Page:Ruffhead - The Statutes at Large - vol 5.djvu/751

 .3 A. D. 1729. Anno fecundo Georgii II. C.-34. 71 whole into eight eqifal Parts to be divided) and all other Parrs and Share of the (aid Arrears hereby veiled in them the faid Edward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton. c IV. And whereas the faid Henry Duke of Beaufort, William Loi ! C ■ • n, 'James Berth, Henry Bertie, 1 :I,e v Dan/on, Dodington Greville, Sir John Colleton, John Cotton and Jofcph Blake, arc demons that riu faid ' Sum of five thoufand 1'ounds fliould be applied in Manner herein alter mentioned :' li.- it further enacted by the Authority aforcfaid, That the faid Sum of five thoufand Pou id ftci Receipt thereof, (hall be iflfued and paid by the faid Edward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, the Survivor;; and Sur- 'i vivor of them, or the Executors or Adminiftratois of fuch Survivor, to Inch of the Officers, Agc-nis or Ser- bow.tobc • vants of the faid Lords Proprietors, or to fuch other Perfon or Perfons, and for fuch i'u the faid P 6 * 5, Henry Duke of Beaufort, William Lord Craven, "James Bertie, Henry Bertie, Mary Danfon, Sir John Colle- ton, John Cotton and Jofcph Blake, their Executors or Administrators, or any four or more of them (the Exe- cutors or Adminiitrators of each of them to be accounted only as one) (hall, by Writing or Writings under their Hands, from Time to Time, direct or appoint. V. And be it further enacled by the Authority aforcfaid, That from and after Payment of the faid Sum ;, Qr pa«m<ne of five thoufand Pounds unto the faid Edward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, the i Survivors or Survivor of them, or the Executors or Adminiftrators of fuch Survivor, and after the Execu- v p f J in '''•*• tion of the Grant and Alignment of the faid Parts and Shares of the faid Arrears, hereby directed to be '""•' ';• made as aforefaid, his Majefty, his Heirs and Succeffors, fhall and may have, receive and enjoy, the faid (even eighth Parts or Shares (the whole into eight equal Parts to be divided) and all and every other Parts and Shares of the faid Arrears of Quit Rents and other Rents, Sum and Sums of Money, Debts, Duties, Accounts, Reckonings, Claims and Demands, hereby veiled in the faid Edivard Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, and fhall and may have, ufe and purfue fuch and the like Remedies for Recovery thereof, as fully and effectually as the faid Henry Duke of Beaufort, William Lord Craven, James Bertie, Henry Bertie, Mary Danfon, Dodington Greville, Sir John Colleton, Archibald Hutchefon, John Cotton and Jofepb Blake, any or either of them might have had, uied or purfued if this Act had not been made. VI. And be it further enacted by the Authority aforefaid, That the Receipt or Receipts of the faid Edward The Rccijits of Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, the Survivors or Survivor of them, or of the Exe- the Proprietors cutors or Adminiitrators of fuch Survivor, under their or his Hand or Hands refpectively, fhall be a fufii- i»Trufta fuffi- cient Difcharge to his Majefty, his Heirs and SucceiTors, of and for the faid feveral Sums of feventeen cle ?' I ^f! >a ft rse thoufand five hundred Pounds, and five thoufand Pounds, or fo much thereof, or of either of them, as fuch t0 Receipt or Receipts fhall be given for ; and that his Majefty, his Heirs and Succeffors, upon and after fuch Receipt or Receipts given as aforefaid, fhall beabfolutely acquitted and difcharged of and from the fame Mo- nies, and fhall not be anfwerable or accountable for any Lofs, Nonapplication or Mifapplication of the faid Money, or any Part thereof. VII. Provided always, and it is hereby declared and enacted by the Authority aforefaid, That the Re- 3n & f theDuko ceipt or Receipts of the faid James Bertie or Dodington Greville, or the Survivor of them, his Executors or of Beaufort's Adminiftrators, under his or their Hand or Hands refpectively, fhall be a fufficient Difcharge to the faid Ed- Truftees, ward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, their Executors or Adminiftrators, for the faid Sum of two thoufand five hundred Pounds, payable to them for the faid eighth Part or Share of the faid Provinces, Territories, Royalties, Lands and Hereditaments, which was veiled in them by the faid Henry late Duke of Beaufort ; and the faid Sum of two thoufand five hundred Pounds fhall be and remain fubject to the Trufts repofed in them by the Will of the fame late Duke or otherwife, concerning the fame eighth Part or Share ; but the faid Edward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, their Heirs, •Executors or Adminiftrators, fhall not be anfwerable or accountable for any Lofs or Mifapplication thereof, ■or of any Part thereof. VIII. Provided alfo, and it is hereby declared and enacted, That the faid Edivard Bertie, Samuel Horfey, One Tru (lee not Henry Smith and Alexius Clayton, fhall not, nor fhall any of them, or the Executors or Adminiftrators of any accountable for of them, be anfwerable or accountable for any Money to be received by. virtue cf or under the Trufts hereby anothci's Re- •repofed in them, any otherwife than each Perfon, his Executors or Adminiftrators, for fuch Sum or Sums CCI ? tSl of Money, as he or they fhalll refpectively actually receive, and none of them (hall be anfwerable or account- able for the Acts, Receipts, Neglects or Defaults, of the other of them ; and alfo that they the faid Edward Bertie, Samuel Horfey, Henry Smith and Alexius Clayton, their Executors or Adminiftrators, fhall and may out of the Money hereby directed to be paid to them as aforefaid, retain and reimburfe themftlves for all Cofts, Charges, Damages and Expences, that they refpectively fhall fuftain or be put unto, in and about the Execution of the Trufts hereby in them repofed. ' IX. And whereas there is due and owing to the King's moft Excellent Majefty, for Arrears of R.ent re- ' ferved by the faid feveral recited Letters Patent, or one of them, feveral Sums of Money, computed to ' amount to three hundred Pounds and upwards ;' Now it is hereby further enacted and declared by the Au- thority aforefaid, That .the faid Henry Duke of Beaufort, William Lord Craven, fames Bertie, Dodington F ormer p ro • Greville, Henry Bertie, Mary Danfon, Elifabeth Moor, the prefent Sir John Colleton, Archibald Hutchefon, tors, on Pa ■-" John Cotton and Jofcph Blake, and every of them, their and every of their Heirs, Executors and Admini- ment of the ftrators refpectively, from and immediately after the faid twenty-ninth Day of September one thoufand feven s ' Jm . 3 agreed on, hundred and twenty-nine (in cafe the faid Sums of feventeen thoufand five hundred Pounds, and five thou- a ^" ,tttd from fand Pounds, fhall then be paid and fatisfied, and the Sale hereby intended fhall be then completed) fhall be, a rrears " and are hereby fully and abfolutely acquitted and difcharged of and from all Arrears of Rent whatfoever due or owing upon or by virtue of the faid recked Letters Patent or either of them. X. Provided always, and it is hereby further enacted and declared by the Authority aforefaid, That if Tim- limited f his Majefty, his Heirs or Succeffors, do not or fhall not, en or before the faid twenty-ninth Day of Sep- the Surrender. tembs" one thoufand feven hundred arid twenty-nine, well and truly pay, or caufe to be paid, both the faid Vol. V. 4 y feveral