Page:Ruffhead - The Statutes at Large - vol 3.djvu/369

 ^.D. i668. Anno vicefimo Caroli II. C. 8. 321 « John Klyk, of the fecond Part, zni Samuel Sandys of OmbcrJIey, Efq; on the third Part, fettled in fc-veral ' Truftees therein named, in Truft for the Payment of all fuch Taxes as fliould he due for or in refpeft of ' the faid Lands mentioned in the faid Indenture, and after in Truft for the Securing of the faid Samuel ' Sandys Efq; from all fuch Debts as he the faid Samuel Sandys flood engaged for the proper Debts of the ' -laid Sir Aiiles Sandys the Elder, and Sir Miles Sandys the Younger : Since which faid Indenture fo had anJ ' made, the faid Samuel Sandys the Elder has paid great Sums of Money for and towards the Satisfaction of ' the faid Debts of Sir Miles Sandys the Elder, and Sir Miles Sandys the Younger, and vet hath reaped no " -•'—"' ' ' " ■ • ■ - ■ • — jg lied 15 Car. t, c. ry, d ' in the faid Indenture : But in regard the faid Samuel Sandys Efq; nor any in Truft for him could procure ' any Conveyance, which hath proved very prejudicial to the fud Samuel Satidys the Elder:' VIII. Be it therefore enadted by the King's moft Excellent Majefly, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament afTcmbled, and by Authority of the fame, That all the faid Lots and Shares in the faid Indenture mentioned, (except only fuch Lands of the faid Half Share as were re.illy fold by Sir Afiles Sandys the Elder, or Sir Afiles Sandys the Yourig r, for- full and valuable Confidera- tions, and fuch of the faid two Shares which have been fold for the Payment of Taxes or Debts, in Purfu- ance of the faid Indenture, by the faid Sir A4iles Sandys and the Trufiees Parties, to the faid Indenture) are hereby vefted and fettled in Sa?mtel Sandys the Younger, Efq; and Edivin Sandys Gent. Sons of the (aid Sa- Lands fcitlci muel Sandys the Elder, their Heirs and Affigns, freed and difcharged from all Manner of Taxes v/hatfcevsr "?«" Samuel to the Time of the PaiFing_ this Aft : And by the Authority aforcfaid, the Freehold and Inheritance of tha ^^^nrijs and td- faid Lots and Shares aforefaid, except before excepted, flial! be deemed and adjudged to be in the laid S'ff- JJ^"^^ j^^^j "^'^ muel Sandys the Younger and Edivin Sandys, their Heirs and Afligns for ever; neverthelefs, the faid Shares and Lots hereby vefted {l:iall be liable to the Payment of the Debts aforefaid, and to. all Powers and Jurif- dictions, together with the Relldiie of the faid ninety-five thoufand Acres, as the fairie are fubj.?6t amJ liable by the faid recited Aft, for the Future, and of all fuch Taxes and. Penalties as,fiiall be hereafter 'afi'efTed of laid for the Prefervation of the faid Great Level, in fuch Sort and Manner as the eighty-three thoufand' Acres, Parcel of the ninety-five thoufand Acres, fliall be afTcffed and taxed ; any Law, Statute or Thing to the contrary in any wife notwithftanding. IX. Provided alfo, and it is hereby further declared and enabled by the Authority aforcfaid. That all and Sa'es for Non- every of the Sale or Sales made, agreed or contradfed for, for Non-t:ayment of 'I'axes of any of the Lands pa>menrof of the faid Sir Miles Sandys the Elder, or Sir Miles Sandys the You'nger, or the faid Samuel Sandys the El- ^^^ '^'j'"= der Efq; by the Governors, Bailiffs and Confervators, conftituted and elected by Authority of an A6t of  this prefent Parliament, intituled, j^n j£i for fettling the Dreinin;; of the Great Level of the Pens called lied- ford Level, to any Perfon or Perfons whatfoever, by Virtue or Colour of the faid Act, is, are and fhaN be null and void ; and that the faid Lands fold by the faid Governors, Bailiffs ?,nd, Confervators, (except before excepted) are and fhall be vefted and fettled by this prefent Act, in the faid Saw.uel Sandys the Younger and Edwin Sandys, their Heirs and Affigns, freed and difcharg'ed af and from all Taxes laid by the faid Gover- nors, Bailifts and Confervators ; any Thing in the faid recited Aft to the contrary notwithftanding. ' X. And to the End, the faid Samuel Sandys zbA Edtuin '"a^dys ms.y have the EfFeft and Benefit hereby in- ' tended them, and that the Occupiers and PofTelTors of the laid Shares and Lots ^■efted in them the faid ' Samuel Sandys and Edwin Sandys .as aforcfaid^ may not by their continuing in PofTeCion, and Neglect of ' paying the Taxes hereafter to be iiripofed on the faid Shares and Lots, or any Part of them, caufe tiie ' fame to be forfeited and fold for Non-payment of the refpeftive Taxes that {hall become due for the fame ;' (z) Be it therefore hereby further er^atted by the Authoiity aforefaid. That in cafe any Occupier or Pof- feffor of any the faid Shares, or Lots, in the' faid Deed of Truft mentioned as aforefaid, or any Part of them, pretending to claim under the faid Deed of Truft or otherwife, that fhall refufe to deliver or yield up the Pofleffion of fuch Part of the laid Shares or Lots, to thein the faid Samuel Sandys and Ediuin Sandys, or their Afligns, and fhall not duly pay the Taxes hereafter to be impofed on the fiime, before our Lady-day one thoufand fix hundred fevcnty-one ; That then the Serjeant at Mace for the Time being, attending the SeijeantatlVface faid Corporation, is hereby authorized and impowered by Precept under the'Seal of the Corporation of the to lemove Or. faid Great Level (who are hereby reriuiied to grant and ifTue out the fame) in the Nature of a Writ of ';"P^nts '«>tpay- Habcre facias poffeffionem at the Coinmon Lavi', to deliver unto and put them the faid Samuel Sandys and Ed- '"8 Taxes. win Sandys, their Heirs or Affigns, in the quiet and peaceable PoffefTion of fuch Shaies and Lots or any Part of them ; and all and every fuch Occupier or Occupiers, PoflefTor or Pofleflors thereof, of and from the fame to eje6t, expel and am.ove; They the faid Samuel Sandys and Edwin Sandys, upon reafonable No- tice, firft paying or tevidring fuch Taxes as fhall become due for the fame, from the Time of the Pafling this A£t cne Month before the next Day of Sale for Non-p?ym.cnt of fuch Taxes hereafter to be impoied ; which faid Samuel Sandys znd Edwin Sandys, and their Heirs, are thereupon hereby aiTtually vefted in the fatne. ' XI. And whereas the faid feveral Shares and Lots of the faid ninety-five thoufand Acres, herein before ' vefted and fettled in the faid Samz^el Sandys the Younger and Edwin Sandys, and their Heirs as aforefaid, ' ought to have been conveyed unto the faid Samuel Sandys the Elder, or his Truftees, by the faid Governor, ' Bailiffs and Confervators of the faid Corporation, by Virtue of the faid before-m.cntioned Act, as in an^ ' by the fame they were required and directed, which they refufed to do, whereby the Rents, IfTues and ' Truftees, or by any other by, to or for his or their Ufe ;' (2) Be it therefore hereby further enacted by the Authority aforefaid. That the faid Samuel Sandys and Edwin Sandys fhall and are hereby entitled to the faid Rents, ifTues and Profits of the faid Shares and Lots, fince the .pasting of the faid recited A<5t, whi.h have not really been paid to the faid Corporation for Taxes, or to the faid Samuel Sand;s the Elder, and Vol. hi. T t the;
 * Profits thereof have not been paid to, nor could be received by the faid Samuel Sandys the Elder, or his