§ 17. Where a tenant has expended his own money in making improvements which will be beneficial to the inheritance, or is defirous of making fuch improvements, an act may be obtained enabling him to charge the estate with the money fo laid out, or to be laid out, on fuch improvements.

§ 18. Where a bishop or other ecclefiaftical perfon has an opportunity of exchanging lands, whereof he is feifed in right of his bishopric, for other lands of greater value, a private act may be obtained for confirming fuch exchange.

S 19. Where it is neceffary that the eftates of a lunatic fhould be fold for payment of debts and incumbrances, an act may be obtained for vefting fuch estates in trustees; upon truft to fell the fame, and to apply the money in payment of the debts and incumbrances, under the direction of the Court of Chancery.

§ 20. Where an estate is vefted in feveral perfons, as co-parceners or tenants in common, fome of whom are lunatics, or infants, or tenants for life, and a fair and juft partition is made thereof; an act may be obtained for confirming fuch partition, by which the infants, lunatics, and remainder-men, will be bound : and each person, to whom a fhare is allotted, will acquire the legal estate therein.

S21. Where a male infant is defirous of marrying, with the approbation of his parents or guardians, an L12

act

Rot. Parl.

act may be obtained enabling him to make a proper fettlement on fuch marriage, fuch fettlement to be as valid as if he was of age. And there is an act in 14 Edw. 4. by which it was ordained, that Henry Vol. 6. p. 128. Duke of Buckingham fhould be taken, reputed, and adjudged, as a person of full age; and that all things, by him or against him to be done, fhould be of fuch force and effect as if they were done at his full age.

No 24.

Mode of paffing private Acts.

§ 22. Where fomething has been omitted in a deed, which is abfolutely neceffary to carry it into execution; or where there has been a palpable and evident miftake; an act may be obtained to fupply fuch omiffion, or to rectify fuch mistake.

§ 23. Where a private act originates in the House of Lords, the mode of proceeding is thus :-A petition is presented to the House of Lords, figned by all the parties interested in the act; stating the facts, and praying leave to bring in a bill for the purpose therein mentioned. This must be presented by a peer: and an order of the house is made, referring the petition to two of the judges, who are authorized and directed to fummon all perfons concerned in the bill before them; and, after hearing them and perusing the bill, to report to the house the state of the cafe, and their opinions thereupon, under their hands, and to fign the bill.

§ 24. The petition is then presented to the two judges to whom it is referred, together with a draft of the bill all the recitals in the bill are proved before

them

them in the fame manner as on a trial in ejectment.

The judges then make their report, and certify, that the bill is proper for effectuating the purposes intended.

§ 25. The bill is brought into the house, read twice, and committed; the fame proofs must be submitted to the committee, which were produced before the judges; and the chairman reports it to the house. It is then read a third time, and sent to the House of Commons, where it goes through the fame forms, and is fent back to the Houfe of Lords, to receive the royal affent; which is given by the words, "Soit fait, come il eft defiré."

§ 26. Where a private act of parliament originates in the House of Commons, a petition is prefented, figned by the parties who are fuitors for fuch bill; stating the facts, and praying leave to bring in a bill, which is prefented to the houfe by a member. A motion is then made, that it be referred to a committee to examine the allegations in the petition. The evidence must be produced before this committee, and when concluded, the chairman makes his report, and moves for leave to bring in a bill pursuant to the petition. The bill is then brought in, read twice, and committed: all the evidence is again produced before the new committee, which the chairman reports to the house, and moves that the bill be engroffed. It is then read a third time, and fent to the House of Lords. There it is twice read, and then committed: the evidence is again produced before the committee

of the House of Lords; the Lord in the chair reports the bill to the house; it is read a third time, and then receives the royal affent.

§ 27. The confent of all parties in being, and capable of confenting, who have the remotest interest in the property affected by the bill, is exprefsly required 2 Comm. 345. to every private act; unlefs (fays Sir William BlackStone) fuch consent appears to be perverfely, and without any reafon, withheld.

5 28. Where infants, or other perfons incapable of acting for themselves, are to be bound by a private act of parliament, a full equivalent must be settled upon them, in lieu of what is taken by the a&: and, in general, the legislature will not fuffer the property of infants, or other perfons incapable of acting for themfelves, to be altered by a private act; unless it appears that they will be benefited by fuch alteration.

§ 29. A general faving is now always added, at the close of every private act, of the rights and interests of all perfons whomfoever; except those whofe confent is given or purchased, and all perfons claiming under them, and who are therein particularly named.

S 30. By a number of standing orders, made at different times by the Houses of Lords and Commons, which will be stated hereafter, every fort of precaution appears to have been adopted by the legislature, to prevent the poffibility of furprise or fraud in obtaining private ats, and particularly as to eftate bills; which

muft

must be referred to two judges, to report on the facts, and the propriety of the bill. But ftill there have been some cases, in which great impofition has been Vide 34 Gco. practised on parliament by falfe evidence.

S 31. With refpect to the operation of a private act, it is as powerful and effective, if duly and properly obtained, as a public one, in binding all those who are intended to be bound by it, and whose rights are not faved. But it has always been held, that a private act does not bind ftrangers, even before the general practice of inferting a faving claufe in every private act was adopted.

3. c. 65.

Operation of a private Act.

$ 32. Thus, in 21 Hen. 7. it was adjudged, in the 8 Rep. 138 a. cafe of the prior of Castle-acre and the dean of St. Stephens, that the act 1 Hen. 5. c. 7., which gave the lands of priors aliens to the King, did not extinguish an annuity of the prior of Castle-acre, which he had out of a rectory, parcel of a priory alien, though there was not any faving in the act.

$ 33. So, in a cafe in 8 Jac. where the question was, whether the act 22 Edw. 4. c. 7. which under certain circumstances authorizes the proprietors of grounds in forests, after a felling, to inclose them without the King's licence, for seven years, to preferve the springing wood, fhould be conftrued fo as to exclude perfons having right of common: upon this point Lord Coke reports one of the reafons, upon which the judges of the Common Pleas adjudged that the commoners were not bound by the ftatute. "It 66 appears

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