fied in the first schedule hereunto annexed, and have accordingly
caused the same to be surveyed and valued, and to be divided
into
parts or allotments of equal value; and it hath been
agreed between them, that
of the said parts or allotments,
consisting of the messuages, lands, and hereditaments comprised in
the second schedule hereunto annexed, with the appurtenances, shall be
limited and assured according to the said recited will of the said

that the par

, and that the other of the said parts or allotments, consisting of the several messuages, lands, tenements, and hereditaments mentioned and specified in the fourth schedule hereunto annexed, with their and every of their respective appurtenances, shall be limited and assured according to the said recited will of the said : and whereas it would be desirable and very advantageous to the said and their issue, and all persons claiming or deriving title under the will of the said tition so agreed to be made by the said as aforesaid, should be completed; yet, by reason that it is doubtful whether the said partition can be effected by virtue of or under the said power of sale and exchange [or as the case may be], the same partition cannot be satisfactorily and effectually made without the aid and authority of Parliament: now therefore your Majesty's most dutiful and loyal subjects, the said (on behalf of do most humbly beseech

(infants), and the said

,

and

PARLIAMENTA

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Private Act
Estates

(partition).

Confirmation of

your Majesty that it may be enacted; and be it enacted by the Enactment. King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that the said several partitions [and exchanges] so made or purported to be made by or between the said said of and concerning the several messuages, lands, tenements, and hereditaments, situate, lying, and being in the townships of within the parish of

and

with the

aforesaid, and particularly specified and described in the first and second schedules to this act annexed, and also the said partition so agreed to be made by the said as aforesaid, of the said other messuages, lands, tenements, and hereditaments, situate, lying, and being in the said parish of which are specified and described in the third schedule to this act annexed, shall be and the same are hereby respectively ratified and confirmed.

And be it further enacted, That from and immediately after the passing of this act the several messuages, lands, tenements, and hereditaments mentioned and specified in the first schedule to this

the partition and exchange made and agreed to

be made.

Lands, &c. set forth in the first schedule to

PARLIAMENTA

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Private Act
Estates
(partition).

stand settled to the uses of the

will of the late

Lands, &c. set forth in the se

cond schedule to stand settled to the uses of the will of

act annexed, with their and every of their rights, members, and ap-
purtenances whatsoever, shall be absolutely freed, acquitted, exone-
rated, and discharged of and from all and every the uses, trusts,
estates, charges, powers, limitations, provisoes, and declarations in
and by the said hereinbefore recited will of the said

limited, created, declared, and contained of and concerning the mes-
suages, lands, tenements, and hereditaments therein comprised, and
also of and from all the estate, right, and title of the said
(as the heir at law of the said
), and their respective
heirs and assigns, in or to the reversion or remainder in fee-simple of
and in the same hereditaments or any part or parcel thereof; and
that, so freed, acquitted, exonerated, and discharged as aforesaid,
the same messuages, lands, tenements, and hereditaments mention-
ed and comprised in the said first schedule hereunto annexed,
with their and every of their rights, members, and appurtenances,
shall, from and immediately after the passing of this act, stand
limited and settled, and the same shall go, remain, and be to such
uses, upon such trusts, to and for such intents and purposes, and
with, under, and subject to such charges, powers, provisoes, and de-
clarations, as in and by the said recited will of the said

are or were limited, created, expressed, declared, and contained of
and concerning the messuages, lands, tenements, and hereditaments,
situate in
aforesaid, thereby devised, of or to which the
said
was seised or entitled at the time of his decease,
(except (if so) the advowson of the church of
aforesaid),
or such and so many of the same uses, trusts, charges, powers,
provisoes, and limitations as are now subsisting undetermined and
capable of taking effect.

And be it further enacted, That from and immediately after
the passing of this act, all and singular the messuages, lands,
tenements, and hereditaments, situate, lying, and being in the said
parish of
aforesaid, which are described or specified
in the second schedule to this act annexed, with their and every
of their rights, members, and appurtenances, shall be absolutely
freed, acquitted, exonerated, and discharged of and from all and every
the uses, trusts, limitations, charges, estates, powers, provisoes, and
declarations which in and by the said hereinbefore recited will of the
said
are or were limited, created, declared, and contained
of and concerning the messuages, lands, tenements, and heredita-
ments therein comprised, and also of and from all the estate, right,
title, and interest of the said
(as the heir at law of the
) and his heirs; and that, so freed, acquitted, exone-

said

rated, and discharged, the said last-mentioned messuages, lands,
tenements, and hereditaments, with their and every of their appur-
tenances, shall from and immediately after the passing of this act,
stand limited and settled, and the same shall go, remain, and be to
such uses, upon such trusts, to and for such intents and purposes,
and with, under, and subject to such charges, conditions, powers,
provisoes, limitations, and restrictions, as in and by the said herein-
before recited will of the said
are or were limited, ex-
pressed, declared, and contained of and concerning the manors, mes-
suages, lands, tenements, and hereditaments therein comprised, or
such and so many of the same uses, trusts, charges, conditions,
powers, provisoes, limitations, and restrictions as are now subsisting
undetermined or capable of taking effect.

And be it further enacted, That one moiety of all the costs,
charges, and expenses of making surveys, plans, admeasurements,
valuations, and partitions of the several messuages, lands, and other
hereditaments hereinbefore limited and settled by this act, and of
preparing and obtaining this act, and all other expenses incident
thereto, shall be borne and paid by the said
and the
other moiety thereof by the said

, by and out of the monies which shall be produced by sale of the real estates of the said

by his said will devised to them in trust to be sold.

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Private Act
Estates
(partition).

Costs of the act

to be borne

equally.

as to one party.

Provided always, and be it further enacted, That if the said Eviction clause or his heirs shall at any time hereafter, without his or their wilful default, be lawfully evicted from or turned out of the possession of the said messuages, lands, and hereditaments hereby limited to the uses of the will of the said , or any part thereof, by any person or persons lawfully or equitably claiming or to claim any estate, right, or interest in, to, or out of the same premises, under any title prior to this act, so that the said partitions or exchanges cannot continue, then and in such case it shall and may be lawful to and for the said or his heirs to enter into and

,

upon the said messuages, lands, and hereditaments hereby limited to
the uses of the said will of the said
or any part thereof
in the name of the whole, and to hold and enjoy the same, and re-
ceive and take the rents and profits thereof, in such and the same
manner, and subject to such and the same charges and incumbrances,
as he or they might or could have done if this act had not been
passed; any thing hereinbefore contained to the contrary thereof in
anywise notwithstanding.

Provided also, and be it further enacted, That if the said

, or any other of the devisees named in the said recited will

SUP.-VOL. III.

Eviction clause as to other party.

PARLIAMENTA

RY FORMS.

Private Act
Estates
(partition).

Recital of certificate of partition, &c. in

Chancery.

their wilful default, be lawfully evicted or turned out of possession of
the messuages, lands, or other hereditaments hereby limited to the
uses of the said will of the said
, or any part thereof, by
any person or persons lawfully or equitably claiming or to claim any
estate, right, or interest in, to, or out of the same premises, under
any title prior to this act, so that the said partitions and exchanges
cannot continue, then and in such case it shall and may be lawful to
and for the said
, or other the person or persons who shall
be so lawfully evicted or turned out of possession as last aforesaid, to
enter into and upon the said messuages, lands, and hereditaments
hereby limited to the uses of the said will of the said

, or

any part thereof in the name of the whole, and to hold and enjoy the same, and receive and take the rents and profits thereof, in such and the same manner, and to, for, and upon such and the same uses, trusts, intents, and purposes, and under and subject to such and the same charges, powers, provisoes, and limitations, as he, she, or they might or could have done if this act had not been passed. [If the subject of the partition be in chancery, the following clauses, &c. may be added.]

And whereas, &c. [recital of certificate of partition made under a commission from the Court of Chancery, and proceedings thereon]. And whereas such certificate has been absolutely confirmed by an order of the said Court of Chancery, bearing date, &c. and whereas there is not in the said recited will or codicil any power or provision made for granting leases of the part or share thereby provided for the said and his children as

aforesaid, or for the appointment of any new trustees of the same part or share and whereas all the said children of the said

are infants under the age of years and whereas from the situation of the copyhold lands the said partition would have been inconvenient, unless the said partition had included the copyhold as well as the freehold lands, and allotments had been made thereof: and whereas the estates allotted in respect of the share which became subject to the interests of the said and his

children, comprise several messuages, or dwelling houses and buildings, which, with the lands adjoining to or which have been held with the same, might be let to considerable advantage to respectable tenants, but as the buildings require considerable repairs, and no person has hitherto been found and it is not likely that any person will be willing to take the same, except upon lease; and therefore it will

/ PARLIAMENTA

RY FORMS.

Private Act
Estates
(partition).

tend to the improvement of the last mentioned estates, and be or the benefit of all parties interested therein, if a provision is made for granting leases of the same for a reasonable term, and under proper provisions: and whereas by reason of the trusts, limitations, or provisions contained in the said recited will, of and concerning the share thereby made subject to the interests of the said and his children, and also by reason of the copy hold tenure of some of the estates allotted under the said commission of partition as aforesaid, the title to the estates so allotted cannot be completed without the aid and authority of Parliament: wherefore it is hereby further enact- Confirmation of Chancery partied, that from and immediately after the passing of this act, the said tion. partition and allotments so made of the said freehold and copyhold estates described in the said certificate of partition (being the estates comprised in the schedules to this act), shall be and are hereby established, ratified, and confirmed, and shall be good, valid, and effectual to all intents and purposes, according to the true intent and meaning of the said certificate, and the order of the said court confirming the same.

And be it further enacted, That all and singular the freehold Allotment to one party. and copyhold messuages, farms, lands, tenements, and hereditaments which in and by the aforesaid certificate or return under the said commission of partition are expressed to be thereby allotted to the said as and for his part or share

in severalty of the estates directed by the said Court of Chan-
cery to be divided as aforesaid, (which estates and premises so al-
lotted to the said
are particularly described or
schedule to this act), with their and every of

mentioned in the

their rights, members, and appurtenances, shall from and immediately after the passing of this act be vested in and stand settled and assured upon and to the use of

assigns, for ever.

his heirs and

other party.

And be it further enacted, That all and singular the freehold Allotment to and copyhold messuages, farms, lands, tenements, rents, and hereditaments, which in and by the aforesaid certificate or return under the said commission of partition are expressed to be thereby allotted to the said as and for his part or share in severalty of the estates directed by the said Court of Chancery to be divided as aforesaid, (which estates and premises so allotted to the said are particularly described or schedule to this act), with their and every of their rights, members, and appurtenances, shall from and immediately after the passing of this act be vested in, and stand settled

mentioned in the