PARLIAMENTA

RY FORMS.

Private Act Estates (leasing freeholds).

Court of Chancery empowered to appoint new trustees.

This act not to affect an absent

party.

so to be made as aforesaid: provided always, that the persons successively entitled to the rents and profits of the hereditaments, moiety, parts and shares so charged as aforesaid, shall be chargeable with the interest accruing due on the principal money hereby charged during the continuance of their respective estates therein; and no greater arrear than for one year shall be recoverable against any person who shall become entitled in remainder or reversion, for any interest accrued during the estate of any person or persons entitled to any preceding estate or interest in the premises.

and

And be it further enacted, That in case both or either of them the said or any trustee or trustees to be appointed under this present provision in their or either of their place, should depart this life, or be desirous of being discharged of and from the aforesaid duty or right of exercising all or any of the said powers and authorities, or should go to reside beyond seas, or should neglect or refuse or become incapable to act in the execution of the said powers and authorities before the said powers and authorities shall be fully executed and performed, then and in that case, and as often as the same shall happen, it shall be lawful for the High Court of Chancery, if the said court shall see occasion and think fit, in a summary way, or in the matter of any lunatic, on the petition of the person or persons for the time being entitled to the rents, issues, and profits of the said hereditaments, moiety, parts or shares hereby authorized to be leased, or the committee or committees of such person or persons if lunatic, or the guardian or guardians of such other person or persons, if an infant or infants, to nominate any fit person or persons to supply the place of the trustee or trustees so dying, desiring to be discharged, or going to reside beyond the seas, or refusing or neglecting or becoming incapable to act as aforesaid; and that immediately after every such appointment, every new trustee so appointed shall have and may exercise the same powers and authorities of leasing and making contracts for leases, and all other powers and authorities whatsoever, as if he had been appointed a trustee by this act, and as if his name had been inserted in this act instead of the name of the trustee hereby appointed, and in or to whose place such new trustee respectively shall come or succeed.

And whereas, &c. [if any party whose consent is necessary be out of the kingdom add a clause for his protection (1)].

(1) Such clause may be as follows:
"And whereas the said

is now in parts beyond

the seas, and his consent to this act hath not yet been proved; be it

Provided always, &c. [indemnity to trustees (1) ].

Saving always to the King's Most Excellent Majesty, his heirs and successors, and to all and every other persons and person, bodies politic and corporate, and their respective heirs, successors, executors and administrators, (other than and except to the said [person empowered] and his assigns, and the said [as the case may require], and the heirs male of the respective bodies of them the said

and all and every other son and sons of the said

hereafter to be born, and the heirs male of his and their respective bodies,) all such estate, right, title, interest, claim, and demand whatsoever, in, to, or out of the said entirety, moieties, parts and shares which are settled as aforesaid, of the messuages, lands, and hereditaments mentioned in the schedule to this act annexed, or any part thereof, as they or any of them had before the passing of this act, or would, could, or might have had or enjoyed in case this act had not been made.

And be it further enacted, That, &c. [evidence clause (2) ].

therefore enacted, That this act shall not, nor shall any thing herein
contained, be construed, deemed, or taken to affect or be conclusive
on, or in any manner to bind the said
unless and until he the said

or his issue,

shall signify his consent

or more

to this act by writing under his hand, and attested by
credible witness or witnesses, nor unless such writing shall be en-
rolled in the High Court of Chancery within

calendar

months from the date thereof, and which enrolment the proper officer of the said court is hereby authorized and required to make; and such consent may be given in the form or to the effect following; (that is to say,)

'I

• made and passed in the

• lent Majesty

PARLIAMENTA

RY FORMS.

Private Act Estates (leasing freeholds).

General saving.

Evidence clause.

do hereby consent to an Act of Parliament Form of conyear of the reign of his Most Excel- sent. entitled an act to enable

and others to grant building, repairing and other leases of estates in "the parish of

, in the county of

,

' and for other purposes, so far as the said act can or may affect or concern me, or the issue of my body, and my heirs, or any person

or persons claiming or to claim by, from, or under me or them. "Given under my hand this,' &c.

(1) See ante, p. 275. and post p. 321, (2) See ante, p. 289.

SUP.-VOL. III.

Rider A.

Additions, &c. to the preceding Bill, empowering the granting of mining leases.

And whereas it is apprehended that there are divers mines, veins, beds and seams of tin and tin stuff, copper and copper ores, lead and lead ores, and other minerals and valuable substances, as well under the lands and grounds mentioned in the said several recited agreements of, &c. [if agreements for leases have been made] as also under the other lands and grounds in the county of , comprised in the said several recited indentures of settlement: and whereas no powers are contained in the said recited indentures of, &c. to authorize or enable the persons for the time being entitled thereto, under or by virtue of the limitations therein respectively contained, to demise or lease the mines and other mineral property under the same: and whereas it would greatly conduce to the benefit of the said and of the persons for the time being entitled after the determination of this estate, or the guardian or guardians of such person or persons, during his, her or their minority or respective minorities, if they respectively were authorized and empowered to make or grant a lease or leases to the said of the said mines and premises in the said respective agreements of, &c. described at, under and subject to the rents, reservations, covenants and conditions in the said agreements respectively mentioned; and also if the several persons aforesaid were enabled, authorized and empowered to make or grant leases, as well of the mines and mineral property so agreed to be demised to the said

and

as aforesaid (after the determination of the term or terms so agreed
to be granted to him as aforesaid,) as also of all other the mines and
mineral property aforesaid, for such term or terms of years, with such
powers and privileges, and at, under and subject to such rents, reser-
vations, covenants, conditions, regulations and agreements as shall be
thought proper or expedient, and as circumstances may require; and
on account of the great length of time which will necessarily elapse
before such mines can be worked to any considerable advantage, it
would be more for the interest of the children of the said.
such leases could now be granted to any persons who might be found
willing to work the said mines, rather than that the property should re-
main in its present state until such children shall become entitled thereto
in possession; but inasmuch as by reason of the limitations contained in
the said several recited indentures of settlement of, &c. such leases as
aforesaid cannot be made or granted without the aid and authority of
Parliament: Therefore your Majesty's most dutiful and loyal subjects,

if

PARLIAMENTA

RY FORMS.

Private Act Estates (leasing mines).

PARLIAMENTA

RY FORMS.

Private Act
Estates

agreements for

the said

on behalf of himself and his said

day of

infant children doth most humbly beseech your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and (leasing mines). with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of Confirmation of the same, that the said recited articles of agreement, bearing date on or about the so made and entered into with as aforesaid, and every covenant, clause, article, matter and thing therein respectively contained, shall be and the same are respectively hereby absolutely ratified, confirmed and established; and that it shall and may be lawful to and for the said during his life, and in the event of his death before such lease or leases as next hereinafter mentioned shall be made or granted, to and for the said

leases already

made.

Power for the

parties to grant
leases for
years of mines
under any part
of the estates.

the said

his wife, and in the event of her death before such lease or leases shall be made by her, to and for the person or persons for the time being entitled in remainder or reversion expectant upon their said respective estates, or the guardian or guardians of such person or persons during his, her or their minority or respective minorities, being either a testamentary guardian or guardians, or a guardian or guardians appointed by the High Court of Chancery, of the premises so agreed to be demised as aforesaid, by an indenture to be sealed and delivered by them respectively in the presence of and to be attested by more credible witness or witnesses, to demise or lease the premises so as aforesaid agreed to be demised to the said unto him the said

or

, his executors, administrators or assigns, for and during the term of years, to commence and be computed from the said day of at, under, and subject to the rents, reservations, covenants, clauses, conditions and agreements in the said several articles of agreement mentioned and contained, or as near thereto as may be, and the circumstances of the case and the rights and interests of the parties and of the persons entitled in reversion or remainder shall require, and so as to carry each of the said agreements into effect by one and the same indenture, or by several indentures; such rents and other reservations to be reserved to the person or persons for the time being entitled to each of the said parts (being moieties of a

parts and

part) in reversion immediately expectant on the term or terms to be granted by each such lease respectively. And be it further enacted, That it shall and may be lawful to and for the said during his life, and after his decease to and for the said his wife, and after their respective deaths to and for the person or persons for the time being entitled in reversion or remainder expectant upon their said respective estates, or the guardian or guardians of such person or persons as aforesaid, during his, her, or their minority or respective minorities, as to undivided part of the hereditaments

situate in the said county of