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A74385 An act for the further explanation of the former act, entituled, An act for selling the fee-farm rents belonging to the Commonwealth of England, fomerly payable to the crown of England, dutchy of Lancaster, and dutchy of Cornwal. Die Martis, 13€ Augusti, 1650. Ordered by the Parliament, that this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti. England and Wales. Parliament. 1650 (1650) Thomason E1061_15; ESTC R209248 6,956 14

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since the Five and twentieth day of March One thousand six hundred and thirty That the same shall not be granted out by the said Trustees And further That where any person or persons Bodies Politique or Corporate have held any Manors Lands Tenements or Hereditaments subject to the payment of any Fee-farm Rent or other Rent which hath been usually paid or answered by the Owners or Occupiers of such Lands so charged And that by colour or pretence of such Patent of Concealment or by pretence of Commissions for defective Titles passed of the same Lands some other or greater Rent hath been reserved or put in charge but the same hath not been answered or paid by the Owners or Occupiers of the said Lands within the time last before mentioned That in such case the said Trustees are hereby enabled and directed to make sale of such the said Fee-farm Rents and other the premises as hath been so usually answered and paid as aforesaid And that the Tenant of the Lands charged with the said Rents or sums of Money shall hold the same Lands subject to the said Rent so granted and shall hold the same discharged of the said Rent so reserved by vertue of the said Patent or Concealment or by Commission of defective Titles and all Seizures Proces and Distresses for the same until the same shall be recovered by due Proces of Law And be it Enacted by the Authority aforesaid That the said Trustees named in the said first mentioned Act or any five or more of them shall have Power and are hereby authorized to set and impose a value and Rate upon all Hundreds Bailywicks Liberties Franchises Reservations Conditions and Covenants mentioned and reserved in any Charters Patents and Grants according to the best of their judgements such Informations as they can have and receive concerning the true and real value thereof And the said Trustees or any five or more of them are hereby authorized and enabled to contract for sell and convey the same unto any person or persons and their Heirs or to any Corporation or Body Politique and their Successors in such maner and according to such Rates as before are declared and directed for sale of any part of the premises And be it further Enacted by the Authority aforesaid That the said Trustees or any five or more of them shall not sell any of the said Fee-Farm Rents and other the premises under eight years purchase and so proportionably for Reversions upon Life or Lives or any number of years And be it further Enacted by the Authority aforesaid That the said Trustees or any five or more of them their Councel and Agents by them appointed shall have power and are hereby authorized from time to time to make searches and view all such Records remaining in the Tower of London Exchequer Office Pipe Office the Office of the Rolls in Chancery or else-where as shall or may any ways concern and conduce to the better discovery of the premises or any part thereof and shall and may take and have Copies thereof for the use of the Commonwealth without paying any Fees therefore And be it further Enacted by the Authority aforesaid That where any of the Fee-Farm Rents and other the Rents before mentioned Bailywicks Liberties Hundreds and Franchises shall be found to be in charge Entred or Inrolled before any Officer or Officers whatsoever of the Exchequer or any other Court of Record That in such case the said Trustees or any five or more of them shall and may send to such Officer or Officers for Certificates and particulars thereof which Officer and Officers shall and are hereby required to deliver the same upon Oath to the said Trustees who are hereby enabled to Administer the same unto them and shall and may upon return thereof made unto them proceed to contract sell and convey the same in such maner as by this and the said first mentioned Act is directed and appointed And be it further Enacted by the Authority aforesaid That all and every person or persons who shall contract for any of the premises shall pay in his purchase money within the times limited respectively in the said former Act for the payment thereof unless he or they can procure frō the said Trustees or any five or more of them upon good cause shewn and to be allowed by them a Certificate or Certificates for further time to pay in the same and to perfect his or their conveyance which Certificate and further License or Licenses the said Trustees or any five or more of them are hereby authorized to give whereof the said Treasurers are to take notice and to make their Receipts and Certificates accordingly Provided always and be it further Enacted by the Authority aforesaid That if any person or persons Bodies Politique or Corporate shall desire to purchase any Fee-Farm Rent sum of Money or other thing or duty in this or the former Act mentioned and intended to be sold and of the same shall procure a Particular or Certificate and the same shall be under the yearly value of Forty shillings That then such Particular or Certificate being Subscribed and Signed by the Trustees or any five or more of them with a Memorandum of the thing and the Estate and Sum for which the same is granted That from thenceforth the same shall be as fully setled in such Purchaser and the same shall be as good and effectual a Grant and Assurance thereof and the Purchaser to have all and like advantages of all penalties and Nomine poene's and for Recovery of the same and all incidents thereunto as if the same had been by any Formal or Legal assurance conveyed unto such Purchaser by the said Trustees according unto this or the former Act or as if the same had been particularly mentioned and granted unto such Purchaser in and by this and the said former Act for which no Fee Gratuity or Reward shall be given or taken Die Martis 13º Augusti 1650. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti
first mentioned Act and of all Suits and Demands which may arise or be moved upon pretence of Sales at under-values and all other Claims and Demands saving such as are herein before saved and that the premises shall not be lyable to but shall remain continue and be to the several and respective Purchasers thereof their Heirs Successors and Assigns respectively freed and discharged of and from all Charges and Incumbrances had made done committed or suffered or to be had made done committed or suffered by the said Trustees or any of them And that such of the premises as shall be so conveyed to any such Purchaser or Purchasers shall from henceforth be adjudged and taken to be in the Actual Seisin or Possession of such Purchaser or Purchasers respectively as shall purchase the same And all and every such Purchaser or Purchasers his and their Heirs Successors and Assigns respectively shall and may from time to time enter into any of the Manors Messuages Lands Tenements and Hereditaments or into any part thereof and into any Cities Boroughs Towns Corporate Corporations and Fraternities out of any of which such Fee-farm Rents or other Rents Duties or Sum of Money before mentioned are reserved or payable and in default of payment thereof shall and may levy the same by way of Distress and sale of the Goods of any person Owner Occupier or Possessor of any such Manors Messuages Lands Tenements or Hereditaments or of any Citizen or Freeman of any such City Borough Town Corporate Corporation or Fraternity respectively And all and every Purchaser or Purchasers his and their Heirs and Assigns of any Fee-farm Rents or other Rents Duties or Sums of Money payable or reserved out of any Rectory Impropriate Hundred Bailywick Liberty or Franchise shall and may in default of payment thereof at the election of such Purchaser or Purchasers his and their Heirs and Assigns enter into any of the Manors Messuages Lands Tenements and Hereditaments within England and Wales whereof the Owner of such Rectories Impropriate Hundred Bailywick Liberty or Franchise is seized or possessed of and shall and may levy the same by way of Distress and sale of the Goods distrained or shall or may bring his and their Action of Debt against such Owner And such Purchaser and Purchasers his and their Heirs and Assigns shall and may have take and use the same such or the like Benefits and Advantages Means Proces and Proceedings for the Recovery thereof as any Purchaser or Purchasers of any of the Fee-farm Rents or other things mentioned or intended in or by the said first mentioned Act may can or ought to have or take by force and vertue of that Act and shall in reference to such of the premises as have been or shall be by them respectively purchased have such and the like Reprises in such and the like Cases as any Purchaser or Purchasers of any of the Lands or Possessions of the late Archbishops or Bishops or of any of the late Deans and Chapters in reference to those Lands may can might or ought to have by vertue of any Act or Ordinance of Parliament in that behalf made And that the same persons who by the said mentioned Act are authorized to be a Committee of Obstructions be and are hereby made and authorized to be a Committee for the Removing of Obstructions in the sale of the premises hereby appointed to be sold and in reference thereunto shall have and exercise all such and the like Powers as are given to any Committee of Obstructions by the said first mentioned Act or by any other Act or Ordinance of Parliament And that the said Trustees or any five or more of them and all and every other person and persons whom it may concern shall have the like Powers and Authorities and are hereby required and authorized to proceed in like sort and to observe the like Rules and Directions in relation to the premises as in the said first mentioned Act are contained concerning any of the Fee-farm Rents or other thing therein mentioned Provided always and it is by the Authority aforesaid further Enacted That such and so much of the said Fee-farm Rents and premises and such Sums of Money Rents resolute perpetual Pensions Stipends Salaries Annuities Alms Corrodies Profits and Allowances as at the time of the making of the said first mentioned Act were due or payable or which are chargeable upon have been or ought to be paid or allowed to or for the maintenance of any Grammar Shool or Shollars Preachers or for or towards the reparation of any Church Chappel High-way Causeway Bridges Schools Almshouses Castles or any other Vses upon or out of or for the premises or any of them which by this or the said first mentioned Act are vested or setled in the said Trustees and their Heirs shall be and continue to be paid and allowed as they were and have been heretofore And they the said Trustees are hereby authorized to set out convey and assure unto such person and persons and their Heirs Bodies Politique or Corporate and their Successors and Assigns as they the said Trustees shall think fit in trust for the performance of the uses aforesaid or any of them such of the said Fee-farm Rents Duties or Sums of Money payable as aforesaid as shall amount unto any of the Sums so charged limited or allowed to or for the uses or purposes aforesaid Any thing herein contained to the contrary notwithstanding And for the better execution of this and the said first mentioned Act The said Trustees or the major part of them are hereby authorized to take to their assistance such Councel Learned and other Officers as they shall conceive necessary and that they or any five of them shall and may make such Allowances to them and their Officers imployed in this service and for incident charges out of the Moneys to be raised by sale of the premises or any part thereof as they with the approbation of the said Committee of Obstructions shall think fit and for payment thereof from time to time to make Warrants to the Treasurers appointed by the said first mentioned Act who are hereby required and authorized to pay the same accordingly And forasmuch as upon divers Commissions of Defective Titles Inquisitions or Suggestions of Concealments divers Patents have formerly passed the Great Seal of divers Manors Lands Tenements Liberties and Hereditaments whereupon divers Fee-farm Rents or other Rents have been reserved and sometimes put in charge where in truth nothing hath passed by the said Letters Patents nor have the Manors Lands Tenements Liberties or Hereditaments mentioned to have been granted been enjoyed or held under the said Letters Patents but under other Titles or by vertue of other Letters Patents whereupon other Rents are reserved Be it therefore Enacted That such Fee-farm Rents or other Rents which have not been paid by the Owners or Occupiers of the Manors Lands or Tenements charged or mentioned to be charged therewith