the said Commissioners 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 by any Body or

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Bodies

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