LXXXIII. And be it further enacted, That all monies which shall have arisen under the said recited acts, or any of them, or shall arise by or from the rates or assessments hereby granted for the purposes of this act, or which shall be levied or received from time to time by virtue of this act, (except such monies as are herein directed to be otherwise disposed of,) shall be paid to the said corporation or their treasurer, or to such person or persons as the said corporation shall appoint to receive the same, and shall be applied and disposed of in the first place in paying and defraying the costs, charges and expences which shall have been incurred in or shall be incident to, and attend the obtaining and passing this act; and in the next place, in discharge of the charges and expences of carrying the several purposes of this act into execution, and all costs, charges and expences which the said corporation, or any of their officers may sustain or be put unto in carrying this act into execution, or in prosecuting any indictments, actions or suits in any wise relating to or concerning any of the monies granted or arising by virtue of this act, or any other the purposes of this act, or in any manner relating to the execution thereof, and for such other uses and purposes as are herein expressed, and for no other use, intent or purpose what soever. LXXXIV. And be it further enacted, That in case the said governor or deputy governor, assistants and guardians, assembled at any of their general courts or assemblies shall consider it expedient to enlarge the present workhouse, and buildings belonging thereunto, or to erect and build another workhouse in lieu thereof, the said governor or deputy governor shall cause notice in writing to be given to all the members of the said corporation, or to be left at their respective dwelling-houses, within three days after the holding of such general court or assembly, signifying the opinion of the court as to such expediency, and that a special general court or assembly will be held upon a certain day, to be appointed in such notice, in order to take the same into consideration, (one calendar month at the least intervening between the day so appointed and the day of the date of such notice;) and in case such special general court or assembly convened in the manner and for the purpose last mentioned, and consisting of the governor or deputy governor, and not less than twenty of the guardians of the said corporation, or the major part of them so assembled, shall agree and resolve upon the expediency of enlarging the present workhouse, and buildings belonging thereunto, or of erecting and building another work house in lieu thereof, then and in such case it shall and may be lawful for the said cor-poration hereby constituted to enlarge the present workhouse, and any of the buildings thereunto belonging, or to provide or purchase, or erect and build, another workhouse in lieu thereof in any other part of the said town or precinct, and also any other place or places for receiving, maintaining and setting to work the poor under their care and management, or to dispose of the present workhouse, and the buildings and ground thereunto belonging, and to purchase other ground for, and to build thereupon a more commodious workhouse, with proper and suitable offices for the use of the said corporation, and for receiving, maintaining, lodging and employing the poor under their care and management. LXXXV. And be it further enacted, That upon and after any such Power to alterations and improvements shall have been determined and agreed upon contract, &c. in manner hereinbefore mentioned, it shall and may be lawful for the governor, deputy governor, assistants and guardians, constituted a corporation by virtue of this act, if they shall see fit, to contract and agree with any person or persons for enlarging the said present workhouse and any of the buildings thereunto belonging, or for pulling down and rebuilding the same, or any part or parts thereof, on an enlarged scale, and erecting such offices and outbuildings as may be deemed necessary for maintaining and employing the poor of the said town, or for erecting or building any new workhouse with such requisite offices and outbuildings as aforesaid, upon any other site or ground within the said town or precinct, or for performing any part or parts of such works as aforesaid, or for providing materials for any part or parts thereof, upon such terms as the said governor, deputy governor, assistants and guardians shall deem expedient. LXXXVI. And be it further enacted, That before any contract or contracts shall be entered into, twenty-one days notice at the least shall be Notice of entering into contracts to be given. 5 Geo. IV. c. 13. Governor may compound for breach of Contract. Power to pur chase Lands, &c. Incapacitated persons empowered to sell. given in one or more of the Hull newspapers of the intention of the said governor, deputy governor, assistants and guardians to enter into such contract or contracts, expressing therein the general nature and objects of such contract or contracts, in order that any person or persons willing to undertake the same, may make proposals for that purpose, to be offered and presented to the said governor, deputy governor, assistants and guardians, at a certain time and place to be mentioned in such notice; and all and every person and persons, who shall enter into any such contract, shall give security to the said governor, deputy governor, assistants and guardians, for the due performance thereof; and copies of all contracts made in pursuance of this act shall be entered in a book or books to be kept by the said corporation for that purpose. LXXXVII. And be it further enacted, That it shall and may be lawful to and for the said governor, deputy governor, assistants and guardians, from time to time and at all times hereafter, if it shall be so determined at any of their courts or assemblies to be held for that purpose, to compound and agree with any person or persons on account of any breach or nonperformance of such contract or contracts, for such sum or sums of money as they shall think proper, so as the sum so compounded and agreed for be not less than the injury or damage sustained by the breach or nonperformance of such contract or contracts, and all costs, charges and expences which shall be occasioned thereby. LXXXVIII. And be it further enacted, That it shall and may be lawful to and for the said governor, deputy governor, assistants and guardians, hereby constituted a corporation, to treat, contract and agree with the owner or owners of, and person or persons interested in, any freehold or copyhold lands, houses, buildings, tenements, hereditaments and premises, within the said town or lordship of Myton, which it may be necessary to purchase for the purpose of erecting and providing a workhouse and other buildings and offices, yards and gardens, for the reception, lodging, accommodation, employment and maintenance of the poor of the said town, for the absolute purchase thereof, and to purchase the same, not exceeding in the whole five acres; and it shall be lawful for all bodies politic, corporate or collegiate, corporations aggregate or sole, tenants in tail, tenants for life or for any term or number of years determinable with any life, or lives, or for any term of years absolute, of which twenty-one years shall at the time of such contract be unexpired, husbands, guardians, trustees, feoffees in trust, committees, executors, administrators and all other trustees whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of the person or persons entitled in reversion, remainder or expectancy after them, and for and on behalf of their cestui que trusts, whether femes covert, infants, or issue unborn, lunatics, idiots, or other person or persons whomsoever under any disability of acting for themselves, and to and for all femes covert who are or shall be seised of or interested in any such lands, houses, buildings, tenements, hereditaments or premises, to contract with the said governor, deputy governor, assistants and guardians for the sale thereof, or for the satisfaction to be made for the same, and to sell and convey by conveyance, lease and release, or bargain and sale enrolled, unto the said governor, deputy governor, assistants and guardians, all or any such lands, houses, buildings, tenements, hereditaments or premises, or any part thereof, for the purposes aforesaid; and it shall and may be lawful to and for the said corporation to hold such lands, houses, buildings, tenements, hereditaments or premises, so purchased, 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 all contracts, agreements, 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, be good, valid and effectual, to and for such ends, intents and purposes, not only to convey the estate and interest of the person or persons conveying, but also to convey all estate, right, interest, use, property, claim and demand whatsoever of their said several and respective cestui que trusts, and all persons claiming or to claim by, from or under them, and of all per. sons entitled in remainder, or reversion expectant on any particular estate, and the same shall be deemed and considered to bar the dower and dowry of such person or persons, and all estates tail, and other estates in possession, reversion, remainder or expectancy; any law, statute, usage, or any other matter or thing whatsoever, to the contrary thereof in any wise notwithstanding; and all such bodies politic, corporate or collegiate, corporations, whether aggregate or sole, spiritual or lay, tenants in tail or for life or lives, and all feoffees in trust, executors, administrators, husbands, guardians, committees, trustees and other persons, are and shall be hereby indemnified for what they shall do by virtue and in pursuance of this act as aforesaid. LXXXIX. Provided always, and be it further enacted, That it shall not be lawful for the said governor, deputy governor, assistants and guardians, to purchase from any such body or bodies politic, corporate or collegiate, corporations aggregate or sole, tenants in tail, for life, or for years determinable or absolute as aforesaid, husbands, guardians, trustees, feoffees in trust, committees, executors, administrators or other trustees whatsoever, more than five statute acres; and in case the said corporation shall afterwards sell the whole or any part of such five statute acres so purchased, it shall not be lawful for the said corporation to purchase, or for the same or any other body or bodies politic, corporate or collegiate, corporations aggregate or sole, tenants in tail, for life, or for years determinable or absolute as aforesaid, husbands, guardians, trustees, feoffees in trust, committees, executors, administrators or other trustees whatsoever, to sell to the said corporation any other lands, houses, buildings, tenements, hereditaments or premises in lieu of or instead of those five statute acres, or any part thereof so sold or disposed of by the said corporation. 5 Geo. IV. c. 13. Restraining the Corporation from purchasing more than five acres of pacitated persons. laud from inca Purchase Monies, I how and to XC. And be it further enacted, That every sum of money or recompense to be agreed for as aforesaid, shall be paid out of any monies by this act whom to be paid. authorized to be raised to the party or parties, or person or persons respectively entitled thereto, or to their agents, or into the Bank of England, in manner by this act directed, as the case may be; and upon such payment to such party or persons, or their agents, or into the Bank of England, and after three calendar months notice thereof given to such party or persons, or to their agents, or left at their respective usual places of abode, or with the tenant or tenants in possession of such lands, houses, buildings, tene. ments, hereditaments or premises, then such lands, houses, buildings, tenements, hereditaments and premises respectively, shall and may be taken and used for the purposes of this act, and all parties and persons whomsoever shall be divested of all right and title to such lands and hereditaments; and all the estate, right, title, use, trust, property, claim and demand, in law or equity, of the person or persons respectively, to whose use such payments shall be made into or out of such lands, houses, buildings, tenements, hereditaments and premises, shall vest in the said governor, deputy governor, assistants and guardians, and their successors for ever, for the use and purposes of this act. XCI. And be it further enacted, That if any money shall be paid or agreed or awarded to be paid for the purchase of any lands, houses, build ings, tenements or hereditaments, to be purchased, taken or used by virtue of the powers of this act for the purposes thereof, which shall belong to any body politic, corporate or collegiate, tenant in tail, for life, or for years determinable or absolute as aforesaid, or to any feoffees in trust, executors, administrators, husband, guardian, committee, or other trustee for or on behalf of any infant, lunatic, idiot, feme covert or other cestui que trust, or to any person whose lands, tenements or hereditaments are limited in strict or other settlement, or to any person under any other disability or incapacity whatsoever, 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 Court of Exchequer, to be placed to his account there, ex parte the governor, deputy governor, assistants and guardians of the poor of the town of Kingston-upon-Hull, pursuant to the method prescribed by an Act passed in the first year of the reign of His present Majesty King George the Fourth, intituled, "An Act for the better securing "monies and effects paid into the Court of Exchequer at Westminster, "on account of the suitors of the said court, and for the appointment of an "Accountant General and two Masters of the said court, and for other Application of 5 Geo. IV. c. 13. Where less than 200£. and not less than 20£. purposes," and the general orders of the said court, and without fee or reward; and shall, when so paid in there, remain until the same shall by order of the said court, made upon a petition, to be preferred to the said court in a summary way by the person or persons who would have been entitled to the rents and profits of the said lands, houses, buildings, tenements or hereditaments, be applied either in the purchase or redemption of the land-tax, or in or towards the payment or discharge of any debt or debts or other incumbrances affecting the same lands, houses, buildings, tenements, hereditaments and premises, or affecting other lands, houses, buildings, tenements, hereditaments or premises standing settled therewith or to the same or the like uses, trusts, intents or purposes, as the said Court of Exchequer shall authorize to be purchased, redeemed, paid or discharged, or such part thereof as shall be necessary, or until the same shall upon the like application be laid out in a summary way by order of the said court, in the purchase of other lands, houses, buildings, tenements, hereditaments and premises, which shall be conveyed, limited and settled to, for and upon such and the like uses, trusts, intents and purposes, and in the like manner as the lands, houses, buildings, tenements, hereditaments and premises, 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 or settlement shall be existing undetermined or capable of taking effect; and in the meantime and until such order can be made, the said money may 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, or in Government or real Securities; and in the meantime and until the said Bank Annuities or Government or real Securities 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 or Annuities, or Government or real Securities 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 such lands, houses, buildings, tenements, hereditaments and premises, so hereby authorized to be purchased, conveyed and settled. XCII. Provided always, and be it further enacted, That if any money so agreed or awarded to be paid for any lands, houses, buildings, tenements, hereditaments and premises, to be purchased, taken or used for the purposes aforesaid, and belonging to any corporation, or to any person or persons under any disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall amount to or 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, houses, buildings, tenements, hereditaments and premises so purchased, taken or used, or of his, her or their guardian or guardians, committee or committees, in case of infancy, idiotcy or lunacy or other incapacity, with the approbation of the said governor, deputy governor, assistants and guardians, 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 said Accountant General of the Court of Exchequer, and be placed to his account as aforesaid, in order to be applied in manner herein before directed; or otherwise the same may be paid at the like option and with the like approbation to two trustees, to be nominated by the person or persons who for the time being would be entitled to the rents and profit of the lands, houses, buildings, tenements, hereditaments and premises so to be purchased and settled, such nomination to be approved of by the said governor, deputy governor, assistants and guardians, and such nomination and approbation to be signified in writing under the hands of the parties nominating such trustees, and under the common seal of the said governor, deputy governor, assistants and guardians; and the money so paid to such trustees, and the dividends arising thereon, shall be by them applied in like manner as is herein before directed with respect to the money so to be paid into the bank in the name of the Accountant General of the Court of Exchequer, but without obtaining or being required to obtain any order of the said court touching the application thereof. XCIII. Provided always, and be it further enacted, That where such money so agreed or awarded to be paid as next before mentioned shall be less than twenty pounds, then and in all such cases the same shall be paid to the person or persons who would for the time being have been entitled to the rents and profits of the lands, houses, buildings, tenements, hereditaments and premises, so purchased, taken or used for the purposes of this act, for his, her or their own use and benefit; or in case of infancy, idiotcy, lunacy or other incapacity, then such money shall be paid 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. XCIV. Provided always, and be it further enacted, That where any question shall arise touching the title of any person or persons to any money to be paid into the Bank of England in the name and with the privity of the Accountant General of the said Court of Exchequer in pursuance of this act, for the purchase of any lands, houses, buildings, tenements, hereditaments and premises, or of any estate, right, title or interest in any lands, houses, buildings, tenements, hereditaments and premises, to be purchased in pursuance of this act for the purposes aforesaid, or to any Bank Annuities or Government or real Securities to be purchased with any such money, or the dividends or interest of any such Bank Annuities or Government or real Securities, the person or persons who shall have been in possession of such lands, houses, buildings, tenements, hereditaments and premises respectively 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, houses, buildings, tenements, hereditaments and premises respectively, according to such possession, until the contrary shall be shown to the satisfaction of the said court; and the dividends or interest of the Bank Annuities or Government or real Securities to be purchased with such money, and also the capital of such Bank Annuities or Government or real Securities shall be paid, applied and disposed of accordingly, unless it shall be made appear to the said court that such possession was a wrongful posSession, and that some other person or persons was or were lawfully entitled to such lands, houses, buildings, tenements, hereditaments or premises, or to some estate or interest therein. XCV. Provided always, and be it further enacted, That where by reason of any disability or incapacity of the person or persons or corporation entitled to any lands, houses, buildings, tenements, hereditaments and premises, to be purchased, taken or used under the authority of this act, the purchase money for the same shall be required to be paid into the said Court of Exchequer, or be applied in the purchase of other lands, houses, buildings, tenements, hereditaments and premises, to be settled to the like uses in pursuance of this act, it shall and may be lawful to and for the said court to order the expences of 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, together with the necessary costs and charges of obtaining such order, to be paid by the said governor, deputy governor, assistants and guardians, out of the monies to be received by virtue of this act, who shall from time to time pay such sums of money for such purposes as the said court shall direct. XCVI. And be it further enacted, That every mortgagee of any lands, houses, buildings, tenements, hereditaments and premises, which shall be so contracted for and purchased as aforesaid in pursuance of this act, his, her or their heirs, executors, administrators and assigns respectively, on having two calendar months notice in writing, given to him, her or them, from the governor, deputy governor, assistants and guardians, or any committee of the said corporation for paying off the principal money and interest which shall be then due on such mortgages respectively, shall at the expiration of the said two calendar months after such notice, upon payment or tender of the principal money and interest which shall be then due, convey and assign his, her and their respective estates and interests in and to the said mortgaged premises to the said governor, deputy governor, assistants and guardians, and their successors, for the uses or purposes of this act, or to such person or persons as the said governor, deputy governor, assistants and guardians shall nominate or appoint, in trust for the said corporation I 5 Geo. IV. c. 13. Where less than 20£. Upon any ques Title to Money tion arising as to to be paid, the Person in posses sion of the Lands, &c. at the time of such Purchase shall be deemed entitled thereto. Court of Exchequer may order reasonable Expences of paid by the Governor, &c. Purchases to be Mortgagees to convey. |