the bank of England, in manner by this act directed, (as the case may be) such lands, tenements and hereditaments may be taken and used for the purposes of this act, and from thenceforth all parties and persons whomso ever, shall be divested of all right and title, claim or reversion to such lands, tenements or hereditaments which shall thereupon vest in the "Kingstonupon-Hull Gas Light Company," and their successors; and it shall be lawful for the said company, and their successors, to hold such lands, tenements and hereditaments, and any term, right and interest therein so purchased as aforesaid, without incurring or being subject to any of the penalties or forfeitures of the statutes of mortmain, or of any other law or statute whatsoever; and also at any time or times thereafter, to sell or dispose of the said lands, tenements or hereditaments, or any of them, as they shall think proper, and from time to time to purchase and hold other lands, tenements or hereditaments more suitable for the uses and purposes of this act, and again to sell the same in like manner. VIII. And be it further enacted, That it shall be lawful for all bodies politic, corporate or collegiate, corporations aggregate or sole, and all tenants for life or in fee tail, general or special, or for any term or terms of years absolute or determinable on any life or lives, and all feoffees in trust, executors, administrators, husbands, guardians, committees for lunatics and idiots, and other trustees whomsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of their cestui que trusts respectively, whether infants or issue unborn, lunatics, idiots or femes covert, or other persons under any disability of acting for themselves, and also for all femes covert who are or shall be seised, possessed of, or interested in their own right, and for all and every other persons and person whomsoever who are or shall be seised, possessed of, or interested in any lands, tenements or hereditaments which shall be thought necessary by the said company to be purchased for the uses and purposes of this act, to contract and agree with the said company, or the said committee of management, for the sale thereof, or of any part thereof, and to sell and convey the same, or any part thereof, and all estate, right, title and interest whatsoever of, in, and to the same to the said company, and their successors, for the purposes of this act; and all contracts, bargains, sales and conveyances, which shall be so made by virtue and in pursuance of this act, shall without any fine or fines, recovery or recoveries, or other conveyances or assurances in the law whatsoever, and without enrolment, be good, valid and effectual to all intents and purposes not only to convey the estate and interest of the party or parties so conveying, but also to convey all right, estate, interest, use, property, claim and demand whatsoever of their said several cestui que trusts, and of all persons whomsoever, claiming or to claim by, from, or under them, and of all persons entitled in remainder or reversion expectant on any such particular estate, and the same shall be deemed and considered to bar the edower and dowers of the wife and wives of such party or parties, and all estates tail and other estates in possession, reversion, remainder or expectancy, and the issue and issues of such party and parties claiming under them, or any of them respectively; any law, statute or usage or any other matter or thing whatsoever to the contrary thereof in anywise notwithstanding; and all bodies corporate or collegiate, corporations aggregate or sole, and all tenants for life or in fee tail, general or special, or for any term or terms of years absolute or determinable on any life or lives, and all feoffees in trust, executors, administrators, husbands, guardians, committees, trustees, and all other persons whomsoever, are and shall be indemnified for what they shall do by virtue and in pursuance of this act. IX. And be it further enacted. That if any money shall be contracted and agreed to be paid for any lands, tenements or hereditaments, purchased by virtue of the powers of this act for the purposes thereof, which shall belong to any body corporate, collegiate or ecclesiastical, tenant for life or in tail, trustee, feme covert, infant, lunatic, or other person or persons under any disability or incapacity as aforesaid, such money shall, in case the same > shall amount to or exceed 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, " Exparte the Kingston-upon-Hull Gas Light Company," to the intent that such money may be applied under the direction and with the approbation of the said court (to be signified by an order made upon a c. 45. 2 Geo. IV. petition to be preferred in a summary way by the party or parties who would have been entitled to the rents and profits of the said lands, tene ments and 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 the same lands, tenements or hereditaments, or affecting other lands, tenements or hereditaments standing and being settled therewith to the same or the like uses, intents or purposes; or where such money shall not be so ap-> plied, then the same shall be laid out and invested under and with the like direction and approbation of the said court in the purchase of other lands, tenements and hereditaments 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 lands, tenements and hereditaments which shall be purchased for the purposes of this act stood and were settled and limited, or such of them as at the time of making such conveyance and settlement shall be existing undetermined and capable of taking effect; and in the meantime, and until such purchase shall be made, the said money shall by order of the said court, 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 bank annuities; and in the meantime, 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 party or parties who would for the time being have been entitled to the rents and profits of the said lands, tenements and hereditaments so hereby directed to be purchased, in case such purchase or settlement were made. Application of Purchase Money, when less than 200£. and exceeding 20€. Application of Money not exceeding 20£. 12 In case of questionable Title, Persons in Possession to be deemed the Owners. X. Provided always, and be it further enacted, That if any money so contracted and agreed to be paid for any lands, tenements or hereditaments to be purchased for the purposes of this act, which shall belong to any body corporate, collegiate or ecclesiastical, tenant for life or in tail, trustee, feme covert, infant, lunatic, or any other person or persons under disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, then and in all such cases, the same shall, at the option of the party or parties for the time being, entitled to the rents and profits of the lands, tenements or hereditaments so purchased, or of his, her or their guardian or guardians, committee or committees in cases of infancy, idiotcy or lunacy, to be signified in writing under their respective hands, be paid into the bank of England in the name and with the privity of the accountant general of the high court of chancery, and be placed to his account in manner aforesaid, in order to be applied in manner herein before directed, or otherwise the same shall be paid at the like option to two trustees, to be named by the party or parties making such option, and approved by three or more of the committee of management of the said company, (such nomination and approbation to be signified by writing under the hands of the nominating and approving parties) in order that such principal money and the dividends to arise thereon may be applied in any manner herein before directed, so far as the case shall be applicable, without obtaining or being required to obtain the direction or approbation of the said high court of chancery. XI. Provided also, and be it further enacted, That where such money so contracted and agreed to be paid as aforesaid, shall not exceed the sum of twenty pounds, then and in all such cases, the same shall be applied to the use of the party or parties who would for the time being have been entitled to the rents and profits of the lands, tenements or hereditaments so to be purchased for the purposes of this act, in such manner as the said committee of management, or any three or more of them, shall think fit, or in case of infancy, idiotcy or lunacy, then to the guardian or guardians, committee or committees of the infants, idiots or lunatics entitled to such rents and profits to and for the use and benefit of such infants, idiots or lunatics respectively. XII. Provided always, and be it further enacted, That where any question shall arise touching the title of any party or parties to any money to be paid into the bank of England in the name and with the privity of the accountant general of the high court of chancery in pursuance of this act. for the purchase of any lands, tenements or bereditaments, or of any estate; right or interest in any lands, tenements or hereditaments to be purchased by the said company in pursuance of this act, or to any bank annuities to be purchased with any such money, or to the dividends or interest of any such bank annuities, the party or parties who shall have been in possession of such lands, tenements or hereditaments at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands, tenements or hereditaments according to such possession, until the contrary shall be shewn to the satisfaction of the said court; and the dividends or interest of the bank annuities to be purchased with such money, and also the capital of such bank annuities shall be paid, applied and disposed of accordingly, unless it shall appear to the said court that such possession was a wrongful possession, and that some other party or parties was or were lawfully entitled to such lands, tenements or hereditaments, or to some estate or interest therein. Y XIII. Provided also, and be it further enacted, That where by reason of any disability or incapacity of the party or parties entitled to any lands, tenements or hereditaments to be purchased under the authority of this act, or by reason of such lands, tenements or hereditaments being held upon or under or subject to trusts then subsisting and undetermined, the purchase money for the same shall be required to be paid into the bank of England, and to be applied in the purchase of other lands, tenements or hereditaments to be settled to the like uses in pursuance of this act, it shall be lawful for the said high court of chancery to order the expences of making contracts for and completing all purchases from time to time to be made in pursuance of this act, or so much of such expences as the said court shall deem reasonable to be paid by the said company, who shall from time to time pay such sums of money for such purchases as the said court shall direct. XIV. And be it further enacted, That upon payinent of the money so contracted or agreed to be paid for the purchase of such lands, tenements or hereditaments by the said company to the party or parties respectively entitled to the same, or their agents, or upon payment thereof into the bank of England, for the purpose of being disposed of in manner herein before directed, as the case may be) and a receipt or receipts, certificate or certificates obtained for such payment or payments, all the estate, right, title, interest, use, trust, property, claim and demand in law or equity of the party and parties, and person and persons respectively, to whom or for whose use the same shall be paid in, to, or out of such lands, tenements or hereditaments, shall vest in the said company, and their successors for ever, for effecting the uses and purposes of this act; and the said company shall immediately thereupon 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 and assured the same lands, tenements and hereditaments unto the said company, their successors and assigns, conformably to the directions and according to the form herein prescribed. XV. And be it further enacted, That all sales, conveyances and assurances of any lands, tenements or hereditaments to be made to the said company and their successors, shall be made in the form or to the effect following; (that is to say,) 66 in consideration of the sum of I paid to me [or, us, or, into the bank of England, as the case may be]. 66 by "The Kingston-upon-Hull Gas Light Company;" do hereby grant, release, convey and confirm [or, assign, as the case may be] "to the said company and their successors, all [describe the premises "to be conveyed] and all my [or, our] right, title, estate and interest "in and to the same and every part thereof: to hold the same to the "said company and their successors and assigns for ever, [or, as the case may be, during all the remainder of my, or, our term, estate or "interest in the said premises.] In witness whereof, I [or, we] have " hereunto set my hand and seal, [or, our hands and seals, or, our common seal, as the case may be] this 66 day of 2 Geo. IV. e. 45. Resale of Lands not wanted, Capital Stock not to exceed 17,000.£. The Company or Subscribers to share in the Stock, in proportion to their Subscriptions. Company's able for the Debts and the Shareholders to the amount of their Subscriptions. Which sale, conveyance and assurance so made, shall at all times be good, valid and effectual to all intents and purposes whatsoever, quoad the party or parties making the same, and his, her or their cestui que trusts, and all other persons claiming or to claim by, from under, or in trust for him, her, or them respectively. XVI. And be it further enacted, That it shall be lawful for the said company from time to time to sell and dispose of, and by indenture or indentures under their common seal, to grant and convey, by way of absolute sale in fee simple for a competent consideration in money, all or any part or parts of the lands, tenements or hereditaments which may have been so purchased, and which shall not be wanted for the purposes of this act, and upon payment of the money which shall arise by or from the sale or sales of such lands, tenements or hereditaments, or of any part or parts thereof, it shall and may be lawful for the treasurer, (if only one, or if more than one, for the treasurers, who, if engaged in partnership together, may sign in their style or firm, by any one of such firm) for the time being to the said company, to sign and give a receipt or receipts for the money for which the same shall be sold, which receipt or receipts shall be a sufficient discharge to any purchaser or purchasers for the money therein and thereby expressed or acknowledged to be received; and such purchaser or purchasers having bona fide paid the same and obtained such receipt or receipts for the same, shall not afterwards be answerable or accountable for any loss, misapplication or non-application of such purchase money, or any part thereof. XVII And be it further enacted, That the capital or joint stock of the said company to be used and applied in establishing and carrying on the said undertaking and the purposes aforesaid, shall not exceed the sum of seventeen thousand pounds, and that the said company shall not be autho rized to enter upon the execution of any of the works for which powers are hereby given, until the sum of thirteen thousand and five hundred pounds shall have been first subscribed for that purpose. XVIII. And be it further enacted, That it shall be lawful for the said company, by their committee of management hereinafter mentioned, under the advice and direction of any general meeting to be held by the said company for that purpose, to borrow and take up on loan at interest any sum or sums of money for the use of the said company, not exceeding in the whole the sum of four thousand two hundred and fifty pounds, and to grant, execute and deliver to and in favour of the lenders, or those having right to require the same, such bonds or obligations in writing as may be required or may be necessary, having the common seal of the said company set and affixed thereto, whereby the said company and their successors shall be bound or obliged for payment of the sum or sums of money so borrowed, with such interest (not being more than legal interest) as shall be agreed on. XIX. And be it further enacted, That all and every person and persons, bodies corporate and politic, by or for whom any subscription shall be made or accepted, or any payment made pursuant to the orders of any general meeting, to be held by the said company for that purpose, for or towards the raising of the said capital sum of seventeen thousand pounds as aforesaid, his, her or their executors, administrators, successors and assigns respectively (no such subscription being less than twenty-five pounds) shall have and be entitled to a share of and in the said capital joint stock of the said company, in proportion to the monies which he, she or they shall have so contributed towards the same, and shall have and be entitled to a proportionable share of the profits and advantages attending the capital stock of the said company, and shall be admitted to be a proprietor or proprietors of and in the same. XX. Provided always, and be it further enacted, That the estate and effects of the said company shall at all times be liable and answerable for the just debts and demands of the creditors of the said company, and that the several persons and bodies corporate and politic composing the said company, shall respectively stand responsible for all just debts and demands of the creditors of the said company, rateably and in proportion to the number and amount only of their respective shares in the capital of the said joint stock: provided always, That whenever two or more persons shall have jointly subscribed for or shall be jointly possessed of any one or more share or shares in the said undertaking, such persons shall severally and respectively be answerable for the proportional amount of such share or shares, but not further or otherwise as aforesaid. XXI. And be it further enacted, That the said sum of seventeen thousand pounds shall be divided into shares of twenty-five pounds sterling each, and that no person or persons, or bodies corporate or politic shall be a subscriber or subscribers for a less sum than twenty-five pounds sterling, nor hold more than twenty-five shares, unless the excess shall devolve to him, her or them by marriage or death; and all shares in the said undertaking, and in the net profits and advantages thereof, shall be deemed personal estate, (and not of the nature of real property,) and shall be transmissable accordingly. XXII. And be it further enacted, That the several persons and bodies corporate and politic, who have subscribed for or towards the said undertaking, or who shall at any time hereafter have or hold any share or shares in the same, shall and they are hereby respectively required to pay the sum or sums of money by them respectively subscribed and to be subscribed, or such parts or proportions thereof as shall from time to time be called for, pursuant to or by virtue of the powers and directions of this act, at such times and places, to such person or persons and in such manner as shall be ordered and directed by the said company, or their committee of management; and in case any person or persons, or bodies corporate or politic shall neglect or refuse to pay any such money, at such times and in such manner as shall be ordered and directed by the said company or their committee of management as aforesaid, it shall be lawful for the said company to sue for and recover the same, by action of debt or otherwise, in any of his Majesty's courts of record at Westminster, together with the lawful interest for the same, from such appointed time of payment and all costs of suit, from such person or persous, or bodies corporate and politic, respectively, or in cases where two or more persons or bodies corporate and politic shall have jointly subscribed for, or be jointly possessed of any one or more share or shares in the said undertaking, then from all, any or either of such joint subscribers. XXIII. And be it further enacted, That the said company shall and they are hereby required within three calendar months after the passing of this act, to cause the names and designations of the several persons and bodies corporate and politic, who have subscribed for or may at any time hereafter be entitled to a share or shares in the said joint stock, with the number of shares possessed by each subscriber, and also the proper number by which every share shall be distinguished, to be fairly and distinctly entered in a book to be kept by the clerk to the said company, to be appointed as hereinafter mentioned; and after such entry, a certificate under the com mon seal of the said company shall be delivered to every proprietor, or in case of more persons than one being jointly interested, then to any one of them upon demand, specifying the share or shares to which he, she or they is or are entitled in the said joint stock; and such certificate shall be admitted in all courts whatsoever as evidence of the title of such proprietor or proprietors, his, her or their executors, administrators, successors or assigns to the share or shares therein specified; but the want of such certificate shall not hinder the proprietor of any such share from selling or disposing thereof; and in case such certificate shall not be produced or forthcoming, the said entry, or a true copy thereof, shall be deemed suffi. cient prima facie evidence of title. 2 Geo. IV. c. 45. Stock to be To compel Names of Proprietors to be entered, and cer tificates of their Shares delivered to them. XXIV. And be it further enacted, That in case the corporation of mayor The Corporations and burgesses of the said town of Kingston-upon-Hull, the corporation of to vote by their the guild or brotherhood of masters and pilots seamen of the Trinity-house of Officers, to whom Notices are to be Kingston-upon-Hull, and the corporation of the dock company of Kingston- given. upon-Hull, or any or either of them, shall at any time become proprietors of shares in the said undertaking, it shall be lawful for the said mayor and burgesses, by the mayor for the time being, or by any one of the aldermen of the said town of Kingston-upon-Hull, to be deputed by such mayor by writing under his hand, for the said guild or brotherhood, by the acting warden for the time being, or his deputy, or by any one of the elder brethren or assistants of the same guild or brotherhood, to be deputed by such warden or deputy warden, by writing under his hand, and for the said |