Page:Ruffhead - The Statutes at Large - vol 7.djvu/462

 44-2 C. 39, 40. Anno vicefimo quinto Georgii II. A. D. 1752. 3! & 12 W. 3. C.6. CAP. XXXIX. An Ad: to obviate Doubts that may arife upon an Aft made and paflTed in the eleventh and twelfth Years of the Reign of his late Majefty King William the Third, intituled, An rM to enable his Majejlf s natural-born Subjects to inhirit the Ejlate of their ylncejlors, either lineal or collateral, notwithjianding their Father or Mother were Aliens. WHEREAS in and by an Aft of Parliament made and pafied in the eleventh and twelfth Years of the Reign of his late Majefty King JViU'iayn the Third, intituled, An A£t to enable his Majejly's niturnl-born SiibjeSls to inherit the EJiate of their Anccjlors, cither lineal or collateral, notivlthjfanding their Father or Mother lucre Aliens ; It is enacfted, That all and every Perfon or Perfons, being the King's na- tural-born Subjeft or Subjefts, within any of the King's Realms or Dominions, rfiould and might there- after lawfully inherit and be inheritable, as Heir or Heirs, to any Honours, Manors, Lands, Tenements or Hereditaments, and make their Pedigrees and Titles by Defcent from any of their Anceftors, lineal or collateral, although the Father and Mo;her, or Father or Mother, or other Anceftor of fuch Perfon or Perfons by, from, through, or under whom he, (he or they fhould or might mai<e or derive their Title or Pedigree, were or was, or fhould be born out of the King's Allegiance, and out of his Majefty's Realms and Dominions, as freely, fully and efFeftually, to all Intents and Purpofes, as if fuch Father or Mother, or Fathers or Mothers, or other Anceftor or Anceftors by, from, through, or under whom he, fhe or they fliould or might make or derive their Title or Pedigree, had been naturalized or natural- born SubjecTts : And whereas many Doubts and Inconveniencies may arife upon the fa;d recited A6t, in cafe of Perfons gaining Capacities to inherit and derive their Pedigrees by virtue of the faid recited Act, after the Deaths of their Anceftors to whom they claim to be Heirs, whereby Eftates well vefted by De- fcent, Mortgages, Purchafes, and Settlements duly made, may be defeated :' For Remedy whereof be it ena£l:ed and declared by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aftembled, and by the Aut^'.ority None to inhciit of tlTe fame, That the faid Statute fhall not extend, or be deemed, taken, or conftrued to extend to give t>VT^h ^"^y Rig^t or Title to any Perfon or Perfons to inherit as Heir or Heirs, or Coheir or Coheirs, to any &al'be'inBein2^P^"'-f'3'^ '^3o ^^^'^ °f '^'^y ^^"'-"'^' Lands, Tenements or Hereditaments, in Poffefiion, Reverfion or Re- at the'Death of' mainder, by enabling any fuch Perfon or Perfons to claim or derive his, her or their Pedigree through any theAncennr who Alien Anceilor or Anceftors, unlefs the Perfon or Perfons fo claiming or deriving his, her or their Title as fhall die feiftd. fjeir or Fleirs, Coheir or Coheirs, was or were, or (hall be in Being, and capable to take the fame Eftate as Heir or Heirs, Coheir or Coheirs, by virtue of the faid Statute, at the Death of the Perfon who ftittll fo ■ - laft die feifed of iuch Manors, Lands, Tenements or Hereditaments, and to whom he, fhe or they fhall ib claim to be Heir or Heirs, Coheir or Coheirs, by Force of the faid Statute. IftheDcfccnt j|_ Provided always, and be it enadled by the Authority aforefaid. That in cafe the Perfon or Perfons ° ' Honours, Manors, Lands, Tenements or Hereditaments, and upon whom the Defcent fhall be caft by virtue of this Aft, or of the faid recited Aft, fliall happen to be a Daughter or Daughters of an Alieii, a^d t!-ic Alien and that the Alien Father or Mother, through whom fuch Defcent fhall he derived by fuch Daughter or Fjtlier, &;c. ihall £)augh(.gj.g^ fhall afterwards have a Son born within any of his Majefty's Realms or Dominions; the aiterwavdsjiave j)gf|-.ent fo caft upon fuch Daughter or Daughters fhall be diverted in favour of fuch Son ; and fuch DauaMer to be Son fhall inheiit and take the Eftate in like manner as is allowed by tjie Common Law of this Realm diverted, in Cafes of the Birth of a nearer Heir ; or in caii: fuch Father or Mother fhall have no Son or Sons, and where no but fhall have one or more Daughter or Daughters ai'terwards born within any of his Majefty's Realn-.s '"' 'heDau»h-Qj. Dominions, the Daughter or Daughters fo born afterwards fliall inherit and take in Coparcenary with rn{"wstu- the^Daughter or Daughters upon whom the Defcent fliall be caft at the Death of the Anceftor laft ieifed j .Son ter jtfty's Domini- any Thing in this Aft contained to the contrary in any wife notwithftanding. onsj O..1II jointly i'--h"i'- C A P. XL. An Afl for the Application of a Sum of Money therein mentioned, granted to his Majefty, for making Compenfation and Satisfaction to the Royal ./r/Vi?;; Company ot England, for their Charter, Lands, Forts, Caflles, Slaves, Military Stores, and all other their Lffeds whatfoever ; and to veft the Lands, Forts, Caftles, Slaves and Military Stores, and all other their Effefts in the Company of Merchants trading to Africa ; and for other Purpoi'es in the Ad: mentioned. 'HEREAS his late Majefty King C/!irtr/« the Second, by his Royal Charter or Letters Paten-, under tiie Great Seal of England, biaring jDate the tventy-fcvcnth Day of September in the twenty-foiuth Year of his Reign, in confidcration of the Surrender of a former Grant in the faid Letters Patent recited, did give and grant unto certain Perfons therein named, ail and fmgilar the Regions, Countries, Dominions, Territories, Continents, Coafts and Places, lying and being within the Limits and Bounds in ihe faid Letters Patent mentioned, that is to f.y. Beginning at he Port of Sally in S;uth- Barbary incluUve,. and extending from thence to Cape ck bona Efptrcuiza inclufive, with all the Ifland|. ' near
 * jjj|^^^^"^^ "''°" who fhall be in Being, and capable to take at the Death of the Anceftor fo dying feifed of any fuch