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41 Geo. Ill. whatsoever tbat may affect any such person or persons, party or parties, c. 65.

either as leaseholder or tenant at will, and the said justices shall and may give judgment for such sum or sums of money so to be assessed; which said

verdict or verdicts, and the said judgment and judgments, determination Verdict of the and determinations thereupon (notice in writing being given to the person Jury, &c. to be final.

or persons interested, or claiming so to be, at least fourteen days before the time of meeting of the said justice and jury, by leaving such notice at the dwelling-house of such person or persons, or at bis, her, or their usual place or places of abode, or with some tenant or occupier of some of the said houses, buildings, lands, tenements, or hereditaments intended to be valued or assessed) shall be binding and conclusive to all intents and purposes whatsoever, as well against the King's Majesty, his heirs and successors, as against all bodies politic, corporate and collegiate, and all and every person and persons claiming any estate, right, title, trust, use or interest in, to, or out of such houses, buildings, lands, tenements or hereditainents and premises, in possession, reversion, remainder or expectancy, as well as infants and issue unborn, lunatics, idiots and femes covert, and persons under any other legal incapacity or disability, as all other cestuique trusts, his, her, and their heirs, successors, executors and administrators, and against all other persons whomsoever; and the said verdicts, judgments, and determinations, and all other proceedings of the said justice and juries so to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, and signed by the clerk of the peace for the said riding; and in case it shall so happen that the sum or sums of money so to be assessed and awarded, in consequence of such refusal to treat and agree as aforesaid, as the value of such houses, buildings, lands, tenements or hereditaments, or as such proportionable value as aforesaid, and as the recompence and satisfaction to be made for the injury or damage sustained as before mentioned respectively, shall not exceed the sum or sums of money which the said mayor and burgesses in common council assembled, or any person or persons authorized by them, shall have previously offered to pay as and for such value, recompence and satisfaction, then and in every such case all the reasonable costs, charges and expences of causing and procuring such value and recompence to be assessed and awarded by a jury as aforesaid, and of so assessing and awarding the same, shall be borne and paid by the bodies politic, corporate or collegiate, or other person or persons so seised or possessed of, or interested in such houses, buildings, lands, tenements or hereditaments, and so refusing to treat and agree as before mentioned respectively; and the said mayor and burgesses in common council assembled are hereby authorized and empowered to deduct and retain the said costs, charges and expences out of the sum or sums of money so to be assessed or awarded as

aforesaid, or out of any part thereof. Upon Payment XVI. And be it further enacted, That upon payment of the sum or sums of the Value

of money so to be awarded and adjudged as aforesaid, after such deduction assessed, the Pre. mises to be

as aforesaid, if the case shall so require, to the person or persons to conveyed to the whom the same shall be so awarded, for the purchase of the said Mayor, &e. houses, buildings, lands, tenements or hereditaments, or for the pur

chase of any estate or interest therein, such person or persons shall make and execute, or procure to be made and executed, good, valid, and legal conveyances, assignments, and assurances in the law to the said mayor and burgesses, and their successors, or any person or persons in trust for them, of the said houses, buildings, lands, tenements, and hereditaments, of of such estate or interest for which such sum or sums of money shall be so awarded, and shall procure all necessary parties to execute such convey. ances, assignments, and assurances, and shall do all acts, matters, and things necessary and requisite to make and derive a good, clear, and perfect-title thereto to the said mayor and burgesses; and such conveyances, assignments, and assurances shall contain all such reasonable and usual covenants

as shall, on the part of the said mayor and burgesses, he required ; and in When a good case the person or persons to whom such sum or sums of money shall be Title cannot be

awarded as aforesaid, shall not be able to evince and make out a good and made, or legal Conveyances

sufficient title to the premises to the satisfaction of the said mayor and executed,

burgesses, and to make or procure to be made good, valid, and legal conveyances thereof to the said mayor and burgesses, or any person or persons in trust for them, or shall refuse so to do, being theceto required, and such

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sum or sums so assessed and awarded as aforesaid, after such deduction as 41 Geo. III. aforesaid, being produced and tendered to be paid to bim, her, or them, on their making such title, and executing or procuring to be executed such conveyances, assignments, and assurances as aforesaid, or shall refuse to accept or receive the same, being tendered to be paid to him, her, or them ; or in case any such person or persons to whom any sum or sums of money Or the Parties are as aforesaid shall be so awarded, cannot be found in the said town of pot to be found; Kingston-upon-Hull, or within two hundred miles thereof; or in case that by reason of disputes depending in any court of law or equity, or for defect of evidence, it shall not appear to the said mayor and burgesses in common council assembled, what person or persoos is or are entitled to the premises in question, then and in every such case it shall be lawful for the said Court to order

the Purchase mayor and burgesses to order the said sum or sums of money so assessed

Money to be paid and awarded as the value and purchase money for the said houses, build into the Bank. ings, lands, tenements and bereditaments as aforesaid, to be paid into the &c. bank of England, in the name and with the privity of the accountant general of the high court of chancery, to be placed to his account, to the credit of the parties interested in the said houses, buildings, lands, tenements or hereditaments (describing them) subject to the order, controul and disposition of the said court of chancery; which said court of chancery, Suliject to the on the application of any person or persons making claim to such sum.or Order of Court of

Chancery, on sums, or any part thereof, by motion or petition, shall be and is hereby

Motion or Peti. empowered, in a summary way of proceeding or otherwise, as to the same tion. court shall seem meet, to order distribution thereof, according to the respective estate or estates, title or interest of the person or persons making claim thereunto, and to make such other order in the premises as the same court shall think just and reasonable; and the cashier or cashiers of the bank of England, who shall receive such sum and sums, is and are hereby required to give a receipt or receipts for such sum or sums, mentioning and specifying for what and for whose use the same is or are received, to such person as shall pay any such sum or sums into the bank as aforesaid.

XVII. And be it further enacted, That all such verdicts, judgments, Verdicts to be determinations, orders and other proceedings of the said justice and juries recorded. as relate to or concern any of the cases before mentioned, and all receipts which the said cashier or cashiers of the bank shall give for any sum or sums of money paid into the bank in consequence of any such verdict and judgment, shall be entered among the records of the general quarter sessions of the peace for the said riding; and the said verdicts, judgments, sentences, decrees and orders, and other proceedings, shall be deemed and taken to be records, to all intents and purposes whatsoever; and the same, or true copies thereof, shall be deemed and taken to be good and effectual evidence and proof in any court or courts of law or equity whatsoever; and all persons shall and may have recourse to the same gratis, and to take copies Immediately thereof, paying for every copy not exceeding two hundred words sixpence, after Verdicts

and Payments, and so proportionably for any greater number of words; and immediately b

&c. Premises to after such verdicts, judgments, sentences, decrees, orders and other proceed. vest in Mayor, ings of the said justice and juries, and payment into the bank as aforesaid, &c. and after such receipt or receipts of the said cashier or cashiers shall be given as before mentioned, all the estate, right, title, interest, use, trust, property, claim and demand, in law and equity, of the person or persons to whose credit such money shall be paid, into and out of the houses, buildings, lands, tenements, hereditaments and premises to be purchased as aforesaid, shall vest in the said mayor and burgesses, and they shall be deemed in law to be in the actual seisin or possession thereof, to all intents and purposes whatsoever, as fully and effectually as if every person having any estate in the premises, had actually conveyed the same by lease and release, bargain and sale inrolled, feoffment with livery of seisin, fine, common recovery, or any other conveyance or assurance whatsoever; and such payment shall not only bar all right, title, interest, claim and demand of the person or persons to whose credit such payment shall have been made, but also shall extend to and be deemed and construed to bar the dower and dowers of the wife and wives of such person and persons, and all estates tail, and other estates in possession, reversion, remainder, or expectancy, and the issue and issues of such person and persons, and every person

41 Geo. III. claiming under them, as effectually as fines or common recoveries would c. 65.

do if levied or suffered by the proper parties in due form of law..

XVIII. And be it further enacted, That if any money shall be agreed or no awarded to be paid for any houses, buildings, lands, tenements, or heredita. Application of ments, purchased, taken, or used by virtue of the powers of this act, for the Compensation purposes thereof, which shall belong to any corporation, feme covert, inwhere exceeding fant, lunatic, or person or persons under any other disability or incapacity 200£.

aforesaid, such money shall, in case the same shall amount to the sum of two hundred pounds, with all convenient speed be paid into the bank of England, in the name and with the privity of the accountant general of the high court of chancery, to be placed to his account there ex parte the said mayor and burgesses, to the intent tbat such money shall be applied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition, to be preferred in a summary way by the person or persons who would have been entitled to the rents and profits of the said houses, buildings, lands, tenements, or hereditaments, in the purchase of the land tax, or towards the discharge of any debt or debts, or such other incumbrance, or part thereof, as the said court shall authorize to be paid, affecting other houses, buildings, lands, tenements or bereditanients standing settled therewith, to the same or to the like uses, intents or purposes; or where such money shall not be so applied, then the same shal be laid out and invested, under the like direction and approbation of the said court, in the purchase of other houses, buildings, lands, tenements, or bere. ditaments, which shall be conveyed and settled to, for, and upon such and the like uses, trusts, intents and purposes, and in the same manner as the louses, buildings, lands, tenements, or hereditaments which shall be so purchased, taken, or used as aforesaid stood settled or limited, or such of them as at the time of making such conveyance and settleraent shall be existing undetermined and capable of taking effect; and in the mean time and until such purchase shall be made, the said money shall, by order of the court of chancery, upon application thereto, be invested by the said accountant general, in his name, in the purchase of three pounds per centum consolidated or three pounds per centum reduced hank annuities; and in the mean time, and until the said bank annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said consolidated or reduced bank annuities shall from time to time be paid, by order of the said court, to the person or persons who would for the time being have been entitled to the rent and profits of the houses, buildings, lands, tenements or bereditaments so hereby directed to be purchased in case such purchase or settlement were made.

XIX. Provided always, and be it further enacted, That if any money so Application where the Money agreed or awarded to be paid for any houses, buildings, lands, tenements, does nos exceed or hereditaments purchased, taken, or used for the purposes aforesaid, and 200£. not less

belonging to any corporation, or to any person or persons under disability than 20£.

or incapacity as aforesaid, shall be less than the sum of two hundred pounds and sliall exceed the sum of twenty pounds, then and in all such cases the same shall (at the option of the person or persons for the time being entitled to the rents and profits of the houses, buildings, lands, tenements, or hereditaments so purchased, taken, or used, or of his, her, or their guardian or guardians, committee or committees, in case of infancy or lunacy, to be signified in writing under their respective hands) be paid into the bank, in the name and with the privity of the said accountant general of the high court of chancery, and be placed to bis account as aforesaid, in order to be applied in manner hereinbefore directed; or otherwise the same shall be paid (at the like option) to two trustees, to be nominated by the person or persons making such option, and approved of by the said mayor and burgesses (such nomination and approbation to be signified in writing under the hands of the nominating and approving parties) in order that such principal money and the dividends thereon may be applied in any manner herein before directed, so far as the case be applicable, without obtaining or being required to obtain the direction or approbation of tbe

court of chancery. Application

XX. Provided also, and be it further enacted, That where such money where money is so agreed or awarded to be paid as next before mentioned shall be less than 20 . less than twenty pounds, then and in all such cases the same shall be

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applied to the use of the person or persons who would for, the time being 41 Geo. Ill. have been entitled to the rents and proîts of the houses, buildings, lands, tenements or hereditaments so purchased, taken, or used for the purposes of this act, in such manner as the said mayor and burgesses shall think fit; or in case of infancy or lunacy, then to his, her, or their guardian or guardians, committee or committees, to and for the use and benefit of such person or persons so entitled respectively,

XXI. And be it further enacted, That the conveyarices of any such estate Bargains and or interest of any feme covert to the said mayor and burgesses, or any per. Sales to have the

Force of Fines son or persons in trust for them, by indenture or indentures of bargain and and Recoveries, sale, sealed and delivered by such feme covert in the presenre of and attested by two credible witnesses, and duly acknowledged, and enrolled at the register office in andfor the East Riding of the county of York and town and county of the town of Kingston-upon-Hull, within six calendar months after the making thereof, shall as effectually and absolutely convey the estate and interest of such feme covert in the premises, as any fine or fines, recovery or recoveries, would or could do if levied or suffered thereof in due form of law; and further, that all bargains and sales whatsoever to be made of any such houses, buildings, lands, tenements and hereditaments as shall be purcbased by the said mayor and burgesses by virtue of and for the purposes of this act, and eurolled as aforesaid, shall have the like force, effect and operation in law, to all intents and purposes, as any fine or fines, recovery or recoveries whatsoever would have had, if levied or suffered by the bargainer or bargainers, or any person or persons seised of any estate in the premises in trust for such bargainer or bargainers, in any legal manner or form wbatsoever.

XXII. Provided also, and he it further enacted, That where, by reason The Court of of any disability or incapacity of the person or persons or corporation Chancery may. entitled to any lands, tenements, or hereditam ints, to be purchased under er

undan order reasonable

Expences of Pur. the authority of this act, the purchase money for the same shall be required chases to be paid to be paid into the court of chancery, and applied in the purchase of other by the Mayor lands, tenements or hereditaments, to be settled to the like uses in pursu. and Burgesses. ance of this act, it shall be lawful for the said court of chancery to order the expences of all purchases from time to time to be made in pursuance of this act, or so much of such expence as the said court shall deen, reasonable, to be paid by the said mayor and burgesses, who shall from time to time pay such sums of money for such purposes as the said court shall direct.

XXIII. And be it further enacted, That all and every person and persons Personis having whomsoever having or claiming any right, title, interest, use, property.

any right. title, interest, use, property, any Right, xc, 10 claim and demand whatsoever, whether in possession, reversion, remainder en or expectancy,,into or out of any houses, buildings, lands, tenements, or

Claims within a

limited Time, or hereditaments, which by virtue and for the purposes of this act shall be be barred. purchased by, and conveyed or mentioned or intended to be conveyed io the said mayor and burgesses, or any person or persons in trust for them, by any such bargain and sale as aforesaid, shall, within the space of five years, to be computed from the date of the enrolment of such bargain and sale, enter a memorial of such their right, title, interest, usé, property, claim and demand, in a book to be for that purpose prepared and kept by the town clerk of the said town of Kingston-upon-Hull, which book the said town clerk is hereby required to prepare and keep accordingly, and for which entry he shall be entitled to such fee, and no other, as the register of the east riding of the county of York is by law entitled to for the registry of a memorial contai:ing the same number of words; and all and every person and persons whomsoever, not entering such right, claim and demand witbin such time and in such manner as aforesaid, or having so entered the same, and not prosecuting such their right, claim or demand with effect within the space of five years, to be computed from the time of such entry, shall be for ever barred of all right, title, use, equity, property, claim and demand whatsoever, whether in possession, reversion, remainder, or expectancy, into, upon, or out of the said premises, and every part thereof, and the said mayor and burgesses, and those claiming by, from, or under them, shall be quieted in the possession of all such houses, buildings, lands, tenements, bereditaments and premises; any law, statute, usage, matter or thing - whatsoever to the contrary notwithstanding.

41 Geo. IIJ. XXIV. Provided nevertheless, and be it further enacted, That any person

or persons barred of any right, title, estate, interest, claim, or demand what. c. 65.

soever, into or out of the said bouses, buildings, lands, tenements or heredia

taments, by virtue of this act, shall be at liberty to bring any action or But may recover

actions of debt, or for money had and received to his, her, or their use, the Purchase against any person or persons, or the legal representatives of any person or Money, &c. from persons who shall have received all or any part of the purchase money Persons receiving arising from such sale of the said houses, buildings, lands, tenements, herethe same,

ditaments, and premises aforesaid ; and that in every such case the respective plaintiffs, on proof of such title as would enable them to recover such houses, builtings, lands, tenements or hereditaments, or any part thereof, or any estate or interest in the same, shall recover the said purchase money, or so much thereof as shall be equivalent to the mesne profits of the premises which they would have been entitled to recover in case this act had

not been made. Tenant at Will, XXV. And be it further enacted, That every tenant at will, or lessee for &c. to deliver a year, or any other person or persons in possession of any such houses, Possession on Six buildings, lands, tenements, hereditaments and premises, or any part thereof, Months Notice.

which shall be purchased by virtue of and for the purposes of this act, and who shall have no greater interest in the premises than as tenant at will, or as lessee for a year, or from year to year, shall deliver up the possession of such premises to the said mayor and burgesses, or to such person or persons as the said mayor and burgesses in common council assembled shall appoint to take possession of the same, upon having six calendar months notice to quit such possession from the mayor and burgesses in common council assembled, or the person or persons so authorized by them; and such person or persons in possession shall, at the end of the said six calendar months, or so soon after as he or they shall be required, peaceably and quietly deliver up the possession of the said premises to the said mayor and burgesses, or the person or persons authorized by the said mayor and burgesses in common council assembled to take possession thereof; and that in case any such person or persons so in possession as aforesaid, shall refuse to give such possession as aforesaid, then it shall be lawful for any justice of the peace for the said town and county of the said town of Kingston. upon-Hull, to issue his precept or precepts to the sheriff of the said town and county, to deliver possession of the premises to such person or persons as shall in such precept or precepts be nominated to receive the same; and the said sheriff is hereby required to deliver such possession accordingly of the said premises, and to levy such costs as shall accrue from the issuing and execution of such precept or precepts on the person or persons so refus. ing to give possession as aforesaid, by distress and sale of his, her, or their goods,

XXVI. And be it further enected, That all and every person and persons Mortgagees, on Tender of Prin. who shall have any mortgage or mortgages on such houses, buildings, cipal and Interest lands, tenements and bereditaments, not being in possession thereof by to convey.

virtue of such mortgage or mortgages, shall, on the tender of the principal money and interest due thereon, together with the amount of six calendar months interest on the said principal money, by the said mayor and bur. gesses in common council assembled, or by such person or persons as they shall appoint, immediately convey, assign and transfer such mortgage or mortgages to the said mayor and burgesses, or to such person or persons as they the said mayor and burgesses in common council shall appoint; or in case such mortgagee or mortgagées shall have notice in writing from the said mayor and burgesses in common council assembled, or such person or persons as they shall appoint, that they will pay off and discharge the principal money and interest which shall be due on the said mortgage or mortgages at the end or expiration of six calendar months, to be computed from the day of giving such notice, that then at the end of the said six calendar months, on payment of the principal and interest so due, such mortgagee .tor mortgagees shall convey, assign, and transfer his, her, or their interest in

the premises to the said mayor and burgesses, or such person or persons as On Refusal, shall be appointed in trust for them : and in case such mortgagee or mortloterest to cease. gagees shall refuse to convey and assign as aforesaid on such tender or

payment, that then all interest on every such mortgage "shall from thenceforth cease and determine.

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