Covenant to procure an act of parliament

for the fame.

fpective furnames, and take upon themfelves the furname of T. and fhould fo ftile and fubfcribe her, his and their name and names in all writings and evidences; and in cafe any of them fhould make a voluntary default in fo doing, that then and in fuch cafe, and fo often, the ufe and eflate hereby limited to fuch daughter, and the heirs male of her body, and likewise the estate of the hufband of such daughter fo making default as aforefaid, fhould, as to fuch perfon only fo making fuch default as aforefaid, cease and determine, in the fame manner as if fuch perfon fo voluntarily making fuch default had been naturally dead; and that then and in fuch cafe, and so often, the faid manors, hereditaments and premiffes fhould go over and remain unto the next perfon then in being, who would or fhould have been intitled to the fame premiffes in cafe fuch perfon who fhould make fuch default as afore faid had been naturally dead, so as such person who fhould fo take upon fuch default as aforefaid, fhould comply with the faid condition as to the changing of her or their furname, and taking upon her or them, and ufing the furname of T. it being the true intent and meaning of the faid indenture of fettlement, and of all the parties thereunto, that all the iffue male of the faid intended marriage, and the heirs male of the refpective bodies of fuch iffue male who fhould at any time hereafter be in the actual poffeffion and feifin of the faid manors, hereditaments and premiffes thereby granted and released, or mentioned or intended fo to be, being of the age of 21 years or upwards, fhould for ever hereafter be called and bear the furname of C. T. and that all the daughters of the faid intended marriage, and their husbands, and the heirs male of the refpective bodies of fuch daughters who fhould at any time hereafter become actually feifed or poffefied of the faid manors, hereditaments and premiiles thereby granted and releafed, or menti oned or intended fo to be, being of the age of 21 years or upwards, fhould for ever hereafter be called and bear the furname of T. And in regard fome difputes might hereafter arife touching the validity of the faid limitations over of the faid manors, hereditaments and premiffes, in cafe of failure of the taking of the faid furname of T. for the prevention whereof, and for the rendering more effectual the agree ment and intention of all the said parties, the faid W. lord C. in con. fideration of the faid intended marriage and marriage-portion and fettlement, made by the faid F. T. as aforefaid, did for himself, his heirs, executors and adminiftrators, covenant, promife and agree, to and with the faid F. 7. his heirs, executors and adminiftrators, that he the said W. lord C. fhould and would (after the folemnization of the said intended marriage) at his own proper cofts and charges, procure an act of parliament for the establishing and confirming of the turname of C. T. to all fuch iffue male of the faid intended marriage who fhould be in the actual poffeffion and feifin of the faid manors, bereditaments and premiffes by the faid indenture of fettlement granted and released, or mentioned or intended fo to be, and being of the age of 21 years or upwards, and of the furname of T. to all and every the daughters of the faid intended marriage and their respective husbands, and heirs male of the refpective bodies of fuch daughters who fhould, by virtue of the faid indenture of fettlement, be in the actual poffeffion and feifin of the faid

manors,

manors, hereditaments and premiffes thereby granted and released, or mentioned or intended fo to be, being of the age of 21 years, according to the true intent and meaning of the faid provifo, or condition and agreement, and subject to fuch forfeitures in cafe of a default in taking the furname of T. as aforefaid. And to the end the faid provifion fo intended and agreed as aforefaid may be made effectual, may it please your majefty (at the humble fuit of your dutiful and loyal fubject W. lord C) that it may be enacted, And be it enacted by, &c. that Confirmation the faid provifo, agreement and covenant be, and the fame is hereby of the provifo,

and

confirmed, (purfuant and according to the faid provifo, agreement agreement and

Covenant.

covenant) that the first and other fons of the faid W. lord C. on the body of the faid A. his wife, begotten or to be begotten, and the heirs male of every of them refpectively and fucceffively, fhall take upon him and them and be called and known by the furname of C. T. and in failure of such iffue male, that the firit daughter, and all and every the daughters and their husbands, and the heirs male of the body and bodies of fuch daughter and daughters who fhall (by virtue of fuch fettlement as aforefaid) be in poffeffion of the faid manors, here. ditaments and premiffes, being of the age of 21 years refpectively, fhall take upon them refpectively and fucceffively the furname of T. and be called and known by the furname of T. according to the true intent and meaning of the faid provifion and agreement; fubject nevertheless to such forfeiture, in cafe of a wilful default in taking the furname of T. as is before mentioned. Provided always, and it is This a not bereby further enacted and declared by the authority aforefaid, that the to hinder de. faid alteration to the furname of T. or addition of the furname of T cents in the to the furname of C. fhall not in any fort deftroy, prevent or prejudice the defcent of any lands, tenements or hereditaments, which the faid first and other fon and fons, or any other perfon or perfons as shall take upon him or themselves the furname of T. by virtue of the faid indenture or fettlement, are or may be intitled unto by the name of C. or deftroy or prevent, or prejudice any right or title to him, them, or any of them, accrued or to accrue, either real or perfonal, by any purchase, limitation, devise, gift or bequeft, by the name of C. in any wife howfoever, but that he, they, and every of them, fhall and may have and take all fuch benefit and advantage by fuch defcent, purchafe, limitation, devife, gift or bequeft, as they or any of thei might have done if this act had not been made; any thing in this act contained to the contrary thereof in any wife notwithflanding.

An Aa to enable S. P. to change his Name of P. to S. according to the Will of J. S. Efq; deceafed.

W

former name.

HEREAS 7. S. late of the island of M. in parts beyond the J. S's will, feas, efq; deceased, did make and publifh his laft will and teftament, bearing date, &c (proved in the high court of Chancery) and did thereby give, devife and bequeath, all that his plantation or plantations, meffuages, tenements, dwelling-houfes, outhoufes, mills, ftills, coppers, negroes, and all other the appurtenances whatsoever thereunto belonging in the faid ifland of M. and alfo all his cflate, &c. both in law and equity, in poffeffion, reverfion

or

Provifo to change a

name.

or remainder, of, in or to all that the manor of B. and S. in the county of S. with all the rights, &c. then held and poffeffed of M. S widow and relict of T. S. then late of B. in the county of S. efq; deceafed, and all other his meffuages, &c. unto his nephew and godfon S. P. fon of S. P. of A. gent. by E. his fifter, and to the heirs male of the body of the faid S. P. lawfully begotten or to be begotten; and for default of fuch iffue, to the fecond fon of the faid S. P. by the faid E. his fifter, and to the heirs male of the body of fuch fecond fon lawfully begotten or to be begotten; and for default of fuch iffue, to the third fon of the faid S. P. by the faid E. his filler lawfully begotten or to be begotten, and to the heirs male of the body of fuch third fon, and fo to the fourth, &c. fons of the faid S. P. by the faid E. bis fifter lawfully begotten or to be begotten, and to the heirs male of the body of fuch fon or fons; the eldeft of, &c. to be preferred, &c. fubject nevertheless to the refervations, provifoes aud conditions therein after mentioned, limited and declared; and for want of fuch iffue, then to remain to the right heirs of him the faid 7. S. for ever. Provided always, and his will and meaning nevertheless was, and the faid gift, devife and bequeft, therein before made of his faid manors, &c. unto his faid nephew S. P. and the heirs male of his body, with the faid other remainders over, in manner as therein before is mentioned, was upon condition, and with and under the reflrictions and refervations therein after mentioned, (that is to fay) that his faid nephew S. P. or in cafe of his death the next heir male, who by virtue of his faid will ought to inherit the faid manors, &c. with the appurtenances, do and fhall, within the space of three years next after notice fhall be given to him of the deceafe of the faid 7. S. the faid devifor, and of his faid will, by fuch ways and means, and in fuch fufficient manner, as should be devised by virtue of the authority of the then next or fome enfuing parliament that should be holden for the kingdom of Great Britain within that time, change and alter his prefent furname of P. unto the name of S. and fo and in fuch manner that he, his faid nephew, and the heirs male of his body, and all other perfon and perfons who by virtue of his faid wil fhould and ought to enjoy the faid manors, &c. with the appurtenances, fhould at all times for ever then after be called by, and hold and ufe the furname of S. only. Provided likewife, that if it fhould happen that his faid nephew, or the next heir male, who by virtue of his faid will ought to inherit the faid manors, &c. fhould neglect or refufe by the time aforefaid, by fuch fufficient ways and means fo to alter and change his and their furnames from P. to S. only; that then he willed, that all and every his faid manors, &c. fhould defcend, remain and come to his right heir for ever, to whom in fuch cafe the fame is thereby given, as by the faid will may appear: After the making of which faid will, viz. about the, &c. he the faid 7. S. the teftator died at P. in the island of M. Wherefore to the intent to perform and comply with the terms and condition of the faid will, and that the faid laft will of the faid F. S. may be of effect in all things in relation to the changing of the furname of P. to the

furname

tered to S.

furname of S. by all perfons claiming by or under the fame, according to the true intent and meaning of the devifor; may it therefore please your moft excellent majefty, at the humble petition of your fupplicant N. C. of L. merchant, on behalf of the faid S. P. an infant under the age of 21 years, that it may be enacted, And be it Enacted, that maded by, &c. That the furname of the faid S. P. fhall be and is the furname of P. fhall be alhereby changed and altered into the name of S. and that he and the heirs male of his body, and all other perfon and perfons who by virtue of the faid laft will of the faid 7. S. fhall and ought to enjoy the faid manors, plantations, meffuages, tenements, lands, hereditaments and premiffes, with the appurtenances, fhall at all times hereafter for ever be called by and hold and ufe the furname of S. only, and that the faid S. P. be from henceforth called by the name of S. S. And that this prefent act fhall be and is hereby declared to be a compliance with and performance of the terms and conditions of the faid will, in relation to the changing of the faid furname; Saving, &c. (other than and except fuch perfons that shall claim or pretend to claim, for or under any pretended breach of the said condition, or any neglect or omiffion in the performance thereof) all fuch right, &c.

WE whofe names are here under-written have feen and perufed this

copy of a bill, and do give our confent to the profecution of the

bill whereof this is a copy.

N. L. E.
N. N. 0.
R. B.

Affidavits.

(1.)

Affidavits.

That the Grantor is lawfully feifed, that no Leafe, &c. is granted out of the Premiffes, except, &c. (and that no A is done to incumber.)

CB. of, &c. gent. maketh oath, That for and notwithstanding any

thing he knows, believes, hath heard or done to the contrary, he was, at the time of the enfealing and delivery of the inden ture herein after mentioned, lawfully and rightfully feifed, to him and his heirs, of a good and abfolute eftate of inheritance in feefimple, of and in the meffuages, lands, tenements and hereditaments mentioned and expreffed to be granted and releafed by the faid C. B. and A. B. (his mother) to G. B. herein after mentioned, and his heirs, in and by one indenture bearing date, &c. and made or mentioned to be made between the faid C. B. and A. B widow and relict of A. B. late of, &c. gent. deceased, and mother of the faid C. B. of the one part, and G. B. of, &c. of the other part, and that he the faid C B. hath not, nor doth know, believe or hath heard that any other perfon or perfons have or hath granted any leafe, rent, intereft or eftate, of, in, to or out of the faid meffuages and tenements, hereditaments and premiffes, or any part thereof, (except as in the fame indenture is excepted,) and that he hath not, nor any other perfon or perfons to his know'elge or belief have or hath entered into, acknow ledged or confeffed any ftatute, recognizance or judgment, or given any warrant or authority to acknowledge or confefs any ftatute, recog nizance or judgment, or done or fuffered any thing whereby the faid meffuages, lands, tenements and hereditaments, or any of them, are or may be any ways affected or incumbered, or whereby the faid C. B. is debtor or accountable to, or liable to the fuit or any procefs of or for the king, his heirs or fucceffors, or done or fuffered any act, matter or thing whatsoever, whereby the faid meffuages, lands, tenements, here. ditaments and premifles, or any part thereof, is, are, shall or may be impeached, charged or incumbered in any wife howsoever, (except as aforefaid.)

[And if there are any Exceptions, fay in this Manner :]

Incumbered in any wife howfoever: Other than and except fuch eftates and terms of years and eftates in fee, as in the before recited indenture are mentioned and expreffed; And other than and except fuch judgments as are mentioned and expreffed in and by one

other