Page:Ruffhead - The Statutes at Large - vol 5.djvu/748

 7io C. 34. Anno fecundo Georgii A. D. 729, Propofal of Sur- render to the King. Exception. Conditions of Surrender. Grants msde by the Proprietors. ' and the Pait, Share, Interefl and Efiate of the faid late Sir William Berkley, of and in the fame PremifTes, h ' now come unto and veiled in the Honourable Henry Bertie of Dorton in the County of Bucks, Efquire, or ' in Mary Danfn of the Parifh of [Saint Andrews Holborn in the County of Middle/ex, Widow, or in Elizabeth ' Moore of London, Widow, fome or one of them; and the faid Henry now Duke of Beaufort, and the faid ' James Bertie and Dodington Greville, as Truftees in Manner aforefaid, fome or one of them, is or are feifed ' in Fee of and in one full undivided eighth Part (the whole into eight equal P. rts to be divided) or the ' PremifTes in and by the faid recited Letters Patents granted and comprized ; and the fame James Bertie, in ' his own Right, is now feifed in Fee, or of fome other Efiate of Inheritance, of and in- one other full undi- ' vided eighth Part; and each of them the faid William Lord Craven, Jofeph Blake, Archibald Hutchefon, as ' Truftees for the faid John Cotton, Sir John Colleton, and the faid Henry Bertie, Mary Danfon, and Elifabeth ' Moore, fome or one of them, is or are reflectively feifed in Fee, or of fome other Efiate of Inheritance, ' of and in one other full undivided eighth Part of and in the faid Provinces, Territories, Iflands, Heredita- ' ments and PremifTes; the remaining eighth Part or Share, of and in the faid Provinces, Territories and Pre- ' y^^Lord Carteret, Baron of Hawnes, his Majefly's Lieutenant General and Genera] Governor of the King- ' dom of Ireland: And whereas by a Judgment or Order of the Houfe of Lords, made the twenty-feventh ' Day of March lafl pafl, upon the Appeal of the faid Mary Danfon, Widow of John Danfon, Efquire, de- ' ceafed, from a Decree of the High Court of Chancery made the feventh Day of November one thoufand ' feven hundred and twenty-three, it was ordered and adjudged, That the faid Decree and fubfequent Order, ' complained of in the faid Appeal, fhould be reverfed ; and it being offered on the Part of the Appellant 5 to pay the Refpondent, the faid Henry Bertie, the Money that he paid for the Purchafe of the Proprietor- 6 fbip in queition in the faid Caufe, together with Interefl for the fame, it was thereby further ordered. That ' the Court of Chancery fhould direct and caufe an inquiry to be made, what was the Principal Sum of fuch 6 Purchafe Money, and from the Time of Payment thereof to compute Interefl for the fame; and on the ' Appellant's Payment of what fhould be found due for fuch Principal Money and Interefr. to the faid Henry 1 Bertie, it was further ordered and adjudged, That he fhould convey the faid Proprietorfhip to her and her s Heirs, and alfo that the Refpondent, Elifabeth Moore, fhould likewife by proper Conveyances, at the 1 Charges of the Appellant, convey all her Right to the (aid Proprietorfhip to the Appellant and her Pleirs :
 * miffes, which formerly belonged to the faid Sir George Carteret, being now veiled in the Right Honourable
 * feven hundred and twenty-one, and from a fubfequent Order of the fifteenth Day of January one thoufand
 * And whereas fince the making the faid feveral recited Letters Patents the Lords Proprietors of the Provinces
 * and Territories aforefaid, for the Time being, have made diverfe Grants and Conveyances under their Com-

' mon Seal of feveral Offices, and alfo of diverfe Parcels of Land fituate within the faid Provinces and Terri-
 * tories, to fevf ral Perfons, under certain Quit Rents or other Rents thereby reflectively referved, and fubjett

' to feveral Conditions, Limitations or Agreements for avoiding or determining the Eflates of the Grantees 1 therein mentioned, fome of which may have become forfeited ; and have alfo made diverfe Grants offeve- 5 ral Baronies and large Trails of Land lying within the faid Provinces or Territories, unto and for the Ufe 1 and Benefit of feveral of the faid Lords Proprietors, or thofe under whom they claim, to be held and en- 5 joyed by them andtheir Pleirs in Severalty; eight of which Baronies fo granted as aforefaid do now remain
 * vefled in the faid Henry now Duke of Beaufort, or in the faid James Bertie and Dodington Grevile, as Tru-
 * flees for the Purpofes aforefaid, or in fome or one of them, eight other of the faid Baronies in the faid
 * William Lord Craven, fix other Baronies in the prefent Sir John Colleton, fix other Baronies in the faid Ar-

' chibald Hutchefon (as Truflee for the faid John Cotton) and fix other Baronies in the faid Jofeph Blake, each ■ of the faid Baronies containing, or being mentioned or intended to contain, twelve thoufand Acres of Land,
 * or thereabouts, except one of the raid Baronies, now vefled in the faid William Lord Craven, which con-
 * tains, or is mentioned to contain, eleven thoufand Acres of Land, or thereabouts : And whereas the faid

Council offered and propofed to furrender to his Majefly their faid refpective Shares and Interefls, not only of and in the faid Government, Royalties and^ranchifes in and by the faid recited Letters Patents granted, but alfo all the Right and Property they have in and to the Soil in the aforefaid Provinces or Territories under the fa.id feveral recited Letters Patents, or either of them ; and alfo did further propoffe to make an intire Surrender to his Majefly, of their Right to all the Lands, which they hold under the faid Grants made by the faid Lords Proprietors as aforefaid (except only one Barony belonging to the prefent Sir John Colleton, which hath been fettled and improved by his Son) and alfo all their Right and Interefl in all Lands granted and conveyed to other Perfons as aforefaid, which, by not being improved within the Time limited in the faid Grants or Conveyances, or for any other Reafon, would revert to them, praying, That in Confideration of fuch Surrender his Majefly would be pleafed to direct and caufe to be paid to eacli of them the faid Henry 13ub.e of Beaufort, William Lord Craven, Ja?nes Bertie, Henry Bertie, Sir John Colic- ton, and Archibald Hutchefon, the Sum of two thoufand five hundred Pounds apiece, without any Deduc- tion : And whereas Samuel Wragg of London, Merchant, being duly authorized by Letterof Attorney under the Hand and Seal of the faid Jofeph Blake, bearing Date the eleventh Day of July one thoufand feven huh • dred and twenty-eight, hath propofed, for and on the Behalf of the faid Jofeph Blake, to furrender and con- vey unto his Majefly, his Heirs and Succeffors, all the Efiate, Right and Interefr of the faid Jofeph Blake in and to the PremifTes, upon Payment of the like Sum of two thoufand five hundred Pounds to the faid Jofeph Blake,- without any Deduction : And whereas they the faid Henry Duke of Beaufort, William Lord Craven, James Bertie,, Henry Bertie, Sir John Colleton, and Archibald Hutchefon, who is a Truflee for the faid John Cotton as aforefaid, have laid before a Committee of the Lords of his Majefty's mofl Honourable Privy Council an Eflimate of all Arrears of Quit Rents and other Rents, and Sum or Sums of Money now 'due and owing to them and the faid Jofeph Blake, and to the faid John Lord Carteret, which Eflimate, as 6 computed,