Page:Ruffhead - The Statutes at Large - vol 8.djvu/521

 A. D. 1759. Anno tricelimo tertio Georgii II. C. 30. 487 or Precepts be nominated to receive the fame: And the faid Sheriffs are hereby required to deliver who are to deliver Pr,r- fuch Pofleflton accordingly of the faid Premifles, and to levy fuch Cofts as fhall accrue from the ['=°" ^""'■"8,'y' and Ifluing and Execution of fuch Precept or Precepts, on the Pcrfon or Perfons fo refufiiig to give Pof- ^ution.^ ^^^ °* ^"* feilion as aforefaid, by Diftrefs and Sale of his, her or their Goods. XIV. And be it further enacSted by the Authority aforefaid, That all and every Perfon and Per- Mortgagees, upon Tender fons, who {hall have any Mortgage or Mortgages on fuch I/ands, Tenements and Hereditaments of the Principal and in- as aforefaid, not being in Poifeflion thereof bv virtue of fuch Mortgage or Mortgages, fhall on the ^V^^f ^"^' together with Tender of the Principal Money and Intereft due thereon, together with fix Months Intcreft of the {^^^[^^ ^ ear s extra in- faid Principal Money, by the Mayor, Aldermen and Commons of the faid City, in Common Council allembled, or by fuch Perfon or Perfons as they fhall appoint, immediately affigii fuch ^'■'^ to a^'gn over their Mortgage or Mortgages to the faid Mayor and Commonalty, and Citizens, or to fuch Perfon or "^^""^^S" immcdiatcy j Perfons as the Mayor, Aldermen and Commons of the faid City, in Common Council allembled, fhall appoint; or in cafe fuch Mortgagee or Mortgagees fhall have Notice in Writing fom the or otherwife, upon fix Mayor, Aldermen and Commons of the faid City, in Common Council alfembled, or the Perfon Months Notice given or Perfons fo by " ... ... - . ^ which fliall be d to be computed of the Principal and Intereft fo due, fuch Mortgagee or Mortgagees Ihall aflign their Interevt in the Premiffes to the faid Mayor and Commonalty and Citizens, or fuch Perfon or Perfons as the Mayor, Aldermen and Commons of the faid City, in Common Council allembled, fliall appoint: And in cafe fuch Mortgagee or Mortgagees fliall refufe fo to aflign as aforefaid, on fuch Tender or »f they refufe, the Inte- Payment, that then all Interefc on every fuch Mortgage fliall ceafe. TiLie°-"^'^ ^"^""^ '^^"^ , XV. And be it further enaded by the Authority aforefaid. That upon Payment of the Principal p"fncF°'i TK^ereft ''^ Money and Interefl due on any Mortgage as aforefaid, into the Bank, at the End of fix Months in""^4^gB^"„]j"3"jj^g from fuch Notice as aforefaid, for the Ufe of the Mortgagee or Mortgagees, to be paid him, her End of fix Montiis from , or them, at fuch Time as the faid Court of Mayor and Aldermen fhall order and dire6l ; the Ca- fuch Notice, for the v^e , fhier or Cafhiers of the Bank fliall give a Receipt or Receipts for the faid Money, in like Manner ^ '^p^^^^"^^^^^.' ^""^ i as is herein before directed, in Cafes of other Payments into the Bank ; and thereupon all the jyi^^j^^^^^^'j^^^^^"^'?"^ I Eftate, Right, Title, Intereft, Ufe, IVufl, Property, Claim and Demand of the faid Mortgagee Right of fuch Mor^^n^ee j or Mortgagees, and of every Perfon or Perfons in Trufl for him, her or them, fhall veft in the faid is t'o veft in the City.° ' Mayor and Commonalty and Citizens ; and they fhall be deemed to be in the a6lual PoflefTion of ' the Premifles comprifed in fuch Mortgage or Mortgages, to all Intents and Purpofes whatfoever. [ ■ XVI. And be it further enacted by the Authority aforefaid. That all Sums of Money, or other The Purchafe-money, Confider. tion, Recompence or Satisfa6ion, to be paid and made purfuant to any fuch Agreement '^'^•'"^^ ^""^ '""^^''^'^ or Verdict as aforefaid, or which ihall be due on fuch Mortgage, fhall be tendered to the Party or ^° P^"""", Parties intitled to the fame; and in cafe of Refufal to accept the fame, fhall be paid into the Bank ^"^ on their Refufa] to ^f England; before the Mayor, Aldermen, and Commons of the f^iid City, in Common Council ""'fj-^^,; 'R'^'r n- A 1 -n r n r i ■- i • i i i n ii i 11 i to be paid into the Bank, allembled, or any rerlon or rerlons authonled or apponited by them, IhaJl proceed to pull down before the Premifies fhall my Houfe or Houfes, or other Erections and Buildings, or to ufe the Ground for the Purpofes of be made ufe of ; theMo-, this A(St : And the faid Monies fhall be paid into, and the Accounts thereof be, from time to time, niestoftandintheNames
 * arricd on by the Bank, in the Names of the Chamberlain, Town Clerk, and Comptroller of the ?I the Chamberlain,

Chamber of the faid City, for the Time being, in Trull for the Perfons intitled to the faid t,.°i^" in Truft for°the" Monies. ., ^ , Parties intitled thereto. XVII. And be it further enafled by the Authority aforefaid. That the faid Court of Mayor Court may fine the She- ind Aldermen, fhall have Power, from time to time, to impofe any reafonable Fine, not exceed- riffs, their Deputies, Bai- ng the Sum of ten Pounds, on fuch Sheriffs, or their Deputy or Deputies, Bailiffs or Agents re- ^'^=' or Agents, fpedtively, making Default in the Premiffes, and on any of the Perfons who fliall be fummoned Jurymen, and returned on any fuch Jury or Juries, who fhall not appear, or v/ho fhall refufe to be fworn on the faid Jury or Juries, or being fo fworn, fhall not give his or their Verdidl ; and alfo on any Evidences, Perfon or Perfons who fhail be fummoned to give Evidence touching any the Matters aforefaid, and (hall not attend, or fliall refufe to be fworn, or who being fworn fhall refufe to give his, her or their Evidence ; alfo on any other Pcrfon or Perfons who fhall, in any other Manner, wilfully negleft his or their Duty in the Premiffes, contrary to the true Intent and Meaning of this Adt ; a"^ a" other Perfon?, and from time to time to levy fuch Fine or Fines, by Diftrefs and. Sale of the Offender's Goods, by Premiifefwnd li" 'Ihe Warrant under the Hand and Seal, or Hands and Seals of any Juffice or Juffices of the Peace, toge- fame by Diftrefs anYsale ther with the reafonable Charges of every fuch Diftrefs and Sale, returning the Overplus (if any) to be applied to the uie' to the Owner: And all fuch Fines ffiall be applied to the Ufe of the poor of the Hofpitals of Brick- of Bndeweli andBethle- well and Bethlehem^ within the faid City, and be paid for that Purpofe to the Treafurer of the faid ^^^ Hofpitals. Hofpitals for the Time being. XVIlf. Provided always, and be it hereby ena£ted and declared by the Authority aforefaid. That where the Proprietors if any Perfon or Perfons, Body or Bodies Politick, Corporate, or Collegiate, fhall be applied to, fhall be applied to for by or on Behalf of the Mayor, Aldermen and Commons of the faid Citv, in Common Council Sale and Conveyance of affembled, to treat for, fell, difpofe of, or convey, for any of the Purpofes of this Aft, any Part 'j^jj'^'"'"" '" ^^ or Parts of any Houfe, Warehoufe, Yard or Ground, in the actual Occupation of one Tenant, or ' of feveral joint Tenants ; and the Perfon or Perfons, Body or Bodies Politick, Corporate or Col- and they (hall fignifythe'r legiate, fo applied to, fhall by Notice in Writing, to be left at^'the Comptroller's OfHce in the Inchnation to treat, &«, Guildhall of the faid City y/ithin thirty Days next after fuch Application, fignify his, her or their Inclination