Page:Ruffhead - The Statutes at Large - vol 6.djvu/381

 A. D. 1738. Anno undecimo Georgii II. C. 30. 319 a fummary Way for the Sale or Sales to any Perfon or Perfons, being Proteflants, of the I'ce Simple and Inheritance of any of the faid Premiffes lo forfeited, and verted in his Majefty as aforefaid, or any Part or Parts thereof, which are not charged with the faid Mortgages and Incumbrances, as lhall be thought moft convenient to be fold and diipoied of; upon which Motion it (hall and may be lawful to and tor the faid Court to make fuch Order or Orders for enquiring into the Conveniency of the Sale of the fame, and upon Report thereof, to make fuch Order or Orders, and give fuch Directions for fuch Sale or Sales thereof, as the faid Court lhall judge proper, and for caufing publick Notice to be given of fuch Sale or Sales, as is ufual in Cafes of Eftates directed to be fold by Decrees in Courts of Equity ; and to make and give fuch other Orders and Directions therein, as to that Court in their Dilcretion (hall feem juft ; and the Money arifing by fuch Sale or Sales (hall be applied by the Direction of the faid Court for or towards the Difcharge of the faid Incumbrances, or fome of them, and in the mean time be paid by the Purchafers into the Court of Exchequer, or to the Treafurer of the faid Hof- pital for the time being, or be placed out in fuch Government or other Securities, and in the Names of fuch Perfons, as the faid Court (hall direct ; and in cafe there (hall happen to be any Surplus of the faid Purchafe Money, the fame lhall be applied for the Benefit of the faid Hofpital ; and upon Pay- Purchafcrs to ' ment and Application of fuch Purchafe Money as aforefaid, one or more Grant or Grants, AlTurance J^y* Granu or Afiurances, of fuch Parts and Parcels of the faid Eftates and Premiffes as (hall be fo fold and paid for as aforefaid, (hall be made and paffed under the Great Seal- of Great Britain to every fuch Purchafer or Purchafers, his, her or their Heirs and Affigns ; and all and every Perfon and Perfons making any fuch Purchafe, and having any fuch Grant or Grants, AlTurance or Afiurances as aforefaid, (hall from the Time of making fuch Grant or Grants, Affurance or Afiurances, be, and are hereby adjudged to be, feifed of and intitled to the abfolute Fee Simple,, and in the actual Poffeffion of fuch Part and Parts of the (aid Premifles as (hall be fo purchafed and conveyed. ' V. And whereas in and by the faid lad mentioned Act of Parliament it is enacted, That it (hall ' and may be lawful for his Majefty, his Heirs and Succeffors, to authorize and impower the Com- 4 miffioners and Governors of the faid Royal Hofpital for the time being, to grant Leafes of the Pre- f miffes or any Part or Parts thereof, during fuch Term of Years, and upon the Conditions of the faid ' Act mentioned ; and amongft other Things it is thereby ordered, that no Claufe be contained in any ' from Punifhment for committing the fame : And whereas within and under feveral of the faid Lands ' and Premiffes are contained feveral Mines of Lead, Coal, and other Minerals, as well opened as not ' opened, which will probably turn to a very great Profit unto the faid Royal Hofpital, for the winning ' and working whereof it will be neceffary to make and fink Pits, Trenches, Groves, Drifts, Water- ' gates and Water-courfes, and to do feveral other Acts and Things within and upon the faid Lands ' and Grounds, which may be reckoned and deemed to be committing Wafte within the Meaning of ' the faid Act ;' To the End therefore that the faid Mines and Minerals, as well unopened as opened, may be effectually won and wrought for the Benefit of the faid Hofpital ; Be it enacted by the Authority aforefaid, That it (hall and may be lawful for his Majefty, his Heirs and Succeffors, during the Con- Power to leafe tinuance of his or their Eftate in the Premifles, by Sign Manual, to authorize the Commiffioners and °J* ancl y v .°. rk ' Governors of the faid Hofpital, or any feven or more of them, to demife and grant all and every or the^remiiTesL any of the faid Mines and Minerals, as well unopened as opened, for any Number of Years not ex- ceeding twenty one Years, to take Effect in Poffefiion and not in Reverfion, referving the beft Rents or Dues that can be reafonably gotten for the fame, without taking any Fine, Premium or free Gift, with full Liberty to the refpective Leffees to win and work the fame Mines and Minerals, and to do every Act and Thing requifite and neceffary for that Purpofe, without reckoning or deeming the fame to be Wafte, fo as there be contained in all fuch Leafes a Condition of Re-entry for Non-payment of Rent, and fo as the refpective Leffees execute Counter-parts of fuch Leafes. ' VI. And whereas the Fines, Cuftoms and Services, by and under which feveral of the Tenants ' hold their Farms, Lands, Tenements and Eftates, lying and being within feveral of the faid Ma> ' late in the Cuftody or Power of fome of the faid Tenants, who refufe to produce or (hew the ' ing the faid Fines, Cuftoms and Services, and for the Quiet and Benefit both of the Lord and- ' Tenants;' Be it further enacted by the Authority aforefaid, That it (hall and may be lawful to Method of ob- and for the Attorney General of his Majefty, his Heirs and Succeffors, by his or their Direction, ^"s |^ eT& - to apply to his Majefty's Court of Exchequer at Wefiminfler by Motion in a fummary Way againft duce Writings any Tenant or Tenants holding any Farms, Lands, Tenements or Eftates, lying and being with- relating to in the faid Manors, or any of them, of whofe having in his, her or their Cuftody or Power any Fines > &c - fuch Articles, Indenture, Deed or Writing probable Evidence (hall be (hewed to the Satisfaction of the faid Court, for fuch Tenant or Tenants to produce and (hew forth the fame ; upon which Motion it (hall and may be lawful to and for the faid Court of Exchequer to examine and enquire into the faid Matter, and to make fuch Order or Orders with refpect to the producing and (hewing forth any fuch Articles, Indenture, Deed or Writing, by any fuch Tenant or Tenants appearing to the faid Court to have the fame in his, her or their Cuftody or Power, and with refpect to any Copy or Copks to be had and made thereof, and fuch other Order and Orders concerning the fame, as the faid Court '(hall think proper and juft. ' VII. And whereas it may be a considerable Time before the faid Mortgages and Incumbrances ' can be difcharged by Sale of a competent Part of the faid Premiffes for that Purpofe, and the Inte- ' reft of the principal Money due thereon is partly at the Rate of five Pounds for one hundred ' Pounds,
 * of the faid Leafes, giving Power to any Leffee to commit Wafte, or exempting him, her or them
 * nors, are agreed, afcertained or expreffed in fome Articles, Indenture, Deed or Writing, now or
 * fame, which if produced might be a Means to prevent Difputes, Differences and Suits concern-