Page:Ruffhead - The Statutes at Large - vol 7.djvu/752

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732 C. 40. Anno vicefinio nono Georgii II. A. D. 1756. and the Perfons irni:led to ths ni efne Profits, to recover the Jn- tercrt of Pur- chafe money. Court of Alder- men to make an OrJer on the Bank for that Porpofe, on which they are to be c]nie:ed in their Po0eGion. Mortgagee on fix Months Notice, IS to afT^gn over the PremilTts, on Tender or Payment. On his Refufal, Iniereft to ceafe. After Purchafe made, Tenants to deliver up i-*o{refl~icn within a Year alter Notice. On Refufal, Cot:rt to iniie a Precept to the Shcriffto take Pulieflion, and levy the Charges, Court may fine the Sheriff, his Deputy or Ofli- cer, Jury and "Witiieflt's, ma- king Defaitlt;

ind levy the

fame by DKlrtfs and Sale, to fuch Perfon or Perfons who was or were in PofTeflion of- the faid Premifles, at the Time of the faid Payment into the Bank. XII. Provided always, and it is hereby enafted. That all and every Perfon and Perfons, who would be infilled to recover the mefne Profits of the Premifles, againfl the Perfon or Perfons in Poffeffion, in cafe the fame had not been fo conveyed to the faid Mayor and Commonalty and Citizens, or by thsir Direftions as aforefaid, fhall be intitledto recover the Sum or Sums arifing, or to aiife from fuch Interefl and Dividend as aforefaid, by Aftion of Debt againft the Perfon or Perfons who fhall receive the fame ; and the faid Court of Mayor and Aldermen are hereby impowered and authorized to make fuch Order as aforefaid, on the Bank, for the Payment of fuch Sum or Sums of Money, or any Part thereof, as (hall be necefTary, in order to their being fo invefled in publick Securities ; and the faid Mayor and Commonalty and Citizens, fhall be quieted in the PofTeflion of the Houfes, Ground, Tenements, Edifices, Ereftions and Buildings, for which fuch Money fhall be fo paid as aforefaid, and fhall not be anfwerable or accountable in any Court of Law or Equity, for the Money to be fo depolited and placed out as aforefaid, any otherwife than according to the Tenor, Purport and true ft'Ieaning of this Aft. XIII. And be it furtlier enafted by the Authority aforefaid. That every Mortgagee and Mortgagees of any Houfes, Lands, Tenements and Hereditaments, which fhall be purchafed in purfuance of this AH, his, her and their Heirs, Executors, Adminiftrators or Affigns, on having fix Months Notice in Writing given to him, her or them, from the faid Mayor, Alderm.en and Commons in Common Council afTembled, or any Perfon authorized by them, that they will pay ofF and difcharge the Principal and Interefl JVIoney, which- at the Expiration of the faid fix Months fhall be due on any luch Mortgage, fhall at the End of the faid fix Months, after every fuch Notice, on Payment or Tender of the Principal and Interefl Money, v/hich fhall be then due, convey and affign his, her and their refpeflive Eflates and Interefis, in and to the faid Mort- gaged PremifTes, to the faid Mayor and Commonalty and Citizens, or fuch Perfon or Perfons, as the faid Mayor, Aldermen and Commons, in Common Council aflembled, fhall appoint, in Truft for the faid Mayor, and Commonalty and Citizens, and their SuccefTors ; and if any fuch iMortgagee or Mortgagees, his, hep or their Heirs, Executors, Adminiftrators or Affigns, fhall refufe fo to do, then all Interefl: on every fuch Mortgage, from the Expiration of the faid fix Months, after any fuch Notice given as aforefaid, fhall ceafe and determine. XIV. And be it further enacted by the Authority aforefaid, That in cafe the faid Mayor, Aldermen and Commons of the faid City of London, m Common Council aflTembled, or any Perfon authorized by them, fhall, after any Houfes or Tenements fhall be purchafed by them, in purfuance of this Act, give tv>'elve Months Notice in Writing, to the Tenants or Occupiers of any fuch Houfes or Tenements, which fhall be fo purchafed, who fhall have no greater Interefl: therein refpectively, than as Tenants at Will, or as Leflees by Parole for a Year, or from Year to Year, to quit or deliver up the Pofleflion of fuch Houfes or Tene- ments, at the Expiration of fuch twelve Months ; then every fuch Tenants or Occupiers fhall, at the End of the faid twelve Months after every fuch Notice, peaceably and quietly deliver up the PofTefTion of the Premifles, fo by him, her or them refpectively occupied, to the Perfon or Perfons who fliall be appointed by the faid Mayor, Aldermen and Commons, in Common Council afTembled, to take PofTeflion thereof; and if any Perfon fo in Pofl'effion thereof, fliall refufe to give up the PofTeflion thereof, at the Expiration of fuch twelve Months, after every fuch Notice as aforefaid, it fhall be lawful for the faid Court of Mayor and Aldermen, from Time to Time, to ilTue a Precept or Precepts to the Sheriffs of the City of London, if the Premifles fhall be within the faid City, and if in the County of Surry-, to the Bailiff of the Borough of Sonthvjark, to caufe Poifeffion thereof to be delivered to fuch Perfon or Perfons, who fhall be in (iich Precept: or Precepts nominated to receive the fame; and the Sheriffs of the faid City of London, if the PremifTes fhall be within the faid City, and if within the County of Surry, the Bailiff-' of the Borough of Soitihti'ark, a're hereby refpectively required to deliver Pofiijflion according to fuch faid Precept or Precepts, of the Premifles therein mentioned, and to levy fuch Cofts as fhall accrue by Means of the ifluing and execution of every fuch Prect5pt or Precepts, by Diflrefs and Sale of the Goods and Chatties of any Perfon or Perfons, who fhall neglect or refufe to pay the fame. XV. And be it further enacted by the Authority aforefaid. That it fhall and m.ay be lawful for the faid Court of Mayor and Aldermen, or Juflices as aforefaid, from Time to Time, to impofe any reafonable Fine, not exceeding the Sum of ten Pounds, on any Sheriff or Sheriffs, or their Deputy or Deputies, Bailiffs or Agents refpectively, who fhall make any Default in the Premifles, and on any Perlbns who fhall be fum- moned and returned on any fuch Jury or Juries, who fhall not appear, and alfo On any Witnefs or Witnefles who fliall not attend, or who fliall attend and refufe to be fworn, or who being fworn fhall refufe to gi'e Evidence, and on any Perfon fummoned and returned on fuch Jury or Juries, who fhall refufe to be fworn on any fuch Jury or Juries, or being fworn thereon fhall not give his or their Verdict, or fhall in any otht?f Manner Vv'ilfullj neglect his or their Duty, in or touching the Premifles, contrary to the true Intent and Meaning of this Act, and from Time to Time to levy fuch Fine or Fines, by Order of the laid Court of Mayor and Aldermen, or Juflices as aforefaid, as the Cafe may require, by Diftrefs and Sale of the Of- fenders Goods, together with the reafonable Charges of every fuch Diftrefs and Sale, returning the Over- plus, if any, to the Ov/ner ; and all fuch Fines which fhall be fo recovered and received, fhall be ap- plied towards the Purpofes of this Act. XVI. And it is hereby further enacted and declared by the Authority aforefaid. That the principal Mo- ney arifing from the Sale of any Houfes, Edifices, Lands, Tenements and Hereditaments, which fliall be purchafed for_ the_Purpofcs contained in this Act, of any Body Corporate or Collegiate, Corporation Ag- Porchafe-moiiey nn be paid to the Nominee in Tiufl-, and to be C i "n n- • t^ n r^ ' ' ' j i - - 1 - - ^ ' _^ - - -o ifo-inveiied in gre,a.ate or uole, ^t f oftees^ HI Truft, Guardians, Committees or other Truftees, or froni_any Feme Coverts, purcliafe of other ■Medoages, itc iiibjtfl to like flialj be (laid to fuch Perfons as they fhall refpectively nominate to receive the fame, in Truft, with all con- venient Speed, to be reinvefted in the Purchafe of other MeflTuagcs, Lands, Tenements and Hereditaments, to be conveyed and fettled to and upon, and fubject to the like Ufes, Trufts, Limitations, Remainders and 3 Contingencies,