Page:Ruffhead - The Statutes at Large - vol 8.djvu/520

4^6 C. 30, Anno tricelimo tertio Ge ORG II IL A. D. 1759. is to be paid to or Sole, being Feoffees in Truft, Guardians, Committees, or other Truftees, fhall be paid to thera derrin^Truft Tb?7e- '■^f"P^'^,i^'^hs ov to fuch Pcrfons as they fliall refpeclively; nominate to receive the fame, in Truft, invefted in otheAand!,' ^'^^ ^ Convenient Speed then afterwards to be reinvefted in the Purchafe of other iMefluages, Lands, and to be fettled to the Tenements and Hf-M-editaments, to be conveyed and fettled to and upon, and fubjeft to the like ' fame U.es. Ufes, Trufts, Limitations, Remainders and Contingencies, as the Houfcs, EdiHces, Lands, Tene- ments and Hereditaments, which fliall be purchafed from them rsfpeclively by the faid Mayor and Commonalty and Citizens, or other Perfon or Perfons as aforefaid, were refpeftiveiy fettled, limi- ted or ailured, at the Time of fuch the purchr.fmg of the fame, or fo many thereof as, at the Time of making fuch Conveyances and Settlemeius, (lull be exifting and capable of taking EffetSl. All Birgiins and Sales in X. And bc it further enacled by the Authority aforefaid. That all Bargains and Sales whatfo - and^ln'^'ofwin^h'^^V ^^'^ ^° ^^ '^'^^^ ^"^ acknowledged by any Perfon or Perfons whomfoever, and which fhall be in- tings"deemergood*iind" ^^^^^'^ ' ^^^ Huftings of the faid City, of any fucii Lands, Tene nents and Hereditaments, as fhall valid' in Law. ^e purchafed by virtue of and for the Purpofes of this AS:, fhall have the Force, Effect and Ope- ration in Law, to all Intents and Purpofes, which any Fine or Fines, Recovery or Recoveries whatfoever, would have, if levied or fufTcred by the Bargainer or Bargainers, or any Perfon or Per- fons feifed of any Eftate in the Prcmillis, in Truft, for or to the Ufe of fuch Bargainer or Bar- gainers, in any legal Manrier or Form whaLfoever. Memorials of all Claims XL And be it further enatSied by the Authority aforefaid. That all and every Perfon and Per- ot' th'e^Premiffcs°to"be ^"^"^ whofoever, having or claiming any Right, Title, Intereft, Ufe, Property, Claim and Demand purchafed and conveyed whatfoevcr, whether in Poffeir^on, Reverfion, Remainder or Expedlancy, in, to, or out of any as aforefaid. Lands, Tenements or Hereditaments, which by virtue and for the Purpofes of tnis A61 fliall be purchafed and conveyed, or mentioned or intended to be conveyed, by any fuch Bargain and Sale are to be entered, within as aforefaid, fhall within the Space of five Years, to be computed from th" Date of the Inrolment enter a Memorial of fuch their Right, Title, Intereft, Ufe, Property, ook to be for that Purpofe prepared and kept by the Town Clerk of the ^^^^ faid Town Clerk is hereby required to prepare and keep accordingly, Fee lor entering the ' ^'id for which Entry he fhall be intitled to fuch Fee, and no other, as the Regifter of the County ^»n^e. of Aliddlrfex is by Law intitled, for the Regiftry of a Memorial containing the fame Number of All Claims not entered or Words ; and all and every Perfon or Perfons whofoever, not entering fuch Right, Claim and Dc- proifcuted within five mand, within fuch Time, and in fuch Manner as aforeiaid, or having fo entered the fame, and ^ ears, are null and void, i^ot profecuting fuch their Right, Claim or Demand, with Efted, within the Space of five Years, to be computed from the Time of fuch Entry, fhall be for ever barred of all Right, Title, Ufe, Equity, Property, Claim or Demand whatfoever, whether in PofTeffioji, Reverfion, Remainder, or Expectancy, in, to, upon, or out of the faid Premifl'es, and every Part thereof; and the faid Mayor and Commonalty and Citizens, and thofe claiming by, from or under them, flall be quieted in the PofTefTion of all fuch Lands, Tenements, H^ereditaments and Premiftes ; any Law, Statute, Ufage, Matter or Thing whatfoever to the contrary notwithftanding. Perfons barred of their XII. Provided neverthelefs, That any Perfon or Perfons, barred of any Right, Title, Eftate, Right, &c. by virtue of jptereft, Claini or Demand whatfoever, in, to, or out of the faid Lands, Tenements and Heredi- Aftion tortile iwhafc- laments, by virtue of this A.G(, fhall be at Liberty to bring an Aftion or AcSlions of Debt, or for pioney re-eived, &c. Money had and received to his, her or their Uie, or take fuch other legal Remedy as he, flie or they (hall think proper, againft any Perfon or Perfons, or the legal Reprefentative of any Perfon or Perfons, who received the Purchafe-money arifing from fuch Sale of the fsid Lands, Tenements and Heredit:iments, or Premiifes aforefaid ; and that in every fuch Cafe, the Plaintiff or Plaintiffs, on Proof of fuch Title as would have enabled them to recover fuch Lands, Tenements or Heredi- taments, or any Part thereof, or any Eftate or Intereft in the fame, fhall recover the fiiid Purchafe- money, or fo much thereof as fhall be equivalent to their Intereft in the laid Premiftes, together with (uch Intereft as fhall be equivalent to the niefne Profits of the PremiUes which they would have been intitled to recover, in cafe this Acft had not been made. Tenants at Will, or XIII. And be it further enadted. That all and every Tenant at Will, or Leflee for a Year, or Leikes for a Year, See. other Perfon Or Perfons, in Pofteffion of any fuch Lands, Tenements, Hereditaments, and Pre- dLtrivrSn^ofT"'" "^^^^' o ^"y ^'^" thereof, which fhall bc purchafed by virtue of, and for the Purpofes of this A6t, FremiiTes, ' ^'^d who fnall have no greater Intereft in the Premiftes than a Tenant at Will, or as Leftee by Pa- role for a Year, or from Year to Year, fhall deliver up the PofftlTion of fuch Premiftes immediately to the faid Mayor and Commonalty and Citizens, or to fuch Perfon or Perfons as the Mayor, Al- dermen and Commons of the faid City, in Common Council affembled, fhall appoint to take Pof- fcflion of the fame, in cafe the Mayor, Alderm.en and Commons of the faid City, in Common u-on Payment or Tender Council aflembled, or fuch Perfon or Perfons authorifed by them, fhall payor temler to him or of fix Months Rent, or ^^^^ ^y^ Months Rent of the fame Pretnifies, or fhall give him or them twelve Months Notice to thrfame "" '° "^"'^ H^it ^"^h Poncftion, when fuch Perfon or Pcrfons in PoftelTion ftiall, at the End of the faid twelve ' Months, or fo foon after as he or they fhall be required, peaceably and quietly deliver up the Pof- ftfTion of the faid Premiftes to the faid Mayor and Commonalty, and Citizens, or the Perfon or lrfons authorifed by the Mayor, Aldermen and Commons of the faid City, in Comnion Counrri andif they (liillrefufeto afltmblcd, to take Pofteffion thereof: And that in cafe any fuch Perfon or Perfons, fo in Pofttllion Jive (uch Poiicflion, the as aforefaid, fliall refufc to give fuch Pofteffion as aforefaid, then it ftiall and may bc lawful to and Court may i^uc their j-^,^ the faid Court of Mayor and Aldermen to ilVuc their Precept or Precepts to the Sherifts of the j.cce^t .0 the bhenfts, ^.^jj ^j^^.^ ^^ j^jj^^^ Poflcftion of the Prcmiffcs to fuch Perfon or Perfons, as fliall in fuch Precept 3 or