Duchy of Cornwall Act 1670

VIII. Proviso for certain Rents arising in the Principality of Wales.

X1 Provided alwayes That neither this Act nor any Thing therein contained, shall extend or be construed to extend to the Sale of any the Fee Farme Rents, Tenths Chauntry Rents, Rents Secke or any dry or other Rents whatsoever due or payable to his Majestie, or the Prince of Wales for the time being, issueing or ariseing within the Principality & Dominion of Wales; This Act or any Thing therein contained to the contrary in any wise notwithstanding.

Instructions enacted to be observed in the Sale of Fee-Farme Rents; yet soe as the Breach or Non pursuance of these Instructions shall not invalidate or weaken the Title of any Purchaser.

Contracts to be signed by Treasurer.

1. All Contracts touching the Sale of any Fee Farme Rents or other Rents before mentioned shall be signed by the Lord Treasurer or Lords Commissioners of the Treasury for the Time being or any two of them.

Trustees to convey.

2. The Trustees shall convey to such Persons as by Order from the Lord Treasurer or Lords Commissioners of the Treasury or any two of them they shall be directed.

Purchase Money how to be paid.

3. Every Contractor shall at or before the Time of the sealeing of his Conveyance pay downe one Moyty at least of his Purchase; Money into the Exchequer, and shall alsoe before he shall receive his Deed of Conveyance give Security such as the Lord Treasurer or Lords Commissioners of the Treasury shall approve for the Payment of the second Moyty at the time appointed.

Allowance on prompt Payment.

4. Such Contractors as will pay downe their whole Purchase Money shall receive such Allowance for their present Payment of their second Moyty as shall be thought fitt, soe as the same exceede not the Rate of ten per Cent.

Tenants contracting within Six Months to be preferred in point of Purchase.

5. The immediate Tennant lyable to the Payment of any Rent shall be preferred in the Purchase of it before any other, soe as such immediate Tennant tender himselfe to the Lord Treasurer or Lords Commissioner of the Treasury to contract within six Moneths after the passing of the said Patent and Notice thereof published by his Majestyes Proclamation, and perfect his Contract, and pay or secure his Money, as aforesaid, within six Moneths after, at such Rate as shall be agreed not exceeding twenty Yeares Purchase.

Proviso.

6. If the immediate Tennant or some on his Behalfe doe not tender and perfect his Contract as in the last precedent Article, all Benefit of Preference, or Preemption is to be lost.

Conveyance to whom made.

7. The Purchaser may have his Conveyance in the Names of any Person or Persons he shall desire.

Proviso respecting Incumbrances.

8. If any Fee Farme Rent or other Rent be subject to, or charged with any Payment or other Incumbrance, Consideration shall be had of it at the Time of the Contract, and a Reprize allowed for it accordingly, and where such Reprize is allowed, the Purchaser is to convenant to take upon him such Incumbrance soe reprized.

Trustees to hold for the Crown until Sale.

9. The Trustees are to hold the Rents conveyed to them for the Benefit of his Majestie his Heires and Successors until Sale.

Trustees to convenant against Incumbrances by them.

10. The Trustees in all Conveyances to be made by them shall covenant with the Purchasers in usuall For Forme to free the Premisses and save the Purchaser harmelesse from any Act done or suffered by them, which may any way incumber the Premisses.

Editorial Information

X1 annexed to the Original Act in a separate Schedule.