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land_n estate_n life_n remainder_n 3,973 5 10.9980 5 true
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A87330 Rules, orders, and directions appointed by his Majesties Commissioners for executing the Act of Settlement and the Act of Explanation of the same, to be observed by all persons concerned before them. Ireland. Commissioners for executing the Act of Settlement and the Act of Explanation. 1666 (1666) Wing I646; ESTC R226681 5,864 38

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RULES ORDERS and directions appointed by his MAJESTIES COMMISSIONERS for EXECUTING the Act of SETTLEMENT And the Act of EXPLANATION OF the same to be observed by all persons concerned before them HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT DUBLIN Printed by John Crook Printer to the Kings Most Excellent Majestie 1666. Rules Orders and Directions appointed by his Majesties Commissioners for Executing the Act of Settlement and the Act of Explanation of the same to be observed by all persons concerned before them I ALL Adventurers and Souldiers and Protestant purchasors in Connaught and Clare and other persons claiming any Lands or Tenements by virtue of the said Act of Settlement or of the Explanatory Act other then persons already adjudged or restored shall put in their petitions or Schedules into the Registry of the said Commissioners within Thirty dayes after the date hereof The said Petitions to be under the hand and Seal of the partie claiming or under the hand and Seal of some Agent authorized by them and signed also by one of the Attournies of this Court hereafter named II. Every one so claiming shall in their said Petition or a Schedule distinctly express what Lands they or those from whom they claim were possest of upon the 7th of May 1659. with the County and Barony where the same do lye and also the denominations of the said lands and the quantity of Acres profitable and unprofitable according to the Down Survey where the said Down Survey hath been taken And where the Down Survey hath not been taken then by the Survey taken in the Earl of Straffords time and if it be not within that Survey then by some other Survey according to the directions in the said Explanatory Act page the 10th And where no Survey hath been taken then the said lands are to be described by the most apt and known Denominations both English and Irish that may be III. Every one Claiming as aforesaid shall likewise in his Petition or Schedule set forth what lands they have lost or been removed from since the said 7th of May 1659. whether by decree of the Court of Claimes or otherwise and to whom the same is decreed or restored and what estate therein is decreed away whether for life or in remainder in Fee or for years IV Every one so claiming shall likewise in his Petition or Schedule express distinctly what incumbrances the land he is now possest of is lyable unto and to whom and when and by what Court the same were allowed or decreed and for the receiving and entring the said Petitions and Schedules no Fee is to be paid unto the Register V Every Adventurer shall likewise set forth the name of the original Adventurer from whom he claimes and the sum of money that was paid and shall likewise distinguish what lands he had set forth upon the doubling Ordinance and if the lands were set out promiscuously with other lands then they do express what money was lent upon the said doubling Ordinance VI. Every Souldier likewise to set forth in whose right and for whose service the land he claimeth was first set out VII Every Petition and Schedule after it hath been entred and marked by the Register shall be transmitted to our Sub-commissioners hereafter named who are to examine and compare the same aswell with the decrees formerly made as to such lands which have been decreed away as also with the Records remaining in the Surveyor Generals Office where it shall be necessary and to return them back into the Registry with their examination and with the stating of the Quit-rents due thereupon to his Majestie After which the Commissioners will appoint convenient times for the final hearing and adjudication of the same VIII If any Adventurer Souldier or Connaght purchasor or other person who by the Act is to enjoy two third parts of what he was possest of the 7th of May 1659 is now possest of less then his due proportion and yet shall desire to take out his Certificate for what he is now possest of The Commissioners will proceed to heare his claim for so much as he is in possession of and to state his deficiency for so much more as shell by the Rules of the Act be due unto him in order to his future reprizal and satisfaction IX If any Adventurer or Souldier c. have more in his possession then his two thirds he is to make his Election in his said petition or schedule of what third part he will quit observing therein the Rules of the said Explanatory Act page the 11th and 12th X. If any Adventurer Souldier c. having as aforesaid more land in his possession then his two thirds have any deficiencies or other interest allowable by the said Act to place upon his overplus that he do express and mention the same in his petition and if he have none now ready he shall if he desire the same in his petition have the preference for three months after the putting in the same for placing any such deficiencies or other allowed interest upon the overplus now in his possession And if in three months he do not procure any and give publike notice thereof to the Commissioners That then the Commissioners will proceed to dispose of the said overplus to the uses to which by the Act they are appointed Nevertheless the said Adventures Souldiers c. having overplus as aforesaid shall be at their liberty to take out their certificates immediately for the two thirds they shall elect to keep if they shall desire so to do XI Adventurer Souldier c. who by decree of the Court of Claimes or otherwise have lost any lands for life or in remainder shall in their petitions make their election according to the rules mentioned in the said explanatory Act page 23 and 24. XII Adventurer Souldier c. being possest of any Estate where the proprietor hath been decreed inoncent but left to the Law for recovery of his Estate are likewise to make their election in their petitions if conveniently they can or otherwise within three months after the first sitting of the Commissioners at the farthest whether they will stand the Tryall at Law or quitt the land and have recourse to their proportionable satisfaction according to the rules of the said explanatory Act page 54 and 55. XIII The trustees for the Officers who served His Majestie or his Royall Father of Blessed Memory before the 5th of June 1649 shall forthwith deliver unto the said Commissioners a list in writing containing the names of all such Officers who they conceive are to be Post-poned and likewise of all those whose arreares are to be retrench't by virtue of an Order made by the Lord Lieutenant and Councell bearing date the 12th day of January 1663 reducing those Officers under the severall titles and qualifications mentioned in the said Order to the end that due and publique notice may be given to all persons concerned