No. XXXII. incumbrances (if any); any law custom or usage, or any clause matter or thing herein-before contained to the contrary thereof in anywise not1 & 2 withstanding. Geo. IV. c. 93. XI. And be it further enacted, That it shall be lawful for the said principal officers and commissioners of his Majesty's Navy for the time being, and they are hereby authorized and empowered to bring, proseCommissioners cute and maintain any action or actions of ejectment, or other proceedof the Navy may ing at law or in equity, for recovering possession of any manors, mesbring actions of suages lands tenements or hereditaments by this Act vested in them as ejectment. aforesaid, and to restrain or sue for any arrears of rent which shall have become or shall become due for or in respect thereof, under any parol or other demise from the said principal officers and commissioners, or any three or more of them, or from any person or persons on their behalf, or on behalf of his Majesty, and also to bring prosecute and maintain, or to defend any other action or suit in respect of or in relation to the said manors messuages lands tenements or hereditaments, or of any trespass or encroachment commited thereon, or damage or injury done thereto; and that in every such action or suit the said principal officers and commissioners for the time being shall be called "The Principal Officers and Commissioners of his Majesty's Navy," without naming them or any of them; and that no such action or suit shall abate by the death resignation or removal of such principal officers and commissioners, or any of them; any law custom or usage to the contrary thereof notwithstanding. Enabling incapacitated per sons to sell or exchange lands. Application of X. And be it further enacted, That it shall be lawful for all bodies politic or corporate, ecclesiastical or civil, and all feoffees or trustees for charitable or other public purposes, and for all tenants for life and tennants in tail, and for the husbands guardians trustees committees curators or attornies of such of the owners or proprietors of, or persons interested in any manors messuages lands tenements or hereditaments which have been or may be hereafter agreed to be taken or purchased for the use of the several departments of the said naval service, or any of them, as shall be femes covert infants lunatics idiots or persons beyond the seas, or otherwise incapable of acting for themselves, to contract or agree with the said principal officers and commissioners of his Majesty's navy for the time being, either for the absolute sale or exchange of any such freehold or copyhold manors messuages lands tenements or hereditaments, or for the enfranchisement of any copyhold messuages lands or nereditaments, or sale of any reversion after any estate or estates for lives or years, or for the grant of any lease either for life or lives, or for any term of years certain herein, or for such period as the exigency of the public service shall require, and to convey surrender demise or grant the same accordingly; and all contracts sales conveyances enfranchisements surrenders leases and agreements which shall be made in pursuance hereof, shall be valid and effectual in law to all intents and purposes whatsoever, and shall be a complete bar to all dower and claims of dower estates tail and other estates rights titles trusts and interests whatsover. XI. And be it further enacted, That in every such case of purchase of any lands or hereditaments, or of any reversion as aforesaid, or the enfranchisement of any copyhold, or purchase of any other interest belonging to any such body politic corporate or collegiate feme covert infant lunatic, or other person or persons under any disability or incapacity, or not having the absolute interest therein, the purchase-money, if the same shall amount to or exceed the sum of two hundred pounds, shall be paid to one of the cashiers of the Bank of England, the Bank of Scotland, or the Bank of Ireland, with the privity and to the account of the accountant-general or the King's remembrancer, or other proper officer for the time being, of his Majesty's Courts of Exchequer at Westminster Edinburgh or Dublin, as the case nay require, to the credit and for the use and benefit of the owners and proprietors of and persons interested in such lands and hereditaments; and such cashier is hereby authorized and required to receive or accept, and to give a receipt or discharge for the same, mentioning and specifying the amount and for whose use the same is received, and upon the production of such receipt or discharge, the accountant-general, King's remembrancer, or other proper officer of the said Courts of Exchequer respectively for the time being, is hereby authorized and required to sign a certificate to the barons or judges of the said Courts of Exchequer respectively, under his hand, purporting and signifying that such money or other consideration was paid into the bank of England, the Bank of Scotland, or Bank of Ireland (as the case may be,) in pursuance of this Act to the credit and for the use aud benefit of such owners or proprietors or other persons interested, as shall be named in such certificate, and the said certificate shall be filed or deposited in the said Court of Exchequer at Westminster Edinburgh or Dublin respectively; and an office-copy thereof, signed by the proper officer of the said courts for the time being, shall and may be read and allowed as evidence for the purposes herein-after mentioned; and immediately upon the filing or depositing of such certificate, the said lands or hereditaments shall be and become vested in the said principal officers and commissioners of His Majesty's navy for the time being, for the public service, in trust for His Majesty his heirs and successors. No. XXXII. 1 & 2 Geo. IV. 2001. c. 93. XII. Provided always, and be it further enacted, That in case such If less than purchase-money as is lastly herein-before mentioned shall be less than the sum of two hundred pounds, and shall amount to or exceed the sum of twenty-pounds, then in all such cases the same shall, at the option of the person or persons for the time being entitled to the rents and profits of the lands and hereditaments so purchased, or of his her or their guardian or guardians, committee or committees, in case of infancy or lunacy, to be signified in writing under their respective hands, be paid into the hands of one of the cashiers of the Bank of England, the Bank of Scotland, or the Bank of Ireland, with the privity and to the account of the said accountant-general King's remembrancer or other proper officer or officers of the said Courts of Exchequer at Westminster Edinburgh or Dublin for the time being as aforesaid, in order to be applied in the manner hereinbefore directed with respect to sums exceeding two hundred pounds; or otherwise the same shall be paid at the like option to two trustees, to be nominated by the person or persons making such option, and approved of by the said principal officers and commissioners of His Majesty's navy, or any three or more of them (such nomination and approbation to be signified in writing under the hands of the nominating and approving parties,) in order that such principal money may be invested in the purchase of stock in the public funds, and that such stock when purchased, and the dividends arising therefrom, may be applied in the manner herein-before directed, so far as the case may be applicable, without obtaining or being required to obtain the order direction or approbation of either of the said Courts of Exchequer. XIII. And be it further enacted, That the barons or judges of His Majesty's Court of Exchequer at Westminster Edinburgh or Dublin for the time being, or any one or more of them, shall and may, and they or he are or is hereby authorized and empowered, in a summary way, upon motion or petition for and on behalf of any body or bodies politic corporate or collegiate, or any person or persons interested in or entitled to the benefit of any money that shall or may be paid into the Bank of England, the Bank of Scotland, or the Bank of Ireland, under the provisions of this Act, or the interest or produce thereof, and upon reading an office-copy of the certificate, directed to be signed by the said accountant-general King's remembrancer or other proper officer of the said courts respectively for the time being, concerning the same as aforesaid, and receiving such further satisfaction as they or he think necessary, to make and pronounce such orders and directions for paying the said money, or any part of the same, or for placing out such part thereof as shall be principal in the public funds, or upon government or real securities, and for payment of the dividends or interest thereof, or any part thereof, to the respective body or bodies politic or corporate or collegiate, or person or persons entitled to receive the same, or for laying out the principal or any part thereof in the purchase of other lands or heredita VOL. I. *R Barons ofExchequer may direct Payment of Purchase money. c. 116. No XXXIII. ments, to be conveyed and settled to for and upon the same uses, trusts, 3 Geo. IV. intents, or purposes, as the said lands or hereditaments so taken or, purchased stood settled at the time of the payment of such money as aforesaid, or as near as the same can be done, or otherwise, for the disposition of the said money, or any part thereof, and the interest or produce of the same, or any part thereof, for the benefit of the body or bodies politic corporate or collegiate, or the person and persons entitled to and interested in the same respectively; or for appointing any person or persons to be a trustee or trustess for all or any of such purposes as the said respective Courts shall think just and reasonable; and also for raising and paying the costs of any such motion or petition, and the proceedings to be had thereupon, or any part of such costs, out of the principal money paid into the Bank of England, the Bank of Scotland, or the Bank of Ireland, under the provisions of this Act, or only of the interest or proceeds thereof, in such manner and proportion as the said Court in its discretion shall think fit under the circumstances of the case. If Purchase money less than 201. to be paid to Proprietors. On death of the Successor. How Deeds executed in Great Britain shall be registered in Ireland. XIV. Provided always, and be it further enacted, That in case such purchase-money shall be less than twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the lands and hereditaments so purchased, in such manner as the said principal officers and commissioners of his Majesty's navy or any three or more of them shall think fit; or in case of infancy or lunacy then to his her or their guardian or guardians, committee or committees, for the use and benefit of such person or persons so entitled respectively. XV. And be it further enacted, That upon the death or removal of any such accountant-general King's remen brancer or other proper officer of the said Courts at Westminster Edinburgh and Dublin respectively for the time being, all stocks and securities vested in him by virtue of this Act shall vest in the succeeding accountant-general King's remembrancer or other proper officer of the said courts respectively, for the purpose herein-before mentioned, without any assignment or transfer; and all monies paid into the said banks respectively, in pursuance of this Act and remaining there at the time of the death or removal of any accountant-general King's remembrancer or other proper officer of the said court respectively for the time being, shall vest in the succeeding accountant-general King's remembrancer or other proper officer of the said courts respectively for the time being. [No. XXXIII.] 3 Geo. IV. c. 116.-An Act for the more convenient and effectual registering in Ireland Deeds executed in Great Britain.-[5th August 1822.] FOR facilitating the registry of deeds conveyances and wills executed in Great Britain, which it may be necessary to register in Ireland, and for the more effectual registry thereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all deeds conveyances or wills required to be registered in Ireland in and by an Act passed by the Parliament of Ireland in the sixth year of the reign of Her Majesty Queen Anne, intituled An Act for the public registering of all Deeds, Conveyances, and Wills that shall be made of any Honors, Manors, Lands, Tenements, or Hereditaments, or any other Act now in force, the memorial whereof shall be proved in England, shall be registered in the manner following; that is to say, the memorial of the deed conveyance or will so to be registered in Ireland, being prepared, signed, sealed, and attested, by such person and persons, and in such manner and form as by the Act so made in the sixth year of the reign of Her Majesty Queen Anne hath or have been in that behalf prescribed and directed, one of the witnesses to said memorial, being also a witness to the deed instrument or writing therein mentioned, shall prove the execution of said memorial upon oath, to be made before one of the Extraordinary Commissioners appointed by the Court of Chancery in Ireland for taking affidavits in Great Britain, and who are respectively hereby empowered and required to administer such oath, and shall at the same time produce unto the said Extraordinary Commissioner the deed instrument or writing in the said memorial mentioned, together with a true copy of said memorial, such copy to be at the same time verified in like manner upon oath, to be made by such witness before said Extraordinary Commissioner, who is hereby empowered and required to administer the same, which copy and oath respectively are not to be charged or chargeable with any stamp duty; and which oaths shall respectively be in the words and form following: OATH of the EXECUTION of the MEMORIAL, and to be subscribed or annexed to said Memorial. THE above-named A. B. of in · maketh oath, that he is a subscribing witness to the deed of which one of the Extraordinary Commissioners of the Court of Chancery in ' eight hundred and upon this day day of 'A. B. this one thousand 'C. D. One of the Extraordinary Commissioners of the OATH to be made by the Witness to verify the Copy of the in make oath, that the foregoing [or the within or annexed] writing is a true copy of a certain memorial which was duly executed by to which memorial this deponent is a subscribing witness, and which said memorial this deponent at the time of his deposing 'hereto delivered, together with the deed instrument or writing whereof the same is a memorial, to one of the Extraordinary Commissioners of the Court of Chancery in Ireland for taking affidavits in Great Britain, in the office of the said and this deponent at the same time, in and therewith, delivered to the said 'Sworn before me in my office in day of eight hundred and 'C. D. One of the Extraordinary Commissioners of the No. XXXIII 3 Geo. IV. c. 116. Oath of the Execution of the Memorial, Oath of the Verification of a Copy. NOXXXIII. 3 Geo. IV. c. 116. On Production of Deed, Memorial, & Copy, the Extraordi nary Commis sioner to cer tify the same. II. And be it further enacted by the authority aforesaid, That upon the said deed instrument or writing, together with the memorial and copy thereof, being as herein-before required produced to the said Extraordinary Commissioner, and proof being made thereof as before mentioned, such Extraordinary Commissioner shall immediately mark said deed instrument or writing with the initials of his name and day month and year when so produced to him, and thereupon return the same to the party, and by certificate to be signed by him, and endorsed or written upon the said memorial and copy respectively, certify the same in the form or to the effect following; that is to say, FORM of Certificate to be endorsed upon the original Form of Cer- I DO hereby certify, That the deed, of which the within writing is a memorial, was delivered to me in my office in tificate. by • the ' and a subscribing witness thereto, upon this day day one thousand eight hundred ; and that the execution of the said deed and 'memorial was then proved by the said as required by the statute in that case made and provided; and I do hereby further 'certify, that the said at the same time, and therewith, delivered to me a copy of the within memorial, which he then verified upon oath, as by said statute is required; and that I have endorsed a ' certificate upon said copy, corresponding in purport herewith. C. D. One of the Extraordinary Commissioners of the FORM of Certificate to be endorsed upon the Copy of the Form of Certificate to be endorsed on the Copy. I Memorial and tificates to be transmitted to Deeds in Ire land, who shall enter the same, and the Copy 'in upon in eight hundred and by day of DO hereby certify, That the deed, of the memorial of which deed the within writing is a copy, was delivered to me in my office a subscribing witness thereto, one thousand ; and that the execution of said deed ⚫ and memorial was then proved by the said as required by the statute in that case made and provided; and I do 'hereby further certify, that the said at the same time, and therewith, delivered to me the within copy of the said memorial, 'which he then verified upon oath, as by said statute is required; and I ' have certified the same upon the said memorial. 'C. D. One of the Extraordinary Commissioners of the 'Court of Chancery in Ireland for taking affidavits in 'Great Britain.' III. And be it further enacted by the authority aforesaid, That the Copy with Cer said Extraordinary Commissioner shall thereupon deliver the said memorial and copy, with said respective certificates, to the person or persons concerned, to be by such person or persons transmitted to the the Registrar of Registrar of deeds in Ireland; and that the Registrar of deeds in Ireland shall, upon receiving the same, register the said memorial, and enter the same in the alphabetical calendars kept by him, in the manner in which all other memorials are registered and entered by him, without the deed or instrument in such memorial mentioned being produced unto the said Registrar or Deputy Registrar, or the stamps therein examined by him; any thing whatsoever in an Act passed in the fifty-sixth year of the reign of His late Majesty King George the Third, intituled An Act to repeal the several Stamp Duties in Ireland, and also several Acts for the Collection and Management of the said Duties, and to grant new Stamp Duties in licu thereof, and to make more effectual Regulations for collecting aud managing 56 G. 3. c. 56. the said Duties, in anywise to the contrary thereof notwithstanding; and the said Registrar or Deputy Registrar shall certify the registry thereof and Certificate shall be returned to the Extraordinary Commissioner in Great Britain. |