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A74085 An act for sale of the goods and personal estate of the late King, Queen & Prince. Vicesimo sexto Junii, 1649. Ordered by the Commons assembled in Parliament, that this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliament'.; Laws, etc. England and Wales. 1649 (1649) Thomason E1060_44; ESTC R10874 9,452 16

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for as aforesaid and of the buyers names and places of abode and the prices agreed upon respectively and the said Contractors are immediately upon the Contract to cause an Entry to be made in a Book to be kept by their Clerk-Register for that purpose and to such Entry the buyers to subscribe their names respectively which Entry and Subscription shall make the bargain obliging on both parts and for further assurance thereof to the buyers if it be by them insisted on the said Contractors or any three or more of them are to give a Note under their Hands and Seals unto the several buyers respectively expressing the particulars by them bought and the prices and upon and according to the Entries made as aforesaid the said Contractors or any three or more of them shall by writing under their Hands and Seals from time to time certifie unto the said Trustees and to the Treasurers hereafter mentioned severally an account of the particulars sold with the buyers names and prices and day of sale respectively and before delivery of any the particulars sold unto the respective buyers the said Contractors are to cause the full price or prices agreed upon for the same to be paid into the hands of the Treasurers hereafter mentioned in this Act unless they shall finde cause to give day for part thereof in which case it is left to them so to do so as that part exceed not the moyety of the full price and so as the day given exceed not two moneths and that sufficient security be taken by them for the sum forborn and upon payment of the full price agreed upon or of one moyety or more thereof and such security taken as aforesaid for the remainder the payment being certified by the Treasurers and the security by three or more of the Contractors unto the said Trustees they the said Trustees or three or more of them shall give out their Order or Warrant directed to the person or persons in whose hands such particulars were secured by them as aforesaid for the delivery of such particulars unto the buyer or buyers respectively or to his or their assigns and shall also make and deliver unto every such buyer or buyers in writing under their hands and Seals an Assignment of the said particulars respectively in the nature of a Bill of Sale whereby the propriety of the particulars so assigned shall be fully bested in such buyer and buyers respectively and in his or their Assigns by vertue of this Act And in case any person or persons who shall have bargained with the said Contractors as aforesaid for any of the premises shall not within the space of one moneth after the contract made and entred as aforesaid effectually prosecute his or their bargain by paying the ful price or one moyety thereof or more and giving such Security for the remainder as shall be insisted on by the said Contractors so as the default lie on the part of such buyer or buyers then every such buyer for such default shall incur the penalty and forfeiture of one fourth part of the sum of the price agreed on which upon certificate of such default with the sum of the penalty from three or more of the said Contractors under their hands and Seals unto the Barons of the Exchequer the said Barons shall take order for the levying of the same to the use of the Commonwealth out of the Estate Real and Personal of such defaulter or defaulters respectively and every such defaulter shall also forfeit and lose the benefit of his said bargain and in such case after the space of seven days from the expiration of the said moneths space next ensuing the Contract and such default continuing then the said Contractors or any three or more of them may and shall proceed to a new sale of all and every such particulars concerning which such default is made unto any other person or persons as if no sale thereof had before been made But whereas divers of the said goods and premises are of such nature as that though by reason of their Rarity or Antiquity they may yield very great prices in foraign parts where such things are much valued yet for particular mens use in England they would be accounted little worth and so yield no considerable price if they should be forthwith sold here according to the foregoing directions It is therefore further Enacted and Provided That for such particulars of the premises as the said Contractors shall finde to be of that nature they or any three or more of them may treat and agree with any Merchant Adventurer or Forreign Merchant about transporting such of the said goods into any Forreign parts where they may be sold at the best rates and either by immediate sale thereof to such Merchants to be by them transported and sold as their own in which case the Contractors may give such day or days for payment as they shall finde needful and convenient for the better improvement of the price or else by hiring the Transportation of such things into Forreign parts where they may best sell there procuring them to be sold for this State the said Contractors are left to take the best course they can according to their best skil judgements to sell such things to the utmost advantage of the Commonwealth although it be in a way differing from that which is before in general directed for other parts of the premises Any thing in this Act contained to the contrary notwithstanding Provided always That no such particulars of the premises be sold to Merchants here or transported into other parts to be sold at any rates lower then by the aforesaid apprizements they are valued at and so as the money for which they shall be so sold be paid with all possible expedition in to the same Treasury hereafter mentioned for the use hereafter appointed And the said Contractors or any three or more of them shall be and are hereby authorized to chuse and appoint a Clerk-Register and such other Officers or Agents as they shall think fit and finde needful for the better discharge of the trust and dispatch of the service hereby committed to them and for their own and their Agents and Officers pains and charges therein shall have five pence in the pound allowed them out of all such moneys as shall be made by sale of the said goods and premises and out of the moneys to be raised levied and received for and as the forfeiture of any buyer or buyers making default as aforesaid in non performance of his or their bargain which allowance of five pence per pound shall be paid by the Treasurer hereafter mentioned unto the said Contractors or to whom they or any three or more of them shall from time to time appoint to receive the same for their use by warrant under their hands seals to the said Treasurers directed out of which allowance they are to satisfie all and every