Truffees not anfwerable for each other.

Charges.

This act not to leffen K. duchefs dowager of R. and the prefent duchefs.

Saving, &c.

the county or counties, place and places where the fame laft mentioned
premiffes refpectively lie, which faid rent or rents to be referved upon
fuch leafe or leases, and the fine and fines to be taken for the fame,
fhall be payable and paid to the faid 7. now duke of R. his executors,
&c. Provided alfo, that the feveral truftecs in this act named for the
feveral purposes therein respectively mentioned, or any of them, or the
heirs, executors or adminiftrators of them or any of them, shall not be
charged or chargeable with, or accountable for the acts or miscarriages
of the other, &c. Provided alfo, that the faid trustees, and every of
them, their and every of their heirs, fhall be paid and fatisfied out of
the rents, iffues and profits of the eftates hereby vested, and to be vested
in them refpectively, or out of the money to be advanced and paid upon
fuch fale or fales as aforefaid, all fuch, cofts, charges, damages and ex-
pences, which they, or any or either of them, fhall fuftain or be put
unto, for or by reason of the trults aforefaid, or of the management or
execution of the fame. Provided also further, that nothing in this
act contained fhall prejudice, leffen or defeat the jointure-eflates of the
faid K. duchefs dowager of R. and L. now duchefs of R. or the trufts
declared of the faid term of 400 years, for raising annuities, portions
and maintenances for the younger fons and daughters of the faid 7. now
duke of R. by the faid K. late duchefs of R. deceased; Saving to the
king's most excellent majefty, his heirs and fucceffors, and to the faid
duchefs dowager of R. and L. now duchefs of R. wife of the prefent
duke, (for and in refpect of the jointure-eftates herein before mentioned
to be limited to them for their respective lives only, and not otherwise)
and to the faid IV. M. efq; commonly called lord W. IV. T. Mefq;
commonly called lord T. M. the lady K. M. the lady R. M. the lady
F. M. and the lady E. M. (for and in refpect of the annuities, porti-
ons and maintenances provided for them refpectively, by the trust of the
faid term of 400 years only, and not otherwise) and to all and every
other perfon, &c. (other than the faid F. now duke of R. J. M. efq;
commonly called J. marquis of G. the faid R. lord L. and B. S. and the
refpective heirs of their refpective bodies, and the heirs of the said B. S.
and all and every perfon and perfons which they the faid 7. now duke of
R. and F. marquis of G. and the faid R. lord L. and B. S. or any of
them relpectively, might bar by common recovery, or recoveries, or any
other act or acts in law, in cafe the faid 7. marquis of G. and B. S. were
both of the age of 21 years) all fuch right, &c. in, to, and out of, all
or any of the honours, manors, caftles, hundreds, lands, tene-
ments, advowfons, hereditaments and premiffes, whereof any ufe
or ellate is hereby limited or created, as they, every or any of
them, had or fhould, or might have enjoyed, if this act had never been
made.

An A to fettle the fate of Sir H. A. Bart. according to the Intention of
Articles made before his Marriage with Dame P. his Wife, Daughter of
Sir J. S. Bart.

W ment, dated October, site Sir II. A. the fan i befame tenant in
HEREAS, &c. (Recital that per Sir H. A. the father's fettle-

Recital that

daughter of
Sir J. T.

That Sir H.
A. the fon.

by reason of
infancy, is

incapable of

tail of manors of T. and other lands in B. and of manors of C. in S. fubject as to S. premiffes to 5901. per annum, rent-charge to dame R. M. A. the mother for her life, and fubject to a term for three hundred years, for railing 6oool, to R. M. A. the infant fifter, out of the B. eftate, payable to her at 1 or marriage.) And whereas by articles of agreement, made, &c. the 18th day of October, &c. between the faid dame M. R. A. widow, 28 October per articles, relict, fole executrix and fole furviving trustee of the lalt will and tea- laft, made on meat of her late husband, the faid Sir H. A. deceased, and the faid Sir marriage of H. A. the fon, of the one part, and Sir 7. S. of, &c. bart. and dame Sir H. 4. the P. A. now wife of the faid Sir H. A. the fon and daughter of the faid fon with P. Sir 7. S. of the other part; reciting the marriage then intended, and which has been fince had and folemnized between the faid Sir H. 4. the fon and the faid dame P. his wife, and that the faid Sir H. A. the fon, by reafon of his infancy, was incapable to make a jointure, provifion or fettlement, upon or for the faid dame P. or the iffue of the faid then intended marriage; and likewife reciting as or to the effect herein making a fetbefore recited: And further reciting, That J.A. gent. one of the uncles of tlement. the faid Sir H. A. the fon, and to whom, by virtue of the faid indenture quinquepartite of releafe, a remainder was limited of the premiffes in the faid county of S. in default of iffue male of the body of the faid Sir H. A the father deceafed, was fince dead, without iffue of his body; in confideration of the faid then intended marriage, it was thereby concludIt was agreed ed and fully agreed, by and between the faid parties thereunto, that all per articles, and fingular the faid manors, &c. therein and herein before mentioned, that all the and of which the faid Sir H. A. the fon was and is tenant in tail as manors and aforesaid, and every part and parcel thereof, with their and every of land fhould their rights, members and appartenances, fhould, with all convenient be vetted in fpeed, be fettled and affured upon trustees and their heirs, for that pur- the ufes in the pole to be named by the faid dame R. M. A. and Sir J. S. their re- articles. fpective executors and adminiftrators, to fuch ufes, upon fuch trufts, and to and for fuch intents and purposes, and fubject to fuch eftates and powers, and with and under fuch provifoes, limitations and agreements as are therein after mentioned and expreffed; and to fuch effe& for the benefit of the parties to the faid marriage-articles, and of the idue of the faid marriage, as are herein after enacted, according to the true intent and meaning of the faid partics to the faid articies, and for rendering the faid articles more effectual: And whereas in and by the faid articles, the faid dame R. M. A. and Sir J. S. did covenant with And R. M. A. each other, that they would ufe their utmost endeavours for the procur- covenanted ng an act of parliament the then next fefiions of parliament, for the to procure an kling and affuring of all the faid manors, hereditaments and premifles, act for let

trustees to

and Sir 7. S.

and upon the feveral ufes, trufts, intents and purpofes, and fubject tling premif

to the feveral provifoes, powers and agreements therein agreed, menti

ed and expreffed of and concerning the fame premiffes refpectively, as ty the faid articles of agreement (relation being thereunto had) may apVOL. I.

L

pear;

fes.

Enacted, that
premiffes in
B. and S. be
vested in truf-
tees, and the
manor of C.
to continue
charged with
R. M. A.'s
jɔinture.

7. to continue fubject to the trulis declared by indenture

pear; Wherefore your majelly's most dutiful fubjects, the faid dame R. M. A. Sir H. A. the fon, and Sir F. S. most humbly befeech your most excellent maielly, that it may be enacted, And be it enacted by, &c. that all and every the faid manors, &c. herein before mentioned, with their and every of their rights, members and appurtenances, from and after the day of, &c. fhall be vested and fettled, and are hereby vested and fettled in and upon Sir G. B. of, &c. bart. R. P. of, &c. efq; and their heirs the faid manor of C. and other the premiffes within the faid county of S. being nevertheless to be fubject, and to continue charged with the payment of the faid yearly rent-charge of 500l. to the said dame R. M. A. and her affigns, in fuch manner as the said yearly rent-charge was limited by the faid indenture of release to her, for her life, for her jointure, out of the fame premiffes in the faid county of S. And the The manor of faid manor of T. and fuch other the premiffes in the faid county of B. as are comprized in the faid term of 300 years, yet neverthelefs to be and continue fubject to the fame term and the trufts thereof declared, by the faid in part recited indenture of release, for or concerning the raifing of the said sum of 6000l. for the portion of the faid R. M. A. with fuch intereft or maintenance as is thereby provided; and that the faid Sir G. B. and R. P. and their heirs, (fubject as aforefaid) fhall stand and be feifed of all and fingular the faid feveral manors, &c. in the faid feveral counties of B.N.and S. to the feveral ufes, upon fuch trufts, and to and for fuch intents and purposes, and fubject to fuch eftates and powers, and with and under fuch provifoes, declarations and limitations, as are herein after mentioned, expreffed and declared of and concerning the fame, (that is to fay) As for and concerning the faid manor or lordship of T. tioned, viz. as with its rights, members and appurtenances, the faid capital meffuage, &c. of T. aforefaid, the faid rectory or parfonage of N. P. and the of 7 and other tithes thereunto belonging, and all and fingular the faid meffuages, &c. premitles in B. and N. (fubject to railing faid po tion and maintenance for faid R.

of release for raifing taid

6000/. for faid

R. M. A. the daughter.

B. and P. and

their heirs to
ftand feifed
(fubje&t, &c.)
to the ufes af-
ter men-

to the manor

M. A) to the ufe of R. and C. for 99 years for rufing icol per anwm for dame

P. 4. for her feparate ufe. Pin money.

in the faid counties of B. and N. and each of them, (fubject in the
first place to the raifing and payment of the faid portion of 6000l. and
intereft, or maintenance to and for the faid R. M. A. as aforefaid, as to
fuch part of the faid premiffes as are fubject and liable thereto) T the ufe
and behoof of T. R. the younger, of, &c. efq; and N. C. of, &c. efq;
their executors, &c. for the term of 99 years, to commence from and
after the faid -day
day of March, in the faid year, &c. upon the truls,
and to and for the ends, intents and purposes, and with and under the
provifoes herein after mentioned, of and concerning the fame; (that is
to fay) upon truft, that they the faid T. R. and N. C. and the furviver,
&c. fhall and do, by and out of the rents, iffues and profits of the faid
manor, &c. fo to them limited for the faid term of 99 years, during the
joint lives of the faid Sir II. A. the fen, and dame P. his wife, levy,
pay and difpofe of the yearly fum of 100%. of, &c. free, &c. to the fe-
patate hands of the faid dame P. to and for her fole and feparate ufe,
or to fuch perfon or perfons, and for fuch ufes, intents and purposes, as
the faid dame P. alone, and without the faid Sir H. A. her husband,
notwithdanding her minority or coverture, by any writing or writings
under her hand, fhall from time to time direct or appoint, by quar-
terly payments, at the four molt ufual feals, &c. the first payment
thereof to begin and be made at or on fuch of the said feast-day's as fhall
firit happen next after the paffing this act; which faid yearly fum of
fool. is hereby intended to be applied and difpofed of to and for the fole

and

and feparate ufe of the faid dame P. and for fuch purposes as the fhall from time to time think fit; and not to be subject to the controul, debts, engagements or intermeddling of the faid Sir H.A. her husband; and the receipt or receipts of her, the faid dame P. alone under her hand, or of fuch perfon or perfons as fhe fhall appoint to receive the fame as aforefaid, fhall, notwithstanding her minority or coverture, be from time to time a fufficient difcharge unto the said T. R. and N. C. their executors, adminiflrators and affigns, for fo much thereof as fhall therein be acknowledged or expreffed to be paid; and alfo upon truft to permit and fuffer the faid Sir H. A. the fon, and his affigns, to receive all the rents, &c. of the premilles fo limited to them the fame trustees, for the faid term of 99 years which fhall not be applied by them to the payment of the faid yearly fum of 100l. payable as aforefaid, and of the cofts and charges of the fame truftces, their executors, &c. upon account thereof, as the fame fhall accrue and arise from time to time, during the joint-lives of the faid Sir H. A. and dame P. his wife, according to the limitations herein mentioned and expreffed. Provided always, and it is hereby declared and enacted, that if the faid Sir H. A. the fon fhall from time to time, during the joint lives of him and the faid dame P. his wife, well and truly pay or caufe to be paid unto the proper hands of the said dame P. or to any other perfon or perfons by her appointment, in writing under her hands, for her feparate ufe or difpofal, the yearly fum of 100l. in fuch manner, and at fuch times, as the fame is hereby limited and appointed to be paid; it fhall and may be lawful to and for the faid Sir H. A. the fon, and his affigns, in such case, and not otherwife, to receive and take to his and their own ufe, the rents, iflues and profits of the fame premiffes during the joint lives of the fame Sir H. A. and dame P. his wife. Provided alfo, and it is hereby declared and enaded, that after the decease of either of them the faid Sir H. A. and dame P. his wife, when all the trufts of the faid term of 99 years fhall be fully executed and performed, and all the arrears of the faid yearly fum of 100l fhall be fatisfied and paid, and the colts and charges of the trustees relating thereto fhall be raised and difcharged, then and from thenceforth the faid term of 99 years fhall cease, determine and be abfolutely void: And as for and concerning the faid manor and rectory Premiffes in of T. and all and fingular other the premifles in the faid counties of B. B. and N. afand N. herein before limited, in ufe to the faid T. R. and N. C. their ter the 99 years

Sir H. A. the

executors, &c. for 99 years, from and after the end, expiration or fubject, &c. other fooner determination of the fame term, and fubject in the mean The manor of time thereunto, And fuljed to the faid term of 300 years, as aforefaid: C. and preAnd alfo as for and concerning all the faid manor, &c. of C. and all and miffes in S. fingular the other hereditaments and premiffes in the faid county of S. fubject, &c. (fubject to the railing and payment of the faid yearly rent or fum of'o the ufe of 500l. per annum, to the faid dame R. M. A. for and during her natural fon, for his life as aforefaid) To the ufe and behoof of the faid Sir H. A the fon, for life; remainand during his natural life, without impeachment of or for any manner der to B. and of waste; and from and after the determination of that eftate, To the during his life, to fupfe and behoof of the faid Sir G. B. and R. P. and their hs, during the life of the faid Sir H. A. the fon, in trust to preserve the contingent gent remainremainders thereof, herein after limited, from being defeated or deftroy- ders. ed: and for that purpofe to make entries and bring actions as occafion

port contin

After Sir H.'s

death, as to

the melfuage, called, &c. of T. and feveral

lands in N. P. C. L. and G. in county

per ann. fub ject, &c to the ufe of

dame P. A. for her life, for her join

ture,

After deaths
of Sir H. and

dame P. as
to her join-
ture, and the
manor of T.

in B and N.
(except lands

in N. P. and 7.)

fhall be or require; get nevertheless to permit and fuffer the faid Sir H. A. to receive and take the rents, iffues and profits thereof, during his life, to his own ufe and benefit; and from and inmediately after the death of the faid Sir H. A. Then as for and concerning all that capital meffuage, &c. of T. &c. in the county of B. aforefaid, And alfo all that, c. all which faid feveral lands, tenements, tithes and premiffes lat mentioned, are fituate, lying, arifing and being, in N. P. C. L. and G. fome or one of them in the faid county of B. and amount together to the yearly rent of 600% together with all buildings, &c. (Subject to all of B of 6004 neceffary repairs and parliamentary taxes) To the ufe of the faid dame P. A. and her affigns, for and during her life, for her jointure, and in full fatisfaction, lieu and bar of all dower or thirds which the fhall or may have or claim, of, in, unto or out of any manor, &c. whereof the faid Sir H. A. her husband is, or at any time hereafter fhall be feifed of any eftate of inheritance at any time during the coverture between him and the faid dame P. his wife (the yearly value of which faid dower or thirds would confiderably exceed the yearly value of the faid premiffes hereby limited in ufe to the said dame P. for her jointure as aforefaid); and from and immediately after the deaths of the faid Sir H. A. and dame P. his wife, and the decease of the survivor of them, as to the faid capitalmeffuage, &c. fo limited unto the faid dame P. for her life for her jointure as aforefaid; And also as for and concerning the faid manor, &c. of T. and all and fingular the premiffes fituate, &c. in the faid counties of B. and N. which are not hereby limited in jointure to and for the said dame P. as aforefaid, (Except all thofe lands, &c. in N. P. and T. aforefaid or elsewhere, in the faid county of B. next herein after particularly mentioned, (that is to fay), &c. and all other appurtenances to the fame excepted lands, tenements and hereditaments belonging or in any wife ap From death of pertaining,) from and after the deceafe of the faid Sir H. A. the fon, Sir H. to the Subject to the railing and payment of the faid portion of 6000l. and interufe of E. and efl, or maintenance to and for the faid R. MA. as aforefaid, to the ufe of T. E. the younger, of, &c. efq; and P. R. of, &c. gent. their executors, &c. for and during the term of 500 years, without impeachment of walte, upon the trufts, and to and for the intents and purposes, and fubject to the provifoes herein after mentioned and expreffed, of and concerning the fame term: And from and after the expiration or other fconer determination of the faid term of 500 years, as to all the said manors, &c. comprized in the faid term of 500 years, and subject thereunto, And fubject to the faid portion of 6000l. and intereft, or maintenance to and for the faid R. M. A. as aforefaid, And also as for and concerning the faid manor, &c. of C. with the rights, &c. in the faid county of S. from and immediately after the deccafe of the faid Sir H. A. the fon, Suljed to the railing and payment of the faid yearly rent or fum of 500l. per annum to the faid dame R. M. A. for her life, as aforesaid, To the use of the first son of the faid Sir H. A. the fon, on the body of the faid dame P. his wife begotten or to be begotten, and of the heirs male of the body of fuch firit fon lawfully iffuing; and in default of fuch iflue, To the ufe of the fecond son of the said Sir H. A. the fon, on the body of the faid dame P. his wife begotten or to be begotten, and of the heirs male of the body of fuch fecond fon lawfully illuing; and in default of fuch iffue, To the ufe of the third fon of the faid Sir H. A. the fon, on the body of the faid dame P. his wife to be begotten, and of

R. for 500 years; after

faid 50 year,

to, &c.

Manor of C and prom ffes in Sfom the H. A. Subject

death of Sir

&c.

the