Abbildungen der Seite
PDF
EPUB

Commissioners

of Navy, by Authority of

may sell, exchange, &c. such Premises.

Leaseholds.

[ocr errors]

Quality of the said Manors, Messuages, Lands, Tenements and Hereditaments, and the several Estates and Interests of and in the same respectively, in Trust as aforesaid.

IV. And be it further enacted, That it shall and may be lawful for the said principal Officers and Commissioners of His Majesty's the Admiralty, Navy for the time being or any Three or more of them, by and under the Authority of the said Lord High Admiral or Commissioners for executing the said Office of Lord High Admiral for the time being or any Three or more of them, to sell, exchange or in any manner dispose of, or to let or demise, as well any of the Freehold and Leasehold Manors, Messuages, Lands, Tenements or Hereditaments respectively, which shall be vested in them, under and by virtue of this present Act, with their respective Appurtenances, as also any of the Copyhold Messuages, Lands, Tenements and Hereditaments, which shall have been surrendered to and vested in any Person or Persons, and his, her or their Heirs and Assigns, in trust for His said Majesty or any of His Predecessors, His or their Heirs and Successors, for the Use of the said several Departments of the said Naval Service or any of them, either by public Freeholds and Auction or private Contract; and as to the said Freehold and Leasehold Manors, Messuages, Lands, Tenements and Hereditaments, that it shall and may be lawful to and for the said principal Officers and Commissioners or any Three or more of them, and as to the said Copyhold Messuages, Lands, Tenements and Hereditaments, that it shall and may be lawful to and for the said Person or Persons, in whom the same shall be so vested as aforesaid, in due Form of Law to convey, surrender, assign or make over, or to grant or demise the same respectively, as the case may require, to any Person or Persons who shall be willing to purchase or take the same respectively; and also to do any other Act, Matter or Thing in relation to any such Manors, Messuages, Lands, Tenements and Hereditaments which shall by the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, or by the said principal Officers and Commissioners of His Majesty's Navy, be deemed beneficial for the Public Service in relation thereto, or for the better Management thereof, which might be done by any Person or Persons having a like Interest in any such like Manors, Messuages, Lands, Tenements or Hereditaments.

Copyholds.

Purchase Monies to be paid to Treasurer of the Navy, &c.

V. And be it further enacted, That the Monies to arise and be produced by the Sale or Exchange of any of the said Manors, Messuages, Lands, Tenements or Hereditaments, which shall be sold or exchanged under the Provisions of this present Act, shall be paid by the respective Purchaser or Purchasers thereof, or the Person or Persons making such Exchange, unto the Treasurer of His Majesty's Navy for the time being, or to such other Person or Persons as the said principal Officers and Commissioners of His Majesty's Navy for the time being or any Three or more of them, shall direct or appoint to receive the same, for the Use of His Majesty, His Heirs and Successors; and that the Receipt of the said principal Officers and Commissioners or of any Three or more of them, or of the said Treasurer, for such Monies, (such Receipt to be indorsed on every such Conveyance, Surrender or Assignment as aforesaid,) shall effectually discharge the Purchaser or Purchasers, or Person or Persons by whom or on whose Account the same shall be so paid.

VI. And

Lands on Pay

ment of the

Proviso for
Persons having
Rights to Lands
Limitation of
their Claim.

so sold, and

VI. And be it further enacted, That` immediately from and after Purchaser to the Payment of such Purchase Money and the Execution of every be seised of such Conveyance, Surrender and Assignment as aforesaid, the Purchaser or Purchasers therein named shall be deemed and adjudged Money freed to stand seised and possessed of the Manors, Messuages, Lands, from IncumTenements and Hereditaments which shall be so purchased by and brances. conveyed, surrendered, assigned or made over to him, her or them respectively, freed and absolutely discharged of and from all and all manner of prior Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances 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 Manors, Messuages, Lands, Tenements or Hereditaments, by any Person or Persons whomsoever, on any account whatsoever, (save and except such Estates, Leases, Rights, Titles, Exception. Interests, Charges, Incumbrances, Claims and Demands, as in any such Conveyance, Surrender or Assignment shall be excepted). VII. Provided always, and be it further enacted, That in case any Person or Persons shall have any just and legal or equitable Right to any of the Manors, Messuages, Lands, Tenements and Hereditaments which shall be so sold and conveyed as aforesaid or to any Part or Parts thereof, or to any Charge, Incumbrance or Demand affecting the same, and (not being under any of the Disabilities hereinafter mentioned) shall within Five Years next after every such Right or Claim shall by Law or Equity accrue to or become vested in him, her or them respectively, or being Femes Covert (except Femes Covert whose Estates have been or may be sold under the Authority of this or any other Act of Parliament for that Purpose), Persons within the Age of Twenty one Years, in Prison or out of this Kingdom or not of whole Mind at the Time of such Sale and Conveyance as aforesaid, shall, within Five Years next after they shall respectively come and be discovert, at their full Age of Twenty one Years, out of Prison, within this Land, or of whole Mind, make out and establish such Right or Claim to the Satisfaction of the principal Officers and Commissioners of His Majesty's Navy for the time being, then and in such case the said principal Officers and Commissioners shall make or cause to be made a fair and reasonable Compensation or Satisfaction for every Compensation. such Right and Claim so made out and established as aforesaid; but such Compensation or Satisfaction shall not in any case exceed the Amount of the Purchase Money or Purchase Monies which shall have been paid to and received by the said principal Officers and Commissioners or the said Treasurer, for the Manors, Messuages, Lands, Tenements and Hereditaments in respect whereof such Right or Claim shall be so made out as aforesaid, or a proportional Part thereof, exclusive of the Value of any Buildings or Improvements which shall have been erected or made thereon for the Use of any of the Departments of the said Naval Service.

into the Free

VIII. Provided always, and be it further enacted, That until In what cases any such Sale and Conveyance of any of the said Manors, Mes- Terms of Years suages, Lands, Tenements and Hereditaments, or any Part thereof, not to merge shall be made and executed under the Powers and Authorities of this Act, and as to all such the said Manors, Messuages, Lands, Tenements and Hereditaments, and Parts of the said Manors, Messuages, Lands, Tenements and Hereditaments, whereof no

such

hold, &c.

Commissioners of the Navy may bring Actions of Ejectment.

such Sale and Conveyance shall be made and executed as aforesaid, no Term or Terms of Years of or in the same, or any Part thereof, which shall or may have been or which shall or may be assigned to any Person or Persons, his, her or their Executors, Administrators or Assigns, in trust to attend the Inheritance of the same Premises, and to protect the same from mesne Incumbrances (if any), shall, by reason of any thing herein contained, merge or sink into the Freehold and Inheritance of the same Premises; but that until such Sale and Conveyance as aforesaid, and as to all such the said Manors, Messuages, Lands, Tenements and Hereditaments, and Parts of the said Manors, Messuages, Lands, Tenements and Hereditaments, whereof no such Sale and Conveyance as aforesaid shall be made and executed as aforesaid, all and every such Term and Terms of Years shall remain, continue and be vested in the Person and Persons, his, her and their Executors, Administrators and Assigns, in whom the same now are or shall at any time hereafter be vested, in trust to attend the Inheritance of the said Premises respectively, and to protect the same from mesne Incumbrances (if any); any Law, Custom or Usage, or any Clause, Matter or Thing hereinbefore contained to the contrary thereof in anywise notwithstanding..

IX. And be it further enacted, That it shall be lawful for the said principal Officers and Commissioners of His Majesty's Navy for the time being, and they are hereby authorized and empowered to bring, prosecute and maintain any Action or Actions of Ejectment, or other Proceeding at Law or in Equity, for recovering Possession of any Manors, Messuages, Lands, Tenements or Hereditaments by this Act vested in them as aforesaid, and to distrain or sue for any Arrears of Rent which shall have become or shall become due for or in respect thereof, under any Parol or other Demise from the said principal Officers and Commissioners, or any Three or more of them, or from any Person or Persons on their Behalf, or on Behalf of His Majesty, and also to bring, prosecute and maintain, or to defend any other Action or Suit in respect of or in relation to the said Manors, Messuages, Lands, Tenements or Hereditaments, or of any Trespass or Encroachment committed How described thereon, or Damage or Injury done thereto; and that in every such Action or Suit the said principal Officers and Commissioners for the time being shall be called "The Principal Officers and Commissioners of His Majesty's Navy," without naming them or any of them; and that no such Action or Suit shall abate by the Death, Resignation or Removal of such principal Officers and Commissioners, or any of them; any Law, Custom or Usage to the contrary thereof notwithstanding.

as Plaintiffs in such Actions.

No Abatement by Death, &c.

Incapacitated

Persons enabled to sell or exchange Lands.

X. And be it further enacted, That it shall be lawful for all Bodies Politic or Corporate, Ecclesiastical or Civil, and all Feoffees or Trustees for charitable or other public Purposes, and for all Tenants for Life and Tenants in Tail, and for the Husbands, Guardians, Trustees, Committees, Curators or Attornies of such of the Owners or Proprietors of or Persons interested in any Manors, Messuages, Lands, Tenements or Hereditaments which have been or may be hereafter agreed to be taken or purchased for the Use of the several Departments' of the said Naval Service, or any of them, as shall be Femes Covert, Infants, Lunatics, Idiots or Persons

beyond

beyond the Seas, or otherwise incapable of acting for themselves, to contract or agree with the said principal Officers and Commissioners of His Majesty's Navy for the time being, either for the absolute Sale or Exchange of any such Freehold or Copyhold Manors, Messuages, Lands, Tenements or Hereditaments, or for the Enfranchisement of any Copyhold Messuages, Lands or Hereditaments, or Sale of any Reversion after any Estate or Estates for Lives or Years, or for the Grant of any Lease either for Life or Lives, or for any Term of Years certain herein, or for such Period as the Exigency of the Public Service shall require, and to convey, surrender, demise or grant the same accordingly; and all Contracts, Sales, Conveyances, Enfranchisements, Surrenders, Leases and Agreements, which shall be made in pursuance hereof, shall be valid and effectual in Law to all Intents and Purposes whatsoever, and shall be a complete Bar to all Dower and Claims of Dower, Estates Tail and other Estates, Rights, Titles, Trusts and Interests whatsoever.

XI. And be it further enacted, That in every such case of Purchase of any Lands or Hereditaments, or of any Reversion as aforesaid, or the Enfranchisement of any Copyhold, or Purchase of any other Interest belonging to any such Body Politic, Corporate or Collegiate, Feme Covert, Infant, Lunatic or other Person or Persons, under any Disability or Incapacity, or not having the absolute Interest therein, the Purchase Money, if the same shall amount to or exceed the Sum of Two hundred Pounds, shall be paid to one of the Cashiers of the Bank of England, the Bank of Scotland or the Bank of Ireland, with the Privity and to the Account of the Accountant General or the King's Remembrancer, or other proper Officer for the time being, of His Majesty's Courts of Exchequer at Westminster, Edinburgh or Dublin, as the case may require, to the Credit and for the Use and Benefit of the Owners and Proprietors of and Persons interested in such Lands and 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 for whose Use the same is received, and upon the Production of such Receipt or Discharge, the Accountant General, King's Remembrancer or other proper Officer of the said Courts of Exchequer respectively for the time being, is hereby authorized and required to sign a Certificate to the Barons or Judges of the said Courts of Exchequer respectively, under his Hand, purporting and signifying that such Money or other Consideration was paid into the Bank of England, the Bank of Scotland or Bank of Ireland (as the case may be), 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 at Westminster, Edinburgh or Dublin respectively; and an Office Copy thereof, signed by the proper Officer of the said Courts 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 said principal Officers and Commissioners

of

Application of Purchase Money amounting to or exceeding 2001.

[ocr errors]

If less than 2001. and

amounting to or exceeding 201.

Barons of Ex-
chequer upon
summary
Application
may direct

Payment of
Purchase

Money;

and the laying out the same in the Purchase of

other Lands,

&c.

of His Majesty's Navy for the time being, for the Public Service, in Trust for His Majesty, His Heirs and Successors.

XII. Provided always, and be it further enacted, That in case such Purchase Money as is lastly hereinbefore mentioned shall be less than the Sum of Two hundred Pounds, and shall amount to or exceed the Sum of Twenty Pounds, then 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 Lands and Hereditaments so purchased, 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 Hands of one of the Cashiers of the Bank of England, the Bank of Scotland or the Bank of Ireland, with the Privity and to the Account of the said Accountant General, King's Remembrancer or other proper Officer or Officers of the said Courts of Exchequer at Westminster, Edinburgh or Dublin, 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 making such Option, and approved of by the said principal Officers and 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 obtaining or being required to obtain the Order, Direction or Approbation of either of the said Courts of Exchequer.

XIII. And be it further enacted, That the Barons or Judges of His Majesty's Court of Exchequer at Westminster, Edinburgh or Dublin for the time being, or any One or more of them, shall and may, and they or he are or is hereby authorized and empowered, in a summary Way, upon Motion or Petition for and on Behalf of any Body or Bodies Politic, Corporate or Collegiate, or any Person or Persons interested in or entitled to the Benefit of any Money that shall or may be paid into the Bank of England, the Bank of Scotland or the Bank of Ireland, 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, King's Remembrancer or other proper Officer of the said Courts respectively for the time being, concerning the same as aforesaid, and receiving such further Satisfaction as they or he 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 Body or Bodies Politic or Corporate, or Collegiate, or Person or 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

« ZurückWeiter »