Page:Ruffhead - The Statutes at Large - vol 6.djvu/380

 318 C. 30. Anno undecimo Georgii II. A. D. 1738. See it Geo. 2. c. 52. Tenants of the To be applied to the Ul'e of Greenwich Hofpital. Method for • Acts and Services, and pay fuch Fines and Sums of Money on the Death of his prefent Majefty ' (whom God long preferve for the Benefit of his People) or on the Death of any future King or ' Queen of this Realm, as by the Nature and Tenure of their Eftates, founded upon immemorial ' Ufage and Cuftom, or otherwife, they ought to have done and performed and paid on the Death of ' any Lord thereof, in cafe fuch Lord was a Subject;' Be it therefore enacted by the King's moft Ex- cellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- „ mons, in this prefent Parliament affembled, and by the Authority of the fame, That upon the Death of faid Eftates to his prefent Majefty, and alio upon the Death of every fuccellive King and Queen of this Realm, all fuch F^ne^l-c^^on^ a Services (hall be done and performed, and all fuch Fines and Sums of Money (hall be paid by the Veaih oT 011 the refpective Tenants of the faid Eftates to every Succeffor of his Majefty, or, in cafe any of the faid the King or his Eftates fhall be fold, to fuch other Perfons who fhall be the Owner thereof, as by the ancient Tenure Succeflbrs, as if thereof, or by any Contract, Law, Ufage or Cuftom ought to be done, performed and paid by them, in vale Perfons?" cafe fuch King or Queen fo dying was confidered as a private Perfon only, and not in his or her Politick Capacity; and for Default of Performance of fuch Acts and Services, which ought fo to be done and performed, and for Default of Payment of any fuch Fines and Sums of Money, which ought fo to be paid, fuch Forfeitures and Penalties (hall accrue and become due, and it fliall be lawful for his Majefty, his Heirs and Succeflbrs, and for all and every Perfon and Perfons by him or them appointed, or who (hall be then Owner of the faid Eftates, or any of them, to ufe and take all fuch Ways and Means for recovering and taking Advantage of the faid Forfeitures and Penalties, as might be lawfully ufed or taken by any Lord of the faid Eftates, in cafe fuch King or Queen fo dying was confidered as a private Perfon only, and not in his or her Politick Capacity; any Law, Ufage or Cuftom to the contrary notwith- ftanding : All which faid Fines, Sums of Money, Penalties and Forfeitures, which (hall accrue and be- come due to his Majefty, his Heirs and Succeflbrs, during his and their Intereft therein, fliall be applied to and for the Ufe and Benefit of the Royal Hofpital for Seamen at Greenwich. ' which if fold might raife a confiderable Part of the Money with which the faid Eftates are now incum- ' what Method ought to be taken for the Sale of the Timber on the faid Eftates;' Be it therefore enact- ed by the Authority aforefaid, That it fhall and may be lawful to and for the Attorney General of his felling the Tim- Majefty, his Heirs and Succeflbrs, by his or their Direction to apply to his Majefty's Court of Ex- berot the faid chequer at JVefiminfter by Motion in a fummary Way for the Sale of all or of fuch Part or Parts of the Timber on the faid Eftates, or any of them, while the fame fhall remain unfold, from time to time and at all Times as fhall be thought fit; upon which Motion it fhall and may be lawful to and for the faid Court of Exchequer to make fuch Order or Orders, and give fuch Directions for the Sale or Sales of fuch Timber, and other Orders and Directions therein, as the faid Court (hall think proper; Money thence and the Money arifing by fuch Sale or Sales fhall be applied by the Direction of the faid Court to the arifing how to Difcharge of the faid Incumbrances, and in the mean time be paid by the Purchafers into the Court of Exchequer, or to the Treafurer of the faid Hofpital for the time being, or be placed out in fuch Go- vernment or other Securities, and in the Names of fuch Perfons, as the faid Court fhall direct; and in cafe there (hall happen to be any Surplus of the faid Money, the fame (hall be applied in the firft Place for and towards the fmifhing and compleating the Building of the faid Royal Hofpital; and after the Building of the fame Royal Hofpital fhall be compleated and finifhed, for and towards the Support Hg7o'.% r'.v". °f the fe^ Royal Hofpital, for the better Maintenance of the Seamen of the faid Royal Hofpital, worn 20 Ga. 2. c. 3S. out and become decrepit in the Service of their Country; and after the faid Incumbrances (hall be to- Geo. 2. c. 52. tally difcharged, then all the Produce of or Money arifing by the Sale or Sales of any Timber on the faid Eftates (hall be from time to time and at all Times wholly appropriated and applied to the Ufe of the faid Hofpital. III. Provided always, and it is hereby enacted and declared, That it fhall and may be lawful to and for his Majefty, his Heirs and Succeflbrs, by Sign Manual, to authorize the Commiilioners and Go- vernors of the faid Hofpital for the time being, or any feven or more of them, according to their Dif- cretions to direct the cutting down from time to time fuch Timber from off the faid Eftates, to be ufed in the repairing any Houfes, Tenements, Buildings or Erections on the laid Eftates; and alfo in the building any new Houfes, Tenements, Buildings or Erections on the faid Eftates, as they (hall judge neceflary for any Tenants of the faid Eftates, and to be for the Benefit or Improvement thereof. ' IV. And whereas;n and by the faid laft mentioned Act there is a Power lodged in the faid Court of ' Exchequer, upon Application as thereby directed, to make fuch Orders, and give fuch Directions, as ' the faid Court fliall think proper, for the Sale or Sales of the abfolute Fee Simple and Inheritance '* of fuch Part or Parts of the faid Premifles fo forfeited and vefted in his Majefty as aforefaid, and ■' charged with the refpective Mortgages and Incumbrances in the faid Act mentioned, as (hould be -* fufficient to difcharge the fame; except .an Annuity of one hundred Pounds a Year in the faid Act ' mentioned: And whereas the reft of the faid Premifles fo forfeited and vefted in his Majefty, or fome ' of them, which are not charged with the faid Mortgages and Incumbrances, may by reafon of their ' lying intermixed and in common with the Eftates of other Perfons or otherwife, be more convenient ' to be fold for the Purpofe aforefaid, than fuch of the faid Premifles which are fo charged, or fome of. ' them .-;' Be it therefore enacted by the Authority aforefaid, That for or towards the Difcharge of the faid Mortgages and Incumbrances (except the laid Annuity of one hundred Pounds a Year J and not charged hy Sale Otherwife, it (hall and may be lawful to and for the Attorney General of his Majefty, his Heirs and PrcrmuCs th ° Succeflbrs, by his .and their Direction, to apply to his Majefty's faid Court of Exchequer by Motion in 8 a fummary Concerning Sea- men fee farther 13 Geo. z. c. 3 & 17. 14 Geo. 2. 24 Geo. s. c. 47. 31 Geo. z. c. 10. 2 Geo. 3. e. 31. His Majefty to order the cut- ting down of fuch Timber. Incumbrances may be dif-
 * II. And whereas there are growing or ftanding on the faid Eftates large Quantities of Timber,
 * bred, and be otherwife a Benefit to the faid Hofpital : And whereas fome Doubt hath been railed