FINES AND RECOVERIES. FINES AND By an Infant. No. XXXIV. Introduction to the Uses of Fines and Recoveries on the Marriage of an Infant who is enabled, by Act of Parliament, to acknowledge Fines and suffer Recoveries during his Minority. THIS INDENTURE, QUINQUEPARTITE, made, &c. Parties. BETWEEN (the father of intended husband) (the intended husband) only son and heir apparent of the said (father), (two maiden ladies) only daughters of the said (father) by, &c. his first wife, deceased, of the first part; (four gentlemen) executors of the last will and testament of, &c. a surviving trustee of a term of 1000 years mentioned in the indenture quadrupartite hereinafter recited, of the second part; (the father of intended wife) and the said (wife) of the third part; (cognizees of the fine as well as trustees to support contingent remainders) of the fourth part, and (trustees of terms for securing daughter's portions) of the fifth part. WHEREAS by an act of Recites an act parliament made and passed this present session of parliament, entituled An Act to enable (the intended husband) only son of, &c. to acknowledge knowledge fines and suffer recoveries while he is under the age of twenty-one years;' AFTER RECITING that while he is by indenture of quadrupartite of release bearing whereby after date the reciting his day of and made or in- father's martended to be made between, &c. the manor, mes- ment whereby suages, lands, tenements, and hereditaments in limited to fathe several counties of و and of parliament entituled An Act to enable band to ac fines and suffer under age,' and riage settle estates are ther for life, RECOVE RIES. PINES AND hereinafter particularly mentioned, and all other the estate of the said (father) in possession or reversion in the said several counties of By an Infant. his first and every son by and , or either of them, were conveyed to the use of the said (father) for life, without that marriage impeachment of waste, with remainder to his with remainder first and every other son by that marriage in tail male, with remainder to the use of the right heirs in tail male, to his right heirs. And after recit- of the said (father) for ever. ing certain ar- cles indented made the ticles on a se cond marriage the whereby the father coveuants, that on male as afore. should go to the the second wife by him self, and for want of such issue to his own right heirs. year of our Lord AND that by arti day of between the said (father) of the first part, (his then intended and failure of issue afterwards second wife) by the name of, &c. of the said, the afore- second part, and (certain trustees) of the third part, said premises in consideration of a marriage then intended and heirs male of afterwards had, and solemnized between the said (father) and (his then intended wife), the said (father) did covenant and agree with the said (trus tees) their heirs, executors, and administrators, that upon the failure of issue male of his body (on the body of the said, &c. his first wife) that then and in such case all and singular the manors, messuages, lands, tenements, and hereditaments of the said (father) in the said indentures quadrupartite mentioned, expressed, and declared should be and enure, and were thereby declared to be and enure, to the use of the heirs male of the body of the said (the intended wife) by the said (father) to be begotten; and for want of such heirs, to theuse of the And to convey right heirs of the said (father) for ever. AND ALSO, to convey and assure all his fee-farm rents in and elsewhere in the county of certain fee farm rents to him self for life, remainder to body by him the heirs of her which he purchased of, &c. To the use of him self, remainder self for life; and from and after his decease, To to her for life, remainder to the use of the heirs of the body of the said (the his own right heirs. RECOVE intended wife) by the said (father) to be begotten; HINES AND and for want of such heirs, then to the said (the intended wife) for her life, and from and after her decease, then to the right heirs of the said (father) for ever. AND THAT the said (second wife) By an Infant. And after resecond wife was citing that the dead, leaving no other issue husband. father wished make no settle ment. It is enacted join with father nes, and suffering recove that son might in levying ries of the pre was since dead, leaving no issue but the said (present intended husband), and the issue male of the said (first wife) were all dead without issue than intended male; and that the said (husband) being the only issue male of the said, &c. who was therefore And that the desirous to marry him, and was in a treaty for to marry the that purpose, but could not make settlements of son, but could any of the said estates before mentioned, by reason of his being under age. IT IS ENACTED, that it should and might be lawful, to and for the said (intended husband) to join with the said (father) in the levying fines and suffering recoveries of all and singular the said manors, messuages, lands, mises, tenements, and hereditaments hereinbefore mentioned by such apt names, quantities and qualities as for that purpose should be thought requisite according to the usual course and method of levying fines and of suffering of recoveries used and approved in his Majesty's Court of Common Pleas at Westminster; AND ALSO to execute any and declare the deed or deeds to declare the uses of such fines and and that such recoveries as shall for that purpose be thought should be as requisite and convenient; AND that all and every the son were of such fines and common recoveries so levied, had full age. suffered and executed, and all such deed or deeds executed by them the said (father) and the said (intended husband) and the uses thereby declared, should be and remain good and effectual in law, to all intents and purposes, and subject to such powers, provisoes, trusts, limitations and agree uses thereof, fines, &c. effectual as if FINES AND ments, as should be thereof limited, declared, and RECOVE RIES. By an Infant. And should be enjoyed ac cordingly by all persons claiming, &c, tain other re citals. agreed by and between the parties to such deed or deeds as if the said (intended husband) were of full age, any law or statute to the contrary thereof in anywise notwithstanding; AND that all persons claiming or to claim any estate, use, trust, or limitation, by virtue of any declaration of use or uses, trust, power, proviso, or limitation therein contained, should hold and enjoy the same against the said (father) and all claiming or to claim, by, from, or under him, and against the said (intended husband) and the heirs male and the heirs of his body, and against the right heirs of the said (father) or any claiming or to claim, by, from, or under them or any of them. And after cer- AND AFTER FURTHER RECITING in the said act, that the said (father) being tenant for life, with remainder in tail to the said (intended husband) of divers manors, lands and hereditaments in the county of and town and county of which, by reason of the minority of the said (intended husband) he could not then settle on the first and every other son in tail of the said intended marriage, yet in consideration that the said (father) had made himself only tenant for life of his whole estate, and besides the settlement thereout made on his son in present, had agreed out of the mar. riage portion he is to receive, to discharge the provision made for his daughters by his first wife and all incumbrances thereon amounting to above in recompence whereof the said (intended husband) did promise and agree to settle the said estate in and to the said (father) for his life, dispunishable of waste; Then to the said (intended husband) for PINES AND RIES. By an Infant. life in like manner, and to trustees to preserve RECOVE contingent uses, with remainder to the first and every other son of the said (intended husband) successively in tail, and a power to be reserved to him to make a jointure for a second or other wife, and to charge the same with portions and maintenance for his younger children. IT IS FURTHER It is enacted, ENACTED, that the said (intended husband) should tended husband join with the said (father) if living, or other-father in sufwise should himself suffer recoveries of the said fering rec manors and lands in of and that said in should join his recoveries of last mentioned estates within six months after he shall as come of age and declare within months after he shall attain his age six years, and execute such deed or deeds shall be thought requisite for declaring the uses theuses thereof. of such recoveries as before recited, as in and by the said recited act of parliament, indenture and articles, relation being thereunto respectively had (among other things) more fully and at large doth and may appear. AND WHEREAS Recites the ina marriage is intended, by the grace of God, to age. be shortly bad and solemnized, by and between the said (intended husband) and the said (intended wife.) Now THIS INDENTURE WITNESSETH, that consideration. for and in consideration of the said intended marriage, and of the sum of of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency to the said (two daughters) in hand well and truly paid by the said (father of intended wife) at or before the sealing and delivery of these presents, at the request, and by and with the consent, direction, and appointment of the said (father of intended husband and said husband) testified by their being parties to, and their sealing and delivery of these presents in full, for the R te ded marri |