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DEFENCE ACT 1842 - SECT 19

In default of treating, or where the parties do not agree, the persons authorized by Her Majesty may requrie two justices, &c. to put Her Majesty's officers in possession.

19. In case any such bodies or other persons hereby authorized to contract on
behalf of themselves or others as aforesaid, or any other person or persons
interested in any such lands, buildings, or other hereditaments which shall be
so marked out and surveyed as aforesaid, shall for the space of fourteen days
next after notice in writing subscribed by or on behalf of the said principal
officers shall have been given to the chief officer or officers of any such
body, or to such other persons hereby authorized to contract on behalf of
others, or interested themselves, as aforesaid, or left at his, her, or their
usual place of abode, refuse or decline to treat or agree, or by reason of
absence shall be prevented from treating or agreeing with the said principal
officers, or shall refuse to accept such sum of money as shall be offered by
the said principal officers as the consideration for the absolute purchase of
such lands, buildings, or other hereditaments, or such annual rent or sum as
shall be offered for the hire thereof, either for a time certain or for such
period as the exigence of the public service may require, then and in such
case it shall be lawful for the said principal officers to require two or more
justices of the peace, or three or more deputy lieutenants (one of whom shall
be a justice of the peace), or two or more deputy governors for the county,
riding, city, or place where such lands, buildings, or other hereditaments
shall be, to put the said principal officers, or any person appointed by them
into immediate possession of such lands, buildings, or other hereditaments;
which such justices or deputy lieutenants or deputy governors are hereby
required to do, and shall for that purpose issue their warrants under their
hands and seals, commanding possession to be so delivered, and shall also
issue their warrants to the sheriff of the county, riding, city, or place
wherein such lands, buildings, or hereditaments shall be situate, to summon a
jury; and every such sheriff is hereby authorized and required to summon and
return a jury, properly qualified, of the number of twenty-four, and in the
manner required by the laws of ... Ireland ..., who shall meet at some
convenient time and place to be mentioned in such summons, out of whom a jury
of twelve shall be drawn, in such manner as juries for the trial of issues
joined in Her Majesty's courts at ... Dublin are drawn by law in ... Ireland
...; and in case a sufficient number shall not appear, the said sheriff shall
choose others of the by-standers, or that can speedily be procured, being
qualified as aforesaid; and the said jurymen may be challenged by the parties
on either side, but not the array; and the said justices, deputy lieutenants,
or governors respectively may summon witnesses, and adjourn any such meeting
if jurymen or witnesses do not attend; and the jury, on hearing any witnesses
and evidence that may be produced, shall on their oaths, (which oaths, as also
the oaths of such witnesses, the said justices, deputy lieutenants, or
governors respectively are hereby empowered and required to administer,) find
the compensation to be paid, either for the absolute purchase of such lands,
buildings, or other hereditaments, or for the possession or use thereof, as
the case may be:

Proviso rep. by 1935 c.26 s.1(1); SI 1964/488


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