that in a case where parliamentary assistance was, on other accounts, indispensably necessary, there the parliament would so frame their words, which were to become a law, as to have the same force and operation, and to bar all rights that would be barred by a common recovery. Frustra fit per plura quod fieri potest per pauciora, was a rule of equity, reason, and good sense. 35. The docrine here laid down by Mr. Booth has been fully confirmed by a modern case, in which the Court of Chancery held that a private act would bar an estate tail, and all remainders expectant thereon, and also the reversion, although the rights of the remainder-men were not excepted in the saving. Amb. 697. C. 29. 36. Robert Westby being tenant for life, under a Westby v. settlement of an estate in Lancashire, with remainder Kiernan, in fee to four persons, as heirs at law to the settlor; and being tenant in tail of another estate in Yorkshire, with remainders over, under which the defendant John Westby claimed; and having occasion for money to pay debts, and one of the heirs at law being an infant, a private act was obtained in 1731, on the application 4 Geo. 2. of Robert Westby, and the heirs at law, by which a part of the Lancashire estate was vested in trustees, to be sold for payment of Robert Westby's debts: and the Yorkshire estate was vested in trustees, to the use of Robert Westby for life, with limitations over, as in the settlement; with a power for Robert Westby, in case of failure of issue male of his body, to charge the Lancashire estate with a sum of money. The saving clause at the end of the act saved the rights of all persons, except those of Robert Westby, of the reversioners of the Lancashire estate, and of the heirs and issues of Thomas Westby: but no ex ception of the heirs or issue of Westby, under whom the defendant John Westby claimed. Robert Westby, by deed in 1732, executed his power, and died without issue, having devised the money charged by the execution of the power to his executors, upon several trusts. Upon a bill filed by the executors to have the sums raised which were charged by Robert Westby, a question arose, whether the power given by the act of parliament, to charge the Yorkshire estate, could take place against the defendant John Westby, who claimed under Westby, the person entitled in remainder upon the death of Robert Westby without issue. Lord Apsley was clearly of opinion, that Robert Westby being tenant in tail of the Yorkshire estate, the right of those in remainder was, and was meant to be barred by the act; and that there was no occasion to except their rights, as was done in other cases where the act passes upon the application of a tenant for life; for Robert Westby being tenant in tail, might have barred the remainder by a recovery : infra, f 38. and therefore this case differed from that of the Duke But not a tate for Life. of Somerset, who procured an act of parliament for the exchange of livings: he was only tenant for life; and the right of those in remainder not being excepted out of the saving clause, they were not bound by the act. 37. But where a tenant for life enters into an agreeafter an Es- ment to convey the fee simple, and a private act is passed for establishing such agreement, in which is a saving of the rights of all persons not parties to the act, it will not affect the persons entitled to the remainder expectant on the life estate. Provost of 38. Thus, in the case alluded to by Lord Apsley Ep. Winton, in Westby v. Kiernan, it appeared that Charles Duke 3 Wils. R. 483. of Somerset having the honour of Petworth, was desirous of acquiring the rectory appendant to it, which belonged to Eton College; and not having any benefice or advowson whereby he could tempt the College to give him the rectory of Petworth in exchange, he applied to and prevailed on the Crown to give to the college the advowson of Worplesdon, and the Duke in return agreed to give to the Crown the rectory of Overblowes as an equivalent. Whereupon it was agreed that the advowson of Worplesdon should be vested in Eton College, the rectory of Petworth in the Duke, and the rectory, of Overblowes in the Crown, for ever. This agreement was confirmed by a private act of parliament in 4 & 5 Will. and Mary, whereby it was enacted, that the advowson of Overblowes should be, and thereby was vested and settled in their Majesties and their successors, in right of their Crown, for ever: that the advowson of Worplesdon should be settled and vested in the provost and college of Eton, and their successors, for ever; and that the advowson of Petworth should be, and was thereby vested in the Duke and Duchess of Somerset and their heirs, with a saving of the rights of all persons (other than their Majesties, &c. the Duke and Duchess of Somerset and their heirs, and Eton College and their successors,) to the said advowsons, or any of them. It was afterwards discovered, that by a settlement made previous to this act, the rectory of Overblowes was limited to the use of the Duchess of Somerset for life, remainder to her son Algernon Earl of Hertford in tail male, remainder to the issue female of the Duchess; and that Lord Hertford having died without issue male, the rectory vested in his sister Lady Catherine, who married Sir W. Wyndham, and died Construction of Private Acts. ante, § 38. Tit. 32. c. 6. § 13. leaving Charles, afterwards Earl of Egremont, her eldest son, who died, leaving George Earl of Egremont his eldest son. It was admitted on both sides, that upon the death of the Duke of Somerset, the rectory of Overblowes vested in Lord Egremont; because he was within the general saving of the act. 39. Private acts are construed in the same manner as conveyances that derive their effect from the common law; and therefore, when any doubt arises upon the construction of a private act, the Court will consider, what the object and intention of the parties was, in obtaining the act; and will, if possible, give effect to that intention. 40. In the case of the Provost of Eton v. the Bishop of Winton, which has been already stated, the Crown having lost the advowson of Overblowes, to which Lord Egremont became entitled, claimed from the College of Eton the advowson of Worplesdon, and presented to it; upon the principle that the whole transaction became void by the defect of title in the Duke of Somerset to the advowson of Overblowes; whereupon the College of Eton brought a quare impedit. It was contended, on the part of the Crown, that private acts were to be construed like deeds; and that this act should be considered as an exchange, in which there was a mutual warranty; and that the eviction of the advowson of Overblowes, by Lord Egremont, gave the Crown a right to be restored to the advowson of Worplesdon. But it was answered, on the part of the College of Eton, that the act could not be considered as an exchange, because an exchange could only be made between two parties : besides, the act could not be construed to operate as a deed of exchange, the word exchange not being once mentioned therein: the act made use of no words of conveyance, but vested the several advowsons in the respective parties, under the agreement. Judgement for the College. v. Gibson, 41. A private act was passed in the year 1777 for Townley inclosing and dividing the common and waste lands 2 Term R. within the manor of Yealands, by which it was enacted, 701. that the commissioners should set out, allot, and assign unto the lady of the manor, twenty statute acres of the common and waste grounds, in lieu of, and as compensation for, her right and interest in and to the soil of the residue of the common; and then that the commissioners should allot and assign the residue of the common unto, for, and amongst the said lady of the manor, for and on account of her messuages, tenements, lands, and hereditaments within the said manor, in respect whereof she was entitled to right of common, and to the several other persons having right of common, and to their heirs and assigns for ever, according and in proportion to their several and respective rights, &c. A subsequent clause directed that "all and every the allotments, &c. to be made under the act, should be vested in fee simple in the several and respective persons, &c. to whom the same should be set out of allotted, and their heirs, assigns, and successors respectively for ever, absolutely freed and discharged of and from all customary tenures, rents, fines, boons, and services whatsoever; and that the several shares or allotments so to be set out as aforesaid, should be in lieu of and in full compensation and satisfaction for all rights of common, and other former property, privilege, right, &c.; and that all rights of common, together with all former rights, interests, profits, &c. in and upon the same, should, from and immediately VOL, V. C |