September 1653: An Explanatory Additional Act for the Sale of the remaining Fee-farm Rents, and the finishing of that whole affair.

September, 1653

[8 September, 1653.]

Act 11 Mar. 1649.; August 13 1650.

Whereas by several Acts of Parliament (viz.) One of the Eleventh of March, One thousand six hundred forty nine, Entituled, An Act for selling the Fee-farm Rents belonging to the Commonwealth of England, formerly payable to the Crown of England, Dutchy of Lancaster and Dutchy of Cornwal, And the other of the Thirteenth of August, One thousand six hundred and fifty, Entituled, An Act for the further Explanation of the former Act: All the said Fee-farm Rents, and other Rents in the said several Acts mentioned, were granted unto, vested, setled and executed, in the real and actual possession and seisin of several Trustees in the said first mentioned Act named, and their Heirs: And the said Trustees are by the said several Acts enabled to put to sale, contract for, sell and convey the same to any person or persons and their Heirs: And that such of the premises as shall be so conveyed to any such Purchaser, should from thenceforth be adjudged and taken to be in the actual seisin or possession of such Purchaser or Purchasers respectively as shall purchase the same.

6 February 1650.; Part of the moneys lent are unsatisfied.; Purchasers interrupted.

And whereas by another Act of Parliament of the Sixth of February, One thousand six hundred and fifty, Entituled, An Additional Act for the sale of the Fee-farm Rents, and for the doubling of money thereupon; the said Fee-farm Rents and other Rents, are declared a Security to the Lenders of Money thereupon doubled: And whereas some part of the Moneys lent upon the said Security is yet unsatisfied, and several of the said Fee-farm Rents, Rents reserved, and other Rents, have been sold by the said Trustees, according to the Powers given to the said Trustees by the aforesaid Acts; but the Purchasers cannot receive and enjoy the same according to their Contracts and Purchases, but the same are detained and withheld from them by the Owners, Tenants and Occupiers of the Manors, Lands, Tenements and Hereditaments, out of which the said Fee-farm Rents, Rents reserved, and other Rents are issuing; upon pretence that several of the Manors and Lands late forfeited to the Commonwealth for Treason, out of which the said Fee-farm Rents and other Rents were issuing, have since the said Fee-farm Rents and other Rents were vested and setled in the Trustees as aforesaid, been by Acts, Orders and Ordinances of Parliament, vested and setled in other persons and their Heirs; by colour whereof, such persons as derive their Interests under such Acts, Orders and Ordinances, do not onely claim the said Lands so vested in them, but expect to hold the same totally discharged from the said Rents, to the payment whereof the Estates forfeited were liable, whereby the Purchasers are greatly damnified, the Security much impaired, and the Commonwealth deprived of the benefit arising by sale of the said Fee-form Rents, and other Rents as aforesaid.

Lands charged with Fee-farm Rents and other Rents exposed to sale, shall remain charged.

For remedy whereof, Be it Declared, Enacted and Ordained, and it is Enacted, Declared and Ordained by this present Parlia ment, and by the authority of the same, That all dan every the Manors, Lands, Tenements and Hereditaments which are charged with, or liable to the payment of any Fee-farm Rents, Rents reserved, or other Rents, at the time of the making of the said first mentioned Act; which said Fee-farm Rents, Rents reserved, or other Rents, were vested and setled in the said Trustees and their Heirs as aforesaid, be and are hereby charged with, and shall and do stand for ever liable to the payment of the respective Fee-farm, Rents, Rents reserved, and other Rents, which they so formerly stood chargeable with respectively, and shall and do from time to time, for ever, pay and satisfie the same to the said Trustees and their Heirs, in case they have not sold the same: And to such person and persons and their Heirs, to whom the said Trustees have or shall hereafter sell the same, according to the Powers and Authorities by them given by the several Acts of Parliament aforesaid, into whose hands soever the said Manors, Lands, Tenements or Hereditaments have come, or hereafter shall come; and shall be paid and satisfied to the respective Purchasers and their Heirs respectively, Any Act or Order, or any construction thereupon made to the contrary in any wise notwithstanding. And the said respective Purchasers and their Heirs, shall have all such and the like Powers, Authorities, ways and means for the recovery of the said Rents, and all Arrears thereof due since the respective Purchases made of the same respectively from the said Trustees, as any the Purchasers of any other Fee-farm Rents, of or from the said Trustees, may, might or ought to have by vertue of any of the aforesaid Acts of Parliament, or otherwise howsoever.

Assurances from the Trustees to be good, though not Inrolled.

And be it further Enacted by the authority aforesaid, That all and every Conveyance and Assurance made by the said Trustees, or any five or more of them, to any Purchaser or Purchasers of any Fee-farm Rents, or of any the particulars appointed by the said Acts to be sold, according to and in pursuance of the Acts of Parliament aforesaid, or any of them, notwithstanding the same have not hitherto been Inrolled according to due course of Law shall be as good and effectual to all intents and purposes to the respective Purchasers and their Heirs, as if the said Conveyances had been duly Inrolled.

Inrollment good though the time be elapsed.

And if any of the said Purchaser or Purchasers shall be desirous to Inrol his or their Conveyance or Conveyances, Be it Declared, Enacted and Ordained by this present Parliament, and by the authority thereof, That every such Conveyance so Inrolled, shall be good and effectual in Law to the respective Purchaser and Purchasers thereof, and their Heirs respectively, to all intents and purposes whatsoever; notwithstanding the lapse of time, and that the same were not Inrolled according to the time by Law required, as if the same had been duly Inrolled.

So it be within six moneths after this Act.

Provided, That such of the said respective Conveyance and Conveyances as have not been Inrolled according to the course of Law, be Inrolled within Six moneths from and after the day of the passing of this Act.

Purchasers may apply for Reprizes in several cases within four moneths.; Such Reprizes shall be allowed.

And it is hereby further Enacted and Declared, That all Pur chasers of the said Fee-farm Rents, to whom any Reprizes for decayed Rents or otherwise are due; and all persons, Body Politique or Corporate, that have not yet applyed themselves to the said Trustees to have allowance of such sums of money, Rents Resolute, perpetual Pensions, Stipends, Salaries, Annuities, Alms, Corrodies, Profits and Allowances, as at the time of the making 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-Schools or Scholars, Preachers, or for or towards the reparation of any Church, Chappel, Highway, Caus-way, Bridges, Schools, Alms-houses, Castles, or any other uses upon or out of the premises or any of them, shall and may apply themselves within the space of Four moneths after the passing of this Act, for the allowance of all Reprizes due as aforesaid: As also for all sums of money charged as aforesaid, to the uses and purposes aforesaid: And that the said Trustees and Commissioners for removing of Obstructions respectively, shall and may, and are hereby impowered and authorized to grant and allow such Reprizes, and all sums of money charged as aforesaid.

No Reprizes to be granted after six moneths.; Purchasers to pass and perfect their Conveyances,; Salaries to determine.

Provided, That such Reprizes and allowances be granted and allowed within Six moneths after the passing of this Act, and that from and after the last limited time as aforesaid, the granting and allowing of all Reprizes and sums of money charged as aforesaid shall cease; and all Purchasers within Six moneths after the passing of this Act, shall pass and perfect their Conveyances: And that from and after the said Six moneths, all Salaries to all Officers imployed in the sale of the said Fee-farm Rents, shall likewise cease and determine.