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William Smith, his heirs and assigns, to the use of him, his heirs and assigns for ever; and whereas the said John Radcliffe departed this life in or about the year one thousandseven hundred and thirty one, 5Geo. i.e. 2j. before he attained his age of tzuenty one years, without issue, and unmarried: and whereas by an act made in the fifth year of the reign of his present Majesty (intituled, An act for making void the several contracts for sale of the estate of fames late earl of Denwntwater to William Smith esquire, and also of the annuity of two hundred pounds, during the life of Charles Radcliffe, and the arrears thereof, to Matthew White esquire, and the several conveyances made in pursuance of the same ;) it was, for the reasons therein contained, enacted, That the several contracts madet signed, or entered into, or pretended to be made, signed, or entered into, by the said commissioners and trustees, or any of them, for the sale or conveyance to the said William Smith, of any estate, right, title, or interest os, in, to, or out of the barony, manors, lord/hips, messuages, farms, lands, tenements, rectories, tythes, hereditaments, and premisses, in thesaid recitedsettlements of the twenty fourth of March, one thousand fix hundred and ninety one, and twenty fourth of June, one thousand seven hundred and twelve, comprized, or either of them, or os, in, to, or out os any part or parcel thereof, or any lands, tenements, or hereditaments whatsoever, contracted or pretended to be contracted for by the said William Smith, for the sum of one thousand and sixty pounds; and also the contract or contracts, or pretended contract or contracts, for the sale, conveyance, or assignment to the said Matthew White, of the said annuity os two hundred pounds, granted to, or charged for the benefit of the said Charles Radcliffe, as therein is mentioned, and of the arrears of the fame; and also the said several recited indentures of bargain and sale respectively, bearing date the twenty eighth day of September, in the year one thousandseven hundred and twenty three; and one other indenture of bargain and sale therein recited, bearing date the said twenty eighth day ^September, one thousand seven hundred and twenty three, being the indenture of bargain and sale therein recited to have been made to the said Matthew White, os the said annuity or yearly rent of two , hundred pounds, so granted to the said Charles Radcliffe for his life as aforesaid, together with the arrears thereof incurred and grown due, from the time of the attainder of the said Charles Radcliffe, to the day of the date of the said indenture; and all and every the bargains, files, conveyances, deeds, and instruments signed, sealed, made or executed, or pretended so to be, for the conveying, transferring, vesting, puffing, and ast'uring the said several estates, interests, annuity, arrears, and other the premisses, or any part or parcelthereof, unto the said William Smith and Matthew White, or either of them,. their or either of their heirs, executors, administrators, or assigns, flmild be, and were thereby set aside and annulled, and were thereby adjudged and declared to be, and to have been absolutely null and void to all intents, constructions, and purposes, as if the fame had never been made; and the attorney general of his Majesty, bis heirs and successors, by his or their direction, was thereby impowered to apply to the court of Exchequer for sale, andHhe said court was thereby impowered to order sale of the said barony, manors, lands, heredi

ditaments laments^ and premisses ^subject to such claims and demands, as bad been alltwed by the said commissioners and trustees, according to the said recited act of the fourth year of his said late Majesty's reign) for such estate and interest as was vested in his Majesty, bis heirs andsuccessors, as aforesaid; and the purchase-money was to be paid into the receipt of his Majesty's exchequer, to be applied and disposed of according to any aft or afts of parliament then after to be made for that purpose; and it was thereby further enacted, that until such sale should be made, as by the said aft is directed, it fimld be lawful for the lords commissioners of his Majesty's treasury, or any three or more of them, or the lord high treasurers or the time being, to cause to be collected and levied all the rents, issues, and profits of the said barony, manors, lands, hereditaments, andpremifses, and all arrearages thereofsmce the death os the said John Radcliffe; and to sue for and recover the same in the name os his Majesty, his heirs and successors, and to cause all the monies arising thereby (the necest'ary charges of levying, cotiectittg, suing for, and recovering the fame, and the incident charges relating thereunto only excepted) to be brought and paid into the receipt of the exchequer, to be applied and disposed of, according to any a ft or ails of parliament thereafter to be made for that purpose but in the said last-recited aft, a saving is made to his Majesty, hit heirs and successors, of all such right, title, estate, interest, claim, and demand os, in, unto, or out os the said premisses, as his Majesty, his heirs or successors, might have had or been mtitled unto, in cast that aft had never been made, other than and except such right, title, estate, interest, claim, and demand, as was vested in his Majesty, his heirs and successors, by virtue of the several attainders before-mentioned, or of the afts of parliament therein recited; and a saving is also in the said lajl-recited aft made to all other persons, other than and except the said commissioners and trustees, and the said Matthew White and William Smith, and any persons concerned with them in the said contracts or purchases, their respective heirs, executors, administrators and assigns, and all persons claiming or to claim any estate, right, title, interest, or demand, either in law or equity, in, unto, or out of the said premisses, by, from, or under them, of all such right, title, estate, interest, claim, or demand, of, in, unto, or out os the said premisses, as they might have had or been inlitled unto, in cafe that act had never been made: and whereas by another act of parliament made in the eighth year of the reign of his present Majesty (intituled, An act for gGeo. the application of the rents and profits of the estates forfeited by the attainders of James late earl of Derwentwater and Charles Radcliffe,) reciting, amongst other things, That there then remained in the receipt of his Majesty's exchequer the sum of seven thousand one hundred and eighty two pounds, thirteen shillings, which had arisen out of the rents and profits of the said premisses so vested in his Majesty as aforesaid; and that there were also several sums of money in the hands of the collectors and receivers, and due and in arrearfrom the tenants and farmers of the said premisses -, and farther reciting, That the annuity or rent charge, and also the several mortgages and incumbrancet of and upon the said estate of the said late tarl of Derwentwater,, or some part thereof, therein and herein after particuVot. XIX. £ c larht

larly mentioned, had been regularly claimed and allowed, according to the direction os the said ail of the fourth year of his said late Majesty's reign; and that there was then due, owing, issuing, and payable out of the said eflate, or some part thereof, to the several persons therein and herein after-named, the several sums of money and annuity therein and herein after mentioned; that is to fay, to the right honourable Robert James lord Petre the sum of twenty thousand pounds principal money, with the interest thereof: to Cuthbert Constable, alias Tunstall, of Burton Constable in Holderness, in the county of York, esquire, upon mortgage, the sum of five thousand nine hundred pounds, principal-money, besides interest; to Mary Chamberlain spinster, Edward Hopkins of the city os Coventry esquire, and Anna Maria his wife, Richard Luther esquire^ and Charlotte his wife, upon mortgage, the sum os three thousand pounds principal-money, besides interest: to the lady Catherine Rz&cMSz, second daughter 0/" Francis late earl of Derwentwater, one annuity or yearly rent charge os one hundred pounds, clear of all taxes, for the term of her natural life, with the arrears thereof; it was enacted, That the said sum of seven thousand one hundred and eighty two pounds, thirteen shillings, so arising and produced of the rents and profits of the said premisses, and remaining in the receipt of the exchequer as aforesaid, Jhould be issued, appropriated, and applied, in the first place, for the paying and clearing off all interest and arrears of the said annuity of one hundred pounds a year, and incumbrances therein and herein before-mentioned, ti the twenty fifth day of March, one thousand seven hundred and thirty five; and aster payment thereof, the surplus and refidue of the said sum os seven thousand one hundred and eighty two pounds, thirteen shillings, should {except as therein after is excepted) be appropriated and applied, and was thereby appropriated and applied, towards the building and finijhing of the royal hospital for seamen at Greenwich: and it was thereby further enacted, That all sums of money collected and received by the respective receivers of the rents and profits of the said premisses, so forfeited and vested in his Majesty as aforefaid, which were not paid into the receipt of the exchequer on or before the twenty fifth day of March, one thousand seven hundred ana thirty five, and all arrears of rents and profits of the fame premisses, due and owing from the several farmers, tenants, and occupiers of any part or parts thereof at or on the said twenty fifth day ofMzvch., one thousandseven hundred and thirty five; and all the rents, issues, and profits of the saidpremijses, which Jhould from and after the said twenty fifth day of March, one thousand seven hundred and thirty five, grow, accrue, or beccm* due and payable for and during his Majesty's said eflate and interest in thesaidpremijses, subject in the first place to the payment of the said annuity of one hundred pounds a year, as the fame /hall grow due, and of all principal and interest due and to grow due upon the several incumbrances therein, and herein before-mentioned, Jhould be issued and applied, and were thereby appropriated and applied in the first place for and towards the finijhing and completing the-building of the said roy al hospital for seamen at Greenwich ; and aster the building os the same royal hospital should be completed andfimjhed, for and towards the support of t^ said royal hospital for the better maintenance os the seamen os the said hospital, worn out and become decrepit in the service os their country: and it was therebyfurther enacted and declared, That thesaid premisses so forfeited and vested in his Majesty as aforesaid, should not be sold (except as in the fa d act is excepted) but should remain and continue vesled in his Majesty, his heirs, and successors (subject to, and charged and chargeable with, the said annuity of one hundred pounds, and incumbrances aforesaid, and the payment thereof, in the first place) for such estate and interest as aforesaid, for the purposes of the said last-recited act: and his Majefy, his heirs and successors were, by the said last-red ted act, impowered to authorize the commissioners or governors of the said royal hospital for the time being, or any seven or more of them, to appoint stewards, receivers, or bailiffs of the said premisses, so forfeited ana vesled in his Majesty as aforesaid, for and during the said estate and interest of his Majesty, his heirs, and successors, in the,fame premisses; and to invefl them with full power to receive the rents, issues, and profits thereof; and to give receiptst discharges, and acquittances for the fame; and to hold courts, and to do and perform all acts, matters, and things, necessary for the managing the said premisses, usually done and performed by stewards, receivers, and bailiffs: and his Majesty, his heirs andsuccessors, were, by the said last-recited act also impowered, during the continuance of the said estate and interest os his Majesty, his heirs and successors, in the said premisses, to authorize the commissioners and governors of the said royal hospital, for the time being, to grant leases of the premises so forfeited, and vested in his Majesty as aforesaid, for any term not exceeding twenty one years in possession, at the best and most improved yearly rent: and it was thereby further enacted, That the commissioners or governors of the said royal hospitalstould, and were thereby required, to contract and agree with able and sufficient tradesmen, artificers, or other persons, forfinishing and completing thesaid royal hospital in a workman-like and substantial manner, on the easiest and most reasonable terms, according to the plan laid before the house of commons in that session of parliament; and that they should lay their proceedings therein, with their annual accounts, before his Majesty, and both bouses of parliament respectively: and it was by the said act, for the reasons therein contained, provided and enacted, That out of the rents and profits of the said estate, then remaining in the receipt of his Majesty's exchequer, there should and might be issued and paid to the lord viscount Gage in the kingdom ^/"Ireland, the sum os two thousand pounds without account, and clear of all fees and deductions; in whichsaid last recited act is contained a saving to his Majesty, his heirs, and successors, of all such right, title, estate, interest, claim, and demand, of, in, unto, or out of the said premisses, as his Majesty, his heirs and successors, might have had, or been infilled unto, in cafe that flct had never been made; other than and except such right, title, estate, interest, claim, and demand, as was vested in his Majesty, his heirs and successors, by virtue of the several attainders before-mentioned, or of the therein recited acts of parliament; and other than and except such right, title, estate, interest, claim, and demand, which his Majesty, bis heirs and successors, had or might have in or to such part

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or parts of the said premisses, which Jbould be fold pursuant to the directions of that act: and therein also is contained a saving to the several mortgagees and incumbrancers before named (till they Jhould be paid off as aforesaid) and to all other persons, of all such right, title, estate, interest, claim, and demand, of, in, unto, or out of the said premisses (except such part or parts thereof, which Jhould be fold pursuant to the directions of that act) as they might have had, or been intitled unto, in cafe that act had never been made: and whereas by an 11 Geo.». act made in the eleventh year of the reign of his present Majesty inti3°- tutti, An act for,explaining and amending an act of the eighth

year of his present Majesty's reign, intituled, An act for the ap-
plication of the rents and profits of the estates forfeited by the attain-
ders of James late earl of Derwentwater, and Charles Radcliffe^
it was enacted, That upon the death of his present Majesty, and also
upon the death of every successive King and £>ueen of ibis realm, all
such acts and services should be done and performed, and all such fines
and sums of money Jhould be paid by the respective tenants of the es-
tates to every successor of his Majesty, or [in cafe any of the said es-
tates Jhould be fold) to such other person who Jhall be the owner there-
os, as by the ancient tenure thereof, or by any contracts law, usage, or
custom, ought to be done, performed and paid by them, in case such King
er Shteenso dying, was considered as a private person only, and not in
his or her politick capacity; and that for default of performance of
such acts and services, which ought so to be done and performed, and
for default of payment of any such fines and sums of money, which ought
so to be paid, such forfeitures and penalties Jhould accrue and become
due, and it Jhould be lawful for his Majesty, his heirs and successors,
and for all persons by him or them appointed, or who Jhould be then
owners of the said estates, to use and take allsuch ways and means for
recovering and taking advantage of the said forfeitures and penalties,
as might be laivfully used or taken by any lord os the said estates, in cafe
such king or queen so dying was considered as a private person only,
and not in his or her politick capacity; and that all the said fines,
sums of money, penalties, and forfeitures, which Jhould accrue and be-
come due to his Majesty, his heirs and successors, during his and their
interest therein, Jhould be applied to and for the use and benefit of the
royal hospital for seamen at Greenwich; and the attorney general of
his MajeJly, his heirs and successors, by his or their direction, was im-
powered by the said act to apply to his Majesty's court of Exchequer
at Westminster, by motion, in a Jiimmary way, for the sale of all, or
ofsuch part or parts of the timber on the said estates, while the fame
Jhould remain unfold, from time to time, and at all times, as Jhould be
thought fit; and the money arising by such sale or sales, was to be ap-
plied by the direction of the said court, to the dij'charge of the incum-
brances with which the said estates then stood charged; and in the
mean time was to be paid by the purchasers into the court of Exche-
quer, or to the treasurer of the said hospital for the time being, or to be
placed out in such government or other securities, and in the names of
such persons, as the said court Jhould direct; and in case there should
happen to be any surplus of the said money, the same was to be applied
in the first place, for and towards the fimjloing and completing the build-

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