ACT FOR SURRENDER

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Trust for his

reserved upon or incident to any such grant or grants, or any lands and estates thereby granted, and also the Baronies last before mentioned, being PROPRIETARY hereby intended to be vested in the persons, and for the purposes hereinafter mentioned, and the reversion and reversions, remainder and remainders, yearly, and other rents, issues, and profits, of the same parts or shares, Baronies, Lands, tenements, hereditaments and premises, so as aforesaid proposed and agreed to be surrendered to his Majesty, and of every part and parcel thereof; and also all the estate, title, interest, trust, property, right of action, right of entry, claim and demand whatsoever, of them the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, John Cotton and Joseph Blake, and each of them, of, in, unto or out of the same, every or any part and parcel thereof, by virtue of the said several recited letters patent, or either of them, or of any grant, assignment, conveyance, or assurance, made under, or by force of the same recited letters patent, or either of them, or otherwise howsoever, shall, from and after the first day of June, one thousand seven hundred and twenty nine, be vested and settled, and the same are hereby vested and settled, in and upon Edward Proprietors in Bertie of Gray's Inn, in the county of Middlesex, Samuel Horsey of the Majesty. Parish of St. Martins in the fields, in the county of Middlesex, Henry Smith of Caversham, in the county of Oxon, and Alexius Clayton, of the Middle Temple, London, Esquires, to the only use of them the said Edward Bertie, Henry Smith, Samuel Horsey, and Alexius Clayton, their heirs and assigns, freed and discharged and absolutely acquitted, exempted and indemnified, of and from all estates, uses, trusts, intails, reversions, remainders, limitations, charges and incumbrances, titles, claims, and demands whatsoever; But nevertheless upon trust, and to the intent that they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, and the survivor or the survivors of them, and the heirs of such survivor, upon payment by his Majesty, his heirs or successors, to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, or to the Survivors or to the survivor of them, or the executors or administrators of The sum to be such survivor, of the sum of seventeen thousand, five hundred pounds, free advanced by his and clear of all deductions, on or before the twenty ninth day of SeptemMajesty. ber, in the year of our Lord, one thousand, seven hundred and twenty nine, shall and do, by deed, indented, and to be enrolled in his Majesty's high Court of Chancery, surrender, convey, and assure unto his Majesty, his heirs and successors, all and singular, the said seven eighth parts or shares, (the whole into eight equal parts to be divided) and all other the parts or shares, interest and estates, of and in the aforesaid Provinces or territories, and all and singular the premises, hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, and their heirs as aforesaid, which said sum of seventeen thousand five hundred pounds, they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors or the survivor of them, or the executors and administrators of such survivor, shall immediately after receipt thereof, pay, apply, and dispose of in manner hereinafter mentioned; That is to say, the sum of two thousand five hundred pounds, part thereof, to the said James Bertie and Dodington Greville, trustees as aforesaid, or to the survivor of them, or to the executors or administrators of such survivor; two thousand five hundred pounds, other part thereof, to the said William, Lord Craven, his executors and administrators; two thousand five hundred pounds, other part thereof, to the said James Bertie, of his own right, his executors or administrators; two thousand

ACT FOR SURRENDER

TITLE.

five hundred pounds, other part thereof, unto such person or persons, and in such shares and proportions as the same, according to the tenor, purport, OF THE and true meaning of the said order or judgement of the House of Lords, PROPRIETARY ought to be paid and applied; two thousand five hundred pounds, other part thereof, to the said Sir John Colleton, his executors or administrators; two thousand five hundred pounds, other part thereof, to the said John Cotton, his executors or administrators; and two thousand five hundred pounds, the residue thereof, to the said Samuel Wragg, for the use of the said Joseph Blake, or to the said Joseph Blake, his executors or adminis

trators.

AND BE IT FURTHER ENACTED, by the authority aforesaid, The property vested in his that from and after payment of the said sum of seventeen thousand five Majesty after hundred pounds, to the said Edward Bertie, Samuel Horsey, Henry Smith, payment and Alexius Clayton, the survivors or the survivor of them, or the executors or administrators of such survivor, and after the execution of the said surrender and conveyance to his Majesty, his heirs and successors, hereby directed to be made as aforesaid, his Majesty, his heirs and successors, shall have, hold, and enjoy, all and singular the said seven eighth parts or shares, (the whole into eight equal parts to be divided) and all other the parts or shares, interests and estates, of and in the aforesaid Provinces or territories, and all and singular the premises hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, and their heirs as aforesaid, freed and discharged, and absolutely acquitted, exempted and indemnified of, from and against all estates, uses, trusts, intails, reversions, remainders, limitations, charges, incumbrances, titles, claims and demands whatsoever.

ment of £5000

AND BE IT FURTHER ENACTED, by the authority afore- Arrears of Quit said, that seven eighth parts, (the whole into eight equal parts to be Rents on paydivided) of all and every the said arrears of quit rents, and other rents, to be assigned sum and sums of money, debts, duties, accounts, reckonings, claims, and to the King. demands whatsoever, now due and owing to them the said Henry, Duke of Beauford, or to the said James Bertie and Dodington Greville, trustees as aforesaid, and to the said John, Lord Carteret, William, Lord Craven, James Bertie in his own right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton or Joseph Blake, or any of them, (whether the same be more or less, than is computed as aforesaid) and all and every other parts or shares, of the said Henry, Duke of Beauford, James Bertie and Dodington Greville, trustees as aforesaid, William, Lord Craven, James Bertie in his own right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton, and Joseph Blake, or any of them, of or in the said arrears, or which they or any of them, their or any of their heirs, executors, administrators or assigns, now have, or can or may have, claim, challenge or demand of or from the farmers, tenants and inhabitants, of the Provinces or territories aforesaid, or any part thereof, or any of them, shall, from and after the said first day of June, in the year of our Lord, one thousand seven hundred and twenty nine, be vested in the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors and survivor of them, and the executors or administrators of such survivor, upon trust, and to the intent that they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors or the survivor of them, and the executors and administrators of such survivor, shall, upon payment by his Majesty, his heirs and successors, of the sum of five thousand pounds of lawful money of Great Britain, free and clear of all deductions, on or before the said twenty ninth day of September, in the

ACT FOR SURRENDER

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said year, to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors or the survivor of them, or the executors or PROPRIETARY administrators of such survivor, by deed indented and to be enrolled in his Majesty's High Court of Chancery, grant and assign to his Majesty, his heirs and successors, all and every the said seven eighth parts or shares, (the whole into eight equal parts or shares to be divided) and all other parts or shares of the said arrears, hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton.

The 5000

And whereas, the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir John Colleton, John Cotton and Joseph Blake, are desirous that the said sum of five thousand pounds should be applied in manner hereinafter mentioned,

BE IT FURTHER ENACTED, by the authority aforesaid, that the sum of five thousand pounds, after receipt thereof, shall be issued and Pounds, how to paid by the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius be applied. Clayton, or the survivors and survivor of them, and the executors and administrators of such survivor, to such of the officers, agents or servants of the Lords Proprietors, or to such other person or persons, and for such purposes as the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Sir John Colleton, John Cotton, and Joseph Blake, their executors or administrators, or any four or more of them, (the executors or administrators of each of them to be accounted only as one) shall by writing or writings, under their hands, from time to time direct and appoint.

vested in his

Majesty.

AND BE IT FURTHER ENACTED, by the authority aforesaid, After payment that from and after payment of the said sum of five thousand pounds, unto the arrears to be the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the survivor of them, or the executors or administrators of such survivor, and after the execution of the said grant and assignment of the said parts or shares, of the said arrears, hereby directed to be made as aforesaid, his Majesty, his heirs and successors, shall and may have, receive and enjoy the said seven eighth parts or shares (the whole into eight equal parts to be divided) and all and every other parts and shares of the said arrears of quit rents, and other rents, sum and sums of money, debts, duties, accounts, reckonings, claims and demands, hereby vested in the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and shall and may have, use and pursue such and the like remedies for recovery thereof, as fully and effectually as the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, any or either of them, might have had, used or pursued, if this act had not been made.

in trust a suffi

AND BE IT FURTHER ENACTED, by the authority aforesaid, The receipts of That the receipt or receipts of the said Edward Bertie, Samuel Horsey, the Proprietors Henry Smith and Alexius Clayton, the survivors or the survivor of them, or cient discharge executors or administrators of such survivor, under their hands, or his hand to his Majesty, or hands respectively, shall be a sufficient discharge to his Majesty, his heirs and successors, of and for the said several sums of seventeen thousand five hundred pounds, and five thousand pounds, or so much thereof or of either of them, as such receipts or receipt shall be given for; and that his Majesty, his heirs and successors, upon and after such receipts or receipt, given as aforesaid, shall be absolutely acquitted and discharged of and from the said And to the for- monies, and shall not be answerable or accountable for any loss, non-applimer Propric- cation or misapplication of the said money, or of any part thereof.

tors

ACT FOR SURRENDER

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TITLE.

PROVIDED ALWAYS, AND IT IS HEREBY DECLARED AND ENACTED, by the authority aforesaid, that the receipt or receipts of the said James Bertie, or Dodington Greville, or the survivor of them, his exec- PROPRIETARY utors or administrators, under his or their hand or hands respectively, shall be a sufficient discharge to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, their executors or administrators, for the said sum of two thousand five hundred pounds, payable to them for the said eighth part or share of the said Provinces, territories, royalties, lands and hereditaments, which was vested in the said Henry late Duke of Beauford, and the said sum of two thousand five hundred pounds, shall be and remain subject to the trusts reposed in them by the will of the said late Duke, or otherwise, concerning the eighth part or share, but the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their heirs, executors, or administrators, shall not be answerable or accountable for any loss or misapplication thereof, or of any part thereof.

for another's receipts

PROVIDED ALSO, AND IT IS HEREBY DECLARED AND One Trustee ENACTED, That the said Edward Bertie, Samuel Horsey, Henry Smith, not accountable and Alexius Clayton, shall not, nor shall any of them, or the executors or administrators of any of them, be answerable or accountable for any money to be received by virtue of or under the trusts hereby reposed in them, any otherwise than each person, his executors or administrators, for such sum or sums of money as he or they shall respectively actually receive, and none of them shall be answerable or accountable for the acts, receipts, neglects, or defaults of the other of them; and also that they, the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their executors or administrators, shall and may, out of the money hereby directed to be paid to them as aforesaid, retain and reimburse themselves for all costs, charges, damages and expenses, that they respectively shall sustain or be put unto, in and about the execution of the trusts hereby in them reposed.

ment of the

all arrears.

AND WHEREAS there is due and owing to the King's most excel- Former Proprilent Majesty, for arrears of rent reserved by the said several recited letters etors on paypatent, or one of them, several sums of money, computed to amount to sum agreed or three hundred pounds or upwards; NOW IT IS HEREBY FURTHER acquitted from ENACTED AND DECLARED, by the authority aforesaid, that the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, and every of them, their and every of their heirs, executors and administrators, respectively, from and immediately after the said twenty-ninth day of September, one thousand seven hundred and twenty-nine, (in case the said sums of seventeen thousand five hundred pounds, and five thousand pounds, shall then be paid and satisfied, and the sale hereby intended shall be then compleated) shall be, and are hereby fully and absolutely acquitted and discharged of and from all arrears of rent whatsoever, due or owing upon or by virtue of the said recited letters patent, or either of them.

der.

PROVIDED ALWAYS, AND IT IS HEREBY FURTHER Time limited ENACTED AND DECLARED, by the authority aforesaid, that if his for the surrenMajesty, his heirs and successors, do not or shall not, on or before the said twenty-ninth day of September, one thousand seven hundred and twentynine, well and truly pay or cause to be paid, both the several sums of seventeen thousand five hundred pounds, and five thousand pounds in manner aforesaid, and according to the true meaning of this act, that then they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, or the survivors or survivor of them, or the heirs, executors or administra

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tors of such survivor, shall not make such surrender, assignment, or conveyance of the said seven eighth parts or shares of the said Province or PROPRIETARY territories, and of the said arrears, or either of them, to his Majesty, his heirs or successors, as hereby is directed, but shall from and after the said twenty-ninth day of September, one thousand seven hundred and twentynine, stand and be seized of and possessed of all and singular the premises hereby in them vested, to the only proper use and behoof of them, the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, John Cotton, and Joseph Blake, and every of them, and of their and every of their heirs, executors, administrators and assigns, in such shares and proportions, and according to such respective rights and interests as they severally had, or could have been entitled to, in and unto the same premises, in case this act had never been made, and to and for no other use or trust, intent or purpose whatsoever.

SAVING and reserving to all and every person or persons, bodies poliSaving clause. tick and corporate, their heirs, successors, executors, administrators and assigns, other than and except the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, their respective heirs, executors or administrators, and the heirs of their respective bodies, and all and every person and persons, claiming or to claim any estate and interest in the premises, or any part thereof, in remainder or reversion, expectant upon or after the determination of any estate tail, vested in them the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, or any of them, and all and every person and persons claiming, or to claim any estate or interest in the premises, or any part thereof, by or under the title of the said Henry, late Duke of Beauford, deceased, such satisfaction and recompense as is hereinafter mentioned, for all such estate, right, title, interest, property, claim or demand whatsoever, in, to or out of the premises, or any part thereof, as they or any of them, now have, or might have had or been entitled to, in case this act had never been made.

right, may recover from his Majesty in 7 years.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED Persons having by the authority aforesaid, That if any person or persons (other than and except the persons herein before excepted) who now have or shall have any estate, right, title, interest, claim or demand, either in law or in equity, of, in, to or out of the premises herein vested as aforesaid, or any part thereof, shall, within the space of seven years after the same shall be conveyed unto and vested in his Majesty, his heirs and successors as aforesaid, commence and prosecute any action or suit either in law or equity, by petition of right, English bill or otherwise, against his Majesty, his heirs or successors, or the proper officer or officers on his or their behalf, wherein such persons might or ought to have recovered the premises hereby vested as aforesaid, or any part thereof, or any estate, interest or demand, in or out of the same, the court wherein such suit or action shall be commenced or depending, shall and may adjudge or decree, that such person or persons shall recover against his Majesty, his heirs or successors, such sum or sums of money, as his or their estate, interest or demand in or about the premises hereby vested as aforesaid, shall by the same court be valued at and determined to amount unto, in full satisfaction for such estate, interest or demand; in making which valuation the said court shall estimate one full eighth part of the premises hereby vested as aforesaid, to be of the value of two thousand five