FINES AND RECOVERIES.

FINES AND
RECOVE-
RIES.

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 entituled An of parliament, entituled An Act to enable (the intended husintended husband) only son of, &c. to acknowledge knowledge fines and suffer recoveries while he is under the fines and suffer age of twenty-one years;' AFTER RECITING that while he is by indenture of quadrupartite of release bearing whereby after date the reciting his and made or in- father's martended to be made between, &c. the manor, mes- ment whereby riage settle. suages, lands, tenements, and hereditaments in

day of

the several counties of

and

of parliament

Act to enable

band to ac

recoveries,

under age,' and

estates are limited to father for life,

> remainder to

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 and

By an Infant.

his first and

every son by

, 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 year of our Lord

whereby the

father cove

nants, that on

male as afore

should go to the

heirs male of

the second

wife by him

self, and for

want of such

issue to his own right heirs.

in

AND that by arti

day of

(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 afterwards had, and solemnized between the said (father) and (his then intended wife), the said (father) did covenant and agree with the said (trustees) 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

certain fee farm

AND

And to convey right heirs of the said (father) for ever. LSO, to convey and assure all his fee-farm rents in and elsewhere in the county of

rents to him

self for life,

remainder to

body by him

the heirs of her which he purchased of, &c. To the use of himself, 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
RIES.

By an Infant.

citing that the

dead, leaving no other issue

husband.

father wished

make no settle

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) And after rewas since dead, leaving no issue but the said second wife was (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 ment. of his being under age. IT IS ENACTED, that it It is enacted should and might be lawful, to and for the said join with father (intended husband) to join with the said (father) fines, and sufin the levying fines and suffering recoveries of all fering recove 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 deed or deeds to declare the uses of such fines and recoveries as shall for that purpose be thought

that son might

in

ries of the pre

and declare the and that such

uses thereof,

fines, &c.

should be as

eff-ctual as if

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

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,

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

tain other re

citals.

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 recompence whereof the said (intended husband) did promise and agree to settle the said estate in

in

and

to the said (father) for his life, dispunishable of waste; Then to the said (intended husband) for

life in like manner, and to trustees to preserve contingent uses, with remainder to the first and

FINES AND
RECOVE-

RIES.

every other son of the said (intended husband) suc- By an Infant. cessively 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 reco manors and lands in

of

and

as

that said in

should join his

veries of last mentioned estates within six months after he shall

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 the uses 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