Imágenes de páginas
PDF
EPUB

at rack rent) and all committees of lunatics or idiots, and guardi. ans of infants, and all executors and administrators, and all other trustees whatsoever, may contract with the said commissioners to be appointed for the said purposes; and that persons in the actual posseflion, or beneficially entitled to the rents and profits of any manors, messuages, or tenements, (others than tenants at rack rent) shall be preferred in the purchase of such land tax to persons in remainder, reversion, or expectancy, provided they offer to contract for the redemption of such land tax on or before a day to be specified; but that the persons in remainder, reversion, or expectancy, shall be entitled to redeem such land tax, in preference to any other persons having no estate or interest therein, according to the priority of such their respective estates or interests, and in the order in which they will be rospectively entitled to succeed to the said manors, mesluages or tenements; and that in case of demise at rack rent, the persons beneficially entitled to the rent Mall (notwithstanding any covenant) be considered as being in the actual possession of such manors, messuages, or tenements, for the purpose of claiming such benefit of preference, with power to add the amount of the land tax fo purchased to the rent reserved, and to use the same powers for the recovery thereof as for the recovery of rent in arrear; and that on the completion of any contract by the person having such title to preference, or by any other on his behalf, and payment of the first instalment thereof, the manors, messuages, or tenements, comprised in such contract shall thence. forth be wholly freed and exonerated from the land tax charged thereon, and from all further assessments thereof, unless the person contracting for such land tax shall, at the time of entering into the contract for the same, declare his option to be considered as on the same footing with a third person purchasing the land tax; and that upon every contract to be entered into as aforesaid, upon which the transfer of stock shall be made by instalments, there. shall be paid at the time of making the second instalment upon such contract, and so of every subsequent inftalment upon such contract into the hands of the cashier, or cashiers of the governor and company of the Bank of England (whose receipt shall be a fufficient discharge) to the use of his Majesty, his heirs or successors, a suma of money, by way of interest, equal to four-fifth parts of the amount of what would have been the produce up to the time of making such payment of the whole of the stock to be transferred upon such contract as if the whole of such stock had been transferred at the time appointed for making the first instalment thereof, after deducting therefrom the amount of the produce of such part of the stock as Thall then have been transferred; and in every such case the persons beneficially entitled to any estate in remainder, reversion, or expectancy, in the manors, messuages, or tenements, whereof such land tax shall have been so contracted for, shall, at any time or times after such eitate shall veft in possession, by reason of the determination of the next preceding estate or interest, be entitled unto an assignment of such contract upon transferring to fuch original contractors the like amount of the 3 per centum bank

annuities annuities as was transferred by such original contractors as the confideration for the redemption of such land tax, or upon paying to such original contractors at their option, such a sum as shall be of equal value therewith at the time of such conveyance, and to the same option to be considered on the footing of a third person, with respect to such land tax as the person or persons first redeem. ing the same might have. ..." That it is the opinion of this Committee, that all bodies po. litic or corporate, and other persons being in the actual possession, or entitled beneficially to the rents and profits of any manors, meiluages, or tenements, may fell any part or parts thereof for the purpole of redeeming or purchasing such land tax, or charge the láld manors, messuages, or tenements, with such sum or sums of money as hall be sufficient to redeem or purchase the land tax charged thereon; and for securing the repayment of such sums of oney with intereit may convey, surrender, or demise the same

ways of mortgage; or may grant, limit, or appoint any yearly umor lums of money, by way of a perpetual rent charge, not

ceeding the amount of the land tax charged upon the said manors, meiluages, or tenements, to be issuing out of, and charged

ch manors, messuages, or tenements : And every such fale,

e, mortgage or grant of any rent-charge, shall, after hall be duly enrolled, be good, valid, and effectual in to all intents, notwithstanding any defect of title in any parties thereto; and the respective persons to whom any

op mortgage Thall be made, or any such rent-charge shall hted, Thall respectively hold, the manors, messuages, or es, or the said rent-charges, freed and absolutely difTrom all former titles, charges, and incumbrances whatand that wherever there shall be any surplus after paying Las lhall be sufficient for the purchase of 3 per cento annui.

transferred as the confideration for such land tax, the surplus thall be paid into or placed in the Bank of England court of char

e and with the privity of the accountant-general of the hancery, to the intent that such surplus money may be

loon as conveniently may be, under the direction, and approbation of the said court, in the purchase of other de conveyed to the like uses, and in the same manner as tood settled; and in the mean time such surplus to be government, or other public securities, in the name of untant-general, and the dividends and annual produce

from time to time, belong to the person, who would, being, have been entitled to the rents and profits of

invested, as soon as con

estates to be conveyed the same food settled; invested in governme the faid accountant-gen thereof thall, from time to for the time being, have the manors, messuages,

time to

h

time to be named no cont fioners to be appointed land tax, or any part place by any person ent person substituted in that b put up to sale, either by

is ihe opinion of this Committee, that if within a med no contract shall be entered into with the commife appointed for the redemption or purchase of the

any part or parcel thereof, charged in any parish or 2 person entitled to the benefit of preference, or by any

tuted in that behalf, the said commissioners may then male, either by public auction or otherwise, as the 5 A 2

commissioners commissioners of the treasury for the time being shall direct, the whole or any part or parcel of the said land tax charged in any county, or division of any county, or in any parith or place, or any specific share or shares thereof, or any land tax charged on any particular estate or estates, or any part or parcel thereof, which shall not be redeemed or purchased within the said period, and to contract and agree with any persons for the sale of the same, subject to a proviso for the redemption of such land tax, at the time and in the manner to be provided ; and the manors, messuages, or tenements whereon the land tax puso chased is charged, shall be subject to a new assessment from year to year by an equal pound rate, according to the value thereof, in common with all other estates in the same parish which shall remain chargeable to the land tax; and the confi. deration shall be the transfer of stock in the 3 per centum annuities, transferable at the Bank of England as aforesaid, of the like ainuunt as is hereinbefore directed unto the commil. fioners appointed for the reduction of the national debt, to be made within the period of one year from the time of entering into such contract, by four initalments of not less than one. fourth part of the whole amount of the stock to be so transferred as aforesaid, at intervals of three months from each other, the trans. fer of such stock for the first instalment to be made at the end of three months from the time of entering into such contract, but with liberty to contract and agree with the said commiflioners to be ap. pointed, to transfer the whole of the stock agreed to be transferred as the confideration for such redemption, or purchase, at the time prescribed for the transfer of the first instalment thereof, or to transfer such stock in any great proportions and in any less number of instalments than are before prescribed, so as that such inftalments shall not be made at a greater interval than three months from each other; and that such rate or interest shall be payable as in the case of land tax redeemed by persons having a title to preference, and such períons shall be entitled to demand and receive, for their own use, the full amount of the land tax purchased by them, free of all charges and deductions whatever, at the respective times, and in the respective proportions, at which the same Mall be payable, but which shall be redeemable by the person or persons respectively entitled to the benefit of preference in respect to their tenure in the said manors, meffuages, or tenements, at the period to be limited for the redemption of the fame.

“ That it is the opinion of this Committee, that the non-performance of any contract shall subject the party contracting to a pecuniary penalty, not exceeding part of the purchase monet: And that if any person or persons shall enter into any such contract as aforesaid for the redeniption or purchate ci any such land tax, and shall afterwards refuse or neglect to complete the same by the due and regular transfer of the several intalments agreed to be made thereon, then and in every fuch case, and immediately afier de. fault shall be made in the transfer of any of the said instalments, such contract Thall become null and void ; and the whole of the

land land tax so contracted for (in case the same shall have ceased by virtue of this act) shall be revived and again become chargeable on the manors, messuages or tenements, whereon the same was charged prior to such contract, and such land tax, (whether the same shall have been redeemed or purchased) shall be again assessed, raised, levied, and collected, for the use of his Majesty, his heirs, and fucceffors, in the same manner as if such contract had not been entered into. And the Court of Exchequer, on the application of the perlon who shall have incurred such penalty, or any other person who may be prejudiced thereby, by petition, to be preferred in a en mary way, may enla:ge the time for the making good any sublequent instalment or instalments, and grant such relief to the party or parties as to the said Court shall seem meet. " That it is the opinion of this Committee, that the receiver

Tal of each county, riding, or place, where any such land tax mas main chargeable as aforesaid, after the same shall have been purchased not as a specific charge on any manors, messuages, or te

s, in tuch parish or place, or his deputy or deputies, shall,

ch land tax shall have become due and payable, on the of september, for the half year ending on the 29th of Sepand on the 16th of March, for the half year ending on the

ich, in every year upon demand, pay, or cause to be to the purchaser or purchasers thereof, or the heirs, execu

mnitrators, or afligns, of such purchaser or purchasers wely, the full amount of the land tax so purchased, free of z charges and deductions whatever, without fee or reward, out

monies in his hands, in the manner to be provided. here any purchase shall be made of any land tax as a spee on any manors, messuages, or tenements, or where any entitled to preference shall have made his option, to on the footing of a third person purchasing the land abatement shall afterwards take place in the sum so receiver-general fall, upon the production of the luch abatement, pay the full amount thereof, free of ind deductions whatever, and without fee or reward, oh or persons as aforesaid, in like manner, and out of

and at such times of payment as is directed for the

e whole of the land tax purchased. And that in de. uch payment by the receiver-general or his deputy, the

his heirs, executors, administrators, or assigns of such ay cause notice of such default to be given to the occu

anors, messuages, or tenements, on which the land obline purchased shall be charged ; and such occupier shall be

by the same upon demand, unless he shall have previa the parith.ne lame, for want of such notice, to the collector of

unless the yearly value of the estate, whereon such

ve been charged (eftimating such value by the rack igheft improvements made thereof) thall be reduced eltate shall be charged with a higher rate than four The pound on such value, in which case the occupier e to the payment of any greater sum than after the

rate

cific charge on any mano

charged, the receiver-general certificate of such abatement, pa all charges and deductions to such person or persons luch monies, and at fu

fault of such payment by furchaser or his heirs, execut purchaser may cause notice fier of the manors, men

obliged to pay the lame oully paid the same, for the parish; or, unless the ye land tax shall have been charg rents and the highest improv so that the estate shall Lillings in the pound on hall not be liable to the payme

rate of four shillings in the pound on such value ; or unless the land tax shall by any abatement thereof be reduced to a sum less than the fum charged on the same manors, messuages, or tenements, at the time of the purchase ; in which case such occupier shall not be liable to the payment of any greater som than the sum actually char cd on such manors, messuages, or tenement, at the time of the deinand, with the like remedy for the recovery as landlords may by law have for the recovery of rent in arrear. And that in care of any diminution of the sum to be paid to the purchaser of any land tax, by reason of any reduction in the value of the estate charged therewith, the purchaser shall have the option of continuing to receive a fum necessary to complete, in each year, the whole annual amount of the sum originally purchased by him, or to demand of and from the commissioners for the reduction of the national debt a transfer of so much capital stock in the 3 per cent Bank annuities as shall yield an intereft exceeding the amount of such abatement by 1-5th part thereof.

“ That it is the opinion of this Committee, that if the receivergeneral of any county where any land tax shall be purchased, not as a specific charge upon any particular manors, mesfuages, or tenements, in any parish or place, but a charge upon such parish or place at large, or upon such part thereof as shall continue chargeable, shall neglect to pay to the purchaser of any land tax the full amount of the land tax so purchased, the purchaser may cause notice of such default to be given to the collector of the said 'and tax, and of his intention to receive the land tax in future from such collector; and on such notice, every such purchaser shall be entitled to receive the amount of such land tax from such collector accordingly. Or if such receiver-general where any land tax shall be purchased as a specific charge on any particular estate or eftates, or where any land tax shall be redeemed by the person entitled to preference, who shall have made his option, to be considered on the footing of a third person purchasing the land tax, and any abatement shall afterwards take place in the sum fo charged, shall seg. Ject to pay to the person entitled to such land tax the full amount of such abatement, such purchaser may cause the like notice to be given to the coilector to entitle such purchaser to the land tax so purchased from such collector in the manner before directed ; and that every such collector, on the production of the contract of pur. chase, fall, from time to time, pay, or cause to be paid, to such purchaser, the full amount of the land tax purchased, free of all charges and deductions whatever, and without fee or reward, out of any monies in the hands of such collector, arising from the produce of the land tax in such parish or place, unless such collector Mall, for want of such notice as aforesaid, have paid the whole of the land tax charged in such parish or place to the receiver-general of the county.

« That it is the opinion of this Committee, that if any affeilment of land tax which shall continue to be charged shall at any time be found to exceed the rate of four shillings in the pound on the annual value of the manors, messuages, or tenements, the same

thall

« AnteriorContinuar »