Page:Petty 1851 The Down Survey.djvu/389

 the said fifth of June, one thousand six hundred forty and nine, for which no satisfaction hath been already given, and that they shall not have power of selling their arrears or debentures, or of selling or alienating any the lands to be allotted unto them, until they shall be in the actual possession of such lands, without leave or license first had from the commander-in-chief for the time being, or such as he shall authorize for that purpose; and that all acts of sale or alienation that shall be made contrary hereunto to be null and void. And for that divers constructions may be made upon this present Act, or upon any former Acts of Parliament for reducing of Ireland, what shall be said to be woods which shall be cast in over and above unto the several proportions of land hereby to be alotted to the adventurers and soldiers; be it therefore declared and enacted by authority of this present Parliament,that such woods onely shall be taken to be within the intent and meaning of this present and other former Acts as are growing upon barren mountains, or which are not fit for timber, anything in this or any former Act to the contrary notwithstanding.

And to the end an equal divident of the said ten counties may be made betwixt the said adventurers and the said officers and soldiers, be it further enacted by authority aforesaid, that upon return made of the surveys of each of the said counties to the aforesaid committee for the lottery at Grocers' Hall, as by the afore-mentioned instructions issued under the great seal is directed, the said committee, upon computing the forfeited lands in each barony, shall divide each county by baronies into two moyeties, as equally and indifferently as they can, and then a lot or lots shall be drawn by the adventurers, or some on their behalf appointed, and by some officer or officers, or other person or persons appointed by the Lord General Cromwel, on behalf of the soldiery, for the dividing each county by baronies as aforesaid between them; and thereupon the said committee shall make forth two certificates under their hands and seals, each of them to contain and specifie which baronies in each county do by lot fall to the adventurers, and which to the soldiers, and those certificates shall ascertain to each their divisions respectively, and when the division is so made, the said committee at Grocers' Hall shall cause the respective baronies of the ten counties, so appropriated to the adventurers for and towards their satisfaction, to be equally subdivided amongst them by lot according to the proportions belonging to every of them; and if any baronies be defective to answer the sum which is apportioned thereto, supply shall be made out of any other barony or baronies belonging to the adventurers, where an overplus shall be found within the same county, and in default thereof,  within the same province, if it may be; and for the equal dividing and subdividing of the baronies and lands within the other moyety of the said ten counties, which shall be appropriated to the officers and soldiers, the said commissioners of parliament, or such as they shall appoint, shall be, and are hereby fully empowered and authorized to distribute and set forth unto the said officers and soldiers, answerable to their respective arrears, their several proportions of lands by lot or mutual agreement  amongst the said officers and soldiers. And the commander-in-chief of the forces in Ireland, or such as he shall from time to time appoint for that