Page:Ruffhead - The Statutes at Large - vol 8.djvu/331

 A. D.I 757' Anno tricefimo primo Georgii II. C. 39. 297 valid • and fuch Lands, Tenements and Hereditaments refpedtively, (hall from thenceforth be vetted, to the' Ufe of his Majcity, his Heirs and Succeflbrs, as if fuch Certificate had been received by the Parties intitlcd thereto. XIV. And be it further enaifled by the Authority aforefaid, that if any fuch Lands, Tenements Where Part.es interctled or Hereditaments, or any Intereft therein, ihall belong to any Corporation, or Body Politick, Ec- ?■'""'* ^^f^P^r'^ °V^' tji liti^uii-i ' ^ t rt r n r i_ ./- 11/ r TAr t!i-^ king and riilpofing of the clefiaftical or Civil, or to any other Perfon or Perfons whatfoever, who by reafon of any Difability, pufctafe Monies, are not able or capable, by Law, to take and difpofe of the feveral Sums which fhall be due and pay- able for and in refped of their feveral Interefts ; in every fuch Cafe, it (hall be lawful for the the Commi/noners are to faid CommifTioncrs, or any five or more of them, to dire£t, order and decree, into whofe Hands decree into whofe Hands fuch Sums of Money fhall be paid for the Ufe of fuch Corporation, or Bodies Politick, Ecclefiaftical the fame (hall be paid tor or Civil, and the refpective Perfons interefted therein : which feveral Sums of Money, (hall, with j"!^^,', . , ■ .. ' • r. 111-1 !• ^ r 1 T^- n- 1 r • J r^ ■ rr and the Money to be laid all convenient Speed, be laid out according to fuch Diredtions as the faid Commiihoners, or any ^^jj^otiierPurchafes.to five or more of them, fliall from time to time give, for the purchafing other Lands, Tenements or be fettled to like Tiui'u Hereditaments, in Places moft convenient for the Parties interefted, their Heirs and Succeflbrs ; and andUies; as foon as proper Purchafes car^ be found, the Eftates fo purchafed fhall be conveyed and fettled to the fame Ufes, Intents and Purpofes, as the former Eftates were fettled at the Time they fliall become vefted in the Truftees appointed by this A6t ; and until fuch Settlements can be made, it and till it (hall be fo ihall be lawful for the faid Commiflioners, or any five or more of them, to place fuch Monies out employed, may be placed at Intereft on Parliamentary Funds, or other good Securities ; which Intereft fliall, from time to °"' *' intereft. time, as the fame fliall grow due, be paid to the feveral and rcfpedive Parties interefted in fuch Principal Sums. o •/,- «. ■ XV. Provided always, and be it further enaded by the Authority aforefaid. That no Com- ^°'J'^^'^°"«.J^^^°y°^'»« miflioner fliall aft for any of the Purpofes aforefaid, in any Cafe where he is particularly con- ^^ "* e is mere e . ' cerned in Intereft. XVI. And be it further enafted by the Authority aforefaid. That an Account of the Application Accountofthe Apphca- of the Monies hereby appropriated towards carrying on the Works for fortifying and fecuring the £°" "n'^^ thTworks, faid Harbour, fliall be laid before both Houfes of Parliament, within twenty Days after the opening to be laid every Year b*e- of every Seflion of Parliament. _ fore Parliament. XVII. And be it further ena£led by the Authority aforefaid. That all fuch Cofts and Charges charges of this Aft to as fliall be incurred in obtaining this Aft, fliall be, in the firft Place, paid out of the Monies hereby be firft paid, granted. XVIII. And be it further enafted by the Authority aforefaid. That if any Aftlon or Suit fhall Limitation of Aftions, be commenced againft any Perfon or Perfons for any thing done in purfuance of this Aft, every fuch Aftion and Suit fhall be commenced within the Space of twelve Calendar Months next after the Caufc of fuch Aftion or Suit fliall have arifen, and not afterwards ; and the Defendant or Defen- dants in all fuch Aftions and Suits may plead the General IflTue, and give the Special Matter in General Iffue, Evidence at any Trial to be had thereupon, and that the fame was done in purfuance of this Aft ; .and if the fame fliall appear to have been fo done j or if any fuch Aftion or Suit fliall not be com- menced within the Time before limited ; then, and in either of fuch Cafes, the Jury fliall find for the Defendant or Defendants ; and if a Verdift fhall be found for the Defendant or Defendants ; or if the PlaintiiF or Plaintift's fliall be nonfuited, or fufFer a Difcontinuance after the Defendant or De- fendants fhall have appeared ; or if upon any Demurrer, Judgment fliall be given for the Defen- dant or Defendants ; in each of the Cafes aforefaid, the Defendant or Defendants fliall have treble Treble Cofls, Cofts, and fhall have fuch Remedy for recovering the fame, as any Defendant or Defendants hath , or have fur recovering Cofts in other Cafes by Law. CAP. XXXIX. An Ad for veiling certain Meflfuages, Lands, Tenements and Hereditaments, for the >. better fecuring his Majefty's Docks, Ships, and Stores, at Portfmouth^ Chatham^ and - Plymouth^ and for the better fortifying the Town oi Portfmouth, and Citadel of P/y- mouthy in Truftees, for certain Ufes ; and for other Purpoles therein mentioned. ' lying near the faid Docks oi Port/mouth, Chatham, and Plytnouth, have been made ufe of in making ' Docks : And whereas fome Part of the faid Lands made Ufe of for that Purpofe, lies open, and Vol. VIII. Q_q ♦ the
 * "IT 7 H E R E A S by the unjuft and hoftile Invafion lately made on his Majefty's Dominions in Preamble,
 * VV America^ and rt Mediterranean^ and by great Preparations made in Frawr^, for invading -Jcs ja Cm. 4. c, 30-
 * thefe Realms, it became abfolutely necefiary for the Security of his Majefty's Docks, Ships of/'"' '""*"'.? ^'*«/""/''"^'5
 * War, and Stores, to ereft and raife Fortifications and Intrenchments near the Docks oi Portf- ^"'^^ ^''"f^'"""'
 * fnouth, Chatham, 3.nd Plymouth : And whereas certain Lands herein after particularly mentioned,
 * Intrenchments, and raifing Lines and Fortifications, for the Defence and Security of thi; faid
 * in common, to many Owners and Proprietors of Lands near adjoining, for which they cjaim a
 * Right of Common on the faid Lands ; and other Parts of the faid Lands fo made ufe of, are fo li-
 * mited by Settlement, that the Owners thereof cannot make a clear Title and Conveyance, wlth-
 * out the Authority of Parliament j and other Parts of the faid Lands may be the Property of Eccle-
 * fiaftical Perfons, or Perfons not capable of making a legal C6nveyance thereof j and all the faid
 * Lands may be fubjeft and liable to Quit Rents, Tythes, and other fmall Outgoings, from which