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Not to lay out, widen, &c. any street, &c. without verdict of a jury.
who on oath to return verdict to commissioners, if necessary to be made or widened,
and if necessary to commissioners to summon a jury to ascertain value as by the acts aforesaid.
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XXVII. Provided always, That the said commissioners, or any five of them hereby appointed, shall have no power or authority to lay out, design, or widen any such street, way or passage within said city or the suburbs thereof, without a jury shall by their verdict first find and present that such street, way or passage is necessary to be widened, and for that purpose the said commissioners or any five of them shall and are hereby authorized and required, when it shall appear to them that such street, lane or passage is necessary to be made or widened, to issue a precept under their hands and seals to the sheriffs of the said city, returnable in two days after the date thereof, who shall impannel and return to such commissioners a jury, not less than twenty four nor more than thirty six, and that out of such persons so returned a jury of twelve persons shall be drawn by ballot by some person or persons to be appointed by such commissioners or any five of them; which jury so drawn by ballot, shall and are hereby required to appear before the said commissioners or any five of them at such time and place as shall in such precept be appointed, and shall upon their oaths, which the said commissioners or any five of them are hereby authorized and empowered to administer to such jury, try and enquire whether such street, lane or passage is necessary to be made or widened, and for that purpose shall have a view of such street, lane, or passage, previous to their finding or returning a verdict to the said commissioners or any five of them; and if the said jury shall find that such street lane, or passage is necessary to be made or widened, then and in such case only the said commissioners or any five of them shall summon a jury to ascertain the value of the premisses to be purchased for the purposes aforesaid, as in and by the said herein before recited acts are particularly mentioned.
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