SETTLE MENTS. (I.) Power to divide and enclose common Fields. See ante, p. 359, notes. "PROVIDED ALSO, and it is hereby further declared and agreed by and between the several parties hereto, according to their several estates and interests, that it shall be lawful for the said (intended husband) in his lifetime, and for the said (intended wife) after his decease, in case she shall survive him, and after the decease of both of them, for the trustees or trustee for the time being, for the preservation of contingent estates, during the minority of any child or children as aforesaid, in or by indenture or indentures to be by him, her, or them signed, sealed, and delivered in the presence of two or more credible witnesses, to consent or agree to any settlement, division, partition, or enclosure of any common or commons, common fields or woods, waste or other lands, part or parts of the manors, lordships, messuages, lands, tenements, or hereditaments comprised in these presents, to be made with any other proprietor or proprietors, or other person or persons interested in such common or commons, common fields, woods, wastes, or other lands respectively, and to do, perform, and execute all such acts, deeds, matters, and things, as shall be requisite or proper for the granting, conveying, or otherwise assuring, to such other proprietor or proprietors, person or persons respectively, the fee-simple and inheritance of and in such part, share, parcel, lot, or allotment, and parts, shares, parcels, lots, and allotments of or in such commons or common fields, wastes, woods, and lands, as upon any such division, partition, or enclosure, shall be assigned or allotted to him, her, or them, to be holden in severalty, or for otherwise completing and perfecting the same, so that all and every such lands as shall be assigned or allotted to be holden in severalty, shall, upon the making of any such division, allotment, partition, or enclosure, be well and effectually limited, conveyed, and assured to such and the same uses, upon such and the same MARRIAGE. Settlement of SETTLE- MARRIAGE. Settlement of Freeholds. (Full Form.) trusts, for such and the same ends, intents, and purposes, and by, and with, and under, and subject to such and the same charges, powers, provisos, limitations, declarations, and agreements, as the same stood limited and declared, at or immediately before the time of such division, allotment, partition, or enclosure being made, or to, for, upon, and subject to such of them as shall then be undetermined and capable of taking effect; and when any such division, partition, enclosure, or allotment shall be made, and the feesimple and inheritance of the lands which shall be thereupon assigned or allotted to be holden in severalty, shall be well and effectually limited, settled, and assured in the manner last aforesaid, then all and every the lands and hereditaments which shall upon the same division, partition, enclosure, or allotment, be assigned or allotted to be holden in severalty to or by such other proprietor or proprietors, or person or persons, as is hereinbefore mentioned, shall be and remain thenceforth for ever freed and absolutely discharged of and from all and every the uses, estates, trusts, limitations, charges, powers, provisos, conditions, declarations, and agreements in or by these presents limited, declared, or ́ expressed of and concerning the same; and then and from thenceforth these presents, and the grant and release, and limitations hereinbefore made, or agreed and intended so to be made, shall respectively operate, be, and enure as to and in respect of the lands and hereditaments which shall be assigned or allotted to be holden in severalty by such other proprietor or proprietors, or person or persons as aforesaid, to the only use and behoof of him and them the said proprietor or proprietors, or person or persons, and his, her, or their heirs and assigns, or otherwise as he, she, or they, by any deed, instrument, or writing, to be duly executed and attested according to the nature thereof, shall direct or appoint." SETTLE MENTS. (K.) Power to enfranchise Copyholds. See ante, p. 358, n. (3). "AND FURTHER, that it shall be lawful for the said (trustees to preserve, &c.) and for the survivor of them, and the heirs and assigns of such survivor, and their and his assigns, or other the trustees or trustee for the time being to preserve contingent remainders, and he and they is and are hereby authorised, empowered, and directed, by and with the consent and approbation of the said (intended husband) and (intended wife) or of the survivor of them, during their, his, or her life or lives, such consent and approbation to be signified under their, his, or her hands or hand; and after the decease of the survivor of them the said (intended husband) and (intended wife), then of the proper authority of them the said trustees or trustee, from time to time, and at all or any time or times hereafter, for or upon payment of any sum or sums, or other price or consideration in money, or otherwise, which he or they shall think reasonable, to enfranchise and make free all or any of the copyhold or customary messuages, lands, tenements, or hereditaments, parcel, or reputed parcel, of the said manor of and by any deed or deeds, to be sealed and delivered by him or them, in the presence of two or more credible witnesses, to grant, bargain, and sell, unto and to the use of or in trust for any person or persons whomsoever, the freehold and inheritance of the same messuages, lands, tenements, or hereditaments, so and in such manner as that the person or persons, to or for the benefit of whom such enfranchisements, grants, bargains and sales, shall be respectively made, and his and their heirs and assigns, shall and may respectively hold and enjoy the hereditaments which shall be so enfranchised, and of which the freehold and inheritance shall be so granted, bargained, and sold, as aforesaid, freed and discharged of and from all fines, and other payments, by way of fines for admittance, and of and VOL. VII. FF MARRIAGE. Settlement of SETTLE- MARRIAGE. Freeholds. (Full Form.) from all heriots, suits, customs, and customary services from thenceforth to grow, or which would otherwise grow due, to the lord or lords of the said manor, for or in respect of the same; yet so as upon every such enfranchisement, grant, Settlement of bargain, and sale which shall be so made, there shall be reserved and made payable to the lord or lords of the said manor for the time being, the ancient yearly rents and payments by way of chief-rents, quit-rents, or rent-services, with such suit of court in or to the said manor, or yearly rent and services, as by them the said (intended husband) and (intended wife) or (trustees), or the survivor of them, as aforesaid, shall be deemed to be as good and beneficial as the yearly rents, customary or annual payments, suits, or services which now are, or anciently and accustomarily were paid or rendered, or ought to have been paid and rendered, for the same, and also all such rights and privileges of fowling, hunting, and hawking, and of chasing, and of killing game and beasts of chase, and piscaries, and fishings, and other regulations and manual rights and privileges as were anciently used, exercised, or enjoyed, or might be rightfully used, exercised, or enjoyed by the lord or lady of the said manor for the time being." SETTLE MENTS. (L.) Power for charging the settled Premises with a Sum of Money (1). See ante, p. 358, n. (3). "PROVIDED ALWAYS, and it is hereby further agreed and declared by and between the parties to these presents, that subject and without prejudice to the said power of leasing and other the powers hereinbefore contained, and the term or terms of years, if any, which shall be limited under or by virtue of the same, or any of them, and notwithstanding any other of the said uses, estates, or trusts hereby limited or created or declared, it shall be lawful for the said (intended husband) (or as the case may be) (2) to borrow and take up at interest, any sum or sums of money, not exceeding in the whole the sum of £ on the security of all or any part of the lands and hereditaments hereinbefore granted and released, or otherwise assured, for his own use and benefit, or the benefit of any other person or persons whomsoever (3); and also by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of and to be attested by two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to be respectively signed, pub MARRIAGE. Settlement of Freeholds. (Full Form.) Eliz. (1) A power to charge a particular sum on the settled estates, Power to charge although it may operate in diminution or defeazance of prior not within 27 limitations, is held not to be within the 27th Eliz. c. 4, against powers enabling persons to revoke or alter their conveyances; see Jenkins v. Keymis, 1 Lev. 150. (2) A power reserved to husband to charge the settled estate is not confined to the limitation immediately preceding the re version to him, but will overreach all the prior limitations; Stackhouse v. Barnston, 10 Ves. 453. (3) And such charge may be for the benefit of the wife if she survive, who will be a creditor within 13 Eliz. c. 5, against fraudulent conveyances; Rider v. Kidder, 10 Ves. 360. |