the chancery

in a summary way, for obtaining direction as to the mode of settling any plication to such reversion, or the equity of redemption thereof, where the case shall in cases of appear to them to be attended with difficulty.

respec

difficulty.

&c. by an

contract with

redeemed

tax, for an thereof, and assignment may sell lands

to raise money for

that purpose, and if any money shall Bank or any stock invest

be in the

ed in the names of the

86. And be it further enacted, that it shall be lawful for any bodies Corporations, politic or corporate, or companies, or feoffees or trustees for charitable or thority of the other public purposes, by and under the direction and authority of the said commissaid last-mentioned commissioners, to contract and agree with their sioners may respective lessees and tenants holding under any demise, by copy of court their lessees, roll or otherwise, who shall under the powers contained in the said &c. who have recited acts or any of them, or of this act, have redeemed the land tax their land charged on the manors or other hereditaments comprised in such demises respectively, for an assignment to such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, of the land tax which shall have been so redeemed by their tive lessees or tenants; and for the purpose of completing the purchase of such assignment it shall be lawful to carry into execution all and every or any of the powers which under and by virtue of this act are or shall be vested in them for raising money by sale of any manors or other hereditaments for the purpose of redeeming any land tax in the first instance: provided always, that if any monies shall be then remaining in the Bank of England, or any stock shall be then invested in the names of the commissioners for the reduction of the national debt, which shall have arisen from any sale or sales before made by any such body politic or corporate, or company, or feoffees or trustees for charitable or other public purposes, contracting for the purchase of such assignment, and which shall not have been applied to the redemption of any land tax, it shall be lawful for the said commissioners, under the great seal, or any two or more of them, to order and direct that the consideration agreed to be paid or transferred for such purpose shall be paid or transferred out of such monies or stock respectively, and the governor and company of the Bank of England and such commissioners for the reduction of the national debt respectively are hereby authorized and required, upon a certificate of such order, signed by any two or more of the said commissioners, under the great seal, to pay or transfer to the person or persons assigning such land tax the money or stock specified in such certificate, and the receipt or receipts of such person or persons shall be a sufficient discharge for such money or stock.

87. And be it further enacted, that where any manors, messuages, lands, tenements or hereditaments belonging to any bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, shall be sold to raise money for the redemption of land tax, and it shall afterwards appear that the money arising from such sale or sales shall not be sufficient to redeem the whole of the land tax charged on the manors, messuages, lands, tenements or hereditaments belonging to such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, and such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, shall be willing and desirous to pay into the Bank such further sum or sums as may be necessary to make up the whole of the money requisite to redeem such land tax, then it shall be lawful for the cashier or cashiers of the Bank of England, and they are hereby required, to give a receipt or receipts for all such sum or sums as may be offered to be paid to them to make up such deficiencies, and to apply such monies for the purpose of completing such redemption.

commissioners for the the national debt arisen made by such corporations,

reduction of

from sales

&c. which shall not have

been applied for redemp

tion of land tax it may be applied for purchase of such assign

ment.

Where the

money arising from sale of lands belonging to any

corporations, &c. shall be insufficient to redeem the

whole of the

land tax, the Bank may receive money to make up

the defi

ciency.

Land tax redeemed by bishops, &c.

shall be considered as an yearly rent on

additional

the present and future demises.

Land tax

&c. on copyhold or customary lands

held by lease shall be con

sidered as rent reserved thereout.

88. And be it further enacted, that where the land tax charged on any manors, messuages, lands, tenements or hereditaments belonging to any bishop or other ecclesiastical corporation shall have been or shall be redeemed by such bishop or ecclesiastical corporation with any monies which shall have been or shall be raised for that purpose by virtue of any of the powers or provisions of the said recited acts or of this act, such land tax shall be considered as yearly rent payable to such bishop or other ecclesiastical corporation, his and their successors, over and above the reserved rent (if any), during the demise existing at the time of such sale, and shall be recovered and paid as such, and the land tax so redeemed shall in all future demises of such manors, messuages, lands, tenements or hereditaments be added to the ancient and accustomed yearly rent reserved or made payable during the terms granted by such demises, and shall be reserved and made payable as such accustomed yearly rent during the terms to be granted as aforesaid, and shall be recovered and recoverable as such accustomed rent by the like remedies as such bishops or other ecclesiastical corporations may use for the recovery of the ancient and accustomed rent reserved upon such demises, and where such manors, messuages, lands, tenements or hereditaments shall be demised to any underlessee who shall be bound by any covenant or agreement to pay the land tax charged thereon, then and in such case the amount of such land tax shall be considered as rent reserved or made payable on such last-mentioned demise, and the same powers shall be had, used or enjoyed for the recovery thereof as for the recovery of such rent when in arrear.

89. And be it further enacted, that where any land tax chargeable on redeemed by any manors, messuages, lands, tenements or hereditaments which are or corporations, shall be holden by copy of court roll or other customary tenure of any manor or manors belonging to any body politic or corporate, or company, or any feoffees or trustees for charitable or other public purposes as aforesaid, by virtue of any lease or leases, shall have been or shall be redeemed by any such body politic or corporate, or company, or feoffees or trustees for charitable or other public purposes, under the powers contained in any of the said recited acts or this act, the amount of the land tax so redeemed or purchased shall be considered as rent reserved to such body politic or corporate, or company, or such feoffees or trustees for charitable or other public purposes as aforesaid, out of such copyhold or customary manors, messuages, lands, tenements or hereditaments, and be payable on the same days as such land tax was payable before the redemption thereof, and the same powers shall be had, used and enjoyed for the recovery thereof as for the recovery of rent in arrear.

The whole of Jands usually occupied to

consent of the persons first entitled in

90. And be it further enacted, that if any farm, and lands, tenements or hereditaments, usually occupied together, shall be proposed to be sold gether may be under the provisions of this act, which shall be more than sufficient for sold with the the purpose of redeeming the land tax, and in case it shall appear to the satisfaction of the respective commissioners under whose authority such sale is to be made that such farm and lands, tenements or hereditaments, remainder, by cannot be decided in order that an adequate part thereof may be sold authority of the commiswithout loss to the parties interested, and (in cases of sales by any person sioners. or persons other than bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes) if the person or persons who shall be entitled to the first or next beneficial estate in remainder, reversion or expectancy, being of full age, shall consent and agree to the sale of the whole of such farm and lands, tenements or hereditaments so proposed to be sold, on the terms and under the restrictions herein men

tioned, it shall be lawful in such case for such respective commissioners to direct and authorize the sale of the whole of such farm and lands, tenements or hereditaments, in the manner directed by this act.

any

Where persons redeem

their land tax by any other means than by sale, mortand when entitled to de

gage or grant,

raise money

could have

off money

borrowed on

graut.

91. And be it further enacted, that where any bodies politic or corporate, or companies, or any feoffees or trustees for charitable or other public purposes, or other person or persons, shall have redeemed or shall redeem their, his or her land tax, by or out of their, his or her own personal estate, or by or out of any trust property applicable to such redemption, by virtue of the said recited acts or of this act, or by any other means than by sale, mortgage or grant made or to be made under the provisions mand an asof the said recited acts or of this act, and also where any such bodies signment of politic or corporate, or companies, or feoffees or trustees for charitable or any land tax, other public purposes, or other person or persons, shall be entitled, under &c., they may any of the provisions of the said recited acts, to demand an assignment of in the same any land tax upon the determination of any precedent estate (in cases of way as they contracts already entered into by virtue of the said acts wherein an option done in the shall have been declared as therein is mentioned), or shall agree under first instance, the provisions of this act with the executors or administrators of as also to pay person dying before the transfer or payment of all the instalments to be transferred or paid upon any contract entered into by him or her, to take mortgage or an assignment of such contract for the purpose of completing the same, it shall be lawful for all and every such bodies politic and corporate, and companies, and feoffees or trustees for charitable and other public purposes, and other person or persons, either for the purpose of reimbursing all stock (in cases where the original consideration for the redemption of any such land tax shall have been in stock) and for reimbursing all sums of money (in cases where the original consideration for such redemption shall have been in money) which shall respectively have been before transferred, laid out or applied in the redemption of such land tax, or for the purpose of raising money to purchase any such assignment of land tax, or for the purpose of raising money as well to purchase the assignment of any contract not completed as to complete the instalments remaining due thereon as aforesaid, to carry into execution all and every or any of the powers by this act given, in order to raise money by sale, mortgage or grant, for the redemption of land tax, in such and the same manner, and under and subject to such and the same rules, restrictions and regulations, in all respects, as such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, or other person or persons, would have been authorized by this act to carry into execution the same powers for the purpose of redeeming any land tax in the first instance; and where any such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, or other person or persons, shall have redeemed or shall redeem any such land tax by and out of any monies which shall have arisen or been produced, or shall arise and be produced by any mortgage or grant which shall have been or shall be made by virtue of the said recited acts or of this act, it shall also be lawful, for the purpose of paying off any sums borrowed on that account, to carry into execution all and every or any of the powers by this act given in order to raise money by sale for the redemption of land tax, in such and the same manner, and under and subject to such and the same rules, restrictions and regulations in all respects, as such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, or other person or persons, would have been authorized by this act to carry into execution the same powers for the purpose of redeeming any land tax in the first instance.

Where any allowance

shall be made

out of any fee farm or other

rents in respect of the

land tax, they

may be sold subject to snch allow

ance.

Two months' notice of the intention to

sell any leasehold or copy shall be given to the person beneficially interested therein, during which period he

hold lands

shall have the pre-emption,

as shall one coparcener on

the refusal of

the others, and if the

price offered

92. And be it further enacted, that where any deduction or allowance shall have been or shall be made or allowed out of any fee farm or other rents or annuities issuing or payable out of any manors, messuages, lands, tenements or hereditaments, to or for the benefit of any bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, or other person or persons, in respect of the land tax charged or which shall have been charged on such manors, niessuages, lands, tenements or hereditaments, it shall be lawful for such bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, or other person or persons, to sell such fee farm or other rents or annuities, for the purposes and according to the provisions and under the restrictions of this act, subject to such deduction or allowance, and whether the land tax charged on the manors, messuages, lands, tenements or hereditaments out of which the same shall be issuing or payable shall have been or shall be redeemed at the time of such sale or not, and although the purchase monies for the same shall, in the judgment of the respective commissioners authorizing and approving of or consenting to such sale, be sufficient to redeem so much land tax only as shall be equal to the amount of the clear fee farm or other rent or annuity, after making such deduction or allowance as aforesaid; and every such fee farm or other rent or annuity shall thenceforth be freed and exonerated from land tax, and all future assessments thereof, and also from all deductions or allowances thereout in respect of land tax, other than and except such deduction or allowance as shall have been made or allowed at the time of such sale.

93. And be it further enacted, that where the fee simple and inheritance of any manors, messuages, lands, tenements or hereditaments holden under any beneficial lease or leases, or by copy of court roll, as herein before is mentioned, shall be proposed to be sold by virtue of this act, two calendar months' notice of such intended sale shall be given by the body politic or corporate, or company, or other person or persons proposing to sell the same, to the person or persons for the time being beneficially interested therein under the subsisting lease or leases or copy or copies of court roll thereof, or to his, her or their committee or committees in cases of lunacy, or guardian or guardians in cases of infancy, or in any other cases of incapacity to the trustee or trustees or other person or persons having authority to act for such person or persons incapable of acting for themselves, during which period of two months the person and persons so beneficially interested, or his, her or their committee or committees, guardian or guardians, trustee or trustees, or other person or persons having authority to act for him, her or them, on his, her, or their behalf, shall be entitled to contract for the purchase thereof, in preference to any other person or persons; and any one coparcener, or joint tenant, or reduced price tenant in common, beneficially interested as aforesaid, shall have the like months' fur- privilege of pre-emption in respect of the whole of the estate comprised ther notice, in any such lease or grant by copy of court roll, on the refusal of any unless the privilege of other coparcener, joint tenant or tenant in common, to contract for the pre-emption purchase of their respective shares; and such manors, messuages, lands, tenements or hereditaments shall not be sold to any other person or persons till after the expiration of such notice, unless the person or persons having the privilege of pre-emption on behalf of themselves or others shall, by writing under his, her or their hand or hands, waive the same, in which case such fee simple and inheritance may be sold to any other person or persons at any time before the expiration of such notice: provided always, that when any price shall have been offered for the purchase of any such

shall not be accepted the

lands shall not be sold at a

till after two

be waived.

manors, messuages, lands, tenements or hereditaments, by any person or persons having such privilege of pre-emption as aforesaid, which shall not be accepted by the body politic or corporate, or company, or other person or persons proposing to sell the same, such manors, messuages, lands, tenements or hereditaments shall not at any time afterwards be sold to any other person or persons for a less price than the price so offered by the person or persons having such privilege of pre-emption as aforesaid, till after the expiration of two calendar months' further notice given to such last-mentioned person or persons of the sale proposed to be made at such reduced price (and which further notice is hereby required to be given in every such case), during which further period such person or persons shall have the like privilege of pre-emption as aforesaid of such manors, messuages, lands, tenements or hereditaments, at such reduced price: provided also, that if such person or persons shall waive such privilege of pre-emption in manner aforesaid, such manors, messuages, lands, tenements or hereditaments may be sold to any other person or persons at such reduced price, at any time before the expiration of such period: provided also, that every such notice to any committee of any lunatic, or any guardian of any infant, or any other person having authority to act for any incapacitated person, shall be as valid and effectual to enable the sale of such manors, messuages, lands, tenements or hereditaments to any person or persons not having any interest in the subsisting lease or grant thereof, after the expiration of such notice, (or sooner, in case of the waiver of the privilege of pre-emption by any such committee, guardian or other person or persons having authority to act as aforesaid,) as if such notice or waiver had been given or made to or by any person or persons of capacity by law to act for themselves.

94. And be it further enacted, that no sale or mortgage of any copyhold or customary messuages, lands, tenements or hereditaments, by virtue of this act, shall extend or be construed to extend in anywise to prejudice or affect the right of any lord or lords, lady or ladies of any manor of which the same may be holden to such fine or fines as shall have been usual and accustomed and of right ought to be yielded and paid to such lord or lords, lady or ladies, upon any alienation of and admittance to such copyhold or customary messuages, lands, tenements or hereditaments, nor to authorize any purchaser or mortgagee of any such copyhold or customary messuages, lands, tenements or hereditaments, to enter and take any rents or profits thereof by virtue of this act, until such fine or fines shall have been duly paid: provided always, that upon the production of the deed of sale or mortgage, and upon the payment or tender of such fine or fines as aforesaid, the lord or lords, lady or ladies for the time being of any such manor shall, at the next or some subsequent court to be holden for such manor, upon request of the purchaser or mortgagee of any such copyhold or customary messuages, lands, tenements or hereditaments, not only grant the same to him, her or them, by copy of court roll for such estate or interest as shall be sold or conveyed, reserving the usual and accustomed rents, customs and services, but shall also at the same court admit him, her or them tenant or tenants of the same copyhold or customary lands or tenements as other copyholders of the same manors have been wont to be admitted, and to receive his, her or their fealty accordingly.

Sale or mortgage of copytomary lands not to affect

hold or cus

the right of the lord of

the manor to fines, &c

95. Provided always, and be it further enacted, that no other or greater No more of quantity of any estate (except in the case herein before mentioned) shall an estate (exbe sold by virtue of this act than what shall appear to the respective com- cept in a cermissioners, under whose authority the sale shall be made, eligible and shall be sold

tain case)