Page:Ruffhead - The Statutes at Large - vol 6.djvu/230

 i68 C. 2i. Anno feptinio Georgii II. A. D. 1734. «*o Suit being then depending to foreclofe fuch Mortgage. The Mortga- gor's tendering the Principal, Intereft, and Cods in Court fhall be deemed a full Satisfac- tion, and the Court may compel the Mortgagee to furrender the Premiffes. On Bills to foreclofe, the Court, on Defendant's Re- queft, may pro- ceed to a De- cree, before a regular Hear- ing, and all Parties fhall be bound thereby, as if the Caufe had been regularly heard. This Aft not to extend to Cafes where the Right of Re- demption is controverted, or the Money due not adjuft- ed, or to prejudice any fubfequent Mortgage, 5 Fd. 1. e. 9. J 3 Ed. 1. H. 2. c. 1, 2, 4'£f 6. 2S Ed. 1. c. 17. 5 £</. 3. r. 14. ' 7 R. 2. c. 6. 17 El. c. 13. 39 El. c. 25. HW.&M. e.%. 4 Geo. i.e. II. 6 Geo. 1. c. S3. After 1 May' 1734, Perfons convicted of af- faulfing others with offenfive Weapons, and a Detign to rob, fhall be tranf- ported for 7 Vun, Hereditaments, and no Suit fhall be then depending in any of his Majefty's Courts of Equity, in that Part of Great Britain called England, for or touching the foreclofing or redeeming of fuch mortgaged Lands, Tenements or Hereditaments ; if the Perfon or Perfons having Right to redeem fuch mortgaged Lands, Tenements or Hereditaments, and who fhall appear and become Defendant or Defendants in fuch Action, fhall at any Time, pending fuch Action, pay unto fuch Mortgagee or Mortgagees, or, in cafe of his, her or their Refufal, fhall bring into Court, where fuch Action fhall be depending, all the. Principal Monies and Intereft due on fuch Mortgage, and alfo all fuch Cofts as have been expended in any Suit or Suits at Law or in Equity upon fuch Mortgage (fuch Money for Principal, Intereft, and Cofts to be afcertained and computed by the Court where luch Action is or fhall be depending, or by the proper Officer by fuch Court to be appointed for that Purpofe) the Monies fo paid to fuch Mort- gagee or Mortgagees, or brought into fuch Court, fhall be deemed and taken to be in full Satisfaction and Difcharge of fuch Mortgage, and the Court (hall and may difcharge every fuch Mortgagor, or De- fendant, of and from the fame accordingly ; and fhall and may, by Rule or Rules of the fame Court, compel fuch Mortgagee or Mortgagees, at the Cofts and Charges of fuch Mortgagor or Mortgagors, to aflign, furrender, or re-convey fuch mortgaged Lands, Tenements, and Hereditaments, and luch Eftate and Intereft, as fuch Mortgagee or Mortgagees have or hath therein, and deliver up all Deeds, Evi- dences, and Writings, in his, her or their Cuftody, relating to the Title of fuch mortgaged Lands, Tenements, and Hereditaments, unto fuch Mortgagor or Mortgagors, who fhall have paid or brought fuch Monies into the Court, his, her or their Heirs, Executors, or Adminiftrators, or to fuch other Perfon or Perfons, as he, fhe or they, fhall for that Purpofe nominate or appoint. II. And be it further enacted by the Authority aforefaid^ That from and after the faid firft Day of Eqfter Term, one thoufand feven hundred and thirty-four, where any Bill or Bills, Suit or Suits, fhall be filed, commenced or brought in any of His Majefty's Courts of Equity, in that Part of Great Bri- tain called England, by any Perfon or Perfons having or claiming any Eftate, Right, or Intereft, in any Lands, Tenements or Hereditaments, under or by virtue of any Mortgage or Mortgages thereof, to compel the Defendant or Defendants in fuch Suit or Suits (having or claiming a Right to redeem the fame) to pay the Plaintiff or Plaintiffs in fuch Suit or .Suits, the Principal Money and Intereft due on any fuch Mortgage, or the Principal Money and Intereft due on fuch Mortgage, together with any Sum or Sums of Money due on any Incumbrance or Specialty, charged or chargeable on the Equity of Redemption thereof, and in Default of Payment thereof, to foreclofe fuch Defendant or Defend- ants of his, her or their Right or Equity of redeeming fuch mortgaged Lands, Tenements, or Heredi- taments ; fuch Court and Courts of Equity, where fuch Suit or Suits fhall be depending, upon Appli- cation made to fuch Court by the Defendant or Defendants in fuch Suit, having a Right to redeem fuch mortgaged Lands, Tenements or Hereditaments, and upon his or their admitting the Right and Title of the Plaintiff or Plaintiffs in fuch Suit, may and fnall at any Time or Times, before fuch Suit or Caufe fhall be brought to Hearing, make fuch Order or Decree therein, as fuch Court or Courts might or could have made therein, in cafe fuch Suit or Caufe had then been regularly brought to Hear- ing before fuch Court or Courts ; and all Parties to fuch Suit or Suits fhall be bound by fuch Order or Decree fo made, to all Intents and Purpofes, as if fuch Order or Decree had been made by fuch Court, at or fubfequent to the Hearing of fuch Caufe or Suit; any Ufage to the contrary thereof in any wife notwithftanding. III. Provided always, That this Ait, or 2ny Thing herein contained, fhall not extend to any Cafe where the Perfon or Perfons, againft whom the Redemption is or fhall be prayed, fhall (by Writing un- der his, her or their Hands, or the Hand of his, her or their Attorney, Agent or Solicitor, to be deli- vered before the Money fhall be brought into fuch Court at Law, to the Attorney or Solicitor for the other Side) infill, either that the Party praying a Redemption has not a Right to redeem, or that die Premifles are' chargeable with other or different principal Sums, than what appear on the Pace of the Mortgage, or fhall be admitted on the other Side ; nor to any Cafe where the Right of Redemption to the mortgaged Lands and Premiffes in Queftron in any Caufe or Suit (hall be controverted or queftioned by or between different Defendants in the fame Caufe or Suit ; nor fhall be any Prejudice to any fubfe- quent Mortgagee or Mortgagees, or fubfequent Incumbrancer ; any Thing in this Act contained to the contrary thereof in any wife notwithftanding. CAP. XXI. An Act for the more effectual Punifhment of "Affaults with Intent to commit Robbery. HERE A S many of his Majefty's Subjects have of late frequently been put in great Fear and Danger of their Lives, by wicked and ill difpofed Perfons affaulting and attempting to rob ' them : And whereas the Puniihment of fuch Offenders is not adequate to the Heinoufnels of the ' Crime, nor fufficient to deter wicked Perfons from fuch Attempts;' To the end therefore that all Per- fons may be deterred from committing fuch Offences, and for the greater Puniihment of fuch Offend- ers, and for the more effectual preventing of the like Mifchiefs for the future ; Be it enacted by the King's moft Excellent Majeity, by and with the Advice and Confmt of the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That if any Perfon or Perfons from and after the firft Day of May in the Year of our Lord one thoufand feven hundred and thirty-four, fhall, with any offenfive Weapon or Inftrument, unlawfully and malicioully afTault, or fhall by Menaces, or in or by any forcible or vio'ent Manner, demand any Money, Goods or Chatties, of or from any other Perfon or Perfons with a felonious Intent to rob or commit Robbery upon fuch Perfon or Perfons, that then, and in every fuch Cafe, all and every fuch Perfon and 4 Perfon*