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judgement_n court_n defendant_n plaintiff_n 5,340 5 10.3536 5 true
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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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their first sitting wherein the construction of this or the said former Act shall appear doubtfull to them or that the Act it self shall be found defective in some points necessary for the carrying on of the intended final Settlement and not cleerly enough determined and provided for by this Act the Commissioners or any three or more of them shall and may by writing under their hands and Seals acquaint the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being with their proceedings and the doubts arising thereupon and the defects appearing in this present Act and such order of amendment inlargement of periods explanation or direction as shall be thereupon made by the Lord Lieutenant or other Chief Governour or Governours and Council by Act of Council in writing for the better and more easy Execution of this Act and for promoting the ends thereof only shall be as binding to the Commissioners and all other persons and effectual as if the same had been part of this present Act so alwayes that the said Act and Acts of Council be made within the said two years and inrolled in the High Court of Chancery And be it further Enacted by the Authority aforesaid That the time and space of two years to be computed from the day of the first sitting of the Commissioners for Execution of this Act shall be and is hereby allotted unto the said Commissioners for putting this Act in Execution and for performance of the several matters and things hereby intrusted to them And in case the same shall not then be finished it shall and may be lawfull for the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council there for the time being to inlarge the time for the ends and purposes aforesaid to such other and further periods as they by any Act of Council and inrolled in the Chancery of Ireland shall think fit to declare so as such inlargement of time exceed not the space of one year from the expiration of the two former years and that such order as to the inlarging of periods of time shall be as good and effectual in Law as if it had been particularly expressed and enacted by these presents And be it further Enacted by the Authority aforesaid That all Sherriffs Mayors Bayliffs and all other Officers and Ministers of Iustice shall well and truely execute all orders and decrees to be made by the said Commissioners or cause the same to be executed and shall also from time to time obey and execute all such precepts Warrants or other commands as by the said Commissioners to them or any of them shall be directed And that the Commissioners shall have such like power of proceeding in the cases of contempts and misdemeanours committed in open Court or of willfull neglect or disobedience as any of the four Courts at Dublin do or may lawfully use And be it further Enacted by the Authority aforesaid That in all suites and proceedings at Law wherein the Authority of this Act may any way availe the Tenant or Defendant in such suite it shall and may be lawfull to and for such Tenant or Defendant to plead the generall issue and to give this Act and the proceedings thereupon in evidence and if upon the tryall a verdict pass or upon Demurrer Iudgement be given for the Tenant or Defendant or the Plaintiff or Demandant be non suit that in all and every such case the party or parties Tenants or Defendants shall recover his or their double costs and dammages And be it further Enacted and ordained by the Authority aforesaid That the Commissioners appointed or to be appointed by his Majestie for the Execution of this present Act shall and may receive for themselves and for the Sub-Commissioners which they shall choose to attend and assist them therein the Fees hereafter mentioned and no other That is to say two pence for every profitable English acre which by any sentence Iudgement or Decree hereafter to be made by the said Commissioners shall be granted assigned set out restored or confirmed to any Adventurer Souldier old Proprietor or other Irish Papist or to any Parentee or Grantee or any other person or persons Bodies Politick or Corporate whatsoever in pursuance of any part of this present Act or of the said former Act or of any provisoe or grant therein made or by the same or these presents ratified or confirmed and such other Fees salaries and rewards for and in recompense of their paines endeavours in the Execution of such other partes of this and the said former Act which are intrusted to them as the Lord Lieutenant or other Chief Governour and Governours of this Kingdom for the time being and the Council shall think fit and appoint Be it hereby further provided Enacted by this present Parliament by Authority of the same that no prejudice or dammage whatsoever shall arise to or befall John Paine Esq for or by reason or in respect of his being necessitated to accept of One hundred pounds or thereabouts in the time of the late Vsurpers for the present subsistance of himself Family then residing in Dublin but that as to his full arrears due before the fifth of June One thousand six hundred forty nine for service in Ireland the said John Paine his Heirs and Assignes shall be admitted to have aske demand and receive as full and ample satisfaction for the same out of the security by this Act set apart for satisfying the arrears of the Commissioned Officers before the fifth of June One thousand six hundred forty nine to all intents and purposes as if he were to that end named provided for and saved in his Majesties Declaration of the thirtieth of November One thousand six hundred and sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One thousand six hundred forty nine and hath hitherto received no part of satisfaction for such his service shall may or ought to receive any clause Article matter or thing whatsoever in this present Act or any other Act mentioned or contained to the contrary thereof notwithstanding Provided alwayes and be it further Enacted That all Arrears of pay grown due before the fifth day of June in the year One thousand six hundred forty nine for which Sir Thomas Gifford Baronet deceased was to have received satisfaction in case he had now been living shall be satisfied unto Dame Martha Gifford the Relict and sole Administratrix of the said Sir Thomas Gifford her Heirs and Assigns in such the same manner as the same should or ought to have been satisfied to the said Sir Thomas Gifford Any thing in the aforesaid Act or this present Act contained or any other matter or thing to the contrary notwithstanding And whereas in and by the said former Act the Mannor Castle Town and Lands of St. Woolstownes alias Allens Court were intended to be settled upon
or any of them or to their or any of their uses were seized or possessed upon the Two and twentieth day of October One thousand six hundred forty one Notwithstanding that the same were not seized sequestred or set apart upon the account of the said late Rebellion or War are and shall be and are hereby declared deemed and adjudged as from the said Three and twentieth day of October One thousand six hundred forty one forfeited and to have been forfeited to Your Majesties Royal Father of ever blessed memory and Your Majestie Your Heirs and Successors and they are hereby from the said Three and twentieth day of October One thousand six hundred forty and one deemed declared and adjudged to have been and to be in the real and actual possession and Seizin of Your Majesties said Royal Father and Your Majestie Your Heirs and Successors without any Office or Inquisition thereof found or to be found freed and absolutely discharged of and from all Estates tail and of and from all Feoffments and other Conveyances made before the Three and twentieth day of October One thousand six hundred forty one by any person or persons being Tenants in tail where the intail was not legally docked or barred by Fine or Recovery before the Three and twentieth of October One thousand six hundred forty and one and of and from all Titles and Estates derived by from or under such Conveyances and also of and from all and singular Remainders Reversions Rights Titles Interests Services Chiefries Vses Trusts Conditions Fees Rent-charges and Chattels real Mortgages Rights of Redemption of Mortgages Recognizances Iudgements Extents Rights of Action Rights of Entry Statutes and all other Estates challenges and demands of what nature or kinde soever to the intent that the same may be settled confirmed and disposed of to and for such use and uses as in and by the said former Act were limited and declared and are not by this present Act changed or altered and to and for such other use and uses as in and by this present Act are declared or appointed and not otherwise Saving to Your Majestie Your Heirs and Successors all and singular such Estate Right Title and Interest of in and unto any Lands Tenements and Hereditaments within this Kingdom which Your Majestie hath or ought to have in right of Your Crown in Ireland other than by virtue of the aforesaid Act or this present Act and otherwise than by one or more Inquisition or Inquisitions of Lands in the Province of Connaught or Counties of Limerick and Clare and the County of Tipperary found and returned in the time of the Earl of Straffords Government in this Kingdom which said Inquisition and Inquisitions is and are hereby declared to have been from the time of the taking thereof absolutely null and void to all intents and purposes as if the same had never been had nor taken other than such Right and Title as in and by a certain Act of Parliament passed in England intituled An Act of free and general Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguished Any thing in this Act contained to the contrary notwithing Provided always That this Act or any thing therein contained shall not be deemed construed or taken to forfeit unto or vest in Your Majestie Your Heirs and Successors any Honors Mannors Castles Houses Places Lands Tenements Hereditaments or Chattel real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate walled Towns in this Kingdom on the Three and twentieth day of October One thousand six hundred forty one belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or in their Politick capacity or to any other Colledge Hospital Church Collegiate or Parochial or to the Church Wardens and Parishioners of any Parish Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish Church or to any other person or persons particularly named in the Proviso contained in the vesting Clause of the said former Act and whose Estate was thereby expresly saved and excepted from being vested in your Majestie Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majestie your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Protestant Heirs Executors Administrators or Assigns whereof upon the Two and twentieth day of October One thousand six hundred forty one they were respectively seized or possessed or otherwise interessed or intituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other than such Estate and Interest whereof they or any of them stood seized or possessed for the use of or in trust for any Irish Papist or Roman Catholick who by the Qualifications in the said Act hath not been adjudged innocent or any other forfeiting person or persons nor to any Iudgement or Decree which hath been obtained by any Protestant or Protestants in the late Court or pretended Court for Adjudication of Claims or in the Court of Exchequer or any the four Courts sitting at Dublin before the Two and twentieth of August One thousand six hundred sixty three or for which any Iudgement or Decree hath been confirmed had or made by the Commissioners heretofore appointed by his Majestie for the execution of His late gracious Declaration and Instructions or the aforesaid Act Nor to the vesting any the Lands Tenements Hereditaments or Chattels real Right Title Service Chiefry Vse Trust Condition Fee Rent Charge Chattel real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever of any Papist who by the Commissioners appointed for the execution of the aforesaid Act hath been adjudged innocent or the Heirs Executors Administrators or Assigns of any such Papist who hath been so adjudged innocent And it is hereby declared That no person or persons who by the Qualifications in the said former Act hath not been adjudged innocent shall at any time hereafter be reputed innocent so as to claim any Lands or Tenements hereby vested or be admitted to have any benefit or allowance of any future Adjudications of innocence or any benefit of Articles whatsoever but that they and every of them and all and every person and persons claiming by from or under them or any of them shall be and are hereby barred and excluded of and from