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in keeping down the intereft of the incumbrances affecting the faid eftates; and it being admitted, that all the expences of the act, and all the expences anterior to the money being laid out in land, had been paid, it was ordered and decreed, that the defendant Sir Theophilus Biddulph fhould pay the fum of 7207 l. into the bank in the name of the accountant-general, in trust in the cause, to be laid out in the purchase of lands, agreeable to the act of parliament *.

§ 54. The Houfe of Lords has, from time to time, made the following ftanding orders refpecting private

acts:

That, for the future, it be a general instruction to all committees who fhall meet upon private bills, that they take no notice of the consent of any person to the paffing of fuch bill, unless such person appear before them, or there be an affidavit of two perfons made, that he or she is not able to attend, and doth confent to the faid bill. And that, when any committee shall be appointed on a private bill, notice thereof be affixed on the doors of this house, 14 days before the meeting of the faid committee.

That, for the future, no private bill fhall be brought into this houfe, until the house be informed of the matters therein contained, by petition to this house for leave to bring in fuch bill.

*No Report of this Cafe is to be found, either in Mr. Brown or Mr. Vefey junior.

That,

Standing
Houfe of

Orders of the

Lords.

20th April 1698.

7th Dec 1699.

16th Nov. 1705.

16th Feb. 1705.

That, for the future, no private bills shall be read a second time, until printed copies thereof be left with the clerk of the parliaments, for the perusal of the House of Lords. And that one of the faid copies fhall be delivered to every person, as shall be concerned in the faid bill, before the meeting of the committee upon fuch bill; and, in case of infancy, to be delivered to the guardian or next relation of full age, not concerned in intereft, or in the paffing the faid bill.

That, for the future, all parties concerned in the confequences of any private bill, shall fign the petition that defires leave to bring fuch private bill into this house.

That, when a petition for a private bill shall be of fered to this house, it shall be referred to two of the judges, who are forthwith to fummon all parties before them who may be concerned in the bill; and, after hearing all the parties, and perufing the bill, are to report to the house the state of the case, and their private opinion upon under their hands, and are to fign the faid bill: the fame method to be observed as to private bills that are brought up from the House of Commons, before the fecond reading of fuch bills, by fending a copy of the faid bill, figned by the clerk, to the judges,

That, in all cafes, where trustees fhall be appointed by any private bill, the committee, to whom that bill is referred, do take care that the trustees appear perfonally before them, and accept the truft under their

hands;

hands; and alfo, that the Lord, who fhall be in the chair of a committee for the paffing of any private bills, when he makes his report, fhall acquaint the house that all the orders of the house, in relation to private bills, were duly observed in the paffing the faid bill through the committee,

That, for the future, when any private bill fhall be fent by the house to a committee, there fhall be at the fame time transmitted to them a copy of these orders now made, and of all other standing orders of the house then in force relating to the paffing of private bills.

That, upon the reference of any private bill to the judges as aforefaid, the judges to whom the fame bill fhall be referred, fhall fend to this house a lift or lifts of such persons names as are to be fworn in relation to fuch bill; and that they fhall be thereupon fworn at the bar of this houfe, in order to be examined by the judges upon fuch oath, in relation to the bill before them.

18th Dec.

1706.

1707.

That, on all reports made from committees of 5th April amendments to bills, for the future, the Lord that makes the report, do explain to the houfe the effect and coherence of each amendment; and that, on the clerk's fecond reading of the fame amendments, the Lord on the woolfack do the fame.

That, where a bill is brought in to empower any perfon to fell or difpofe of lands in one place, and to

buy

19th May

1762.

buy or fettle lands in another place, the committee, to whom fuch bill fhall be referred, do take care that the values be fully made out; and, if the bill shall not be for making a new purchase, but only for fettling other lands in lieu of thofe to be fold, in that cafe, provision fhall be made in the bill, that fuch other lands be fettled accordingly. But, if the bill fhall be to purchase and fettle other lands, in that cafe, the committee are to take care, that there be a binding agreement produced for fuch new purchase: or, if it fhall be made appear to the committee, that fuch agreement cannot then be made, or that fuch purchase cannot then be made and fettled, as defired by the bill, and the committee fhall be fatisfied with the reafon alledged for either of thofe purposes in either of those cafes, provifion fhall be made in the bill, that fo much of the money arifing by the fale of the lands directed to be fold, as is to be laid out in a new purchase, shall be paid by the purchaser or purchafers, into the Bank of England, in the name and with the privity of the accountant-general of the High Court of Chancery, to be placed to his account there, ex parte the purchafer or purchasers of the eftate of the perfon or perfons mentioned in the title of the faid bill, purfuant to the method prefcribed in the act of 12 Geo. 1. c. 32., and the general orders of the faid court, and without fee or reward, according to the act of 12 Geo. 2. c. 24.; and fhall, when fo paid in, be laid out in the purchase of navy or victualling bills, or exchequer bills, And further, that the intereft arifing from the money fo laid out in the purchase of navy or victualling bills, or exchequer bills, and the money received for the fame, as they fhall be refpectively paid, off by Govern,

ment,

ment, fhall be laid out in the name of the faid accountant-general in the purchase of other navy or victualling bills, or exchequer bills. All which faid navy and victualling bills, and exchequer bills, fhall be depofited in the bank in the name of the faid accountant-general, and fhall there remain until a proper purchase or purchases be found and approved, as fhall be directed by fuch bill, and until the fame fhall, upon a petition setting forth fuch approbation, to be preferred to the Court of Chancery in a fummary way by the perfons to be named in the bill, be ordered to be fold by the said accountant-general, for the completing fuch purchase, in fuch manner as the faid court fhall think juft, and direct. And further, that if the money arifing by the fale of fuch navy, victualling, or exchequer bills, fhall exceed the amount of the original purchase-money fo laid out as aforefaid, then, and in that cafe only, the furplus which shall remain, after discharging the expence of the applications to the court, fhall be paid to fuch perfon or perfons refpectively, as would have been entitled to receive the rents and profits of the lands directed to be purchased, in cafe the fame had been purchafed pursuant to the act, or to the reprefentatives of fuch perfon.

That, where a petitioner for a private bill is tenant 29th Aprik for life in poffeffion, and another petitioner for the fame 1799. bill is tenant in tail in remainder, and of age, and where it is competent for the two together, by deed, fine, and common recovery, to bar the rights and interefts of all perfons in remainder, after the eftate in tail of the petitioner, the committee fhall not, in fuch cafe, be required to take the confent of any of the

perfons

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