Page:Ruffhead - The Statutes at Large - vol 3.djvu/375

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A. D. 1670.
Anno vlcesimo secundo Caroli II.
C. 6.
327

any of them (except before excepted) and for veiling the same in such Persons and their Heirs, as shall be therein nominated as Trustees for the Sale thereof, against his Majesty, his Heirs and Successors, and against the Dukes of Cornwall for the Time being, and against all Person and Persons that shall have or inherit or enjoy the Dukedom of Cornwall by Force of any Act of Parliament, or other Limitation whatsoever, according to the Tenor and Effect of the said Letters Patents; (2) and the same shall be expounded, construed, deemed and adjudged most beneficially for the Patentees and Grantees of the same, and their Heirs, Successors, Executors, Administrators and Assigns, according to the Words and Purport of the said Letters Patents, without any Confirmation, Licence, or Toleration of his Majesty, his Heirs or Successors; any Mis-naming, Mis-recital, or Non-recital of any the Honours, Manors, Castles, Lands, Tenements or Lands, Tenements or Hereditaments charged or chargeable with the said Rents do lie, or any lack of the true naming of the Corporation, or any lack of Attornment, or any Mis-naming, or not naming of any of the Tenants or Farmers of the Lands charged or chargeable with such Rents or any Part thereof, to the contrary notwithstanding;

V. And notwithstanding any other Defect or Imperfection which shall happen therein, of what Nature or Kind soever it shall be: (2) And the said Rents so to be granted, shall be afterwards conveyed and disposed by the said Patentees and Trustees, according to the Directions and Instructions herein after mentioned.

The Patentees and Trustees may sell the same Rents to any Purchaser, by Indenture of Bargin and Sale inrolled. Such Rents. How to be described in Deeds and Pleadings. VI. And be it further enacted by the Authority aforesaid, That the said Patentees and Trustees, and the Survivor and Survivors of them, shall make and execute to all and every Person and Persons, Bodies Politick and Corporate, their Heirs, Successors and Assigns, who shall become Purchaser or Purchasers of the said Rents, or of any Part thereof, an Indenture or Indentures of Bargain and Sale which shall be inrolled in any of the four Courts at Westminster, within six Months after the Date thereof, and shall contain a by indenture of Conveyance and Assurance of the Rents so purchased, and transfer the same by Words of Bargain and Sale, or by Words of Grant, Release or Confirmation, or by such other apt Words and Clauses as by the said Purchaser or Purchasers, their Heirs, Successors or Assigns, shall be reasonably devised or required, and shall be thought most suitable and convenient to and for the several Cases and Titles of such Purchaser or Purchasers respectively; (2) and such Conveyance or Assurance shall also recite the Consideration in Money paid or given, and thereof and of every Part and Parcel thereof shall exonerate, acquit and discharge the said Purchaser or Purchasers, his and their Heirs, Successors, Executors and Assigns. 10 Ann. c. 18. §. 21.


Purchasers by Virtue of such Deed Peaceably to enjoy against all claims. VII. And be it further declared and enacted by the Authority aforesaid. That all and every Person and Persons, Bodies Politick and Corporate, his and their Heirs, Successors and Assigns, having and taking Purchasers by any such Conveyance and Assurance as aforesaid, and causing the same to be inrolled as aforesaid within Virtue of the Space of six Months next after the Date thereof, shall be and is hereby adjudged in actual Seisin and Possession of the Rents so purchased and conveyed; (2) and shall hold and enjoy the same in perfect Peace, freed and discharged of and from all Claims and Demands which can or may be made by his Majesty, his Heirs or Successors, either in Right of his Crown, or any the Duchies aforesaid, or otherwise howsoever, or by any Dukes of Cornwall for the Time being, or by any Person or Persons that shall have, inherit or enjoy the Dukedom of Cornwall, by Force of any Act of Parliament, or other Limitation whatsoever, and also freed and discharged of and from any Breach of Trust which can or may be pretended to be committed by the said Trustees, in not strictly pursuing the Powers given by this Act, or the Instructions herein after mentioned, or any other Instructions whatsoever, or the Orders to them directed at the Time of the making and executing such Conveyance; and shall also hold and enjoy all and every the Rents so purchased, as fully, freely and amply, as his Majesty at the Time of the passing of this Act did or might have held or enjoyed the same.

And to sue for and recover the same as his Majesty might have done. VIII. And be it further enacted. That all and every Person and Persons, Bodies Politick and Corporate, who shall purchase any of the said Rents, and their and every of their Heirs, Successors and Assigns respectively, shall be and are hereby enabled to have, sue for and recover the same, by such and the like lawful Ways and Means, as his Majesty or any of his Royal Progenitors could or might have recovered the same, be it by distraining in all or any of the Lands of the Tenant or Tenants for the Time being, that shall hold any Lands charged with the said Rent, or by having Power to detain or fell all such Distresses, after the Space of fifteen Days after such Distress taken, in Cafe the said Rent shall not be then or before paid, returning the Overplus of what shall be so sold, to the Party distrained; or by having the full Benefit and Advantage of all Sums of Money reserved nomine Pœnæ, or as a Penalty for Non-payment of the said Rent, or by using the like Action or Suit as his Majesty might have used for the Recovery of the same before such Patent granted, so as the fame extend not to any such Process of Extent, or other Prerogative Process out of the Court of Exchequer, as his Majesty might have had before such Patent granted. (2) 'And forasmuch as upon divers Commissions of defective Titles, Inquisitions, or Suggestions of Concealments, divers Patents have formerly passed the Great Seal of England, or under the Seal of the Duchy of Lancaster, or under the Seal of the County Palatine of Lancaster, of divers Manors, Lands, Tenements and Hereditaments, whereupon divers Fee-farm Rents, or ether Rents have been reserved, and sometimes put in Charge, where in Truth nothing hath palled by the said Letters Patents, nor have the Manors, Lands and Tenements, Liberties or Hereditaments mentioned to have been granted, been enjoyed or held under the said Letters Patents, but under other Titles, or by Virtue of other Letters Patents whereupon other Rents are reserved:'

Fee-Farm and other Rents not paid 40 Years IX. Be it therefore enacSled, That fuch Fee-farm Rents, or other Rents, which have not been usually paid by the Owners or Occupiers of the Manors, Lands or Tenements charged, or mentioned to be charged, other Rents not therewith by the greater Space of forty Years now last past, shall net be inserted or mentioned in any suchLetters

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