41 Geo. III. c. 30. Or the Parties are not to be Commissioners to order the Purbe paid into the chase Money to Bank, &c. shall not be able to evince and make out a good and sufficient title to the LI. And be it further enacted, That immediately after such verdicts, judgments, and proceedings of the said justices and juries, and payment into the bank as aforesaid, and after such receipt or receipts of the said cashier or cashiers shall be given and filed 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, in, to, and out of the lands, tenements, buildings, hereditaments, and premises, to be purchased as aforesaid, shall vest in the said commissioners and their successors, in trust for effecting the purposes hereby intended, 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 in rolled, feoffment with livery of sersin, fine, common recovery, surrender, 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 claiming under them, as effectually as fines or common recoveries would do, if levied or suffered by the proper parties in due form of law. LII. And be it further enacted, That if any money shall be agreed or awarded to be paid for any lands, tenements, buildings, or other hereditaments, purchased, taken, or used by virtue of the powers of this act for the Subject to the Court of Immediately after Verdicts and Payments, &c. Estates to vest in the Commissioners. Application of 41 'Geo. III. c. 30. Application where the Com pensation Money does not exceed 200£. and above 20£. Application where the Money is less than 20£. purposes thereof, which shall belong to any corporation, feme covert, infant, lunatic, or person or persons under any disability or incapacity as 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 ex parte the commissioners for executing this act, to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be sig. nified 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 lands, tenements, buildings, or other 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, buildings, or other hereditaments, or affecting other lands, tenements, buildings, or other hereditaments standing settled therewith, to the same or the like uses, intents, or purposes; or where such money shall not be so applied, then the same shall be laid out and invested, under the like direction and approbation of the said court, in the purchase of other lands, tenements, buildings, or other 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, buildings, or other 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 settlement, 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 bank annuities; and in the mean time and until the said 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 rents and profits of the lands, tenements, buildings, or other hereditaments so hereby directed to be purchased, in case such purchase or settlement were made. LIII. Provided always, and be it further enacted, That if any money so agreed or awarded to be paid for any lands, tenements, buildings, or other hereditaments, purchased, taken, or used for the purposes aforesaid, and belonging to any corporation, or to any 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 person or persons for the time being entitled to the rents and profits of the lands, tenements, buildings, or other 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 his account as aforesaid, in order to be applied in manner hereinafter 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 three or more of the said commissioners (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 dividends arising thereon, may be applied in any manner hereinbefore directed, so far as the case be applicable, without obtaining, or being required to obtain, the direction or approbation of the court of chancery. LIV: Provided also, and be it further enacted, That where such money so agreed or awarded to be paid as next before mentioned, shall be less than the sum of twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the lands, tenements, buildings, or other hereditaments so purchased, taken, or used for the purposes of this act, in such manner as the said commissioners, or any three or more of them, 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. LV. And be it further enacted, That the surrender or conveyance of any such estate or interest of any feme covert to the said commissioners, or any person or persons in trust for them, by indenture or indentures of bargain and sale, sealed and delivered by such feme covert in the presence of, and attested by two credible witnesses, and duly acknowledged, and to be inrolled in the register office established at Beverley, in the East Riding of the county of York, for the registering of deeds, conveyances, and wills affecting freehold lands, tenements, and hereditaments lying in the said East Riding, within six calendar months next 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 lands, tenements, buildings, and hereditaments as shall be purchased by the said commissioners, by virtue of and for the purposes of this 2ct, and inrolled 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 what soever. LVI. And be it further enacted, That all and every person and persons whomsoever, having or claiming any right, title, interest, use, or property, claim, or demand whatsoever, whether in possession, reversion, remainder, or expectancy, in, to, or out of any lands, tenements, buildings, or hereditaments, which by virtue and for the purposes of this act shall be purchased by, and conveyed, or mentioned or intended to be conveyed to the said commissioners, 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 time of the accruer of the title to the possession of the person or persons so claiming, enter a memorial of such their right, title, interest, use, property, claim, and demand, in a book to be for that purpose prepared and kept by the clerk to the said commissioners, which book the said 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 for the register office for the said East Riding is by law entitled to for the registry of a memorial containing the same number of words; and all and every person and persons whomsoever, not entering such right, claim, and demand, within such time and in such manner as aforesaid, or having entered the same and not prosecuting such right, claim, or demand with effect, within the space of twelve calendar months, to be computed from the time of such entry, shall for ever be barred of all right, title, use, equity, claim, and demand whatsoever, whether in possession, reversion, remainder, or expectancy, in, to, upon, or out of the said premises, and every part thereof, and the said commissioners and their trustees, and those claiming by, from, or under them, shall be quieted in the possession of all such lands, tenements, buildings, and hereditaments; any law, statute, usage, matter, or thing whatsoever, to the contrary notwithstanding. LVII. Provided nevertheless, and be it further enacted, That any person or persons barred of any right, title, estate, interest, claim, or demand what soever, in, to, or out of the said lands, tenements, buildings, or hereditaments, by virtue of this act, shall be at liberty to bring any action or actions of debt, or for money had and received to his, her, or their use, against any person or persons who shall have received all or any part of the purchase money arising from such sale of the said lands, tenements, buildings, hereditaments, and premises aforesaid, and that in every such case the respective plaintiffs, in proof of such title as would have enabled him to recover such lands, tenements, buildings, 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 interest in the said premises, together with such interest 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. 41' Geo. III. c. 36. Tenant at Will, &e to deliver Possessions For paying off Mortgages on Lands used by the Commis sioners. Purchase Money to be paid or tendered before any Use made of the Estate. Commissioners empowered to let, sell, &c. any Ground not necessary for the Purposes of the Act. Former proprietors to have LVIII. And be it further enacted, That every lessee or tenant for years, or a year, or at will, or any other person or persons in possession of any such lands, tenements, buildings, or hereditaments which shall be purchased by virtue of and for the purposes of this act, shall deliver up the possession of such premises to the said commissioners, or to such person or persons as they shall appoint to take possession of the same, upon having notice from the said commissioners, or the person or persons so authorized by them, to quit the same at such time or times as shall be required by such notice, they the said commissioners, or such person or persons making such recompence to every such tenant or lessee as aforesaid, in case such tenant or lessee shall be required to quit before the expiration of his, her. or their term in the premises, as the said commissioners shall deem just and reasonable; and in case any dispute or difference shall arise concerning the same, it shall and is hereby required to be referred to the determination of a jury, to be impannelled in manner aforesaid; and such person or persons in possession shall, at such time or times as he, she, or they shall be required, peaceably and quietly deliver up the possession of the said premises to the said commissioners, or to the person or persons authorized by them 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 the said commissioners to issue their precept or precepts to the sheriff of the county of York, 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 of the said premises accordingly, and to levy such costs as shall accrue from the issuing and execution of such precept or precepts, on the person or persons so refusing to give possession as aforesaid, by distress and sale of his, her, or their goods. LIX. And be it further enacted, That in case any lands to be used for the purposes of this act, shall happen to be in mortgage to any person or persons, it shall be lawful for the said commissioners, upon application being made to them by each mortgagee or mortgagees, his, her, or their executors or administrators, and the said commissioners are hereby authorized and required to pay such sum or sums of money, after the same shall have been so agreed for and adjusted, or assessed in manner aforesaid, for such lands in mortgage, in part of the principal money that shall be due upon such mortgage or mortgages, unto such mortgagee or mortgagees, his, her, or their executors or administrators: provided always, that upon receipt of such sum or sums, such mortgagee or mortgagees, his, her, or their executors or administrators respectively, shall acknowledge the receipt of such sum or sums of money, by an indorsement to be made upon the back of such mortgage or mortgages, and signed by such mortgagee or mort gagees, his, her, or their executors or administrators respectively, in the presence of one or more credible witness or witnesses, in satisfaction of so much of the principal money due upon such mortgage or mortgages. LX. And be it further enacted, That all sums of money, or other consideration, recompence, or satisfaction, to be paid or made pursuant to any such agreement, surrender, conveyance, or verdict as aforesaid, or in discharge of any such mortgage, shall be paid or tendered to the party or parties entitled to the same, or be paid into the bank of England as afore said, before the said commissioners, or any person or persons authorized by them, shall proceed to pull down any house or houses, or other erections or buildings, or to make use of any lands comprised in or affected by such. agreement, conveyance, surrender, verdict or mortgage respectively. LXI. And whereas some part or parts of the lands, tenements, buildings, or hereditaments so to be purchased as aforesaid, may happen to be more than necessary to be made use of for the purposes of this act; Be it therefore further enacted, That it shall be lawful for the said commissioners to let, sell, or dispose of, and convey or cause to be let, sold, or disposed of and conveyed, such part or parts of the said lands, tenements, buildings, and hereditaments, to such person or persons as shall be willing to contract, agree for, rent, or purchase the same, and the money arising therefrom shall be paid and applied for the purposes of this act. LXII. Provided always nevertheless, and it is hereby declared and enacted, That the former proprietor or proprietors of such part or parts of the same lands, tenements, buildings, or hereditaments, as may not be necessary to be made use of for the purposes of this act, shall have the preference of taking, renting, or purchasing the same. 41 Geo. III. c. 30. the same. LXIII. And, for raising money for answering and defraying the expences attending the obtaining of this act, and carrying into execution the several preference of purposes thereof (except those hereinafter mentioned and excepted) Be it taking, renting, further enacted, That the said commissioners shall, and they are hereby or purchasing authorized and required, once or oftener in every year, as they shall see occasion, to cause such sum of money to be raised by a rate or assessment Rates. upon the several tenants or occupiers of houses, warehouses, shops, cellars, vaults, stables, coach houses, brewhouses, granaries, malthouses, and other buildings which are already tnade or built, or shall hereafter be made or built within the said parish as aforesaid, and upon the several gardens, yards, or lands thereto respectively belonging and adjoining, and upon all gardens, orchards, paddocks, closes, tenements, and hereditaments adjoining to or upon any of the streets, squares, lanes, or other public passages or places which are already made or built and making or building, and which shall hereafter be made or built within the said parish of Sculcoates, and which shall be lighted, watched, and cleansed by virtue and in pursuance of this act, according to the annual rent or value of the same respectively, not exceeding in any one year the sum of two shillings in the pound upon such annual rent or value, as the said commissioners shall think proper and necessary, for paying and defraying the several charges and expences attending the obtaining and passing of this act, and of cleansing, lighting, and watching such streets, squares, lanes, and other public passages and places as aforesaid, and of purchasing and providing a sufficient number of lamps, lamp posts, and lamp irons, and of keeping the same in repair from time to time, and all other charges and expences incidental thereto, under the orders and regulations by this act provided, and directed to be observed and made, and all other charges and expençes incidental to and attending the execution of this act, except so far as relates to the flagging and paving, altering, amending, or repairing the present and future footways and car. riage ways of the same streets, squares, lanes, and other public passages and places, and which last-mentioned charges are not to be included in, or discharged or defrayed by such rate or assessment as aforesaid, such annual rent or value to be from time to time settled, ascertained, and fixed according to the respective rents which such houses, warehouses, shops, cellars, vaults, stables, coach houses, brewhouses, granaries, malthouses, buildings, gardens, orchards, paddocks, closes, tenements, or hereditaments, are or shall be rated or taxed at or for the relief of the poor; but if in any such poor rates any person or persons shall be omitted to be rated, then the name or names of such person or persons so omitted shall be added to the rate or assessment hereby directed to be made, and he, she, or they shall be rated and assessed according to the just and true value or letting of the premises by him, her, or them occupied; and where any such premises lie intermixed, or are jointly held with any other premises that shall not be rated in pursuance or in virtue of this act, then the same shall be rated and assessed in proportion as the whole premises are rated in any such poor rates; and in case of such omission as aforesaid, then in proportion to the just and true value in letting of the whole premises; and where in any case the rates or assessments to be raised and levied as aforesaid, in respect of any of the premises hereby made liable to be rated, cannot be settled, fixed, or ascertained by either of the ways aforesaid, then the commissioners shall rate and assess such premises as last aforesaid, at such annual sum as they the said commissioners shall think just and reasonable; and for the purposes aforesaid, or any of them, it shall be lawful for the said commissioners yearly and every year, as often as they shall see occasion, by writing under their hands, to nominate and appoint one or more of the inhabitants of the said parish of Sculcoates (not being of the people called quakers) to be the assessor or assessors of such rates or assessments as aforesaid, and as soon afterwards as may be to issue their order thereupon to such assessor or assessors, who shall accordingly be, and he and they is and are hereby empowered and required to make such rate or rates, assessment or assessments in all cases except where the rates or assessments so to be raised cannot be settled, ascertained, and fixed in either of the ways herein Ff |