Page images
PDF
EPUB

Upon Death of present Secre

taries, the Lands are to become vested in their Successors.

Secretaries, under Authority of Commissioners, may sell or let Lands vested in them.

XXXVII. AND be it further enacted, That upon the Death, Resignation, or Removal of the present Secretaries to the said Commissioners, or any of them, or of any future Secretaries, all such Manors, Messuages, Lands, Tenements, and Hereditaments respectively (other than and except as aforesaid), shall become vested in and be held by the respective Secretaries to the said Commissioners, and so in perpetual Succession, according to the respective Nature and Quality of the said Manors, Messuages, Lands, Tenements, and Hereditaments, and the several Estates and Interests of and in the same respectively, in Trust as aforesaid.

and

XXXVIII. AND be it further enacted, That it shall be lawful for the said several Secretaries for the may Time being, or any of them, by and under the Authority and Direction of the said Commissioners, (testified by Writing under their Hands and Seals), to sell, exchange, or in any Manner dispose of, or to let, set, or demise, as well any of the Freehold and Leasehold Manors, Messuages, Lands, Tenements, and Hereditaments respectively which shall for the Time being be vested in them respectively under and by virtue of this present Act, with their respective Appurtenances, as also any of the Copyhold Messuages, Lands, Tenements, and Hereditaments which shall have been surrendered to and vested in any Person or Persons, and his, her, or their Heirs and Assigns, in Trust for His said Majesty or any of His Predecessors, His or Their Heirs or Successors, for the Use and Service of His Majesty's Customs in the said United Kingdom, or any of them, either by public Auction or private Contract; and as to the said Freehold and Leasehold Manors, Messuages, Lands, Tenements, and Hereditaments, that it shall and may be lawful to and for the said respective Secretaries for the Time being to the said Commissioners, and as to the said Copyhold Messuages, Lands, Tenements, and Hereditaments, that it shall and may be lawful to and for the said Person or Persons in whom the same shall be vested as aforesaid, in due Form of Law, to convey, surrender, assign, make over, or to grant or demise the same respectively, or any of them, as the Case may require, to any Person or Persons who shall be willing to purchase or take the same respectively; and also to carry into Execution any Contract or Contracts already entered into for the Sale of any such Freehold, Copyhold, or Leasehold Mes

suages, Lands, Tenements, or Hereditaments as aforesaid, with such Alterations or Variations as the said Commissioners for the Time being, or any Four or more of them, shall by Writing under their Hands direct, and for that Purpose to make and execute all such Conveyances, Assuriances, and Agreements as may be thought proper; and also to do any other Act, Matter, or Thing, in relation to any such Manors, Messuages, Lands, Tenements, and Hereditaments, which shall by the said Commissioners be deemed beneficial for the Public Service in relation thereof, or for *the better Management thereof, and which might be done by any Person or Persons having a like Interest in any such Manors, Messuages, Lands, Tenements, or Hereditaments.

[ocr errors]

of such Lands,

XXXIX. AND be it further enacted, That the Monies Monies proto arise and be produced by Sales or Exchange of any of duced by Sale the said Manors, Messuages, Lands, Tenements, or Here- to be paid to the ditaments, which shall be sold or exchanged, or conveyed Receiver Gene under the Provisions of this present Act, including the ral. Monies already paid by way of Deposit for the Purchase of any Hereditaments already contracted to be sold, and the Residue of the Monies to be received in respect or on account of such Contract, shall be paid by the respective Purchaser or Purchasers thereof, or the Person or Persons making such Exchange, unto the Receiver General of His Majesty's Customs for the Time being, or to such Person or Persons as the said Commissioners for the Time being, or any Four or more of them, shall direct or appoint to receive the same, in Trust for His Majesty, His Heirs and Successors, for the Use and Service of the said Customs; and that the Receipt of the said Receiver General, or such other Person or Persons as aforesaid, for such Monies (such Receipt to be endorsed on every such Conveyance, Surrender, or Assignment as aforesaid), shall effectually discharge the Purchaser or Purchasers, or Person or Persons, by whom or on whose Account the same shall be so paid.

.. XL. AND be it further enacted, That immediately from and after the Payment of such Purchase Money, and the Execution of every such Conveyance, Surrender, and Assignment as aforesaid, the Purchaser or Purchasers therein named shall be deemed and adjudged to stand seised and possessed of the Manors, Messuages, Lands, Tenements, and Hereditaments, which shall be so purchased by, and C

[blocks in formation]

Treasury may authorize Persons to survey and mark out Lands for

&c.

conveyed, surrendered, assigned, or made over to him, her, or them respectively, freed and absolutely discharged of and from all and all Manner of prior Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances, and Demands whatsoever, which can or may be had, made, set up, in, to, out of, or upon or in respect of the same Manors, Messuages, Lands, Tenements, and Hereditaments, by any Person or Persons whomsoever, by, from, or under or in Trust for His Majesty, His Heirs and Successors, on any Account whatsoever; save and except such Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances, Claims and Demands, if any, as in any such Conveyance, Surrender, or Assignment shall be excepted.

XLI. AND be it further enacted, That it shall be lawful for the said Lord High Treasurer, or for the said Commissioners of the Treasury for the Time being, from Time to Time, by any Writing under their Hands, to authorize Watch Houses, any Person or Persons to survey and mark out any Lands, not exceeding One. Half Acre at any One Station, which are or may be wanted for the Purposes of erecting and maintaining Watch Houses, Dwelling Houses, and other Buildings requisite and necessary for the Security and Protection of the Revenues of Customs and Excise, with all necessary Ways unto and from the same, or any or either of them, such Lands being situated within Half a Mile of the Sea Shore, or of the Tideway of any navigable River; and to authorize any Person or Persons, by Warrant as aforesaid, to treat and agree with the Owner or Owners, or any Person or Persons interested therein, of any such Lands, or of any Messuages, Tenements, Hereditaments, or Premises which may be requisite and necessary as aforesaid for the Possession thereof, for such Time or Term of Years as the Public Service shall require.

Bodies Politic,

&c. may contract for the Sale.

XLII. AND be it further enacted, That it shall be lawful for all Bodies Politic or Corporate, Ecclesiastical or Civil, and all Feoffees or Trustees for charitable or other public Purposes, and for all Tenants for Life and Tenants in Tail, and for the Husbands, Guardians, Trustees, Committees, Curators, or Attornies of such of the Owners or Proprietors of or Persons interested in any such Lands, Messuages, Tenements, Hereditaments, or Premises required for such Public Service, as shall be Femes Covert, Infants, Lunatics, Idiots, or Persons beyond the Seas, or

otherwise incapable of acting for themselves, to contract and agree with such Person or Persons authorized as aforesaid, for the Grant of any Lease of such Lands, Messuages, Tenements, Hereditaments, or Premises, either for any Term of Years certain therein, or for such Periods as the Public Service shall require, and to demise or grant the same unto the said Lord High Treasurer, or Commissioners of His Majesty's Treasury, in Trust for His Majesty, His Heirs and Successors accordingly; and all such Leases and Agreements shall be valid and effectual in Law, to all Intents and Purposes whatsoever.

any other

cept the Consideration offer

ed, Two Justices, &c. may put His Majesty's Officers into Possession, and a Jury shall who shall find be summoned, the Compensation to be made.

XLIII. AND be it further enacted, That in case any Persons refusing such Bodies or other Persons hereby authorized to contract to sell or to acon behalf of themselves or others as aforesaid, or Person or Persons interested in any such Lands so marked out, or in any Messuages, Tenements, Hereditaments, or Premises required as aforesaid, shall, for the Space of Fourteen Days next after Notice in Writing subscribed by such Person or Persons authorized as aforesaid shall have been given to the principal Officer or Officers of any such Body, or to such other Persons hereby authorized to contract on behalf of others, or interested themselves as aforesaid, or left at his, her, or their usual Place of Abode, refuse or decline to treat or agree, or by reason of Absence shall be prevented from treating or agreeing with such Person or Persons authorized as aforesaid, or shall refuse to accept such annual Rent or Sum as shall be offered for the Hire thereof, either for a Time certain or for such Period as the Public Service may require; and in case also it shall not be practicable to procure, by voluntary Bargain or Sale, any other Land situate as aforesaid, or of any Messuages, Tenements, Hereditaments, or Premises required as aforesaid, and suited to the Purpose for which such Lands, Messuages, Tenements, Hereditaments, or Premises are required, then and in such Case it shall be lawful for Two or more Justices, or Three or more Deputy Lieutenants (One of whom shall be a Justice of the Peace), or Two or more Deputy Governors for the County, Riding, Stewartry, City, or Place wherein such Lands, Tenements, Messuages, Hereditaments, or Premises shall be, to put His Majesty's Officers in Possession of such Lands, Messuages, Tenements, Hereditaments, or Premises; and for that Purpose to issue a Warrant, under their Hands and Seals, requiring Possession to be delivered to such of His Majesty's Officers as shall be named in the said Warrant; and it

Lands that are

such as have been marked out.

shall also be lawful for such Person or Persons so authorized as aforesaid, to require the said Justices, Deputy Lieutenants, or Deputy Governors of such County, Riding, Stewartry, City, Liberty, or Place, to issue their Warrant to the Sheriff or Sheriffs of the County, Riding, Stewartry, City, or Place wherein such Lands, Messuages, Tenements, Hereditaments, or Premises shall be situate, to summon a Jury; and every such Sheriff or Sheriffs is and are hereby authorized and required to summon and return a Jury, properly qualified, of the Number of Twenty-four, and in the Manner required by the Laws of England, Ireland, and Scotland respectively, who shall meet at some convenient Time and Place to be mentioned in such Summons, out of whom a Jury of Twelve shall be drawn, in such Manner as Juries for the Trial of Issues joined in His Majesty's Courts at Westminster and Dublin are drawn by Law in England or Ireland respectively, and in such Manner as Juries are drawn by Law for the Trial of Offences in Scotland; and in case a sufficient Number shall not appear, the Sheriff or Sheriffs shall choose others, of the Bye-standers, or that can speedily be procured, being qualified as aforesaid, and the said Jurymen may be challenged by the Parties on either Side, but not the Array; and the said Justices, Deputy Lieutenants, or Deputy Governors respectively, on the Application of the said Persons so authorized, or of any Parties concerned, may and shall summon Witnesses and adjourn any such Meeting, if Jurymen or Witnesses do not attend; and the Jury on hearing any Witnesses and Evidence that may be produced, shall on their Oaths, (which Oaths, as also the Oaths of such Witnesses, the said Justices, Deputy Lieutenants, or Deputy Governors respectively, are hereby empowered and required to administer), find the Compensation to be paid for the Possession or Use of such Lands, as the Case may be.

XLIV. PROVIDED always, and be it further enacted, suitable may be That if the Owner or Owners of any Lands, Messuages, taken in lieu of Tenements, Hereditaments, or Premises so required, or any, Person or Persons interested therein, shall, at any Time before the summoning of such Jury as aforesaid, give Notice in Writing of any other Lands situate as aforesaid, and of any other Messuages, Tenements, Hereditaments, or Premises so required as aforesaid, and suited to the Purpose for which such Lands are required, and which the Owner or Owners thereof, or Persons interested therein, are willing

« EelmineJätka »