to certain prelates, earls, and barons, who were ap pointed, at the meeting of every parliament, to be receivers and tryers of petitions; who, upon examination of the contents of fuch petitions, indorsed upon them what courfe was to be pursued by the petitioners to obtain redress. § 3 .In these cafes, where the petitioners might have relief by the ordinary courfe of law in the King's Courts, the answer was, that the petitioners might fue at common taw; and fometimes the petition was referred to the proper court, in which the case was determinable. But in those cafes where the petitioner could have no relief without a new law, made by an act of parliament, either in that particular cafe, or which might by a general purview extend to it, the petition was referred to parliament, and an award was made upon it by the King and the Lords, or by the Lords alone, and fanctioned by the King, which had all the force and effect of a ftatute. § 4. In the first year of the reign of Hen. 4. the commons indirectly claimed a right of concurring with the Lords in the confideration of petitions, and of joining in the awards made upon them; but the Archbishop of Canterbury told them, in the King's name, that they were only petitioners, and that all judgments appertained to the King and to the Lords; unless it were in ftatutes, grants, fubfidies, or fuch like, the which order the King would from that time be obferved. It became, however, fully established in the reign of Richard 3. that no award could be made on a private petition, without a for.nal and complete act of the whole legislature: and, therefore, from that period they have been called private acts of parliament, and are distinguished in the statute book from public ones. § 5. A private act of parliament is defcribed by Lord Ch. Baron Comyns, to be a ftatute, which concerns only a particular fpecies, or thing, or perfon. And in 39 Eliz. it was refolved by the Court of King's Bench, that the ftatute 21 Hen. 8. c. 13., by which fpiritual perfons were abridged from having pluralities of livings, was a general act; because it concerned the whole fpirituality in general: but it was admitted that the ftatute 18 Eliz. c. 6., concerning colleges in colleges of Eton and It was also observed What makes Holland's Cafe, 4 Rep. 76 a. the two univerfities, and the Winchester, was a private act. that the ftatutes 13 Eliz. c. 10. and 18 Eliz. c. II., concerning colleges, deans, and chapters, hofpitals, parfon, vicar, or any other having any fpiritual or ecclefiaftical living, were general acts: and that the ftatute Eliz., concerning leafes, &c. made by 5 Rep. 2 2. bifhops, was a special private act, because it concerned the bishops only, who are but a fpecies of the fpirituality. § 6. It is faid in the fame cafe, that, if an act is 4 Rep. 76 b. fpecial, that extends ad fpecies, à multo fortiori it is fpecial or particular, which extends ad individua. Now, although the matter be fpecial, fo that under it there are no individua, yet if it is general as to per fons, fons, it is a general act: but, if it concerns aliquod fingulare feu individuum, although it be general as to perfons, it will be deemed a private act. So, although the act as to perfons is general, but the matter thereof concerns individua or fingular things, as a particular manor-house, houfe, &c. or all the manors, houses, &c. which are in one or fundry particular towns, or in one or divers particular countries, it is a private act. 4 Rep. 77 a. Plowd. 227. 10 Rep. 57 b. Samuel v. 2 Term R. 569. § 7. It is also laid down by the court in Holland's cafe, that every act, although the matter thereof concerns individua or fingular things, yet if it touches the King, is a public act: for every fubject has an interest in the King, as the head of the commonwealth. And it was refolved in the cafe of Willion v. Berkeley, that an act, which was made in 35 Hen. 8., by which all conveyances made by the Lady Catherine (Henry the 8th's Queen), or to her, by or to the King, fhould be valid, was a public act. § 8. In a public act there may be a private clause, as in the ftatute 3 Jac. 1. the claufe, which gives the benefices of recufants in particular counties to the universities, is a private aćt. § 9. The ftatute 23 Hen. 6. c. 9., respecting bailbonds, was for a long time confidered as a private act; but, in a modern cafe, it was held to be a publie one. § 10. A private § 10. A private act is not printed or published among the laws of the feffions; it remains, how ever, inrolled among the public records, and in general it must be fpecially fet forth and pleaded, otherwise no judge or jury are bound to take notice of it. But it has lately been a practice to infert a clause in acts of a private nature, declaring that they fhall be deemed public acts. § 11. In modern times a private act of parliament respecting real property, ufually called an estate act, is a conveyance or fettlement of lands or hereditaments, made under the immediate fanction of parliament, in cafes where the parties are not capable of substantiating their agreements without the aid of the. legislature; and where the carrying fuch agreements into effect is evidently beneficial to the parties. § 12. It would be utterly impoffible to enumerate the variety of cafes in which private acts of parliament may be obtained. A few of them fhall however be mentioned. § 13. Where a perfon is tenant for life, with remainder to his first and other fons in tail, under a will or fettlement, and he either has no children, or has children under age; if an opportunity offers of felling the estate to great advantage, a private act may be obtained vefting fuch fettled estate in trustees in fee, discharged from the ufes of fuch will or fettlement, upon trust to fell the fame, and to lay out the money VOL. IV. L1 in I Inft. 98 b. n. I. Some Cafes in the purchase of other lands, to be fettled to the fame uses. S 14. Where a pe: fon, having an eftate in ftria fettlement, has an opportunity of making an advantageous exchange with another perfon, or is defirous of exchanging his fettled eftate, for another estate whereof he is feised in fee: a private act may be obtained for vesting the fettled estate in the perfon with whom fuch exchange is agreed to be made; or in the tenant for life himself, in fee-fimple, and limiting the eftate taken in exchange to the fame ufes, to which the settled estate stood limited. S15. Where an eftate, limited in ftrict fettlement, is charged with the payment of a confiderable fum of money, an act may be obtained for vefting the whole or a competent part thereof in trustees in fee, upon truft to fell the fame and pay off the debt, and to lay out the furplus in the purchafe of other lands to be fettled to the old uses. $16. Where a tenant for life has no power of making long leafes, and it would be advantageous to the eftate if it could be let for a long term of years; an act may be obtained for enabling the tenant for life to make long leafes, under fuch reservations and restrictions as are neceffary to render such leases beneficial to the estate, and to the perfons in remainder and reverfion. § 17. Where |