Jones v. Lord
Say and Sele,
1 Eq. Ca.
Abr. 383.

vid. 2 Vez.
634

Befides thefe, of late years another series of cafes have likewile been confidered as out of the ftatute; namely, where lands are given to one and his heirs in trust to receive and pay over the profits in fuch manner and to fuch perfons, as require, that, to effect the intention, the estate should remain in the donee, and not execute in the celui que truft. This ufe is not executed by the ftatute, because the land must remain in the trustee to enable him to perform the trust.

As, in deciding upon thefe equitable interefts, the courts of equity avoided thofe inconveniencies which had formerly attended ufes, by confining fuch eftates within the limits the law prefcribed with regard to legal eftates, and fubjecting them to all the confequences of an actual ownership; the reafon of mankind affented to thefe principles of equity, and the doctrine of Ufes was revived under the denomination of Trufts.

Eltates or interefts in things are alienable by the owner thereof by conveyance in two manners: one to take effect in the life of the party aliening; the other by conveyance to take effect after his death. The former includes as well the modes of alienation introduced by the feudal law, as the various inftruments and acts which the industry and ingenuity of men, fkilled in the law, have devised to get rid of the forms adopted in that system for the fake of notoriety. The latter are confined to alienation by will or teftament, or the like.

Each of these feveral species of affurances and conveyances, amongst many others, conftitute the fubftance of the following work.

Note, Such parts of the body of the Work as are introduced by the Editor, are marked [*]

The

The Practice of Conveyancing.

Acknowledgments.

By Trustees, that Stocks are transferred to and accepted by them upon Trufs. By Indorsement.

E the within named T. H. and H. B. do hereby acknowledge.

WE the within named ank stock within mentioned, hath been

transferred to and accepted by us, upon the trufts within mentioned. Witness J. B.

H. W.

Of Writings received.

T. H.

H. B.

HEREBY ACKNOWLEDGE to have had and received this - day of of A. B. two feveral indentures, one of lease and the other of release, dated. and both made between - purporting a mortgage from the faid of lands in for fecuring and interest, and also a bond for the performance of the covenants contained in the faid mortgage. I fay received, in order to recover the monies due thereon.

to the faid

Another.

By me C. D.

I DO acknowledge that the feveral writings mentioned on the other fide of this paper are left and depofited in my hands, by and in trust for 4. B. and M. C. to be kept as I keep my own goods and writings, and to be produced for the use of either of the faid parties, as their refpective occafions fhall require. Witness my hand the

I

in the year of our Lord, &c.

Another,

day of

A. . do acknowledge to have received on the day of the date hereof, of and from B. &c. the feveral fecurities to me as executrix aforefaid. for monies paid by him by my order and confent to the several perfons following to wit, A bond from C. for. principal money, dated, &c. a fecurity by affignment of a Naval bill, &c.

Acquittances. Vid. Receipts and Releafes,

VOL. I.

D

of

2 Black. Com. 344.

PRI

RIVATE BILLS are a fpecies of affurance by matter of record not depending on the act or confent of the parties themselves: but having the fanction of a court of record to fubftantiate, preserve, and be a perpetual teftimony of the transfer of property from one man to another, or of its eftablishment when already transferred.

Private acts of parliament are, especially of late years, become a very common mode of affurance in cafes where common proceedings, and the judgments or decrees of ordinary courts of juftice, will not avail.

Ås to enable the fale of lands in settlement ineligibly fituated, and the purchase of others, advantageous in point of locality, or in other respects.

To enable perfons reftrained from felling, alienating, or difpofing of terms for years, to the rents iffues and profits of which they are intitled during their lives, to accept of terms, advantageous for all parties interested, offered by the owners of the fee, and to veft the fame in them, difcharged of fuch terms, and the trusts thereof.

To enable tenants for life, of eftates incumbered, to fell a part thereof, and with the money arifing from fuch fales to discharge the incumbrances; it being made evident that the payment of the intereft is a greater deduction from the income of the owners of the eftates than any deficiency that would enfue from fuch alienations.

To authorife a fale of part of eftates mortgaged to preferve the remaining part thereof in the family, which would otherwise be loft by foreclosure.

To enable tenants for life to fell the fee-fimple, rather than difpofe of mortgage terms at a price evidently difadvantageous.

To eftablish and confirm exchanges of lands, made pursuant to agreement, beneficial to all parties interested.

To enable parties, who, by reafon of limitations, are not qualified to make, join in, and execute fuch acts, deeds, and affurances, as are neceffary to confirm and establish a partition; effectually to accomplish. it, if it be for the general intereft of the owners at large.

To remove and obviate difficulties arifing from infancy; First, by impowering infants to fettle their lands purfuant to marriage articles; where giving efficacy to fuch treaties and the fettlements, to be made thereupon, will be evidently for the benefit of the infants; or,

Secondly, By carrying into execution agreements beneficial and advantageous to families, notwithstanding the infancy of any of the parties. interested; in which cafes it is ufual to proceed originally in Chancery, in order to procure the Mafter's certificate, that the proposed scheme is for the infant's benefit.

Thirdly, By authorifing truftees to pay money, (bound by settlement to be laid out in the purchase of lands and fettled on daughters, (being infants) in tail, remainder to the fon in fee,) to the hufband

of

a daughter on her marriage, the remainder-man in fee confenting.

Fourthly, By enabling infants to difpofe of their eftates, where, from the narrowness of their circumftances, they will be left without fubfiftence: unless by this means money can be raised to place them in fome employ, whereby they may get a livelihood.

Fifthly, By impowering their guardians to renew college leases; and, for that purpose, to furrender them up, and to apply their perfonal eftates to pay the fines and charges of removal.

Private acts alfo have been interpofed, to enable a tenant for life, reftrained by various ftrictures, to provide for the fupport and maintenance of his eldest fon, and to erect a house suitable to his ftation; fuch tenant for life ftipulating to abandon other advantages, equivalent in value, to those who are entitled in remainder.

Alfo to enable tenant for life to raife portions, under the trufts of a term, at a period prior to that at which they can fafely be raised, under the limitation of a settlement.

To fupply defects, or correct, or explain powers left out by the ftrictnefs, or omiffions of family fettlements.

First, By enabling tenants for life and remainder-men to make jointures; this being vifibly for the benefit of all parties interefted, because otherwise they cannot marry fuitable to their degree and ftation. But all parties must be defirous of and allow it.

Secondly, By authorifing tenant for life to make leafes where a fettlement is defective in that respect; or to make leases of a longer duration than a fettlement warrants, when there is a vifible profpect of improving the effate thereby, as by mining, inclofing, cultivating, or building; in which cafes the legiflature have impowered tenants for life to leafe for 90 years, when the power has not extended beyond 21.

Thirdly, By enabling tenants for life to raife money by mortgage, inflead of executing a power to fell.

Private acts alfo are paffed to correct or explain leafing powers; which may be effected by confining leafing powers to hereditaments of a particular defcription.

So they may be paffed in order to create powers where their existence will be evidently beneficial, and the want of them clearly prejudicial, to all parties interested in an ellate.

As to enable the fall of timber ftanding on the eftate of an infant; it being at full growth and likely to decay and decreafe in value. But the produce thereof muft be applied to fome beneficial purpose, as to defray incumbrances thereon, &c.-Or, to enable the temporary application of monies, otherwife appropriated, to the renewal of a leafe, where the fine is from time to time increafing, and the benefit derived therefrom, and all improvements thereof will be otherwife loft. But the ef tate renewed muft be ultimately charged with the fums paid.

To alter marriage articles, in carrying them into execution, by introducing provifions, variations, and reftrictions, which cannot be preju dicial to, and may be for the advantage of the children and iffue of the marriage or by enabling truflees to leave the whole or part of the fortune of femes covert, employed in trade and directed by fettlement to be called in and invested in the funds, in trade for a reafonable time, it being made evident that it will be most advantageous for all parties that this scheme should be followed.

? Black.

Com. 345.

To rectify deeds, writings, recoveries, and affurances had, made, done, and executed upon full adequate and valuable confideration, and make the fame effectual between the parties where the fame have been inartificially conducted; where the recoveree is at the time competent to bind the eftate, and the whole or part of it has been afterwards settled on marriage, or the like.

To relieve against hard and oppreffive terms, into which the owner of an eftate has been improvidently drawn; as by enabling a tenant in tail (who being very young, has fettled his eftates in a manner greatly to his disadvantage, and upon a confideration by no means adequate to the depriving himfelf of the power and privilege of managing his own patrimony, of which he has been a purchafer, providing for his family, and raifing money for future exigencies) to charge a fum of money thereupon, to pay, fatisfy, and difcharge his debts, annuities, and incumbrances, fuch younger children as are of age, and the guardians of those who are not of age, confenting; or by freeing, difcharging, acquitting, exempting, and exonerating hereditaments from and against all ufes, eftates, truits, powers, provifoes, ufes, and limitations, in a fettlement; the ufes and trufts of which, except the limitation in favour of the iffue of tenant for life by a fubfequent marriage, are ceased, and determined.

To enable bodies corporate, as colleges or the like, to alien and difpofe, apply and appropriate their refpective lands and poffeffions to particular purposes, beneficial to the general object of their inftitution.

To carry into execution the establishment of charitable institutions, originally fet on foot by patent, by establishing the fame as legal active corporations for that purpofe.

io enable ecclefiaftical corporations to exchange their eftates with lay perfons.

To remove difficulties in the management of eftates, occafioned by the incapacity of their owners. As to empower the committees of lu natics to make leafes of their eftates during their lunacy.

To enfranchife cuftomary lands and hereditaments directed to be fettled; it being evidently for the intereft of all perfons interested so

to do.

To reftore attainted perfons to their eftates, or the produce thereof.

To feparate hufband and wife, where the former has been guilty of acts of cruelty, and kept the latter under terror and to fecure the latter a feparate maintenance.

In thefe, or other cafes of the like kind, the tranfcendent power of Parliament is called in to afift the parties, and, by a particular law enacted for the very purpose, to unfetter eftates, to give to tenants reafonable powers, to affure eftates to purchafors against remote or latent claims of infants or difabled perfons, by fettling a proper equivalent in proportion to the intereft fo barred; and to remove, as far as is content with the municipal regulations of a well governed and civilized people, all obftacles that ftand in the way of a full and plenary enjoyiment of property according to the intent of the original owners thereof.

This practice was carried to a great length in the year fucceeding the Refloration; by fetting afide many conveyances alledged to have been made by constraint, or in order to fereen the eftates from being forfeited during the Ufurpation. But acts of this kind are at prefent

carried