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A45983 An act for the explaining of some doubts arising upon an act intituled, An act for the better execution of His Majesties gracious declaration for the settlement of His kingdom of Ireland and satisfaction of the several interests of adventurers, souldiers, and other his subjects there; and for making some alterations of, and additions unto the said act, for the more speedy and effectual settlement of the said kingdom.; Public General Acts. 1665 17 Charles II c. 2. Ireland. 1665 (1665) Wing I316B; ESTC R216259 132,385 160

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in a Schedule thereunto annexed for which the said Alexander Macdonnell John Moore Archibald Steward and John Trayleman or some of them were joyntly bound for the said Marquess and for their Counter security against those ingagements which said Lease of ninety nine years was in and by a Clause in the said former Act enacted to be of the effect and force in Law and no other as the same was before the making of the said Act and was also therein and thereby transferred from the said Leasees unto and vested and settled in Martin Noell then Esq now Sir Martin Noell Knight Thomas Carleton Citizen and Mercer of London and John Bradburne of the Middle Temple London Gentleman in trust to dispose the Rents and profits thereof towards the payment of all such Debts as were intended by the said Lease to be secured which Debts are yet but very ill secured in regard the said Marquess was but tenant in taile of the premisses at the time of the making of the said Lease and so still continues by reason whereof the said Lease will become of no force and effect in Law after the Death of the said Marquess nevertheless to the end that some more certain and lasting provision may be made for the payment of such Debts as were thereby intended to be secured in such proportions and upon such terms and conditions as are herein after mentioned Be it Enacted by the Authority aforesaid That the Reversion and Inheritance of all and singular the premisses shall be and hereby is vested and settled in Martin Noell Esq Sonn and Heir apparent of the said Sir Martin Noell George Blake and John Robinson of the City of London Esquires upon these trusts following that is to say if any person or persons their Executors Administrators or Assignes to whom any Debt is owing which was intended by that Lease to be secured will at any time before the nine and twentieth of September One thousand six hundred sixty seaven accept of one moyety or half of his or their principal money due and have interest for the said moyety from the time of such acceptance at the rate of ten pounds per centum in full satisfaction of his or their whole debt intended by the said Lease to be secured and shall declare his or their acceptance by writing under their hands and Seals to be acknowledged before the Lord Chancellor Master of the Rolls or any Master in Chancery either in England or Ireland and to be registred in the Rolls of either Kingdom and if the said Marquess shall happen to dye after such acceptance declared and before the said moyety of the principal money interest at the rate aforesaid be fully satisfied and paid then the said Trustees of the Reversion and inheritance of the premisses the survivor and survivors of them and the Heir of the survivor shall out of the Rents issues and profits thereof pay or cause to be paid the said Moyetie of the principal with interest as aforesaid or so much thereof as at the time of the said Marquesses Death shall be behind and unpaid And if the said Marquess or his Heirs shall at any time before the nine and twentieth of September Which shall be in the year of our Lord One thousand six hundred seaventy five pay or cause to be paid all and every such Creditors their Executors or Assignes who before the nine and twentieth of September One thousand six hundred sixty seaven shall compound as aforesaid their full composition money with interest as aforesaid then the Reversion and Inheritance of the premisses shall be and is hereby transferred unto and vested and settled in the said Marquess and his Heirs Nevertheless it is hereby declared and Enacted That no settlement of the Reversion and inheritance by this Act nor any fine Recovery or other Act or thing done or suffered or to be done or suffered by the said Trustees of the Reversion and inheritance of the premisses without the privity and consent of him the said Marquess shall any wayes extend or be construed to give any strength or continuance to the said lease for ninety nine years further than during the life of the said Marquess but that the said Lease from and after the Death of the said Marquess shall be and so hereby is declared to be fully determined both in Law and equity to all intents and purposes And it is further declared that no Creditor who shall refuse to come in and compound as aforesaid shall be admitted to have any benefit in or by the trust of the reversion and inheritance as aforesaid And where any Debts secured by the said Lease shall be compounded and agreed at one moyety of the principal with interest as aforesaid to the end that such composition may not availe or profit such other Creditors who shall refuse to compound as aforesaid It is further declared and Enacted That the other moyety of the said principal Debt with the interest thereof shall be and is hereby vested in and made payable to the said Marquess and that he the said Marquess shall have the like benefit for the payment and satisfaction thereof out of the Lease of ninety nine years as any other Creditor refusing to compound can or may have and the Trustees of the said Lease shall pay and satisfie the said Marquesses Executors and Administrators the other Moyety of the said Debt so compounded with the interest thereof equally and in like manner and proportion as the not compounding Creditor can or may be satisfied this Act or any other Law to the contrary notwithstanding And it is further Declared by the Authority aforesaid That the said Alexander MacDonnell John Moore Archibald Steward and John Trayleman Suerties for the said Marquess and counter secured by the said Lease for ninety nine years until the same was transferred as aforesaid and every of them their and every of their Heirs Executors and Administrators shall be and are hereby discharged of and from all actions suites executions and demands which can or may be had against them or any of them their or any of their Lands Tenements Goods or Chattells for or in respect of any of the said Debts intended by the said Lease to be secured as aforesaid His Majestie taking notice of the Barbarous and uncouth names by which most of the Towns and places in his Kingdom of Ireland are called which hath occasioned much damage to diverse of his good Subjects and are very troublesome in the use thereof and much Retards the reformation of that Kingdom for Remedy thereof is pleased that it be Enacted And be it Enacted by the Authority aforesaid That the Lord Lieutenant and Council shall and may advise of settle and direct in the passing of all Letters Patents in that Kingdom for the future how new and proper names more suitable to the English tongue may be inserted with an alias for all Towns Lands and places in that Kingdom that shall be granted by Letters Patents which new names shall thenceforth be the onely names to be used any Law Statute Custome or usage to the contrary notwithstanding FINIS
alwaies and it is hereby Enacted That it shall and may be lawful to and for Richard Stephens the younger to hold and enjoy to him and his Heirs all and singular the messuages and lands Tenements and other the Hereditaments situat lying and being in and about the Town and Corporation of Kells in the County of Eastmeath whereof he the said Richard Stephens the younger by himself or his under-tenants was seized or possessed upon the Seaventh of May One thousand six hundred fifty nine and which lye within the securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine he the said Richard Stephens placing thereupon so many Debentures for arrears due for service done before the said fifth of June One thousand six hundred forty nine for which no satisfaction hath yet been given and which are satisfiable by the rules of this or the said former Act as do amount unto the full summ of three hundred pounds any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Theophilus Jones Knight was heretofore settled in and planted upon a Messuage and certain Lands in and about Lucan and now by virtue of some Decree made by the Commissioners for execution of the said former Act and herein confirmed is onely to enjoy the said Messuages and Lands during the life of Patrick Sarsfield who was declared nocent after whose death the said lands are declared to come unto William son of the said Patrick an infant and the heirs males of his body by reason whereof the said Sir Theophilus Jones is likely to sustain great prejudice if due consideration be not had of his improvements Be it declared and Enacted That the Commissioners for execution of this Act shall forthwith set out and allot unto the said Sir Theophilus Jones and his heirs so much forfeited land as may be sufficient in value worth and purchase fully to reprize the said Sir Theophilus Jones for the Messuage Lands and Improvements which have been so evicted and decreed away from him Any clause matter or thing in this or the said former Act to the contrary notwithstanding Provided always That it shall and may be lawful to and for Pierce Creagh to hold and enjoy to him and his Heirs all and singular the Messuages Lands Tenements and Hereditaments in the Province of Connaught and County of Clare or either of them whereof he the said Pierce Creagh is now in possession by himself or his Vnder-tenants and into which the said Pierce Creagh was transplanted by the late Vsurpers Any thing in this or the said former Act to the contrary notwithstanding And because the Adventurers and Souldiers are by this Act exempted from payment of such Fees to the Officers attending both Houses of Parliament and others as in and by the said former Act might have been demanded or pretended to as due Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council there to assess and impose upon all and every the Adventurers and Souldiers who by the said former Act were lyable or might be pretended to be lyable to the payment of such Fees such further and other sums of money not exceeding Five thousand pounds as they shall think fit and to cause the same to be levyed in such manner as any other the sums herein before imposed are levyable and to be paid to the Receivers aforesaid to the end the same may be issued out unto and distributed amongst such Officers in such manner and according to such proportions as the Lord Lieutenant or other Chief Governour and Council after the advice of both Houses of Parliament thereupon had shall direct and appoint Provided always and be it further Cnacted by the Authority aforesaid That Colonel William Leg one of the Grooms of His Majesties Bed-Chamber shall in lieu of what hath been retrenched of his Provisoe in the former Act have hold and enjoy to him and his Heirs for ever all and singular the Lands Tenements and Hereditaments by His Majesties Letters Patents to him granted and passed under the Great Seal of Ireland pursuant to and according to the tenor and effect of His Majesties Letters under His Privy Signet and Sign Manual bearing date at Whitehal the Nineteenth day of January One thousand six hundred sixty and three without any Retrenchment or Defalcation whatsoever Any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted That James Fitz Gerald of Laragh in the County of Westmeath and his Heirs shall have the like restitution priviledges advantages and benefits in all respects as any of the fifty four persons provided for by this Act Any thing therein contained or otherwise to the contrary notwithstanding His Majestie being fully satisfied of the constant loyalty and Innocence of Robert Arthur deceased late of Dublin Alderman and of John Arthur his son and heir who were both Inhabitants of Dublin is graciously pleased That it be Enacted be it further Enacted by the Authority aforesaid That the said John Arthur shall be by the said Commissioners restored unto settled and established in the quiet possession and shall thenceforth have hold possess and enjoy to him and his Heirs Executors Administrators and Assigns respectively all and singular the Mannors Houses Castles Lands Tenements and Hereditaments Reversions Remainders Leases Rights Titles Interests and Estates whatsoever in the Kingdom of Ireland which the said Robert Arthur or any other person or persons in trust for him or to his use had held or enjoyed on the twenty second of October One thousand six hundred forty one or at any time since Except what thereof is in the hands of Adventurers or Souldiers or is in the City of Dublin for which the said John is to be forthwith reprized elsewhere to the full value thereof as neer and contiguous to the said City as conveniently may be and the said John Arthur is likewise restored unto and is hereby enabled to demand recover and receive to his own use all and singular the debts and sums of money which at any time heretofore were due and owing to him the said Robert Arthur and are still unpaid This present or any other Act Clause matter or thing therein to the contrary notwithstanding And whereas Randall Marquess of Antrim did on or about the One and twentieth day of November in the year of our Lord One thousand six hundred thirty seven demise and grant the Barony of Cary the Lordship of Ballycastle and the Island of Rathcline and all the Lands Tenements and Hereditaments within the said Barony Island and Lordship unto Alexander Macdonnell John Moore Archbald Steward and John Trayleman for the term of ninety nine years from Michaelmas One thousand six hundred thirty seven in trust for payment of certain debts