Lowestoft (Suffolk) charities: enabling sale of estates to the Lowestoft Railway and Harbour Company and grant of building leases by certain charities, and other provisions Act 1846

JurisdictionUK Non-devolved
Citation1846 c. 28
ANNO NONO & DECIMO
VICTORLE REGIN.E.
Cap.
28.
An Act to enable the Trustees of certain Charity
and Trust Estates at and near the Town of
Lowestoft in the County of Suffolk to carry into
effect a Contract for the Sale of Farts thereof to
the Lowestoft Railway and Harbour Company;
and to enable the said Trustees, and the Trustees
of other Charity and Trust Estates at and near
the said Town of Lowestoft, to grant Leases for
long Terms of Years for Building Purposes of
the said Estates or Parts
thereof,
and for other
Purposes. [13th August 1846.]
W
HEREAS by a Decree of certain Commissioners acting Decree of
under a Commission issued out of the High Court of Commis-
Chancery under the Great Seal of England, bearing Date S10"ers
the Seventeenth Day of February in the Twelfth Year of the Reign of a Commis-61"
King James the First, pursuant to a Statute passed in the Forty-third sion, pur-
Year of the Reign of Queen Elizabeth, intituled An Act to redress the suant t0
Mis-employment of Lands, Goods, and Stocks of Money heretofore given Statute of
to charitable Uses, and the Exemplification of which Decree bears
Date the Tenth Day of July in the Fourteenth Year of King James
the First, after setting forth an Inquisition taken at Lowestoft (under
the said Commission), bearing Date the Fourth of September in the
Thirteenth Year of the Reign of the said King, whereby the Jurors
amongst other things) presented, that one William French, by his
Will, dated, as therein stated, the Fourteenth Day of April One
[Private.] iQf thousand
850 9° & 10° VICTORIA Cap.28.
thousand five hundred and ninety-two, (but dated in fact on the
Fourteenth Day of April One thousand five hundred and twenty-nine,)
did devise and give Three-score Pounds in Money to buy Free Lands
with, and that the Issues, Revenues, and Profits of the Lands so to be
bought should be distributed amongst the poor People of the Town of
Lowestoft aforesaid in manner following ; viz., to Thirteen poor
People of the said Town, Thirteen-pence every Sunday for ever, to be
disposed of by the Churchreeves, and they the said Churchreeves to
have for their Pains Three Shillings and Four-pence yearly; and the
said Jurors further presented, that one John Jettour, by his Writing
indented, dated the Tenth of August Thirty-fifth Henry the Eighth,
and in accomplishment and performance of the said Will of the said
William French, and in consideration of the said Three-score Pounds,
did bargain, sell, give, grant, and confirm unto Edmund Jettour and
divers other Feoffees, then of the said Town of
Loicestoft,
Five Incloses
or Parcels of Land lying in Lowestoft aforesaid, containing by Esti-
mation Eight-and-twenty Acres and a
Half,
for the Term of Twenty
Years,
for the Payment of the said Thirteen-pence weekly, and that
after the End of the said Twenty Years the said Edmund Jettour and
divers other of the Feoffees in the said Feoffment named did, by a new
Feoffment, dated the Fourth January Twenty-sixth Elizabeth, enfeoff
John
Arnold,
John
Wyld,
Matthew Fullwood, and others, and their
Heirs,
of and in all the aforesaid Five Incloses, to the Intent that the
said Feoffees, their Heirs and Assigns, should permit and suffer the
Churchwardens of the said Town of
Loicestoft
for the Time being for
ever to receive and take the Issues, Profits, and Revenues of the said
Land, and distribute and pay to Thirteen poor People of the said
Town Thirteen-pence upon every Sunday for ever, and the Church-
wardens to have for their Pains Three Shillings and Four-pence, and
the Overplus of the Revenues of the said Land to be distributed and
applied for and towards such other good and charitable Uses within
the said Town as to the Churchwardens of the said Town, and Six honest
and substantial Persons of the Inhabitants of the said Parish, or the
greater Part of them, should seem necessary and expedient; and the
Jurors further found, that John
Jettour,
late of
Lowestoft
aforesaid, by his
Deed of Feoffment indented, dated Twentieth June, Sixth Edward the
Sixth, did enfeoff Edmund Jettour and divers other Feoffees, and their
Heirs,
of and in divers
Messuages,
Lands,
Tenements,
Meadows,
Pastures,
and Bruery Lands, and One Windmill within the said Town, amounting
to the Number of Sixty-seven Acres, for the term of Four-score and
eighteen Years, and further so long as the Laws of England should
permit, and that the Churchwardens of the said Town of Loicestoft
for the Time being should have the Oversight and Government of the
aforesaid Messuages, Lands, Tenements, and Hereditaments, for and
towards the Reparations of the Church of Lowestoft aforesaid, and
about other necessary Uses of the said Town; and after referring to
•other Presentments of the said Jurors, the said Commissioners found
i:he said Lands and Premises to be respectively conveyed by Edmund
Jettour, Anthony Jettour, John Jettour, and others, and estated upon
Roger Hill, Roger Rant, Thomas Annott, Gregory Payne, and others,
Feoffees, Inhabitants of the said Town, and others, and their Heirs, for
the charitable Uses before expressed; and after stating that the Rents
of the said Lands and Premises, amounting in all to Three-score
Pounds per Annum, had for Twenty Years then last been misemployed,
contrary
&
10° VICTORIA, CBJB.28.
contrary to the true Intent of the Donors
thereof,
the said Commis-
sioners did, amongst other things, adjudge, order, and decree, that
after the Expiration or other Determination of the several Terms in
certain Leases therein-before mentioned, all the said Lands and every
Part thereof should for ever thereafter be letten at the best yearly
Value that could be gotten for the same, and that no Fine or Income
should be taken for any Lease to be made thereof or of any Part
thereof;
and that at any Time thereafter there should not be any Leases made
of all or any of the said Premises but by the Feoffees of the said
Lands and Tenements for the Time being, or the greater Number of
them, and that to be likewise with the Privity, Assent, and Agree-
ment of Six other of the most honest, able, and sufficient Inhabi-
tants of the said Town of Lowestoft for the Time being, and that in
every such Lease so to be made there should be a Reservation of all
Timber and Wood there growing or to be growing in and about the
said Premises so to be demised, and a Covenant for the keeping
and leaving the Houses and Fences of the same demised Premises in
good and sufficient Reparations, and other fit and convenient Cove-
nants as were commonly used in such Leases, and that the said
Premises or any of them should not at any Time thereafter be letten
by any new Leases before the Expiration, Surrender, or other Deter-
mination of the old or former Lease, and not to continue for any
longer Time than the Term of Seven Years at the most, without
taking any Fine or Income, and reserving a yearly Rent according to
the true Value
thereof,
and that no Wood or Timber growing in and
upon the said Premises should be felled or taken but for the Repara-
tions of the Church and the Houses then standing and being in and
upon the said Premises, and that if any Underwood should be felled
then the same should be sold by the Churchwardens of the said Town
of Lowestoft for the Time being, and the Money thereof coming to be
employed for and towards the Relief of the Poor and Reparation of
the said Church; and that the Churchwardens of the said Town for
the Time being should yearly and every Year thereafter receive the
Rents,
Issues, and Profits of the said Premises, and should yearly, out
of the said Land given to the Poor as aforesaid, pay every Sunday in
the Year, in the Afternoon, after Divine Service, to Thirteen poor
People of the said Town, Thirteen-pence weekly, and retain unto them-
selves Three Shillings and Four-pence yearly for their Pains therein,
and should likewise, out of the Rents, Issues, and Profits of the said
Lands so as aforesaid given to the Poor, yearly and every Year for
ever thereafter, by and with the Direction and good Liking of Six
other of the most honest and sufficient Inhabitants of the said Town
for the Time being, dispose and distribute so much more as with the
said Thirteen-pence weekly, and Three Shillings and Four-pence should
make up the full Sum of Twenty Pounds by the Year, if the Rents,
Issues, and Profits of the Lands and Premises so as aforesaid given to the
Relief of the Poor of the said Town as aforesaid would amount to
so
much,
and if not then so much more as the same bond fide (idtra Reprizes)
should amount to ; and also that the said Churchwardens of the said
Town of Lowestoft for the Time being, yearly and every Year for ever
thereafter, should retain in their Hands and employ and dispose of so much
of the Rents, Issues, and Profits of the said Lands and Premises so as
aforesaid given and estated for the Reparation of the Church of
Lowestoft
aforesaid as should yearly Amount to the Sum of Twenty Pounds per
Annum,

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