Page:Ruffhead - The Statutes at Large - vol 7.djvu/480

460 C. 42. Anno vicefimo quinto Georgii II. A. D. 1752. rity, gt Interefl-, in the Name of the faid Commiflioners or Gocrnors, or any fcven or more of them, or in the Name or Names of any Perfon or Perfons appointed by the faid Conimiffioners or Governors, or any feven or more of them, for that Purpofe, in Tiuft to transfer and affign the fume to fuch Perfon or Perfons to whom the Premiffes belong, on his, her or their executing proper Conveyances thereof; and in the mean Time inTruft to pay the Interefl and Dividends arifmg therefrom, to fuch Perfon or Perfons as v^as or were in Poffeflion of the faid Premifles at the I'ime of the faid Payment into the Bank; and the faid Commiffioners or Governqrs, or any feven or more of them, are hereby authorized and impowered _to make fuch Order as aforefaid on the Bank, for the Payment of fuch Sum or'Sums of Money, or any Part thereof as fhall be neceflary, in order to their being Co invelled in publick Securities : And the faid Commiflioners or Governors fhall be quieted in the Poliefiion of the Lands and Premilles, for which fuch Money is fo paid as afoi'efaid ; and fliall not be anfvy^rable or accountable for the fame, in any Court of Law or Equity, othervvife than according to the true IntesU aiid Meaning of this Act. "Whcretlic Pre- IV. Provided always, and it is hereby enacted and declared, I'hat if any Contrail: fhall be n:ade fcr the jnifieeaicmori- Pnrchafe of any Premiffes in Mortgage, or any Sum or Sums fhall, in Manner as before-mentioned, be gaged, *c Pur- j,(|-g,q-(.d or awarded as the Value of fuch mortgaged Premifles, and the Perfon or Perfons intitled to the m'w'^brreikd in Equity of Redemption thereof cannot be found, that then, and in every fuch Cafe, the Money fo con- the' Funds, for tracted for, or aflelfed or awarded, fhall, by the faid Commifiioners or Governors, or any feven or more of hiiUie, &c. them, be veiled in any of the publick Funds ; and the Litercfl: or Dividends thereof fhall be paid to fuch Morto-agec, until the Perfon intitled to fuch Equity of Redemption fliall make out his Title thereto ; and in cafe any fuch Perfon or Perfons fo intitled to fuch Equity of Redemption, fliali not, within five Years next after the invefling fuch Monies in the ptiblick Funds, exhibit his, her or their Bill in the High Court of Chancery, or in his Majerty's Court of Exchequer at IVcJmariJler, in order to litigate the fame, he, fhe or they fliall for ever thenafter be debarred therefrom ; and at any Time after the End of fuch five Years (no Bill being exhibited as aforefaid) fuch Money fo invefted in the publick Funds Ihall be paid, or the Securities for the fam.e affigned to fuch Mortgagee or Mortgagees, or their legal Reprefentative or Repre- fentatives ; any Thing herein before contained to the contrary thereof in any wife notwithflanding. PoiTi-fror to deli- V. And be it further enacted. That all and every Perfon and Perfons who is, are or fhall be in Pof- verup the Pre- feffion of the Lands and Premifles, or any Part thereof, fo to be purchafed by the faid Commiflioners or niffes, uoon ii Governors, or any feven or more of them, or for which any Purchafe-money fhall be fo afl'effed or awarded DajsNoiice; jjg aforefaid, fliall, upon twenty-one Days Notice in Writing, left at or affixed on the faid Premifles, or any Part thereof, peaceably and quietly deliver up the Pofleffion of the faid Premifles to the faid Commif- fioners or Governors, or any feven or more of them, or to any Perfon or Perfons who fhall, by the faid Commiflioners or Governors, or any feven or more of them, be authorized to receive the fame; and in and on Refufal cafe any Perfon or Perfons fhall refufe fo to do, that it {hall and may be lawful to and for the faid Com- the Siieriffis to mifTioners or Governors, or any feven or more of them, to ifl'ue their Precept or Precepts to the SheriflFof deliver the fjme.t-hg County of Kent, to deliver Pofleflion of the Premiffes^to fuch Perfon or Perfons as fhall in fuch Precept or Precepts be nominated to receive the fame ; and the faid Sheriff is hereby required to deliver Poffeflion thereof accordingly, and to levy fuch Cofls, which fhall accrue from the Iffuing and Execution of fuch Precept or Precepts, on the Perfon or Perfons fo refufing to give Poffeflion as aforefaid, by Diflrefs and Sale of his, her or their Goods. Monies pa'id to VL And it is hereby further enafted and declared. That all and every Sum and Sums of Money, to be BodieiCorporate,pji(j xa any Body Corporate or Collegiate, Corporation Aggregate or Sole, Feoffee or Feoffees in Truff, tneh^I'cift'Tn'^"^^'"' Committee, or other Trultee or Truftees, in purfuance of this Aft, fliall be by them refpec- the Purcliafe of tively laid out in the Purchafe of Lands, Tenements and Hereditaments, and fettled to and upon, and Lands, &.-C, fubjeft to fuch Titles, Uf.s, Trufts, Limitations, Remainders and Contingencies, as the faid Lands and Premiffes, fo to be purchafed by the faid Commiffioners or Governors as aforefaid, were fettled, limited and affured at the Time of fuch Sale fo made refpedively, and fliall and may be held and enjoyed accord- ingly ; and that in the mean time, until fuch Purchafe made, fuch Money Ihall be vefted in fome ot the pfiblick Funds orGovernment Securities atlnterelt, and the Intereft fliall be paid to fuch Perfon or Perfons as would have been intitled to the Rents and Profits of fuch Lands, Tenements and Hereditaments fo to be purchafed, in cafe the fame were purchafed and fettled, purfuant to the true Intent and Meaning of this Aft. In Default of Ju- VIE And it is hereby enabled and declared. That in cafe of any Default of a fufficient Number of Jury- rymcn, the siie- men to be fworn, purftiant to this Aci, the Sheriff" for the County of Kent fliall return other honeil and rift" may return indifferent Mcn of the Standers-by, or that can fpeedily be procured to attend that Service, fubjecl to Standcrs-by. ^^^ Challenges as aforefaid ; and the Commiflioners or Governors, or any feven or more of them, Ihall from Time to.Time have Power to impofe any reafonable Fine on the faid Sheriff, his Undcr-flicriff, Bailifts Sheriff, and oiheror Agents refpedively, or on any of the Perfons who fliall be fummoned and returned on iu.h Jury or Perfons ncgiea- Julie's as Ihall not appear or refufe to be fworn on fuch Jury, or being fworn, fliall refufe to give a 'erdi<ft^ ma 'be'fined'^' "■" '" ^"^ °^'^^ M^""'^ v.'ilfuily negled his Duty, contrary to the true Intent and Meaning of this A«S v "■sy <= '" • and likewife upon fuch Perfon or Perfons fummoned to give Evidence, who fliall refufe to appear or give Evidence, and from Time to Time to levy fuch Fine or Vines, by AVarrant or Warrants under the Hands and Seals of the faid Commiflioners or Governors, or any feven or more of them, by Diftrcfs andSale of the Ofl'ender's Goods, rendering the Overplus, if any ; and all fuch Fitoes fliall be applied to the Ulc of the faid Royal Hofpital. Governors tiiay vill. And be it further enadled by the Authority aforefaid. That it fliall and may be lawful to and for cth«Lanj",&c,*^^ faid Commiffioners or Governors of the faid Royal Hofpital, or any feven or more of tliem, to pur-