Gambar halaman
PDF
ePub

6

[ocr errors]

'all manner of such covenants and contracts, as well as upon other 'causes of action relating to the said service, should be vested in the 'officers of His Majesty's ordnance for the time being: And whereas 'His Majesty has been pleased to reduce the number of the principal 'officers of the ordnance, and it is expedient that two or more of such 'officers should be enabled to exercise and execute the respective powers, ' authorities and duties, and to perform and execute all such contracts, conveyances, leases, and other deeds and instruments relating to the 'public service of the said department, and to do and execute all such 'deeds, matters and things as by any act or acts, or otherwise, might or ought to be exercised, performed, done, or executed by three or more ❝ of such principal officers; "Be it therefore enacted," &c., " that immediately from and after the passing of this act all messuages, buildings, lands, tenements, and hereditaments, in Great Britain or Ireland, of copyhold or customary or ancient demesne tenure, which have been heretofore purchased or taken by or in the name of any person or persons in trust for His Majesty, or his royal predecessors, and his and their heirs and successors, for the use or service of the said ordnance department, or for the use and service of the said barrack department, either in fee or for any life or lives, or otherwise howsoever, and the appurtenances to the same respectively belonging, shall be and become and continue vested in the principal officers of His Majesty's ordnance for the time being, and their successors in the said office, according to the nature and quality of and in the respective estates and interests in such hereditaments and premises, for the use and service of the said ordnance department, and upon and for such trusts, intents, or purposes as are, in and by the said recited act of the first and second years of the reign of His late Majesty, expressed and declared or referred unto of and concerning the estates and property thereby vested in the said principal officers and their successors in the said office."

§. 2. "And be it further enacted, that all other messuages, buildings, lands, tenements, and hereditaments, in Great Britain or Ireland, of copyhold or customary or ancient demesne tenure, which shall at any time or times hereafter be purchased or taken by the principal officers of His Majesty's ordnance for the time being, or by any other person or persons by their order, or for the service of the said ordnance department, and the appurtenances to the same respectively belonging, shall be granted, surrendered, conveyed, and assured unto, and shall thereupon, and upon the admittance of the secretary or other person hereinafter directed to be admitted, be and become and continue vested

in the principal officers of His Majesty's ordnance for the time being, and their successors in the said office, according to the nature and quality of and the respective estates and interests in such hereditaments and premises, and without any words of limitation whatsoever, for the use and service of the said ordnance department, and upon and for such trusts, intents and purposes as aforesaid."

§. 3. And be it further enacted, that all messuages, buildings, lands, tenements, and hereditaments of every description, and whether in Great Britain, or Ireland, which before the passing of this act shall have been taken or conveyed or surrendered and are now held by way of mortgage, or for securing any sum or sums of money for the use of the ordnance service or barrack service, shall from and after the passing of this act be and become and continue, and all messuages, buildings, lands, tenements, and hereditaments of every description, and whether in Great Britain or Ireland, which shall hereafter be taken or limited by way of mortgage, or for securing any sum or sums of money, or by way of indemnity, or for any other purpose or purposes, for the use of the ordnance service or any objects connected therewith, shall be taken and conveyed and surrendered, and shall thereupon and when any admittance is necessary, upon any such admittance as hereinafter mentioned, shall be and become and continue vested in the principal officers of His Majesty's ordnance for the time being, and their successors in the said office, according to the nature and quality of and the respective estates and interests in such hereditaments and premises respectively, and without any words of limitation whatsoever, upon and for the trusts, intents, and purposes, to which the same are or shall be subject or made liable."

§. 5. "Provided always, and be it further enacted, that when and as the person, or, in those cases where there shall be more than one, the survivor of the persons, in whom any messuages, buildings, lands, tenements, and hereditaments of copyhold, customary, or ancient demesne tenure, heretofore purchased or taken as aforesaid, are now respectively vested, shall die, and when any messuages, buildings, lands, tenements, and hereditaments of any such tenure, shall hereafter be purchased, or taken as aforesaid, the secretary for the time being of the principal officers of his Majesty's ordnance, or any other officer of the ordnance department, or other person whom the said principal officers, or any two or more of them, shall from time to time appoint, shall be admitted to such hereditaments and premises, except that in the case of any mortgage or security such admittance shall be at

the option of the said principal officers; and that on the death of any person filling or who shall have filled the office of such secretary or the office of such officer as shall be so appointed, and who shall have been admitted, or of the person who shall have been admitted to any such hereditaments and premises, the secretary for the time being of the said principal officers who shall succeed or then be in office, or any other officer of the ordnance department, or other person who shall be from time to time appointed as aforesaid, (as the case may be,) shall be admitted to such hereditaments and premises; and that on the respective deaths of the person or persons in whom the hereditaments and premises hereinbefore in that behalf mentioned are now vested, and on whose death or deaths a heriot, fine, or any other sum or due would be due or payable, and on the death of the secretary or other officer or other person who shall be admitted as aforesaid, the lords and ladies of the manor of which the said premises are respectively holden, and their stewards, shall be entitled (in case no alienation shall have previously taken place) to such heriots, fines, and fees, and sums of money and other dues, as shall be due and payable and of right accustomed upon the death of a tenant and the admission of a new tenant, and as they would have been entitled to in case this act had not been passed; but nevertheless that such person or persons shall only continue tenant or tenants, and such secretary or officer or other person as aforesaid shall only be admitted, for the purpose of ascertaining and preserving to the lord or lady of the manor the right of escheat and all other rights, and for the purpose of performing such services (if any) as ought to be performed, and of determining when the heriots, fines, fees, and sums of money and dues, due or payable on the death of a tenant and the admission of a new tenant, shall become due and payable; and the said hereditaments and premises, as regards the legal estate, and for all purposes of alienation and all other purposes, save as aforesaid, shall be and become and continue vested in the said principal officers for the time being."

§. 6. "And be it further enacted, that all the powers and authorities of selling, exchanging, letting, conveying, and surrendering, bringing and defending actions and suits, and distraining, and all other powers and authorities whatsoever given to the said principal officers for the time being, or any three or more of them, by the said recited act of the first and second years of the reign of his late Majesty with respect to the estates and property thereby respectively vested in them respectively, shall apply to the hereditaments and premises which shall be

or become vested in the said principal officers by virtue of this act, except so far as the same may be inapplicable to any hereditaments vested in them by way of mortgage or security, while the same shall continue to be so held; and all the powers and authorities of the said last mentioned act given to bodies politic or corporate, and others, of contracting, and of conveying and surrendering lands and hereditaments, and otherwise, shall apply to messuages, lands, tenements, and hereditaments of copyhold, customary, and ancient demesne tenure, and to the purchase monies for the same; and all powers and authorities by the same act given to the barons or judges of his Majesty's Court of Exchequer relating to the purchase monies therein mentioned, and all other clauses, matters, and things whatsoever therein contained relating thereto, whether arising from the sale or purchase of lands or hereditaments or otherwise howsoever, shall apply to the monies which shall arise or become payable under this act; and all other clauses, matters, and things in the said recited acts or either of them contained, as far as the same shall be applicable to and not inconsistent with this act, shall apply to this act as fully and effectually to all intents and purposes as if all such powers, authorities, clauses, matters, and things, were respectively, severally, and separately repeated and reenacted in and made part of this act."

§. 10. "And be it further enacted, That in all contracts of every description, and in all conveyances, surrenders, leases, and other deeds and instruments whatsoever relating to the public service, which from and after the passing of this act shall or may be made or entered into by, to, or with the principal officers of the ordnance for the time being, or any two or more of them, or whereunto they or any two or more of them shall or may be parties, it shall be sufficient to call or describe the said principal officers by the style or title of " the principal officers of His Majesty's ordnance," without naming them or any of them; and that all such contracts, conveyances, surrenders, leases, and other deeds and instruments wherein the said principal officers shall be called or described by their style or title as aforesaid, and the execution thereof respectively by the said principal officers, or any two or more of them, shall be as valid and effectual, and shall have the like force and operation, to all intents and purposes whatsoever, as if the said principal officers, or any two or more of them, had been particularly named and described therein."

[ocr errors]

2 GEO. IV. & 1 W. IV. c. 60.

"An Act for amending the laws respecting conveyances and transfers of estates and funds vested in trustees and mortgagees; and for enabling courts of equity to give effect to their decrees and orders in certain cases." [23d July, 1830.]

[ocr errors]

[The first sect. repeals the 6th Geo. IV. c. 74, and other acts relating to conveyances of estates vested in trustees, being infants, idiots, &c., but so that the acts repealed by the 6th Geo. IV. should not be revived.]

[The second sect. contains certain rules for the interpretation of the act, the first being that the provisions therein relating to land shall extend to and include any manor, messuage, tenement, hereditament, or real property, of whatever tenure.]

[The third sect. enacts that where any trustee or mortgagee of land shall be lunatic, the Lord Chancellor may direct the committee to convey such land, in such manner as he shall think proper.]

[The fifth sect. extends that power to the case of a person being lunatic, but who shall not have been found such by inquisition.]

§. 6. "And be it further enacted, that where any person seised or possessed of any land upon any trust, or by way of mortgage, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the Court of Chancery, to convey the same to such person and in such manner as the said court shall think proper; and every such conveyance shall be as effectual as if the infant trustee or mortgagee had been, at the time of making or executing the same, of the age of twenty-one years."

§. 7. "And be it further enacted, that where any person seised or possessed upon any trust or by way of mortgage of any land situated within the duchy of Lancaster, or the counties palatine of Chester, Lancaster, and Durham respectively, or the principality of Wales, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the court of the Duchy Chamber of Lancaster, the Court of Exchequer in the county palatine of Chester, the Court of Chancery in the county palatine of Lancaster, the Court of Chancery in the county palatine of Durham, and the several courts of Great Session in Wales respectively, as to premises within the jurisdiction of

VOL. II.

N N

« SebelumnyaLanjutkan »