Page:Ruffhead - The Statutes at Large - vol 3.djvu/330

 282 C. 17. Anno decimo qiiinto Caroli II, A. D. 1667^ Thr Chief Ju. XVIII. Beit therefore enafted by the Authority aforefaid, and it is hereby enabled, That the Chief fticcofilis Juftice of the Court of Kind's Bench, the Chief Juftice of the Court of Common Pleas, the Chief Baron at'"oth«s"made ^^ '''® Court of Exchequer, and the Juitices of 'tiie faid Court of Common Pleas for the Time being, or a Judicature lo any two or more of them, are hereby conftituted, appointed and erected a Judicature or Commiflioners hear and deter- to hear, Order, judge, decree and determine upon Bills and Aniwers to be exhibited, or otherwile as they mine Ditte- fhall think fit, between the faid Perfons who are now in the Pofleflion of the faid refpeiStive Shares, Lots icnccs. Parts and Propt^rcions, and the refpeftive Heirs and Affigns of the laid Perfons now in PolTellionas afore- faid ; and the faid. Sir PJchard OnJJow and other the faid Affignees and Truflees of the faid Henty late Earl of Arundel and Surrey deceafed, Arthur Earl_ of Anglejey^ Thanias Lord Culpepper, the faid Samuel Sandys the Elder, or his Truftees, Sir TVUliara Terringham-, Robert Philips, Robert Scaiven, and the faid oth:r Per- fons Participants of the laid Esiul Franeis, and their refpeftive Heirs and Affigns, who are now out of the Pofiefiion of the faid Shares, Lots, Parts and Proportions refpedtively, and to whom refpedtive Eilates are by Virtue of this A£t to be executed of the fame as aforefaid: (2) And the faid Judicature or Co:nmif- fioners, or any two or more of them, are hereby authorized out of the faid Shares, Lots, Farts and Pro- portions, to order, adjudge, decree and determine to either of the faid Parties refpedively, fuch Recom- pence and Allowance as they the faiJ Judicature or Commiflioners, or any two or more of them ftiall fee Caufe : (3) And for the better enabling the faid Judicature or Commiffioners to proceed to the Hearing Ordering, Adjudging, Decreeing and Determining, and for putting in due and f eedy Execution fuch Or- der, Judgment, Decree and Determination, as they or any two or more of them fhall make between the faid Parties ; AmhorTroHh ^'^^- If is hereby further enafted by the Authority aforefaid, That they the faid Judicature or Com. i 1 laid Judicature/ rniffioners, or any two or more of them, fliall have fuch and the like Power and Authority as the High ! i Court of Chancery hath in Cafes before the faid Court depending, and for putting in Execution the De- ! crees of the faid Court : (z) And to the End that the faid Judicature may be the better enabled to judge of the Rights and Pretenfions of either Party; Direaions for XX. Be it further enaded by the Authority^ aforefaid. That in every Decree or Determination which th^y their Decrees fliall make by Virtue and in Purfuance of this Aft, they fhall have regard to the Sum and Sums of Money and Proceedings, aclually difburfed and expended by either Party in the Works of Dreining the faid Great Level, and in ij the Prefervation and Reparation of the fame ; and alfo to the refpeftive Times of fuch Dilburfements and i , Expence, Defalking thereout fuch Sum and Sums of Money as hav,e been received by either Party, their ' Tenants or Affigns, for the Rents, Iflues and Profits of the fame, and abating out of the Intereft of the i Money difburfed by either Party fo much as the Intereft of the Money r^sceived by fuch Party for the ■ Rents, Tffues and Profits of the fame, doth amount unto. (2) And to the Intent that the Perfons who by ■ the true intent and Meaning of this Aft are to be put into PoflelTion of any Part of the faid eighty-three ' thoufand Acres, may not by undue Delays or by any other Means or Pretenfions be kept out of, the , Poffeffion of the fame ;, ' ' XXL Be it further enafted by the Authority aforefaid. That at any Time or Times after the Expiration of fix Months after the Faffing of this Aft, it fhall and may be lawful to and for the faid Samuel Sam'ysthe Elder, and his Truftees for him, Sir Richard Onjloiv and others the Affignees and Truftees of Henry late Y.-3X oi Arundel and ^anvj' deceafed, Arthur Y.-eix oi Anglesey, Thomas 'Lord Culpepper, ?ix IPlUiam Terring- ham, Robert Philips and Robert Scawen, their and every of their rcfpeftive Heirs and Affigns, and to and for the Participants of the faid Earl Franeis, Parties to the faid Indenture of fourteen Parts, their and every ! |i of their refpeftive Heirs and Affigns, whole Lands, Shares, Lots, Parts and Proportions of and in the 1 'i faid ninety-five thoufand Acres, were fold or pretended to be fold for Non-payment of Taxes by V'irtue ■■ tj of the faid pretended Aft of the nine and twentieth Day of May in the Year of our Lord one thoufand, t fix hundred forty and nine, to bring their refpeftive Aftion or Aftions of Trefpafs, or Trefpafs and Ejeft- i 1 ment, in his Majeity's Court of King's Bench or Court of Common Pleas at JVcJiminJlcr; againft any Per- V fon or Perfons whatfoever, pofleffing, with-holditig or occupying the fame, although the faid Governor, ^ EailifFs and Confervators, or fo many and fuch of them as are thereunto authorized by this prefent A8', I TJ have not or fhall not execute Eftates purfuant to this prefent Aft", to fuch Perfon or Perfons hereby enabled | ! to bring fuch Aftion or Aftions ; and fuch Perfon or Perfons fhall recover fuch Lands, Shares, Lots, Parts j and Proportions of tbe faid ninety-five thoufand Acres, as they refpeftiv-ely fnall make and derive Title | 1 and Claim unto, as Participants of the faid Francis Earl of Bedford, Parties to the faid Indenture of four- i teen Parts, or as the refpeftive Heirs or Affigns of the faid refpeftive Participants, Parties to the faid In- ( denture of fourteen Parts, as if the fiiid Governor, Bailifts and Confervators had duly executed refpeftive j Eftates of fuch refpeftive Lands, Shares, Lots, Parts and Proportions of the faid ninety-five thoufand Acres, ' 1 according to the true Intent and Meaning of this Aft : And fuch Perfon or Perfons, his and their refpeftive I Heirs and Affigns, ihall have and hold the fame Lands, Shares, Lots, Parts and Proportions, as fully and. 1 effeftually as if the faid Governor, Bailiffs and Confervators had executed refpeftive Eftates thereof, fub-. I J jeft neverthelefs to fuch Decree as the faid Judicature or Commiffioners before nominated and appointed fhall make touching or concerning the PremifTes, and alfo fubjeft to the Payment of all Taxes to be laid 4ooo1.in arrcar and impofed by Virtue of this A61, and no other. ' (z) And whereas there are feveral Sums of Money torTa-ces, upon ' amounting to four thoufand Pounds or thereabouts, in arrear for Taxes laid and impofed fmce the nine ■wiiomtobelaid. c j^j^j twentieth Day of September in the Year of our Lord one thoufand fix hundred fifty and eight, upon ' feveral Parts of the faid ninety-five thoufand Acres, fubjefted by this Aft to the Judicature aforefaid, and ' for Penalties incurred for Non-payment of the fame, by Virtue or Colour of fome Aft or Authority or ' pret.-'nded Aft or A..uthority ;' XXII. He it therefore enafted by the Authority aforefaid. That the faid Commiflioners or Judicatory, or any two of them aforefaid, fliall have Power and Authority, and are hereby required, in fuch Adjudication A* difv fliall make touching the Lauds fubjefted to their Judicature as aforefaid, to direcij order and decree, 3 iip<*" ]