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ANNO QUADRAGESIMO SEXTO
GEORGII Ili. REGIS.
»*»»**»««*»***«** ***************
CAP. CXLVI.
An Ad: for fettling and fecuring a certain Annuity on the Earl Nelfon and the Heirs Male of his Body, and fuch other Pcrfons to whom the 1 itle of Earl Nelfon may defcend; and for granting a Sum or Money to purchafe an Eftate to accompany the faid Title ; and alfo, for granting a Sum of Money for the Ufe of the Sifters of the late Vice-Admiral Vifcount Nelfon ; in Confideration of the eminent and fignal Services performed by the faid late Vifcount Nelfon to His Majefty and the Publick.
j_2 2d July JBoo ]
Mod Gracious Sovereign,
WHEREAS Your Mijcfty, by Your moft gracious Mrflage to Your faithful Commons, hath been plealed to declare, that Your Majefty having taken into Your Royal Confideration the eminent and fignal Services performed by the late Vice Admiral Lord Vifcount Nelfon, in a long Series of diftinguifhed Exploits, and particularly in the glorious and decifive Vitftory ot Trafalgar, in which he un-U	'	fortunately1274
An Annuity of 5C00I. granted to Earl Nelfon, &c. payable out of the Confolidated fund,
to be paid Quarterly.
90,corl. to be paid out of the Con-folidated Fund to the Truftees herein men tioned, for the Ufe of the laid Ea Nelfon, &c
46° GEORG1I III. Cap. 146.
fortunately fell ; and being defirous to bellow on the Family of the faid Lord Vifcount Nelfon fuch confirierable and lading Mark of Your Royal Favour as may corrcfpond with the Senfe Your Majefty entertains of Services fo honourable to the Britijb Navy, and fo eminently beneficial to the Interefts of the Nation ; and for that Purpofe, of granting to the Earl Nelfon, and to the Heirs Male of his Body, and fuch other Perfons on whom the Title of Earl Nelfon may defeend, a net Annuity of Five thoular.d Pounds during their refpedive Lives; and alfo of granting a Sum not exceeding One hundred and twenty thoufand Pounds, as a further Provifion for the Family of the faid Lord Vifcount Nelfon, a Part whereof it was Your Majefly’s Intention Ihould be appropriated to the Purchafe of a Houfe and Lands, to be annexed to the laid Dignity : Now we, your Majefty’s molt dutiful and loyal Subjedls, the Commons of the United Kingdom in Parliament affcmbled, duly conlidering Your Majelty’s molt gracious Intention, do molt humbly befeech Your Ma-jeity that it may be enacted ; and be it enacted by the King’s molt Excellent Majelty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affcmbled, and by the Authority of the fame, That One Annuity or yearly Sum of Five thoufand Pounds of lawful Money of Great Britain (hall be ifiuing and payable out of and charged and chargeable upon the Con-iolidated Fund of Great Britain, (after paying, or referving fufficient to pay, all fuch Sum and Sums of Money as have been diiefted by any former Act or Aits of Parliament to be paid out of the fame, but with Preference to all other Payments which fhall or may hereafter be charged upon or payable out of the faid Fund); and the fame (hall from Time to Time be paid quarterly, free and clear of all Taxes and Deductions whatfoever, in Manner and Form following ; (that is to fay), to the Reverend William Nelfon, now Earl Nelfon, and to the Heirs Male of the Body of the laid Earl Nelfon, and to ¡ueb other Perfon to whom the laid Title, Honour, and Dignity of Earl Nelfon ihall defeend, purluant to the Limitation of the Patent whereby the laid Dignity is granted ; which laid Annuity, or Yearly Rent or Sum, ihall commence and take effedt from the Twenty-firft Day of OElober in the Year of our Lord One thoufand eight hundred and five ; the Firft Payment to be computed and made to the Fifth Day of July One thoufand eight hundred and fix, and from thence Ihall be payable quarterly, at the Four uiual Days of Payment in the Year, that is to fay, the Tenth Day of October, the Fifth Day of January, the Fifth Day of April, and the Fifth Day of July, in every Year.
II. And be it further enadled, That a Sum not exceeding Ninety thoufand Pounds of lawful Money of Great Britain, (hall be paid out of the faid Confolidated Fund (after paying or relerving fufficient to pay . all fuch Sum and Sums of Money as have been diredted by any former Act or Adts of Parliament to be paid out of the fame; but with Prefer-■ ence to all other Payments which (hall or may be hereafter charged upon the faid Fund) free and clear of all Taxes and Dedudtions whatfoever, to „1 the Speaker of the Houle of Commons, the Lord High Treafurer of . Great Britain, or Fir it Lord Cornmilfioner of the Trealury, the Chancellor of the Exchequer, the Firft,Lord CommilTioner of the Admiralty, and the Treafurer of the Navy, for the Time being refpedtively, the -}£	Honourable7 T
fUQ, o4ort
4.6° GE O RG11 III. Cap. 146.	5275
Honourable George Walpole, Alexander Davifon of Sa ri James's Square Efquire, and William HaJIeweod of Fitzroy Square Efquire, in Trull to and for the Ufe of the find Earl Nelfon, and fuch other Perfon on whom the Title of Earl Nelfiv ihall dclcend, and to apply the lame in the Manner hereinafter direfted.
III.	And be it further enafted, That until fuch Sum of Ninety thou- TiH’Pajrmtnf fand Pounds (lull be fo paid to fuch Truilees as aforefaid, there (hall be is made of paid to the faid Kai l Nelfon, and to the Heirs Male of his Body, and to the gc,o:oI. fuch other Perfon to whom the faid Title, Honour, and Dignity of Earl §1J1'rbe'"‘jdi Nelfon ihall defcend, from Time to Time out of the faid Confolidated Fund, after paying or teferving fufficient to pay any Sum direifled to be paid by former Afls, but with Preference to other Payments, lawful lntereft forfuch Sum of Ninety ihouland Pounds, at and after the Kate of Five Pounds per Centum per Annum, and fuch Intcrell ihall commence from the Twenty-firll Day of OBobcr One thoufand eight hundred and five, and ihall be payable Quarterly at the ufual Days of Payment •, the Firit Payment of lntereft to be computed and paid to the Fifth Day of July One thoufand eight hundred and fix, and to continue payable Quarterly on the Tenth Day of OSober, the Fifth Day of January, the Fifth Day of April, and the Fifth Day of July in each Year, until fuch Sum of Ninety thoufand pounds ihall be fo paid as aforefaid, and any tractions or a Quarter to be computed to the Day of fuch Payment.
IV.	And be it further enafled, That a further Sum not exceeding a further Twenty thoufand Pounds of lawful Money of Great Britain ihall be paid Sum of out of the faid Confolidated Fund, (after paying or referving fufficient to pay ail luch Sum and Sums of Money as have been directed by any the Truilees mer Aft or Ails of Parliament to be paid out of the fame, but with forSmann .h Preference to all other Payments which (hall or may be hereafter charged Bolton and upon the laid Fund), free and clear of all Taxes and Deductions whatfo- ^,cah'"' ever, to the faid 'lruilees in Trull for Sufannab Bolton, the Wife of sitters of fbotnas Bolton Efquire, and Catharine Matcham, the Wife of George VUcount Matt bam Efquire, Sillers of Horatio Vifcount Nelfon, and to be applied Nelfon. to their Ufe and Benefit, or to the Ufe and Benefit of themfelves and of their refpeitive IlTue, in fuch Manner as His Majelly, by any Warrant under His Sign Manual, ihall direct.
V.	And be it further enacted, That it (hall be lawful for the faid Earl Nelfon, by any Deed or Inllrument in Writing, under his Hand and Seal, atielted by Two or more credible Witnelfes, to charge the Real nftates hereinafter directed to be purchaled with any Sum not exceeding 1 en thoufand Pounds, with lntereft for the fame at and after the Kate of Five Pounds per Centum per Annum, as and for a Portion .or Hady Charlotte Nelfon, only Daughter ot the faid Earl Nelfon, or any other Daughter or Daughters of the faid Eail Nelfon, in fuch Shares and 1 ro-portions as he (hall by the fame or any other Deed or Inllrument, or by his lad Will and Tellament, or any Codicil, publiihed in the Pretence oi Three or more credible Witneffes, appoint or direft, and torSecuring the lame with fuch lntereft as aforefaid, by any fuch Deed or Inllrument, or fuch lalt Will or Tellament, to dermic Inch Heal Eftates, or any lul-ftcient Purtion thereof, to Truilees for the Term of Five hundred Years,
Earl Nelforr empowered to fettle a Portion on Lady Charlotte Nelfon, hisDaughicr, of 10,cool. &c.1276
and alio a Jointure ef 7.0c ol per Annum on the Countcfs his Wife.
Th" Narrc of Nelfcn to he taken by the Family cn whem the Tide fhall deiceno.
Earl Nelfon, after the De-ceafe of the prefent Earl, empuweredto fettle a Jointure on his Wife of J ,500!.
46° GEORGII III. Cap. 146.
for the raifing fuch Portion, and Payment of fuch Incereft, in fuch Manner and at fuch Times and in fuch Proportions as the faid Karl Nelfon fhall, by any fuch Deed or lnftrUment, or any fuch luft Will or Tcrtament, or Codicil, direCL
VI.	And be it further enabled, That it fhall be lawful fer the faid William now Earl Nelfon, by any Deed or Deeds, or Writing of Writings, with or without Power of Revocation, to be by .him fealed and delivered in the Prefence of Two or more credible Wirneifes, to grant, limit, and appoint unto Sarah Countels Nelfon his Wife, and in cafe of her Death in his Life-time, unto anv other Woman or Women whom he may marry after her Deceale, for her or their Life or Lives, and for her nr their Jointure or Jointures, and in bar of Dower, as hereinafter is provided, any Annuity or yearly Sum not exceeding the Sum of Two thou-land Pounds of lawful Money of Great Britain, clear of all Taxes, Charges, and Deductions whatfoever, by ACt of Parliament or otherwife howjoever, to commence and take effeCt immediately after the Deceafe of the faid William now Earl Nelfon, and to be iiluing and payable out of the laid Annuity of Five thoufand Pounds, by equal Quarterly Payments, on the fame Days as the faid Annuity of Five thoufand Pounds is hereby made payable at the Fxchequer j and the Firft of the faid Quarterly -Payments to be made on fuch of the faid Days as fhall next happen after the Deceafe of the faid William now Earl Nelfon.
VII.	And be it further enabled, That if the Title of Earl Nelfon fhall at any Time hereafter defeend to any Perfon not bearing the Surname of Nelfon, fuch Perfons, and the Sons and Daughters of luch Perfons, fhall, immediately on affuming the Title of Earl Nelfon, take and aflume and thereafter bear and ule the Surname and Arms of Nelfon.
VIII.	And be it further ena&ed, That it fhall be lawful for the Perfon who for the Time beingafter the Death ot the faid William Earl Nelfon fhall be entitled in PofieiTion to the faid Annuity of Five thoufand Pounds, and fhall be Earl Nelfon, either before or after his Marriage with any Woman or Women by any Deed or Deeds, or Writing or Writings, with or without Power of Revocation, to be by him fealed and delivered in the Prclence of Two or more credible Witnefles, (but fubjeCt and without Prejudice to the Annuity or Annuities, yearly Sum or Sums, if any, which fliall be thern fubfifting and payable by way of Jointure or Jointures out of the laid Annuity of Five thoufand Pounds, by virtue of any Grant, L-iniitarion, or Appointment to be made in purfuance of the Power hereinbefore contained), to grant, limit, and appoint unto fuch Woman or Women whom he fhall Jo marry, for her or their Life or Lives, and for her or their Jo.nturcor Jointures, in bar of Dower as hereinafter is exprefied, any Annuity or yearly Sum noc exceeding the Sum of One thoufand five hundred Pounds of like lawful Money, clear of all Taxes, Charges, and Deductions whatfoever, by Act of Parliament or otherwife hovvlbever ; to commence and take efteCt immediately after the Deceafe of the Perfon granting, limiting, or appointing the lame, and to be iifumg and payable out of the laid Annuity ot Five thoufand Pounds,and to be paid and payable by equal quarterly Payments on the fame Days on which the faid Annuity ©f Five thoufand Pounds is hereby made payable at the Exchequer; and
yj	*	chc46’ GEORGII III. Cap. 146.
the Firft of (he faid quarterly Payments to be made on fuch of the Paid
1277
Days as fhall firft happen after the Deceafe of the Perfon who (hall have appointed the Annuity or yearly Sum lalt herein-before authorized.
IX.	And be it further enafted, That the Woman or Women to whom Powerof fuch Annuity or Annuities, or yearly Sum or Sums (hall be fo limited or Sjj“^ of appointed by the faid William now Earl Nelfon, or the Perfon for the J
Time being entitled in Pofieffion as aforefaid, being Earl Nelfon, (hall and may, in cafe and fo long as the fame fhall be ¡filling and payable out of the faid Annuity of Five thoufand Pounds, have, ufe, and exer-cife the fame Remedies, Powers, and Provifions, for the better and more effeftually fecuring, recovering, and enforcing the Payment of fuch laft mentioned Annuity or Annuities, or yearly Sum or Sums, when the fame (hall be in arrear, after or beyond the Times hereby appointed for the Payment thereof, as the Perfon or Perfons granting, limiting, or appointing the fame, could or might have ufed or exercifed for the Recovery of the faid Annuity of Five thoufand Pounds.
X.	And be it further enafled, That every Annuity or yearly Sum Jointure to which fhall be fo granted, limited, or appointed, by way of Jointure, by be :n bar of the faid William now Earl Nelfon, or the Perfon for the Time being en- ower’ titled in Pofieffion as aforefaid (being Earl Nelfon), in purfuance of the Powers in this Act contained, whether granted before or after Marriage,
fhall be taken to be in full for the Jointure or Jointures of the Woman or Women to whom the fame (hall be fo granted or limited, and in Recom-pence, Satisfaflion, and Bar of all Dower, Title of Dower, and Thirds, which (he or they refpeftively (hall or may at any Time claim, demand, or might otherwife be entitled to, of, in, to, or out ot the faid Annuity of Five thoufand Pounds, or of, in, to, or out of the Manors, Mcffu-ages, Lands, Tenements, or Hereditaments, which (hall or may be pur-chafed in purfuance of the Powers herein-after contained, or any Part thereof refpeftively : Provided, that fuch Annuity (hall, at the 1 ¡me of the granting thereof, be declared by the Woman and her Truftees to whom any fuch Annuity (hall be granted, to be and be accepted and taken to be in bar of fuch Dower or Thirds, and that fuch Acceptance fhall be teftified by fuch Woman and her Truftees fealing and delivering of the Grant of fuch Annuity.
XI.	Provided always, and be it further enafled, That the faid An- Jointures nuity of Five thoufand Pounds (hall not at one and the fame lime be ”"°Cje'd * fubjeft to the Payment of more than the yearly Sum of Three thoufand 3>000i_ Pounds, for or in refpeft of any Jointure or Jointures which (hall be
made in purfuance of the Powers herein-before contained.
XII.	And it is hereby further enafled, That it (hall be lawful for the Commiffioners of His Majefty’sTreafury now being, or any Three or more ¿¡“¿^Vau. of them, and the High Treaiurer and Under Trealurer of the Exchequer, <jiIor 0f ,he and Commiffioners of the Treafury for the Time being, and they are hereby Exch-qucr to authorized and required, by Warrant under their Hands, to direct the
Auditor of the Receipt of the Exchequer nowand for the Time being, forpaving,h= to make forth and pais Debentures for paying the faid feveral Sums of 90,000!.'the
Ninety thoufand Pounds, and Twenty thoufand Pounds s and alfo from 20,000!. andh
Warrant of Trealury 10 be valid.
Treafury and Exchequer required to>do every Thing neceil'ary, witLeut }’>«.
Arquirtancea of the Truf-tecs, and Earl Nelfon, to be * efficient Diicharge.
46* GEORG'Il III. Cap. 146'.
Time to Time for paying the Lid Annuity, nr yearly Kent nr Sum of Five thoufand Founds and lntereft ..s aforelaid, On the laid Sum of Ninety thoufand Founds, as the fame (hall from Time to Time become due and payable, without any Fees or Charges to be dentanded.or taken for paying the (ame or any Part thereof ; which laid Warrant, and the Debentures to be made forth and pafled thereupon, (hail be a fufficienc Authority to the levcral and relpeifive Officers of the Receipt of the Exchequer now and for the Time being, for the Payment of the laid levcral Sums of Ninety thoufand Poutuis, and Twenty thoufand Pound-, to fuel) Truftces relpeflively as atoreisid ; and alfo, for the laid Annuity-or yearly Kent or Sum of Five tl.Qiilahd Founds; ana alio, luclt lntereft as aforciaid to the laid Far! A'cljcn and the Heirs Male of the Body of ;he laid Farl, or to fueh other Pcrlon or Perl’ons as fhall be entitled to receive the Whole or any Fart of the laid Annuity as aforelaid, at the telpeftive quarterly Days in this Act befoie appointed for Payment thereof, without any further or other Warrant to be fued for, had, or obtained in that Behalf.
XIII.	And it is hereby further ena&ed, That after flgning of fuch Warrant, the fame fhall be good, valid, anti effectual in Law, according to the Purport and true Meaning thereof and of this Adt, and lira] 1 not be determined or revocable by or upon the Demite of His Majefty, (whom God long preferve), or any of His Heirs or SuccefTors, of by of upon the Death or Removal of any of the laid Commiflioncrs ot the Treafury or the Lord High Treafurcr, or by or upon the Determination of the Power, Office or Oliiccs of them, or any of them.
XIV. And be it further enadled, That the CommtlBoners of the Treafury now being, and the High Trcalurer of the Treafury for the Time being, Chancellor and Under Trcstuier, Chamberlains and Ba’rons of the Exchequer, and all othtr the Officers and Mihliters of the Cdurc of Exchequer, and of the Receipt thereof, now and lor the Time being,, lhall, and they are hereby authorized and ftricLy enjoined and required to do, without Fee or Reward, all furh Acts, Matters, and Things as are htrein-before direfled and required, or (hail be nectflary to be done and performed by them, or any or either ot (hern, in ordet to render this Ait and the levcral Payments hereby directed, eilVctual.
XV.	And be it enaited, That the Acquittance or Acquittances, Receipt or Receipts of the (aid Truftecs relpeClivcly, for the fcveral Sums fo directed to be paid to them, and of the laid Earl Nclion, and the Heirs Male of the Body of the laid Earl Ntl/oi:, and ot fueh other Pcrfon or Perfons as fhall be entitled or authorized to receive the faid Annuity of yearly Kent or Sum, or any Par; thereof, or any fuch lntereft as atoreiaid, lhall be a good and iufficient Diicharge for the Payment of fuch ieveral Sums, without any further or other Warrant to be Led tor or obtained in that Behalf, and that the faid Annuity or yearly Kent or Sum, and the faid Sums, and every Part thereof, fhall be fiee and clear from all Taxes, fmpofitions, and other Publick Charges whatioever; and in cafe any of the Officers of the Receipt of His Majeliy’s Exchequer fhall rclufe or ncgleit to pay the faid Annuity or yearly Kent or Sum, or levcral Sums, or any Part thereof, according to the true Intent and
4	Meaningi2?9
a6° GEORGII III. Cap. 146.
Meaning of this Aft, or to do any Aft neceflary to enable the faid Truf-tres reipeftively, and the faid Farl Nel/on, and the Heirs Male of the Body of the faid Earl, and fuch other Pcrfon or Perfons as ihall be entitled to receive the faid Annuity, or any Part thereof, to receive the fame, then the faid Truflees refpe.ftivelv, and Earl, and the Heirs Male <if the Body of the laid Etui, and fuch other Pcrfon or Perfons as ihall be entitled to receive the faid Annuity, or yearly Rent or Sum, or any Part thereof, may ffom Time to Time fue, profecute, and implead fuch Officers, or any of them, their Executors and Adminiftrators, by Bill,
Plaint, or Aftion of Debt, and (ball or may recover Judgements, and fue out Executions thereupon againil fuch Officers relpectively, their Heirs, Executors, or Ad mini ft rotors, for io much of fuch relpective Sums of Ninety thoufand Pounds and Twenty thoufand Pounds, and for fo much of fuch Sum or Sums of Money then due and owing upon tne laid iVnnuit'y, yearly Rent or Sum, or any Part thereof, or fur any luch Inte-reft as afore faid, as Ihall have been in the Hands of the Officer or Officers of the Receipt of the Exchequer at the Time or limes when Demands ihall have been legally made of the Payment of the faid Sums, or of the faid Annuity, yearly Rent or Sum, or any Part thereof as aforeiaid, or for the Refufal or Neglect to do any Act neceflary to be done by fuch Officer or Officers respectively.:
XVI.	And be it further enacted, That the faid Annuity, yearly Rent, Annuitynct or Sum of Five thoufand Pounds ihall be, and the fame is by this Aft aliened, or veiled in the faid Earl Nel/on and the Heirs Male of the Body of the
faid Earl, and fuch other Pcrfon to whom the faid Title, Honour, an ^ Jointures Dignity of Earl Nelftn ihall defeend, and that the fame or any Parc aforeiaid. thereof ihall not at any Time or l imes hereafter be aliened, conveyed, difpofed, charged, or incumbered by the laid Earl, or by any of the Heirs Male of the Body of the faid Earl, or by any ocher Pcrfon becoming entitled to the laid Annuity as aforeiaid, tor any greater or larger Eilate or Time than during the natural Life of the Perfon fo aliening, cpnveying, difpoling, charging, or incumbering the lame, or fo as to prevent the fame from ddcendmg to the Heirs Male in Tail, according to the Limitation aforeiaid, other than, and according to and in purfuancc of the Power for making fuch Jointures as aforeiaid.
XVII.	And be it further enafted, That it ihall be lawful for the faid Trafleesem-
Trultccs to whom the laid Sum of Ninety thoufand Pounds is hereby	*°
granted as aforeiaid, and they are hereby required to lay out and invelt J/janj'lontaK) the laid Sum of Ninety thouiand Pounds, or any Parc chereof, in the be called Purchate of a Manfion-Houle, and of any Freehold Manors, Lands, Irafalgar Tenements, and Hereditaments, of a good Eftate of Inheritance in
Fee Simple, in Poflcffiori, to be tree from Incumbrances (except bee-	’ "
Farm and Quit Rents, and. other Rents Services) and to be lituate in any Part of Lireat Britainy and the Lid Manlion Houle fliall thereupon be Called Trafalgar Houje \ and the laid Maniion-Houfe, bieehold Minors, Lands, Tenements, and Hereditaments Ihall, when fo purchaled, be forthwith fettled, conveyed, and affined to the Uic of luch Perfons, and tor luch Eftates as the faid Annuity of Five thoufand Pounds, by virtue of the Limitations in this Act contained, is limited to.
XVIII.	Providedfio
12
After Pay* menc of the Money,Truf-tees to lay the
E .hequer Bhs, See, till the fame can be in-
46° GEORG1I III. Cap. 146.
XVIII. Provided always, and be it further enafted, That if on the Pavment of the laid Sum of Ninety thoufand Pounds, or any Parc thereof, tofuch Truftees as aforefaid, the faid Truftees (hall not be able immediately to invell the fame in anv fuch Purchale as aforefaid, then and in fuch Cafe the faid Truftees (hall, and they are hereby required to lay out luch Sum of Ninety thoufand Pounds, or fuch Part thereof ai cannot be fo invefted as aforefaid, in Exchequer Bills, or in any other Government Securities, and to keep the fame fo invefted in Exchequer Billi, or fome Government Securities, bearing Intereft until the fame can be invefted in any fuch Purchale as aforefaid, and in the mean Time, and from Time to Time to pay the Intereft arifing therefrom to the faid Earl Nelfon, or the Perfon entitled for the Time being to fuch Annuity as aforefaid.
Manors, Sic. XIX. Provided always, and be it further enafled, That the Manors, Bouohefub- Mtfldjgt-s, Lands Tenements, and Hereditaments fo to be purchafed jcttioDower. 3, aforefaid, (hall not be fubjrfl to Dower of the Wife or Wives of the faid Earl Nelfon, or of any of the Perfons who may lucccftively be feifed thereof under the Limitations aforefaid.
cept £on Houfe, &c.) for 2
Earl Nelfon XX. And be it further enafled, That it (hall be lawful for the faid empowered gsrl Nelfon, and fuch other Perfon or Perfons as dull for the Time being to leaf* 'he ¡n p0(p.(plun 0f or entitled to the Rents and Profits of the faid Manors, the Man- Lands, Tenements, and Hereditaments fo to be purchafed as aforefaid, as and when they fhall refpeflively be in the Poftefiion or entitled as aforefaid, to grant, dtmife, and leafe all or any of fuch Manors, Lands, Tenements, and Hereditaments, which (ball be fo purchafed as aforefaid (except fuch of them as fhall confift of a capital Manfion Houfe, Gardens, and Park, intended for the aftual Refidence and Occupation of thofe who, for the Time being, (ball be entitled in Pofleffion to the Rents and Profits of the faid purchafed Eftates), to any Perfon or Perfons for any Term or Number of Years, not exceeding Twenty-one Years in Pofleftion, but not in Roverfion, Remainder, or Expeflancy, or by way of future Intereft, fo as upon every of fuch Leafes there be referved and made payable during the Continuance thereof refpeflively the bell and moll improved Yearly Rent or Rents that can be reafonably had or obtained for the fame, without taking any Sum or Sums of Money by way of Fine or Income, for or in refpefl: of fuch Leafe or Leafes, and fo as the Leilces to be therein refpeflively named, and their refpective Executors, Adminiflrators, or Afligns, be not made difpuniihable of or for Wade by any exprefs Words therein, and fo as that in every fuch Leafe there be contained a Condition or Claufe of Re-entry for Nonpayment of the Rent or Rents to be thereby refpectively referved, and fo as fuch refpective Leffees duly feal and deliver Counterparts of fuch Leafes refpectively.
vdmaygrant XXI. And be it further enacted, That it (hall be lawful for the faid Earl Nelfon, or the Perfon entitled for the Time being to fuch Manors, Mefluagcs, Lands, Tenements, or Hereditaments, with the Confent in Writing of the Truftees fur the Time being, by Indenture fealed and delivered in the Prefence of and attefted by Two crtdible Witnelles, to demife, leafe, and grant unto any Perfon or Perfons who (hall be 5	willing
Building .Lealci. for ®o Years.I 2 8 5
46° GEORGII III. Cap. 146,
wlRing to Build upon the fame, in the Manner by the Leafe or refpective Leafes fo to be granted, to be fpecified for any Term or Number of Years abfolute, not exceeding the Term of Ninety Years, to take effecc in Poffelfion and not in Reverfion or by way of future Intereft, with Liberty for the Leffee or Leffees to take down all or any Part or Parts ol any Buildings which may be (landing upon the Premifes in any fuch Leafe or Leafes refpectively, to be comprifed, and to convert and dilpole of the Materials thereof, to fuch Ufes and Purpofes as (ball be therein mentioned and agreed upon, and alfo to lay out and appropriate any Parc of the Premifes to be comprized in fuch Leafe or Leafes, as or for a Yard or Yards, Garden or Gardens, to any Building or Buildings which maybe built upon the Premifes, or as and for a Way or Ways, Street or Streets, Road or Roads, Avenue or Avenues, Paffage or Paffages, Sewer or Sewers, for the Ufe and Convenience of the Leffee or Leffees, or other Tenants or Occupiers of the Premifes, in fuch Manner as (hall be mentioned and agreed upon in fuch Grant, Leafe or Demife, together with fuch Privileges and other Eafements as (hall by the laid Truftees be deemed reafonable or convenient, fo as there be referved in and by fuch Leafes, Demifes, or Grants refpectively, the bed and moll improved yearly Rent that can be reafonably had or gotten for the lame, to be made payable Quarterly, free from all Deductions wbatfoever, regard being had to the Value of the Buildings (if any) to be comprized in fuch Demifes or Leafes without taking any Fine, Premium, or Foregift, or any Thing in the Nature thereof, for the making of fuch refpective Leafes; and fo as there be contained in fuch Demifes or Leafes refpectively, Covenants from the refpective Leffees to pay- the Rent thereby referved, to build and keep in Repair the Meffuages, Erections, and Buildings which may be agreed to be erected and built on the Premifes, and to furrender and leave in repair the Meffuages, Erections, and Buildings to be erected and built upon the Premifes thereby refpectively to be leafed at the End of the Term or Terms in fuch Leafes granted, and fo as there be contained in fuch Demifes or Leafes refpectively, a Power for the Leffors, and their Surveyors and Agents, to enter upon the Premifes, and to infpect the State and Condition thereof, and all fuch other ufual and proper Covenants, Provifoes, and Conditions, on the Parts of, the refpective Leffees as are ulually contained in Building Leafes, and fo as tnere be alfo contained in fuch Leafes, Demifes, nr Grants relpec-tively, Conditions of Re-entry for Non-payment of the Rents to be thereby referved on Non-performance of the Covenants, Provifoes, or Conditions on the refpective Leffees Part, and fo as the refpective Leffees do fevcrally execute Counterparts of their reipective Leales.
XXII. And be it further enafted, That it (hall not be lawful for The E.rl ftt the laid Earl Nelfort, or the Perlon or Perfons who for the Time being £fn7,“ebe Brail be entitled in Poffcffion to the Rents, Iffues, and Profits of the anfwerabieia Manors, Lands, Tenements, and Hereditaments, fo to be purchafed and Damages for fettled as aforefaid, to commit or permit any Rind of Walle in or upon Waite00 the fuch Manors, Lands, Tenements, or Hereditaments, or in or upon any	-c.
Part thereof; and if the laid Earl Neljou, or ..ay fuch other Perlon or Perfons as aforefaid, (hall at any Time or Times, commit or permit any fuch Waite, then and in every fuch Cafe the (aid Earl, or any other fucti 14. Y	Period1282
Alleging th making of Bricks or digging of Quarries.
FHMaicn ai tf felling of Timber.
46° GEORGII III. Gap. 146.
Perfon or Perfons as aforefaid, To committing or permitting any fuch Waftr, and his or their Heirs, Executors, and Adm’miJJrators, ihall be refponfible in Damages to the Truftees for the Time being, and ihall accordingly, by virtue of this Adt, be fueable at Law by the laid Truftecs in an Action upon the Cafe for fuch Damages*, and in every fuch Action in which Judgement ihall be given for the Plaintiff, Cofts (hall be awarded againft the Defendant or Defendants; and all fuch Monies as ihall be fo recovered for Damages and Colts ihall, after Payment of all Fxpences and Charges which ihall be incurred, or ihall aril'c in Execution of this Part of the Trufts of this Adi, be applied, by the faid Truftecs for the Time being, in Improvement of any «f the Manors, Lands, Tenements, and Hereditaments, lo to be purchafed and fettled as aforefaid, bv Repairs, Buildings, Plant;ng, Inclofure, Draining, or otherwi'.e, in the fame Manner as is herein-after directed, concerning the Application of the Rcfuuary Surplus Money, from Sale of Timber, under the Provi-fions hercin-after contained.
e XXIII. Provided always, and be it further enabled, That it ihall bp lawful for the faid Earl Ncifon, or the Perfon entitled for the Time being to the Rents and Profits of any luch Manors, Mcfluages, Lands, Tenements, and Hereditaments, with the Confent of the Truftees for the Time being, to dig any Brick Earth for making Bricks, or to fink, dig, or work any Quarries of Stone, Mines of Coal, Minerals, or other Mines, or with the Confent, in Writing, of the Truftecs for the Time being, to giant Leafes of any Land for the making of Bricks, or finking, digging, or working any fuch Quarries or Mines in any fuch Manors, Lands, Tenements, or Hereditaments, other than and except on any of the Gardens or Parks near to or furrounding the Manfion of Refidence as aforefaid, wthout being impeachable for any Wafte by reafon thereof.
XXIV. And be it further enabled, That it ihall not be lawful at any Time or Times to cut down or fell, or caufe to be cut down or felled, any Timber which ihall be growing or (landing in or upon the Manors, Lands, and Hereditaments fo to be purchaled and fettled as aforefaid, or any Parr, thereof, otherwife than in Manner hereinafter authorized ; and if any fuch Timber Ihall be felled or cut down in any other Manner than is hercin-after authorized, the Perfon or Perfons fo felling or cutting down luch Timber, or caufing the lame to be felled or cut down, ihall be re-fponfnle to the Truftecs for the Purpofes of this Adt for the Time being for the Value of the Timber (o felled and cut down, and (hall accordingly, by virtue of this A61, be fueable by the faid Truftees for the Time being in an Adlion upon the Cafe for the faid Damages *, and in every fuch Action in which Judgment (hall be given for the Plaintiffs, Treble Coils ihall be awarded againft the Defendant or Defendants j and all fuch Sums of Money as ihall be fo recovered for fuch Damages and Colls, Ihall, after Payment ot all Charges and Expences which Ihall be incurred, or arile in the Execution of this Branch of the Trufts of this Adi, be applied by the faid Truftees for the Time being in the fame Manner as hereinafter is diredted, in refpedt of the Refiduary Surplus Monies from the Sale cf Timber under the Proviftons for that Purpofe herein-after mentioned.
XXV. Ancf46° GEORGII III. Cup. 146.'	1283
XXV.	And be ir further enaded, That fome Time in the Month of Survey of November in every Year, when Occaiion fhall require, and the lame fhall Remade be requeued by the faid Far! Neljon, or the Perion for the Time being to annuaHv, n> whom the faid Title of Far! Neljon lhall defeend, a Survey and Valuation afeertain (ball be made by forr.e fit and proper Pcifon or Perlons to be appointed what is pro-by the Truilees for the Time being, of all fuch Timber (landing, grow- Pertot>ecut» ing, and being in or upon the faid Manors, Lands, and Hereditaments
fo to be purchaled and fettled as aforefiid, as it fhall be the Willi of the laid Earl Nelfon, or the Pcrfon for the Tim©being in Pofi’clhon or entitled as aforefaid, to have cut down in the Courlc of the enduing Year, and as fhall be fit and in proper Course, or be otherwife advantageous or proper to be cut down ; and fuch Survey and Valuation (ball Ik* reduced into Writing, and being fo written, (ball be figned by the Perfoh or Perlons appointed to make the fme, and be verified bv his or their Oarh ot Oaths,
(to be adminiftered to him or them by any Juilice of the Peace, any fuch Juilice being hereby authorized to adminiitcr the lame accordingly) ; and after fuch Survey and Valuation (ball be made anti iworn to as aforefaid, it (ball be lawful for the faid Trudees refpeclivelv, with the Confcnt and Approbation of the laid Earl Nelfon, or the Pcrfon for the Time being in poiicfiion or enruled to the Rents and Profits of the Manors, Lands,
Tenements, and Hereditaments, fo to be purchafed as aforefaid, (fuch Confents refpedtively to be teftified by Writing under the Hands of the Perfons giving the lame), to order and dircil, that 1o much of the faid Timber as (ball have been felected and marked for cutting by the Perlon or Perlons making fuch Survey and Valuation, fnall be forthwith cut down and felled, and fold and diipofed of, with all convenient Speed, for fuch Sum or Sums as to the laid Trudees (ball appear to be the bell Price or Prices that can reafonably be had or obtained for the fame.
XXVI.	And be it further enacted, That the Monies from Time to Application
Time to arife and be produced by every Sale of Timber as aforefaid, of Part of fhall be paid to and received by the faid Truilees for the Time being, thj* Money and the faid Truilees, afrer Payment of all Expences attending any fuch	-v 1 e
Valuation and Sale, (hall f rom Time to Time, in the firil Place let apart Timber, and appropriate fo much of the Surplus Monies as at the Time when
fuch Sale (ball be ordered as aforefaid, (ball be equal in Amount to One-fourth Part of the then urofs Yearly Rental of the faid Manors, Lands,
Tenements, and Hereditaments, which (ball be io purchafed and iettled as aforefaid, if the Produce of fuch Timber lhall amount to fo much, and do and (ball from Time to Time, by and out of the Monies which (ball be fo fet apart and appropriated, or by and out ot the Monies produced by the Sale of fuch Timber, pay to the Perlon who at the Time of fuch Order as aforefaid fhall be in the Poiie(T;on or entitled to the Rents, Iifues, and Profits of the faid Manors, Lands, Tenements, and Hereditaments fo to be purchafed and iettled as aforefaid, or to his Executors or Adminiftrators, Ten Pounds per Centum on the Amount ot fuch erofs Yearly Rental, for the Purpole of paying and reimburfing to fuch Perfon the Charges and Expences which may have been incurred bv him in the neceifary and incidental Repairs of the faid Edates, and do and (hall lay out and inveft the Refidue of the Monies (which (hall be fo let apart and appropriated as aforefaid) in or upon any Government ' 1	Stocks1284
Further Directions as ti Lhe Applies
46* GFORG11 HI. Cap. 146.
Stocks or Funds, or at Intereft, on any Real Securities, in the Names oF the raid Truftees for the Time being •, and the faid Truftces in whole Names the fame ft all be fo inverted, ftall (hand and be poffefied of and hue refled in the faid Stocks, Funds, and Securities upon the 1 rufts following, (that is to fay), upon Truft from Time to Time, during the Life of the Perftn who ftall for the Tube being be fo in l ofleflion or entitled to the faid Manors, Lands, Tenements, and Hereditaments as aforefaid, at the Time fuch Timber ftall in Manner aforefaid be ordered to be felled and cut down, to receive the Dividends and Interelts, and, annual Proceeds of lhe faid Stocks, Funds, and Securities, and to lay out and inveft the fame Dividends, Interefts, and Annual Proceeds, in or upon any fuch other Stocks, Funds, and Securities as aforefaid, in the Way of Accumulation, and ft from lime to Time during the Whole of the faid Life, as to the lntereft, Dividends, and Annual Proceeds of fuch other Stocks, Funds, and Securities, or of any fuch Stocks, Funds, or Securities, in or upon which any like Accumulations ftall afterwards during fuch Life be invefted or placed out, and from and immediately after the Death of the Pcrfon fo having been in the Pof-feiflon, or entitled as laft aforefaid, then as to all the faid original Stocks, Funds, and Securities, and alfo as to all thofe from fuch Accumulations as aforefaid, in Truft for all and every or fuch One or more of the Children of the Perfon fo having been in Pofieflion, or entitled as lair aforefaid (other than and except his elded or only Son) at fuch Age or Aoes, Day or Days, and Times, and in fuch Parts, Shares, and Proportions, and with fuch Maintenance in the mean Time, until the Alignment or Transfer of their refpective Shares, and (object to fuch Frovifots and Limitations over, (fuch Proviioesand Limitations neverthelefs to be for the Benefit of fome or one of the fame Children, except as aforefaid), and in fuch Manner and Form as the Father fo for the 1 ime being, m> Pofieflion or entitled as aforefaid, by any Deed or Deeds, Writing or Writings, with or without Power of Revocation or new Appointment* to be by him lcaled and delivered in the Prefence of, and aticfted by, Two or more credible Witnefies, or by his laft Will and I eftament in Writing, or any Codicil or Codicils thereto, to be by him figned and pub-lifhed in the Prefence of the like Number of credible Witnefies, Ihall direct or appoint; and in Default of and fubject to fuch Direction or Appointment, then in Truft for all and every the Child and Children of the Perfon fo having been in Pofieflion, or enitled as laft aforefaid (other than and except his cldeft or only Son) in equal Shares and Proportions (if more than One) and if there ihall be but One iuch Child then in Truft for fuch One Child, and to affign, transfer, and make over the Share or Shares of fuch of them as ihall be a Son or Sons to him or them, at his or their Age or refpective Ages of Twenty-one 1 ears, and the Share or Shares of iuch of them as ihall be a Daughter or Daughters to her or them, at her or their Aue or refpective Ages of 1 wenty-one Years, or Day or refpective Days\>f Marriage which ihall firit happert after the Deceafc of the Perlon io having been in Pofieflion, or entitled as laft aforefaid.
XXVII. Provided always, and be it further enacted, That in Default 3 of fuch Direction or Appointment as aiorcfaid, and in cafe any fuch Chi d 3	or46® GE OR GII III. Cap. 146.
1285
or Children being a Son or Sons ("other than and except as aforefaid) tionoffacli iliai} attain the Age of Twenty-one Years, or being a Daughter (hall attain the like Age, or be married in the Lifetime of the Perfon fo ver„mtnt having been in PolTeffion, or entitled as lad aforefaid, then and from Securities, thenceforth the Share cr Shares of fuch Son or Sons fo attaining the Age of Twenty-one Years, (other than and except as aforefaid), and of iuch Daughter or Daughters fo attaining the like Age, or being married before fuch Ane, of, in, and to the faid Trull Stocks, Funds, and Securities laft mentioned, or fuch Part of the faid Stock, Funds, and Securities as (ball not have been fo directed or appointed as aforefaid, (hall refpectivelv be, and be confidered as a veiled ltitereft, or veiled Interells in the fame Child or Children, and Ihall be tranl'milTible as fuch to his, her, or their Executors, Adminillrators, or AlTigns, norwithftanding the Death of fuch Child or Children afterwards in the Lifetime of the Perfon. lo in the Po/Tcffion, or entitled as lall aforeiaid.
XXVIII. Provided alfo, and be it further ena&ed, That if any fuch s,13™Lof Child, beinc; a Son, Ihall die, under the Age of Twenty-one Years, or	r“o
become an elded or only Son, or being a Daughter, dial! die under that i„ certain Age, without having been married, then and in fuch Cafe, and in De- Cafes toSur-fault of and fubjeft to luch Drredlion or Appointment as aforefaid, the vivors' Share of each luch Son lo dying or becoming an elded or only Son, and of each fuch Daughter fo dying without having been married as aforefaid, of and in the faid Trull Stocks, Funds, and Securities, (other than what ihall have been adtually applied for the Advancement of luch Son or Sons, as herein-after mentioned), ihall from Time to Time go and accrue to the Survivors or Survivor, and others or other of the fame Children, and the refpecttve Executors, Adminillrators, and Alfigns, or luch of them as ihall be dead, having firft acquired a veiled Intereft in their refpedtive original Shares, and be equally divided between or amongll fuch Survivors and others of them, and the faid Reprcfentatives of thofe who Ihall be dead, (if more than One), in equal Shares and Proportions, and Ihall be transterrable and payable at the lame Ages, Days, and Times refpeaively, as his, her, or tbeir original Share or Shares; and fuch Benefit of Sur-vivqrflup or Accruer Ihall extend as well to the furviving or accruing as 10 the original Shares.
XXIX. And be it further enacted, That in the mean Time, after Until Trot the Death of the Perfon fo having been entitled or in PolTclfion as lall bunbbc-'aforefaid, and until the faid Trull Stocks, Fund's, and*Sccurities, ¡hail 'become alfignable or transferable by virtue of the Trulls aforefaid, Dividend! to ■the Dividends, lnterell, and annual Proceeds thereof, or of fo much bepaidGuar-thercof, whereof no fuch Direction or Appointment lliall have been made ^ibuenunce as aforefaid, (hal! be paid to the Guardian or Guardians for the Time 0f Children, being of fuch Child or Children, whole Share or refpective Shares of the fold Trull Stocks, Fuqds, and Securities, Ihall not then have become allignable or tràpsferrable as afordaid, to be applied for and towards the Maintenance and Education, and tor the Benefic of the lame Cl ild or Children, (if more than One), according and in proportion Co their lèverai apparent or preemptive Rights and Shares,, in the faid Trull Stocks,
Tunds, and Securities.
I- ' •"( ’•	14 Z
XXX. Provided:12.56
Trufleeo empowered in Default of Oiher Appointment, xo difpofe of Shares of Sons to a cer-uin Amount ror their Benefit.
In cafe of no Children,
be poflefled of the Truft
Funds for the Executor?,
Sic. ofthe Perfoo dying in PoiTeflior..
Trufteee, with Confent of the Perfon in Poffeifion, may change the Securf-
Trsftees vo apply the Rcfidue of the Money arifing by the Sale of Tim-kcr in the Improvement of the Manors to be pu'rohafed.
4<j° GEORGII III. Cap. 146.
XXX.	provided always, and be it further enacted, That in default of fuch Direction or Appointment as aforeiaid, it (hall be lawful for the fai.l I'ruilees, for the Time being, of the faid I aft mentioned Trult Stocks, Funds, and Securities, after the Deceafe of the Perfon fo having been in Pofltfuon or entitled as 1 .11 aforefaid, to fell and difpofe of, or call in and receive any Part of the Share or Shares of Inch Child or Children, being a Son or Suns, of and in the faid Trull Stocks, Funds, and Securities, fo as the Sum or Sums to be raifed or called in do not exceed the Sum of Five thoufind Pounds in the Whole for any One fuch Son, and to apply the fame Sum or Sums for placing out loch Son or Sons in any Profeflion or’Employment, or for his or their Inllruction therein, or for purchafing him or them a Commiftion in the Army, or otherwife tor his or their Advancement or Benefit, notwithftanding fuch his or their Share or Shares fnall not then have become veiled, due, and payable.
XXXI.	And be it further enacted, That in cafe the Perfon fo in Pof-fellion or entitled to the faid Manors, Lands, Tenements, and Hereditaments as laft aforefaid, (hall die without having any Child or Children who (hall live to become entitled to the faid laft-mentioned 'l vtift Stocks, Funds, and Securities, then and in fuch Cafe the Truftees thereof for the Time being (hall (land pofleffed of and interelled in the fameTruft Stocks, Funds, and Securities, in Trull for the Executors or Adminiftrators of the Perfon fo dying having been in Poffeffion and entitled as lad aforefaid, and to align, transfer, and make over the ftme accordingly.
XXXII.	And be it further enacted, That it (hall be lawful for the faid Truftee«, with the Confent and Approbation in Writing of the Perfon fo in Poflefilon or entitled to the Rents, I(lues, and Profits of the faid M; nors, Lands, Tenements, and Hereditaments, for the Time being, to fell and difpofe of all or any Part of the faid laft-mentioned Trull Stocks, Funds, and Securities, and to lay out and invert: the Monies thereon arifing in or upon any other fuch Government or Real Securities as aforefaid, and in likr Manner to alter, vary, and change fuch other Government Stocks, Funds, and Real Securities, for others of the fame or the like Nature, and fo from Time to Time as often as (hall be deemed expedient, fubject always neverthelefs to the Trulls thereof herein-before declared.
XXXIII.	And ns to, for, and concerning the Refidue of the Surplus of the Monies which (hall from Time to Time arile and be produced by every fuch Sale of Timber fo to be cut down and felled as aforefaid, after fetting apart and appropriating fo much thereof as is herein directed to be fet apart and appropriated for the Purpofes aforefaid ; be it further enacted, That the (aid Truftees of this Act for the Time being (hall apply all fuch refiduary Monies in fuch Improvement and Melioration of the faid Manors, Lands, Tenements, and Hereditaments, fo to be purchafed and fettled as aforefaid, or of fome Part thereof, by Buildings, Reparation, Planting, Inclofure, Draining, or otherwife, as the Truftees of this Act for the Time being, with the Confent of the faid Earl Nclfon, or the Perfon or Pe.fons leifed of or
15	entitled46o GEORGII III. Cap. 14G.	1237
entitled to the faid Manors, Lands, Tenements, and Hereditaments in PofiTeffion, for the Time being, or, in cafe of Infancy, his or their Guardian orGuardians for the Time being, Hull think mil proper ¡ or if the laid Truftees for the Time being, or a Majority of them, ihall difagree with the faid Earl Neifm, or the Perlón or Perfons fo ieifed or entitled as aforeihid, or his or their Guardian or Guardians about the Manner of fuch Application, then as the Lord High Treafurer, or Firft Com-miifioner of the Treai'ury for the Time being Hull, on a Reference to him by any of the Parties who (hall fo differ, by any Writing or Writings to be Ruled and delivered by him, direct and appoint.
XXXIV. Provided always, and be it further enacted, That it fhall be Truiltei, lawful for the Truftees tor the Time being of the fail! Earl, or of fuch witheonfent other Perfon on whom the faid Title fHall defeend, with the Confent and íjj Approbation of the Perfon or Perfons for the Time bring entitled in	Jia"!
Poflrliion to the Rents and Profits of the faid Freehold Manors, Lands, »or.-, See. fo Tenements, and Hereditaments,.fo to.be purchafed as aforefaid, fuch to be par-Confent and Approbation to be teftified by Writing under his, her, or their Hand and Seal, or Hands and Seals, and attefted by Two or more credible Mjnfion, See. Witncfies, to convey by way of Sale, or by way of Exchange, for or in intended for lieu of, or to fell any Manors, Mefiuages, Lands, Tenements, and Here- Refidence), diraments before purchafed, for the Purpofe of purchafing any other ““^e?‘lrch‘‘le Freehold Manors, Lands, Tenements, or Hereditaments, of a good Eftate of Inheritance, in Fee Simple in Poffeflion, and to be free from Incumbrances, and fituateas aforefaid, all or any of fuch Manors, Lands, Tenements, and Hereditaments, fo to be purchafed. as aforefaid, (except fuch of them as fhall confift of a Capital Manfion Houle, Gardens, and Park, intended for the actual Refidence and Occupation of thofe who for the Time being (hall be entitled in Poficffion to the Rents and Profits of the faid purchaied Eftates, unto any Perfon or Perfons, and his or her Heirs or Aligns refpectively,' either together or in Parcels, for fuch Equivalent in Money, or in Freehold Manors, Lands, Tenements, and Hereditaments, as to them the Truftees for the Time being ihall feem meet; and it fhall be lawful for the Truftees for the Time being, and they are hereby required to lay out and inveft the Purchafe Money which Ihall arife from every or any fuch Sale, or any Part thereof, in the Purchafe of other Freehold Manors, Lands, Tenements and Hereditaments, of a good Eftate of Inheritance in Fee Simple in Pcfleflion, free from Incumbrances, and licúate as aforefaid, and in the mean Time do and Ihall lay out and keep inverted in Publick Stocks, or Government Securities, in their Names, the Purchafe Money to be received as aforefaid, or fo much thereof as Ihall not have been applied in the Purchafe of other fuch Manors, Lands, Tenements, and Hereditaments as aforefaid, and paying and applying the Intereft, Dividends, and Income thereof, to the Perfon who for the Time being would be entitled to the Rents and Profits of fuch Manors, Lands, Tenements, and Hereditaments, if fuch Purchafe had actually been made, and when all or any of the faid Manors, Lands, Tenements, and Hereditaments hereby made exchangeable as aforefaid, Ihall be fo difpoied of, and conveyed in exchange for or in lieu of any other fuch Manors, Lands, Tenements, or Hereditaments as afortiaid, and when all er ,’ny other fuch Manors, Lands, Tenements,
andisSS.
46° GE OR (ill III. Cap. r 46.
and Hereditament«, (lull have been purchafed with Money arifing from any fuch Sale or Sales as aforcfaid, the Fee Simple and Inheritance of loch Manors, Lands, Tenements, and Hereditaments fo taken in Ex-ehanse or purchafed as )alt aforcfaid, (hall be well fettled, conveyed, and allured to the Ufe of fuch Perfons, and for luch Eftates, and under and fubject to fuch Powers and Provilions as the laid Manors, Lands, Tenements, or Hereditaments, which (hall by virtue of this Act be lo difpofed of by wav of Sale or in Exchange, would, under the Limitations in this Act contained, have Hood limited if the fame had not been fold or exchanged; and all and every I’erfon and Perfons to whom any fuch Conveyance of all or any of the faid Manors, Lands, Tenements, and Hereditaments hereby made faleable or exchangeable as afoieiaid, fhall have been made by way of Sale or in Exchange, and the refpccuve Heir« and Alliens of fuch Perlon and Perfons, fhall and may have, hold, and enjoy the Hereditaments which fhall by them refpectively be purchafed or taken in Exchange, freed and abfbluiely difeharged of and from all the flics* Effaces, Charges, Powers, and Provifions hereby limited, exceeded, and declared of and concerning the lame Hereditaments (other man and except luch Demifes or Leafes as fhall have been previoufly made in purfuance of ihe Powers in that Behalf herein contained).
?nwir of appointing new Txuftees.
XXXV. Provided alfo, and it is hereby further enacted, That upon
the Deaih of any of them, the faid Honourable George Waif ole, Alexander Davifon Efquire, or William Baflcwaod Efquire, or of any Perlon or Berlins who (hall become a Trullee or Truftees under the Power of Appointment herein contained ; and alfp in cafe they the ktid Honourable Georre Waif ole, Alexander Davifon, or Wtlham Hajlewood Elquirr.s, or fuch new Trullee or Truftees who fhall be appointed as nercin mentioned, or any or either of them, (hall deftre 10 be difeharged from or decline to act in the Trulls in and by this Act declared, then and in every fuch Cafe, and with all convenient Speed, alter the happening of every luch Cafe, the laid EarlNel/en, or the Perfon or Perfons who Stall for the l ime being be entitled in Poflcffioo m the faid Annuity of Five thouland Pounds hereby charged upon the faid Consolidated Fund or to the aid Manors, Lands, Tenements, or Hereditaments, lu to be purchaled a, aforefaid, or if luch Perfou or Perfons fhall be under the Age of Twenty-one Years, then his, her, or their Guardian or Guardians, with the Confcnt in Writing of the Firft Commmiffioner of the T .ealury, or the Lord High Treafurer for the Time being, fhall by fume Deed or inltru-uon in Writing under the Hand and Seal of the iipd Earl Nel/en, or the Perlon or Perlons for the Time being fo entitled as aforciaid, or luch his, her, or their Guardian or Guardians as aforciaid, nominate any other Perlon or Perlons to be a Truftee or Truftees in me Room of the Trullee or Truftees io dying or defiring to te difeharged, or declining. U) act as aforciaid ; and inch new Truftee and Iruftees fhall have and be invefted with luch and the fame Powers, in aft Helpects, asuf he or they had been originally nominated a jl ruftee or 1 ruftees m and by nh t Act; and after every Inch Appointment of a new 1 rude? or i rutos, fuch Conveyances and Ac. fhail be executed and done, as (hall be rs-quifite for vetting the Ettate and lntcrell of and in all and ^guUr.™ Trull Premies in the continuing Truftees or Truftee (>f any fuch there46° GEORGII III. Cap. 148.	1289
be); and fuch nc.v Truftees or Truftee conjunctly, to and for all Intertts and Purpofes whatfoever, or in fuch new Truftees or fuch new Trultee only, according to the Nature of the Cafe ; and in the mean Time the Truft Premifes (hall be and remain in the retraining Truftees thercef for the Time being, or the Survivors or Survivor of them, or the Executors or Adminiflrators of fuch Survivor, or his Heirs, according to the Nature of the Trull Premifes.
XXXVI.	And be it further enacted, That it (hall be lawful for any Three Truf. Three of the Truftees for the Purpofes of this Act for the Time being,
to do and execute all fuch Acts, Matters, and Things, in Execution of the except i(1' ’ Truft, as all the laid Truftees refpectively are hereby authorized and cm- certain powered to do, and the fame ihall be as valid and effectual as if the fame Cafes, had been done and executed by all the faid Truftees refpectively: Provided always, that in every fuch Act, Matter, or Thing, the faid Lord High Treafurer, or Firft Commiffioner of the Treafury, or Chancellor of the Exchequer, Ihall be one, fave and except as to any Jointures or Charges by this Act allowed to be made on the faid Annuity of Five thoufand Pounds, or any Eftates purchafed under this Act, or as to the Cutting or Sale of any Timber, or Difpofttion of any Monies arifing therefrom.
XXXVII.	And be it further enacted, That it (hall and may be lawful The Traf-
for the Speaker of the Houle of Commons, the Lord High Treafurer tees by virtue or Firft Lord Commiftioner of the Trealury, the Chancellor of the	'ovv-
Exchequer, the Firft Lord Commiftioner of the Admiralty, and thecredtoap-Treafurer of the Navy refpectively, for the Time being, from Time to pointPerfoni Time, by Writing under Hand and Seal, to appoint a Perfon to act in to aft for alloranyof theTruflsof this Act, and either, under l'uch Exceptions 1 em‘
and Redactions as to fuch Speaker of the Houle of Commons, Lord High Treafurer or Firft Lord Commiftioner of the Trealury, the Chancellor of the Exchequer, the Firft Lord of the Admiralty, and the Treafurer of the Navy for the Time being, ihall feem meet, or without any Exception or Redaction ; and alfo from Time to Time to remove fuch Subftitute, and to appoint any other Perfon for the fame Purpofe; and all Things which (hall be done by any Perfon fo appointed as aforefaid, within the Compafs and during the Continuance of fuch his Appointment, (hall be as valid and effectual for the Purpofes of this Act as if fuch Things had been done by the Speaker of the Houfe of Commons, the Lord High Treafurer or Firft Lord Commiffioner of the Treafury, the Chancellor of the Exchequer, the Firft Lord of the Admiralty, or Treafurer of the Navy who Ihall make fuch Appointment.
XXXVIII.	And be it further enacted, That the faid Truftees for the Truileesan-Time being of this Acr, or any of them, Ihall not be charged or charge- <"erabic only able with or accountable for any more of the Truft Monies and Premifes -proit Mo than they (hall refpectively actually receive, or ihall come to their refpec- „¡cs and P<r-tive Hands by virtue of the Trults herein declared, nor with or for any miles as lhail Lois which Ihall or may happen of the fame Truft Monies and Premifes, aiLaIjycome or any Part ihereof, fo as fuch Lofs happen without their wilful Neglect
or Default; and that it (hall be lawful fur the fame Truftees for the Time ■5 A	being.4.6° GEORG li IH.
1 Z9°	^	. ,	th„ f.r|y Dlace by and “ut of the Monies
being, an,I every ot them^ b , of die fai'd Trufts, to deduct, which Arali come to their Ha■ ectivci ai| fuch Colts, Charges,
Their Ex- retain to, and reimbu	(hall ref ive,y Day> bear fuftam,
- «*■* iot-
foever relating thereto.
I ON noN- Printed by George Eyre and Andrew St rah am, L ° ND?rp;;rs,o the King's mot Excellent Majtiiy. . 806.
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