Page:Ruffhead - The Statutes at Large - vol 3.djvu/329

 ^. D. 1663. Anno decimo quinto Caroli II. C. 17. 281 in the Place of him or tliem fo dead or removed : (4) And the faid Governor, Bailiffs and Commonalty Accounts to be alfo fiiall have further Power to have, demand and receive an Account from all and every the Ofncers, ^^'^'^" *^'^' Agents and Servants, their Executors and Adminiftrators, heretofore imployed, or hereafter to be imploycd, ;„ 'lo^ed.^"^"" for the Receiving and Paying of Money, for or in relation to the carrying on of the Works of theDrein- ' '^ ' ' ing of the faid Great Level, and fhall and may fuc for and recover the fame ; (s) and that all Arrears of Rent already incurred upon or out of any Part of the faid ninety-five thoufand Acres upon any Contract: or Lcafe of the faid PremilFes, or any Part or Parcel thereof, fhall be received and recovered, as if the faid pretended Act had been a good and efFedlual A£t : () and if any Suit be commenced againli the faid Cor- in Suits ajainft poration, or any Pcrfon, for any Matter or Thing done in Purfuance of this Act ; then he or they fliall or may any iirployed by plead the General Ifi'ue, and give the fpecial Matter in Evidence upon any Tiial to be had touching the '■' ^^*> '■^' fame, v/hich fhall be as good and effeftual in Law, as if th.2 fame had beeia fpecially pleaded, and tiie Jury '^l! j f^rGcn''.- upon the Trial to give a Verdidt accordingly. . falirme,' XVL Provided always, and be it further enafled by the Authority aforefaid, That as touching and La,-,dsof PcrfonS' concerning fuch Part and Parcel of the faid eighty-three thoufand Acres, whereof any Perfon or Perfons att.iinte'd, and attainted, or that fliall be attainted, was or Vv-ere in Pofleflion at any Time fmce the nine and twentieth Titlss under Day of May in the Year of our Lord one thoufand fix hundred forty and nine, under pretended Sales them ycHed ie thereof refpeftively made by Colour of the faid pretended A£t, or under any other Title or pretended Title ^'"S- whatfoever ; the King's moll Excellent fi'Iajelty, His Heirs, Succeflbrs and Afligns, fhall have the fame and like Benefit, Advantage and Interefc, in all and every the faid Parts and Parcels of the faid eighty-three thoufand Acres, and no other than as the faid Perfons fo attainted, or which fliall be attainted, could or ought to have by Virtue of this Aft, in Cafe they had not been been fo attainted, or fliall not be attainted.- ' (z) And whereas the Shares, Lots, Parts and Proportions o£ and in the faid ninety-five thoufand Acres, ' which in Purfuance of the faid Indenture of fourteen Parts, and by Virtue or Intention of the faid AA ' Truftees, Sir William Terringham, Sir Richard OnJJow, and other the Aflignees and Truftees of Henry ' late Earl of Arundel and Surrey deceafed, Arthur Earl of Anglefey, Thomas Lord Culpepper, Robert PhiUipSy ' Robert Scawe/i, and to divers other Perfons the Participants of the faid Earl Francis, and Parties to the ' enjoyed by divers Perfons, who took, contrafted for, or accepted of, or by i'uch who claim and derive ' by the faid pretended Adl of the nine and twentieth Day of JIday one thoufand fix hundred forty-nine, ' to have Authority to fell the Shares, Lots, Parts and Proportions of fuch of the Adventurers and Par- .* ticipants of the faid Earl Francis, and of their refpedtive Heirs and Affigns, as ihould refufe or make De- •thoufand Acres ;' XVII. Be it therefore enafled by the Authority aforefaid. That the faid Governor, Bailiffs and Com- monalty of the faid Company of Confervators of the faid Great Level of the Fens, and their Succeflbrs,. {hall aftually ftand feifed and pofiefTed of all and every the Shares, Lots, Parts and Projiortions laft men- tioned, in Truft neverthelefs to and for the Ufe and Behoof of the faid Samuel Sandys the Elder, or his Truf- tees in Truft for him. Sir lVillia?7t Terringham, Sir Richard Gnjlou) and others of the faid Affignees and Truftees of Henry late Earl oi Arundel and Surrey deceaied, Arthur Earl oi Anglefey, Thornas Lord Culpepper^ ■ Robert Philips, Robert Scawen, and of their refpedtive Heirs and Affigns, and to and for the refpeftive Ufes and Behoofs of the faid other Perfons, the Participants of the faid Earl Francis, and Parties to the faid In- denture of fourteen Parts, and of their refpective Heirs and Affigns, now out of Pofleffion of their re- fpe£live Shares, Lots, Parts and Proportions of the faid ninety- five thoufand Acres, as heretofore in or about the Month of OSiober in the thirteenth Year of the Reign of the late King Charles of ever Bleflcd Memory, were refpeftively allotted, fevered, fet forth or divided for or as the refpective Shares, Lots» Parts and Proportions of fuch of the Adventurers, the Participants of the faid Earl Fra7icis, and the Parties, to the faid Indenture of fourteen Parts, their refpeftive Heirs, Executors, Adminiftrators and Affigns, from and under whom the faid Samuel Sandys the Elder or his Truftees, Sir WiUiam Terringham, Sir Richard Onflow and others the Affiances and Truftees of Henry late Earl of Arundel and Surrey deceafed, Arthur Earl of Anglefey, Thomas Lord Culpepper, Robert Philips, Robert Scaiuen, and the faid other Perfons the Participants of the faid Earl Francis, and their rejpedtive Heirs, Executors, Adminiftrators and Affigns, now out of Pofleffion of their refpcdtive Shares, Lots, Parts and Proportions, do refpeSively claim and derive their faid Shares, Lots, Parts, Proportions ; and the faid Governor, Bailiffs and Commonalty of the Company of Confervators are hereby authorized and required to execute refpecStive Eftates of the faid Shares, Lots, Parts and Proportions accordingly, fubjedt and liable neverthelefs with the Refidue of the •faid ninety five thoufand Acres, in equal Proportion to all Taxc^s and Charges to be laid and impofed by Virtue of this Aft for Prefervation of the faid Great Level from Drowning: ' (2) And whereas the Per- ' fons now in Pofleffion of the fliid laft mentioned Shares, Lots, Parts and Proportions of the faid ninety- ' five thoufand Acres, whereof pretended Eftates and Conveyances were taken, contradted for or accepted ' and difburfed for Taxes for and towards the Maintenance, Prefervation and Repair of the Works of the ' faid Great Level heretofore erefted by the faid Earl Francis -und. his Participants, and for and towards their ' E ection of new and necefi'ary Works for the better and more efFeftual Dreining of the faid Great_ Level, ' and for Building upon the faid Shares, Lots, Parts and Proportions, more Monies than the clear Rents, ' Iflues and Profits of the faid Shares, Lots, Parts and Proportions have amounted to fince the faid refpet;- ' live pretended Eftates and Conveyances were fiflt taken, contracted for or accepted as aforefaid ;' Vol. m. O XVm. Be
 * and Law of Sewers made at Lpi, do belong and appertain to the faid Samuel Sandys the Elder, or his
 * faid Indenture, or their refpedtive Heirs, Executors, Adminiftrators or Affigns, are now pofl'effed and
 * their Intereft and. Title from and under fuch Perfons as did take, contra6t for, or accept of pretended
 * Eftates or Conveyances of the fame, made or pretended to be made by certain Perfons mentioned in and
 * fault of Payment of fuch Taxes as fhould by Colour and in Purfuance of the faid pretended A£t be
 * impofed upon them refpedtively, in refpcdl of their Shares and Lots, in or out of the faid ninety-five
 * of as aforefaid, do pretend that they or thofe under whom they do refpe£tively claim and derive their
 * Right, Title or Pretenfions to the faid Shares, Lots, Parts and Proportions refpectively, have laid out