PARLIAMENTA RY FORMS. Private Act Powers to lease schedule. Empowering Court of Chancery to appoint new trustees. his heirs and and assured upon and to the use of assigns, for ever. And be it further enacted, That it shall and may be lawful for the said and or the survivor of them, or the executors or administrators of such survivor, or the trustees or trustee for the time being of the estates described in the schedule, from time to time during the life of the said with his consent in writing, and after his death, and during the and And be it further enacted by the authority aforesaid, That in case the said , or either of them, or any other trustee or trustees to be appointed in their places or the place of either of them, shall die, or intend to go beyond seas, or desire to be discharged from, or refuse or decline to act, or become incapable of acting in the trusts affecting the estates described in the said schedule, then and in such case, and as often as the same shall happen, it shall be lawful for the Court of Chancery, upon petition to be presented either in the said causes or any of them, or in a summary way, by any person interested in the same estates, or the guardian or guardians of any such person, to appoint a new trustee or new trustees in the place of the trustee or trustees so dying, going beyond seas, or desiring to be discharged, or declining, refusing, or becoming incapable as aforesaid: and that when any such new trustee or trustees shall be appointed as aforesaid, the trust estates shall be conveyed so and in such manner that the same may be legally and effectually vested in such new trustee or trustees, in conjunction with the surviving or continuing trustee (if any) thereof, or in such new trustee or trustees only as the case may require, upon the trusts, and with the powers of leasing, and other powers and limitations over affecting the same estates; and that such new trustee and trustees may act in the execution of the same trusts and powers in such and the same manner as if he or they had been appointed a trustee or trustees by the said will and this act. PARLIAMENTA RY FORMS. Private Act Trustees not losses, except answerable for Provided always, and it is hereby further declared, That the said trustees, and the survivors or survivor of them, his heirs, executors, or administrators, shall not, nor shall any or either of them, be an- wilful. swerable or in anywise accountable for any loss or damage which shall or may happen in the execution of the trusts hereby reposed in them, unless the same shall happen from his or their wilful default, nor the one of them for the other or others of them in any respects whatsoever, but each for himself only, and for his own acts, deeds, receipts, or wilful defaults; and that it shall and may be lawful for the said trustees, and the survivor of them, his heirs, executors, and administrators, to reimburse himself and themselves all costs, charges, and expenses incurred or to be incurred in or about the execution of the said trusts, or any of them. cery to settle And be it further enacted, that it shall be lawful for the said Court of ChanCourt of Chancery, and the said court is hereby authorized and re- costs. quired, from time to time, to make such order or orders as the said court shall think fit in the said cause or causes, or in a summary way on petition, for taxing or settling all costs, charges, and expenses incurred, or to be incurred in or about the aforesaid partition, or the proceedings in the said causes or any of them, or in obtaining or passing this act, or in or about any application or applications to the said court in pursuance thereof, or otherwise in carrying the purposes of this act into execution; and also from time to time to make an order or orders for payment of such costs and expenses as aforesaid, out of the monies which have been or shall be paid or received into PARLIAMENTA RY FORMS. Private Act Admission to General saving. Evidence clause. the said court in the said causes or any of them, or the said estates hereby settled. Provided always, and be it further enacted, That no person or persons, not being tenant or tenants to the lord, shall, by force or virtue of this act only, become tenant or tenants of the said copyhold premises or any of them, without an admission thereto by the lord or lords of the manor or manors of which the same copyhold premises are parcel, so as to entitle the lord or lords to all such fines of admismission, suits and services, as he would have been entitled to if this act had not been passed; and that it shall be lawful for any person or persons who have or shall have any legal estate of or in the copyhold messuages, lands, tenements, and hereditaments hereby settled, to make any surrender or customary assurance of the same, to the uses and for the purposes of this act, notwithstanding the limitations, trusts, or dispositions of the said recited will and codicil, or either of them. and Saving always to the King's Most Excellent Majesty, and to the lords of the manor or respective manors of which the said copyhold hereditaments are parcel, and to all and every other person and persons, bodies politic and corporate, his, her, or their respective heirs, successors, executors, and administrators, other than and except the said respectively, and their respective heirs, on their own account and as such trustees as aforesaid, and the said and all and every his child or children claiming or to claim by virtue of the aforesaid will and codicil of the said deceased, and the heirs of such child and children, all such estate, right, title, interest, claim, and demand of, in, to, out of, and upon the said hereditaments and premises directed to be divided and divided as aforesaid, as they, every, or any of them had before the passing of this act, or could or might have had, held, or enjoyed in case this act had not been passed. And be it further enacted, That, &c. [evidence clause (1) ]. THE SCHEDULES TO WHICH THIS ACT REFERS (2). (1) See ante, p. 289. (2) See forms ante, pp. 290. 302. No. CCCCXV. A Bill or Private Act for the Sale of Estates for Payment of Debts, &c. or other purposes (1). Trust to make Sales thereof with the approbation of the High WHEREAS, &c. [recite deeds, proceedings in Chancery, the necessity or order for sale, obstacles impeding sale, &c., but which cannot be effected without the aid and authority of Parliament: Therefore your Majesty's most dutiful and loyal subjects, the said and and the said (1) See ante, "PRACTICAL DIRECTIONS", Chap. II. sec. v. (2) See ibid. pl. 1. (3) See ibid. pl. 2. and ante, p. 283. (4) Variations are subjoined where the sale is made by the Trustees themselves. PARLIAMENTA RY FORMS, Private Act PARLIAMENTA RY FORMS. Private Act (sale of). Estates vested in trustees upon chasers. rity of the same, that all and singular the messuages, farms, lands, tenements and hereditaments, comprised in the settlement made, &c. as aforesaid, and which are situated, lying, and being in, &c. in the said county of , and more particularly mentioned and described in the schedule to this act annexed, together with their retrust to sell and spective rights, members and appurtenances, and the reversion and convey to pur- reversions, remainder and remainders, rents, issues and profits of the same premises respectively, shall from and after the passing of this act be, and the same are by this act vested in of, &c. and of, &c. and their heirs, freed and for ever discharged from all the estates, limitations, uses, trusts, remainders, reversions, powers, provisoes, conditions, charges and incumbrances whatsoever in and by the said recited settlement made, limited, expressed, declared and comprised of and concerning the same premises, or any part thereof, except, &c. upon trust that they the said and their heirs and assigns, or other the trustee or trustees for the time being of this act, do and shall, after payment of the purchase-money into court to the credit of the said cause, or any other cause for carrying the said decree into effect, or as the said court may order and direct, convey the same messuages, farms, lands, tenements and hereditaments respectively, or such and so many of them as have been or shall be sold under contracts for sale approved or to be approved by the High Court of Chancery, by orders made or to be made in the said cause now depending in that court, or in any other cause to be instituted for carrying the said decree into effect, and the fee-simple thereof, to the respective purchasers of the same, and their respective heirs and assigns, or as they shall respectively direct, and in such manner as shall be directed by the said court, by any order to be made in any such cause as aforesaid. Application of the money to arise by sales. Purchase-money to be applied in And be it further enacted, That the money to arise by the sale of all or any part of the said several messuages, farms, lands, tenements and hereditaments so sold, and to be sold as aforesaid, shall be paid and applied by the purchaser or purchasers, his, her or their heirs, executors, administrators or assigns, in such manner as shall be directed by the order of the High Court of Chancery, to be made in the said cause, or in any other cause to be instituted in that court for carrying the said decree into effect (1). (1) If the sale is for raising children's portions, say, "And be it further enacted, That all and every sum and sums of |