Page:Ruffhead - The Statutes at Large - vol 3.djvu/375

 A. D. 1670.- Anno vlcefimo fecundo Caroli II. C. 6. 327 any of them (except before excepted) and for veiling the fame in fuch Perfons and their Heirs, as (hall be therJn nominated as Truftees for the Sale thereof, againft his Majefty, his Heirs and SuccefTors, and agaiiifi: the Dukes of Ciirwiw// for the Time being, and againft all Perfon and Perfons that (hall have or inherit or enjoy the Dukedom of Cormvall by Force of any Act of Parliament, or other Limitation what- foever, according to the Tenor andEffe£l of the faid Letters Patents ; (2) and the fame (hall be expounded, conftrued, deemed and adjudged moll beneficially for the Patentees and Grantees of the fame, and theii' Heirs, Succeflors, Executors, Adminiftrators and Affigns, according to the Words and Purport of the faid Letters Patents, without any Confirmation, Licence, or Toleration of his Majefty, his Heirs or Succeflors ; any Mif-naming, Mif-recital, or Non-recital of any the Honours, A'lanors, Caftles, Lands, Tenements or Lands, Tenements or Hereditaments charged or chargeable with the faid Rents do lie, or any lack of the true naming of the Corporation, or any lack of Attornment, or any Mif-naming, or not naming of any of the Tenants or Farmers of the Lands charged or chargeable with fuch Rents or any Part thereof, to the con- trary notwithiranding ; V. And notwithttanding any other DefeiSt or Impcrfeftion which fliall happen therein, of v/hat Nature or Kind foevcr it ihall be: (2) And the faid Rents fo to be granted, (hall be afterwards conveyed and difpofed by the faid Patentees and Truftees, according to the Diredtions and Inftrudions herein after mentioned. VL And be it further enafted by the Authority aforefaid, That the faid Patentees and Truftees, and the The Patentees Survivor and Survivors of them, ihail rnake and execute to all and every Perfon and Perfons, Bodies Po- anJ Truftees litick and Corporate, their Heirs, Succeflors and Affigns, who (hall become Purchafer or Ptirchafers of the mayfc-ll ihe faid Rents, or oi any Part thereof, an Indenture or Indentures of Bargain and Sale which fhall be inrolled '''»'^= '"-^n" 'o in any of the four Courts at IFeJiminJier, within fix Months after the Date thereof, and fliall contain a by'inden'tu^e'^of Conveyance and Allurance of the Rents fo purchafed, and transfer the fam.e by "Words of Bargain and Sale, Earg.fin and or by Words of Grant, Releafe or Confirmation, or by fuch other apt Words and Claufes as by the faid Sjle inrolled. Purchafer or Purchafers, their Heirs, Succeffors or AfTigns, fhall be reafonably dan-ifed or required, and (hall ^^'^ ""• be thought moft fuitable and convenient to and for the_ feveral Cafes and Titles of fuch Purchafer or Pur- r^^rbed in'^D^eds chafers refpeclively ; (z) and fuch Conveyance or A^flurance (hall alfo recite the Confideration in Money 3"^ piej"din!j/ paid or given, and thereof and of every Part and Parcel thereof (hull exonerate, accjuit and difcharge the 10 Ann. c. iS. laid Purchafer or Purchafers, his and their Heirs, Succeflors, Executors and Affigns. §. n. VII. And be it further declared and enafted by the Authority aforefaid. That all and every Perfon and Perfons, Bodies Politick and Corporate, his and their Heirs, SuccefTors and Affigns, having and taking Purchafers by any fuch Conveyance and AfTurance as aforefaid, and c.iufing the fame to be inrolled as aforefaid within Virtue of fucFi the Space of fix Months next after the Date thereof, (liall be and is hereby adjudged in aftual Seifin and ""^'•.P'^^"'^!'^^' Poffeffion of the Rents fo purchafed and conveyed ; (2) and (liall hold and enjoy the fame in perfed: Peace, 'n^pi"-" ^S""* freed and difcharged of and from all Claims and Demands v/hich can or may be made by his Majeffy, his " Heirs or SuccefTors, either in Right of his Crown, or any the Duchies aforefaid, or otherwife howfoever, or by any Dukes of^ Cornwall ior the Time being, or by any Perfon or Perfons that fliall have, inhent or enjoy the Dukedom of Cornvjall., by Force of any A6f of Parliament, or other Limitation whatfoever, and alfo freed and difcharged of and from any Breach of Truft which can or may be pretended to be com- mitted by the faid Truftees, in not ftriftly purfuing the Powers given by this Aft, or the Inftruftions herein after mentioned, or any other Inftruftions whatfoever, or the Orders to them direfted at the Time of the making and executing fuch Conveyance ; and (hall alfo hold and enjoy all and every the Rents fo purchafed, as fully, freely and amply, as his Majefty at the Time of the paffing of this hSi did or might have held or enjoyed the fame. Vill. And be it further enacted. That all and every Perfon and Perfons, Bodies Politick and Corporate, f^^^ ^^^^^ f^,,. ■who fliall purchafe any of the (!-• id Rents, and their and every of their Heirs, Succeflors and Affigns re- and recover the (peftively, (hall be and are hereby enabled to have, fue for and recover the fame, by fuch and the like fame as his Ma- lawful Ways and Means, as his M.ijefty or any of his Royal Progenitors could or might have recovered theJ^^v might have fame, be it by diftraining in all or any of the Lands of the 1 enant or Tenants for the Time being, that ^^^^' (hall hold any Lands charged with the faid Rent, or by having Power to detain or fell all fuch Diiireffes, after the Space of fifteen Days after fuch Diftrefs taken, in Cafe the faid Rent (hall not be then or before paid, returning the Overplus of what (hall be fo fold, to the Party diftrained ; or by having the full Benefit and Advantage of all Sums of Money referved nojnhie Poena, or as a Penalty for Non-payment of the faid Rent, or by ufing the like A£lion or Suit as his Majefty might have ufed for the Recovery of the fame be- fore fuch Patent granted, fo as the fame extend not to any fuch Procefs of Extent, or other Prerogative Procefs out of the Court of Exchequer, as his Majefty might have had before fuch Patent granted. (2) ■' And forafmuch as upon divers Commiffions of defeftive Titles, Inquifitions, or Suggeftions of Conceal-, ' ments, divers Patents have formerly paffed the Great Seal of England, or under the Seal of the Duchy ' of Lancafter, or under the Seal of the County Palatine of Lancajler, of divers Manois, Lands, Tene- ' fometimes put in Charge, where in Truth nothing hath palled by the fuid Letters Patents, nor have the ' Manors, Lands and Tenements, Libei ties or Hereditaments mentioned to have been granted, been en- IX. Be it therefore enacSled, That fuch Fee-farm Rents, or other Rents, v/hich have not been ufu ally Fee-Farm snrt paid by the Owners or Occupiers of the Manors, Lands or Tenements charged, or mentioned to be charged, oihor Rents not. therewith by the greater Space of forty Years now laft pafl-, (hall net be inferted or mentioned in any fuch paid for 40 Years 3 Letters
 * ments and Hereditaments, whereupon divers Fee-farm Rents, or ether Rents have been referveel, and
 * joyed or held under the faid Letters Patents, but under other Titles, or by Virtue of other Letters Pa-
 * tents whereupon other Rents are referved :'.