DIEV ET MON DROIT


BY THE Lord Lieutenant General AND General Governour OF IRELAND.

ESSEX,

WHereas we are Authorized and Required by His Majesties Letters, bearing date the 13th. day of February, 1676, to give such further Rules and Directions for the better disposing and Settling the remaining part of the security of the Commissioned Officers which served his Ma­jestie in the wars of Ireland, before the fifth of June, 1649. As we shall see necessary and con­ductng to the better satisfaction of that interest. We have thought fit to give the following Rules to His Majesties Commissioners appointed for setling the undisposed part of the said security.

First, That in case the Possessor desires to Compound for the Fee of a­ny Lands, Tenements or Hereditaments, and it doth not appeare (o­therwise than by his own discovery) that the Kings is Intituled to the same, that the Possessor be Admitted to have His Majesties Title, and be Discharged of the mean Profits, paying one third part of the value of the said Lands, Tenements, or Hereditaments, the same to be va­lued, viz. the Inheritance of Lands at ten Years Purchase of clear Yearly value, over and above the Quite, Rent, and of Houses, and o­ther Hereditaments, at eight Years purchase at the like clear yearly va­lue.

Secondly, That where there is an Incombrance, and the Possessor desires the Preemption, and being his own discovery, there the inheritance of Lands, Tenements and Hereditaments to be valued as afore­said, and the Incumbrance being deducted, the Possessor to pay, viz. if an Incumbrance of money by Mortgage or otherwise upon Lands or Houses, one third of the Remain of the value, and if an Incumbrance by Lease for Term of years, the Lease to be indifferently valued, and to pay one third of that value after deduction of the Ineumbrance as aforesaid; And if the Incumbrance be from a Nocent, to an Innocent, in which case the Money is onely forfeited, a third part of the Money.

Thirdly, That where the possessor desires to Compound for the Fee of any Lands, Tenements, or Hereditaments, and by the help of a discover­er the Litle already appears, in such case the Discoverer vsing first sa­tisfied by the Possessor, according to former Rules, the Possessor to pay one moyety of the Remain according to the values aforesaid, yet no Pos­sessor to have any benefit of this Rule, who shall not within twenty days next after notice or warning given him by the said Commissioners, appear before them and accept thereof, without further suit or trouble.

[Page] Fourthly, Where the Possessor hath built from the ground since Novem­ber, 1660. and himself making discovery, to Pay Ten years Purchase ac­cording to the value of the ground as the same shall appear to be worth before the said Improvements, and where there was any former building, upon the ground which has been since pulled down, and New built or re­paired, the said Possessor to pay eight years purchase, according to the value of the said former building,

And we do hereby lastly order and Declare, that in all Certificates hereafter to be passed by the aforesaid Commissioners of any Mortgaged or Incumbred houses or Lands within the security of the said Com­missioned Officers, to any person who now is or hereafter shall be inti­tuled to the Preemption of the same, or that shall by Canting or giving most, come to have the Inheritance, and Fee thereof absolutely adjudged or decreed to him, The said Commissioners to thereupon ascertain and reserve the Quitrents payable thereout to His Majestie, according to such proportion as the whole value of the said Respective Houses or Lands at the rate of Ten years Purchase, shall appear to them to ex­ceed the unforfeiced Incumbrances thereupon, so that if such Houses or Lands shall be of more value and near, but not a full fourth part more than such unforfeited Incumbrances thereupon, in such case onely one fourth part of the Quitrent payable by the Acts of Settlement and Ex­planation shall be Reserved to His Majestie out of such Houses or Lands, And so in like manner and proportion where the value of such Houses or Lands shall appear in a greater or less Proportion to exceed such unforfeited Incumbrances thereupon, Yet so as the Rents that shall be so reserved, be not in any case less than one Fifth Part of the nex [...]t Quitrents payable to His Majestie out of such Lands by the said Arts, and that the said Rents so to be reserved, be also in all cases some­thing more than the Rent payable to his Majestie out of such Lands in the year 1641. And that upon passing such Certificate, the Rents therein to be reserved be made payable to his Majestie from the Date of such Certificate, And whereas the present Farmers of his Majesties Revenue, have declared their willingness and readiness to consent and agree to the moderation & abatement of Quitrents according to the pro­portion aforesaid, in all cases where the present Proprietor or Possessor of and Mortgaged or Incumbred Lands or Houses, within the security of the forty nine Officers, shall be willing to compound and agree for the preemption or Redemption of the Mortgages & Incumbrances thereon, & pass Letters Patents thereof with all convenient speed, We do hereby further order, that in all such cases the said Commissioners do acquaint the said Farmers of his Majesties Revenue of such persons as they shall thereunto Nominate or appoint, with the proceedings as for what Re­lates to the Quitrent which from time to time shall be made by them with any such Proprietor or possessor, & more especially with the value the said Commissioners shall put upon such lands, in order to the ascertain­ing the Rent to be reserved thereout, to the end the said Farmers, or the persons thereunto appointed by them being satisfied therein, may agree and consent thereunto, or otherwise declare rnd offer their reasons to the contrary, or causes why they do not Consent. And in case any Difference shall happen between the said Farmers & the said Commissioners con­cerning the valuation of such houses or lands, or the due proportioning of the said Quitrents, the same is as well by the said Farmers, or those appointed by them, as by the said Commissioners to be certified or Re­presented to the Lord Lieutenant, or other Chief Governour or Gover­nours of this Kingdom for the time being, to be finally settled and de­termined, as upon due Consideration and Examination of the matter in difference shall be by him found reasonable and just.

W. Ellis.
God save the King.

Dublin, Printed by Benjamin Tooke, Printer to the Kings Most Excellent Maje­stie; and are to be sold by Joseph Wilde Book-seller in Caste-street. 1677.

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