Page:Ruffhead - The Statutes at Large - vol 3.djvu/376

 iiS G. 6, Anno vicefimo fecundo Caroli II. A. D. 1670. lift raft, not to Letters Patents to be hereafter granted to Truftees, as aforefaid : And further, That where any Perfon or he infertedinihi-pei-fons, Bodies Politick or Corporate, have held any Manors, Lands, Tenements or Hereditaments fub- 3'atfnts. jp^ jQ |.[-ig Pa^ymcnt of any Fee-tarm Rent, or other Rent which hath been ufually paid or anfwered by the Owners or Occupiers of i'uch Lands fo charged; and that by Colour or Pretence of fome Patent of Con- cealment, or by Pretence of Commiffions for defeclive Titles paffed of the fame Lands, fome other or greater Rent hath been referved or put in Charge, but the fame hath not been ufually anfwered or paid by the Owners or Occupiers of the faid Lands by the greater Space of forty Years before mentioned ; that then and in fuch Cafe the Tenant of the Lands fhall hold the fame difcharged of the faid Rent fo referved by Virtue of the faid Patent of Concealment, or by Commiflion of defective Titles, and alfo difcharged of all Seizures and DiflrefTes for the fame, until the fame fhall have been recovered by due Courfe and Pro- tcttcrs Patents ceedings of Law. (z) And if any Letters Patents of any Manors, Lands, Tenements or Hereditaments, 1 ■of KUnrrs, have been heretofore granted, -whereupon any Fee-farm Rents, or other Rents have been referved, which Lands, &c. here- at any Time after the pafTing of this Aft, fhall be fold to any Purchafer or Purchafers, if fuch Letters Pa- ' tctore granted, (gnts whereupon fuch Rents fo fold have been rcfer/ed, fhall at any Time hereafter be adnuUed, defeated,! repealed, cancelled, avoided or otherwife determined, whereby the Lands fhall return to his Majrfly, his Heirs or Succefiors ; then and in every fuch Cafe, all and every the Purchafer and Purchafers of fuch Rents, their Heirs, Succefiors and Affigns, fhall have and receive out of the fame Lands, T^enemcnts and Here- ditaments, the like Rent, and for the like Eftate therein, with that which was by them fo purchafed, and ] fhall enjoy fuch like Rent during fuch Eflate againfl: his Majefty, his Heirs and Succe{i"')rs, and againft all Perfons, Bodies Politick and Corporate, claiming by, from or under his Majefty, his Fleirs and Succeffors, by any Grant or Conveyance made or granted by his Majefty, his Heirs or Succefiors, fubfequent to fuch Purchafe made ; and fhall have like Remedy for Recovery thereof, (any fuch Adnulling, Defeating, Repeal, Cancelling, Avoidance or other Determination of fuch Letters Patents to the contrary notwithftanding.) I (3) And whereas by certain Covenants or Agreements on the King's Part contained in the original Refer- I vacibn of fome of the faid Fee-Farm Rerits or by the true Intent thereof, or by fome Decrees in the Court Fro-Farmers be- of Augmentation, or Exchequer, made before the three and twentieth Day of O^oher in the Year of our fnrethe nd of Lord one thoufand fix hundied f^rty and two, or fince the nine and twentieth Day of May in the Year of, Ofiob. 1642. our Lord one thoufand fix hundred and fixty, divers Fee-Farmers were to be difcharged, and Allowances to a.d fincf the j-,^ made of divers Penfions* Portions, Rents Refolute or other Things of the like Nature, and the Charge jb6 their^'DT thereof hath been fmce allowed by hisMajefty out of the faid Fee-Farm Rents, upon the Accounts of charges con- Bailiffs, Mi Uilers and Receivers ; it is hereby provided and declared, That this Aft, or any Thing herein Anned. contained, fhall not be conftrued to annul or void any fuch Covenants or Decrees, but that the fame fliall ' be allowed againft the faid Purchafer or Purchafers, as it fhould have been againil his Majefty, his Heirs and Succeffors, if the Letters Patents or Grants of fuch Fee-Farm Rents hereby intended to be confirmed, had not been made ; (4) Saving unto the Queen's Majefty, and to all and every other Perfon and Perfons, Bo- dies Politick and Corporate, their Heirs and Succeffors, and every of them (other than the King's Majefty, his Heirs and Succefiors, and other than the Dukes of Cornwall for the Time being, and other than fuch Perfon as fnall have, inherit or enjoy the faid Dukedom of Cormuall., by Force of any Aft of Parliament or other Limitation whatloever) all fuch Right, Title and Literefl, Poffeffion, Leafes or Eftates, as they or any of them had, or fhould or might have, or of Right ought to have had, in or to the faid R-. nts or any of them, or any of the Lands charged or chargeable with them or any of them, as fully and amply as they fhould or might have had before the Letters Patents thereof made, as if this Aft had never been had or made ; any Tning herein before contained to the contrary notwithftanding. Corpor-itiors X. And be it further enafted. That it fhall and may be lawful to and for any Bodies Politick or Cor- may b'jy and en- ^^^iXz, to purchafe any the Fee -Farm Rents or other Rents fo to be conveyed as aforefaid, and the fame jovM le vents Refjts fo purchafcd to retain and keep to them and their Succeffors; any Statutes of Aiortma'in to the con- notwirlutanding • i n t the Statute of ttary notwitnftandmg. Mortmain. XI. Provided idways. That neither this Aft, nor any Thing therein contained, fliall extend or be con- flrued to extend to the Sale of any the Fee-Farm E.ents, Tenths, Chantry-R nts. Rents- Seek, or any dry or other Rents whatfoever, due or payable to his Majeftv or the Prince of Wales for the Time being, p.incipjUty of iffuiiig or an'fing within the Principality and Dominion of JVales ; this Aft or any Thing therein contained "Wales. to the contrary in any wife notwithftanding. ' XII. Inflruftions enafted to be obferved In the Sale of Fee-Farm Rents ; yet fo as the Breach or Non- ' purfuance of thefe Inflruftions, fhall not invalidate or weaken the Title of any Purchafer.' Contrafts to be j. A LL Contrafts touching the Sale of any Fee-Farm Rents or other Rents before mentioned, fhall he fitn»-d by (he y~^ figned by the Lord Treafurer, or Lords Commifnoners of the Treafury for the Time being or any Lord Trealurcr, ^ r ^u i =• ' two of them. 2. The Truftees- fliall convey to fjch Perfons, as by Order from the Lord Treafurer, or Lords Com- iniiiioners of the Treaftr.y, or any tv/o of them, they fliall be direftcd. Pyrchafe-Mo- 3. Every Contraft-er fliall at or before the Time of the Sealing of his Conveyance, pay down one Moi- ney how to be ety at leaft of his Purchafe-Money into the Exchequer, and fliall alfo before he fhall receive his Deed of P^"'" Conveyance, give Security, fuch as the Lord Treafurer or Lords Commiffioners of the Treafury fhall ap- prove, for the Payment of the fecond Moiety at the Time appointed. Allowance. 4. Such Contrafters as will pay down their whole Purchafe -Money, fhall receive fuch Allowance for their prefent Payment of their fecond Moiety, as fhall be thought fit, fo as the fame exceed not the Rate of ten per Cent. Tenants to be 5. The immediate Tenant liable to the Payment of any Rent, fliall be preferred in the Purchafe of it »r Lords Commif- fioners