September 1652: An Additional Act for Sale of Fee-farm Rents.

September, 1652

[9 September, 1652.]

Act 6 Feb. 1650: recited.; 25000 l. to be borrowed upon security of the remainder of Fee-Farm Rents.; 30 April 1649.

Whereas by an Act of this present Parliament, Entituled, An Additional Act for Sale of the Fee-farm Rents, the Trustees and Contractors appointed for Sale of the said Rents, have in pursuance of the said Act, made several Contracts and Sales of part of the premises, by which the sum of Twenty five thousand pounds, appointed by the said Act to be advanced and secured, is advanced and secured, and notwithstanding, there is yet a considerable remainder of the said Rents unsold; The Parliament taking into consideration the present great occasions the Commonwealth hath of moneys for carrying on of the Publique Service, Do Enact and Declare, and be it Enacted and Declared by the authority of this present Parliament, That the sum of Twenty five thousand pounds shall be borrowed upon the security of such part of the premises as shall remain over and above the said Twenty five thousand pounds appointed to be doubled by the Act of Parliament aforesaid, by way of doubling the like sum as shall be due unto any person or persons, Body Politique or Corporate, which by an Act of this present Parliament (Entituled, An Act of the Commons of England in Parliament assembled, for the abolishing of Deans, Dean and Chapters, Canons, Prebends, and other Offices and Titles of or belonging to any Cathedral or Collegiate Church and Chappel within England and Wales) or by any Additional Act, Instructions or Votes in Parliament might have been doubled upon the security held out by the said Act.

Publique Faith moneys may be assigned.; Doubled moneys may be assigned,; and accepted in satisfaction of Purchase money.

And be it further Enacted, That it shall and may be lawful to and for any person and persons, his or their Executors and Administrators, Body Politique and Corporate, to grant such his and their Publique Faith moneys, or other moneys so admitted to be doubled as aforesaid, and the Bills, Certificates or Receipts for the same, and the Interest due and to be due thereupon unto any other person and persons; and all and every such Assignee and Assignees, Bodies Politique and Corporate, shall have the like benefit and advantages, to all intents and purposes, as the first Lender or Owner might have had within the intent of this Act: And that it shall and may be lawful for any person or persons, Body Politique or Corporate, who shall advance by way of doubling as aforesaid, any sum or sums of money towards the raising of the said Twenty five thousand pounds upon the security of the premises, to assign the moneys which shall be due unto him or them upon such doubling, and the Interest and Benefit thereof, to any person or persons, Body Politique or Corporate, that shall become a Purchaser of any part of the premises: And that all and every sum and sums of money due by or upon such doubled Bills, shall be accepted, reputed and taken in satisfaction of the whole, or any part of the moneys contracted for upon such purchase, as if the same had been paid in ready moneys; and all Officers concerned therein, are hereby authorized and required to admit and allow the same, and to proceed accordingly.

Colonel Robert Manwaring Register.

And be it Enacted and Ordained, That Colonel Robert Manwaring shall be Register-Accomptant for the said premises; and that he shall ascertain the Principal and Interest (where Interest is allowed) of such moneys as shall be doubled by vertue of this Act, and the same to certifie unto the Treasurers formerly appointed for the said premises; and upon such Certificate of what Principal and Interest is due to any as shall be Lenders within the intent of this Act, the said Treasurers or any two of them, are hereby authorized to give to such Lender or Lenders a Receipt or Receipts, as well for the old Debt and Interest stated and certified (as aforesaid) as also for the moneys lent towards the advancement of the said sum; Provided that the said Register-Accomptant do not certifie any Debt unto the said Treasurers, but such as shall be first allowed of by the Trustees and Contractors for the said premises, or any five or more of them.

Lenders to be allowed Six pounds per cent.

And be it further Enacted and Declared, That such Lender or Lenders, their Executors, Administrators and Assigns shall have allowed to him and them, their Executors, Administrators and Assigns, in the purchase of any part of the premises, six pounds per centum by the year, where Interest is allowed, for such moneys as shall be due unto him or them upon the said Treasurers Receipts as aforesaid.

Moneys for doubling to be paid.; within ten days after Certificate.; Ten years Purchase.

And it is further Enacted by the authority aforesaid, That every person and persons, Body Politique or Corporate, who shall lend any moneys on the said Security as aforesaid, and shall have his or their Debt and Interest stated and certified by the said RegisterAccomptant as aforesaid, shall pay in to the Treasurers in the first recited Act named, the moneys wherewith he ought to double as aforesaid, within ten days next after the Certificate thereof made to the said Treasurers, or otherwise shall forfeit his or their moneys allowed to be doubled by the said Trustees as aforesaid, unless he or they shew good cause to the Treasurers or any two of them, to be allowed by them or any two of them for his or their neglect: Provided onely, That the said Trustees shall not, nor do not, after the Thirteenth of September, in the year One thousand six hundred fifty and two, sell any of the Fee-farm Rents, or other Rents mentioned in the said Acts under Ten years purchase.

Trustees and Contractors power to sell.; 11 March 1649.

And it is further Enacted, That the said Trustees and Contractors for sale of the said Rents, shall and may sell any of the Fee-farm Rents, or other Rents mentioned in the said Additional Act, and in two other Acts of this present Parliament, the one Entituled, An Act for selling of 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 by another Act, 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 said Trustees and Contractors, or any five or more of them, are hereby enabled and authorized to sell and convey any part of the premises unto any person or persons, Body Politique or Corporate, as shall be a Purchaser thereof, according to the Rules, Instructions and Directions as are given and set down in the said Acts or either of them: And the Purchaser or Purchasers, his or their Heirs or 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 any of the aforesaid Acts, may, can or ought to have or take by vertue and force of any the said Acts.

Trustees and other Officers power, as in former Acts.

And be it further Enacted, That the Trustees, Contractors, Comptroller, Register and Register-Accomptant named in the said Acts or any of them, shall and may put in execution the same powers and authorities, in relation to the premises let to sale by this Act, as they have done or might have done by vertue of any the said Acts of Parliament appointing the sale of the aforesaid Fee-farm Rents.

One hundred pounds for the Register-Accomptant.; Other Officers two pence in the pound.

And be it further Enacted and Ordained, That the said RegisterAccomptant shall have paid unto him for him and his Clerks, and other charges for their service in and about the premises, out of such moneys as shall be doubled upon the said security, the sum of One hundred pounds for his service herein: And the said Treasurers are hereby enabled and authorized to make payment thereof accordingly; provided that the Trustees, Contractors, Treasurers, Register and Comptroller, shall have and receive onely Two pence upon every pound so contracted for upon doubling, presently at the making of the said Contract, which shall be allowed in part of the sum contracted for, to be in lieu of the salaries for themselves and their Clerks, and to be distributed amongst them according to the directions of the first recited Act.

Five hundred pounds per annum issuing out of the New River, vested in the Trustees for sale.; Indenture 18 November, 1631.; The Purchaser to have benefit of all Conditions and Covenants.

And whereas Henry late Lord Viscount Falkland, Sir Robert Nanton Knight, Master of the late Court of Wards and Liveries, and Sir Julius Cesar Knight, late Master of the Rolls, being Trustees for Charls Stuart late King of England, of the moyety or half part of the Rents, Issues and Profits arising or accrewing out of the River commonly called the New River, running from the Springs of Chadwel and Amwel in the county of Hertford, to the City of London, by Indenture bearing Date the Eighteenth day of November, in the year of our Lord God, One thousand six hundred thirty and one, by the appointment of the said late King, being party to the same Indenture, did grant unto Sir Hugh Middleton Baronet, since deceased, and his Heirs, the said moyety or half part of the said Rents, Issues and Profits arising and accrewing out of the said River, with a Covenant, Proviso or Condition, That the said Sir Hugh Middleton, his Heirs or Assigns, should yearly for ever yield and pay unto the said late Kings Receiver-General of the City of London, or into the said late Kings Exchequer at Westminster, for the use of the said late King, his Heirs and Successors, the yearly Rent or sum of Five hundred pounds, upon the Nine and twentieth day of September, and the five and twentieth day of March, by equal portions, or within Forty days after any of the said days of payment: And whereas some doubt hath arisen whether the said yearly sum of Five hundred pounds be comprehended within any of the Acts of this present Parliament, for the sale of Fee-farm Rents belonging to the Commonwealth of England, for that the same is not expressly reserved, payable out of the moyety of the issues and profits arising out of the said New River; For remedy whereof, and for the clearing of the said doubt, Be it Enacted by this present Parliament and the authority thereof, and it is hereby Enacted, That the said yearly sum of Five hundred pounds, from the Eleventh day of March, One thousand six hundred forty nine, shall be, and is hereby adjudged and taken to be from thenceforth issuing out of the said moyety of the issues and profits arising or accrewing out of the said River: And that as well the said yearly sum of Five hundred pounds, as the benefit and advantage of the said Proviso or Condition, and all Covenants contained in the said Indenture on the part of the said Sir Hugh Middleton, his Heirs or Assigns to be performed, shall be from the said Eleventh day of March, One thousand six hundred forty nine, granted unto, vested, setled and executed, and shall be, and are hereby deemed, adjudged and taken to be from thenceforth granted unto, vested, setled and executed in the real and actual Possession and Seisin of Thomas Cook, and other the Trustees named in the Act, 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, to such and the same intents and purposes, as for and concerning the Fee-farm Rents, and other things in the said Act are expressed: And that all and every person who hath purchased or shall purchase the said Rent of Five hundred pounds per annum, shall have like benefit and advantage of the said Proviso, or Condition and Covenants, and shall have like ways and means for the recovery of the same Rent and the Arrears thereof, in as ample and beneficial maner, to all intents, constructions and purposes, as he or they might have had by force of any of the said Acts of Parliament for the sale of Feefarm Rents, if the same Rent and Proviso, or Condition upon the said Grant by the said Indenture had been reserved out of the said moyety of the issues and profits of the said New River, and had been vested, setled and executed in the said Trustees, by any of the said former Acts of Parliament for the sale of Fee-farm Rents.