Acknowledgment of Writings received by a Mortgagee. Received the day of 18 the several deeds papers and writings mentioned and particularised in the underwritten schedule which I hby promise to deliver upon the receipt of £ - this day lent and advanced by me to the under-mentioned (mortgagor) his hrs or ass to keep the same safe and uninjured (loss or damage by fire or or. inevitable accidents excepted) Witness, &c. CD A schedule of the deeds papers and writings relating to a certain messe, &c. situate, &c. the property of A B the mortgagor to CD for securing the repayment of the sum of £ - and int. 17 & 18 May 18 Indentures of lease and release of these dates the release made between, &c. ACQUITTANCES. § 1. An acquittance signifies a release or discharge in writing of a sum of money or debt due. It must be on a stamp, the value of which must be according to the amount. A receipt in full of all demands, requires a 10s. stamp. If it include a release, it must be on a deed stamp. (See Release.) 2. An acquittance, or mere receipt without seal, is only evidence of satisfaction, and not conclusive against the party who signed it; Stratton v. Rastall, 2 T. R. 366. But where a man by deed acknowledges himself satisfied, it is a good plea in bar, without receiving any thing; Rowntree v. Jacob, 2 Taunt. 141; and a court of law can only avoid the deed by equitable interference. Legh v. Legh, 1 B. & P. 447. Skaiff v. Jackson, 3 B. & C. 421. An acquittance, or receipt in full of all demands, will discharge all debts except such as are on specialty, as bonds, bills, and the like. Cro. Jac. 650. 3. Where there has been a series of dealings, the last receipt will be considered as presumptive evidence that all the previous payments have been made, especially if the receipt be in full of all demands; and if under hand and seal, the presumption is so strong, that the party will not be allowed to prove the contrary. Alner v. George, 1 Campb. 192. 3 Chitt. Comm. Law, 134. Acquittance for Purchase Money in a Conveyance. Obs. Care should be taken to have the receipt properly indorsed, as the general acknowledgment in the body of the deed will not be conclusive evidence of payment. Styl. 462. 1 Ca. Chan. 119. Coppen v. Coppen, 2 P. Wms. 290. RECEIVED On the day of the date of the within written indre of and from the within named (purchaser) the sum of one thousand pounds being the full consideration money within mentd to be by him pd to 1000 Another, where the Consideration is Stock. RECEIVED and accepted the day and yr first within written of and from the within named (purchaser) the transfer of the capital sum of £- reduced bank annuities being the conson within mentioned to be transferred to me. Witness. Reduced Acknowledgment of having received Mortgage Money. - I do hby acknge that I have received this day of of the within named (mtgor) the sum of £ being in full for principal and int monies due to me as the exr of the within named (mtgee) on the within mtge. Witness. Acquittance from Vendors, being Trustees under a Will, to Purchasers in equal Moieties. Obs. If there are two releases, the receipt must refer to each. We the within named A B, C D and E F parties to the within written indenture do hby acknge to have received on the day of the within written indre of and from the within named G H and IK the sum of £ — being the full conson money within mentd to be by them pd to us That is one moiety thof from the sd G H and the or. moiety thof from the sd J K. (If there are two releases add), 'And for which sd sum of £- we have also signed a rect in like manner on the back of another such indre of release within written.' £ Witness. ACTS OF PARLIAMENT. § 1. Private bills are a species of assurance by matter of record Private bills not depending on the act, or consent of the parties themselves, but as assurhaving the sanction of a court of record to substantiate, preserve ances. and be a perpetual testimony of the transfer of property from one man to another, or of its establishment when transferred. They In what are a common mode of assurance where ordinary proceedings in cases courts of justice will not avail 2 Comm. 344, so as to enable tenants adopted. for life to sell part of the estates to discharge incumbrances, to remove and obviate difficulties arising from infancy, in selling or otherwise disposing of their estates, to establish and confirm exchanges, and the like. 1 Wood, 2. 2. Private bills generally originate in the House of Lords, where they are carried on with great deliberation and caution. They How carried through. Recital of will. are, therefore, always referred to the judges for their approbation; and by order of the House, no private bill can be read in the House until one of the printed copies thereof shall have been delivered to every person concerned in the same bill before the meeting of the committee upon such bill; and in case of infancy, the copy must be delivered to the guardian or next relation of full age not concerned or interested in the passing of the bill. Ib. 4, 5. 3. The first step taken for the bringing in a private bill is a petition to the house in which it originates, by the parties interested, stating the relative situation of the parties interested; and the state of their claims, &c.; and this petition must be signed by all parties concerned in the event of the bill, and attested by two witnesses. Ib. 4. (See Petition.) An Act to enable Trustees (a) of an Infant to sell Part of his Estates for Payment of his Father's Debts on Specialty. Whas W E late of, &c. decd did by his will and testament bearing date, &c. duly signed published and attested as by law required for the passing of real estate of freehold give and devise unto (trustees) all his manors, &c. and also all his psnl este whatsr in trust that they the sd (T) shd allow his son (the infant) so much for his maintenance and education as they shd think fit until he had attained his age of 21 yrs and upon or. trusts therein parlarly mentd. And whas the sd testator also willed that the sd (T) shd convey and assign to his sd son when of the age of 21 yrs and his hrs all his sd este but if he died befe such age witht issue then he devised all his este to his daur. And whas the sd testator's psnl este amounts to no more than the sum of £ which not being sufficient to discharge all his debts and his specialty creditors insist upon having satisfaction out of his real este which cannot be done without selling some part thereof and no sale can be made by reason of the infancy of the sd children but by authority of Parliament Therefore your Maj. most dutiful and loyal subjects the sd (1), (Guardian) and (T) do most humbly beseech your Maj. that it may be enacted and be it enacted by the King's most Excellent Majesty by and with the advice of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That they the sd (7) their hrs (a) It is presumed that an Act of this kind can rarely, if ever, be wanted in future, as under the 1 W. IV. c. 47, amended by the 3 & 4 W. IV. c. 104, the whole real estate is made assets for the payment of debts by simple contract as well as by specialty; and under the 1 W. IV. c. 60, trustees are compellable, under the direction of the Lord Chancellor, to complete the sale of estates; but it does not appear that trustees of their own authority would be empowered to sell for the payment of debts. There must be still an application to Parliament or to the Court of Chancery. To Pay Debts. and ass shall and may and are hby fully and effectually enabled and empowered absolutely to sell and dispose of the sd manor of and every and any pt of the sd preses to the best purchaser or purchasers that can reasonably be gotten for the same and with the money arising by and from such sale shall pay off and discharge all the debts of the sd (testator) decd secured by mtges, bonds and or. specialties and all interest which now is or shall become due for the same as far as the sd purchase money will extend and amount unto and if there be any overplus after such payments as afd the same shall remain in the hands of the sd (T) and the survors or survor of them and the exs of such survor under the same trusts as the sd preses hby directed to be sold, except that if it shall happen that all the debts of the sd (testator) secured by mortge or or. specialties be not yet discovered and that some or. debt or debts so secured shall hraftr be found out affecting the real este of the sd (testator) in such case the sd overplus money shall be liable to pay off and discharge such debt or debts with the int. due thereupon, any thing in this Act contd to the contrary thf in anywise notwithstanding. And Clause in be it furr enacted that all and every such purchaser favour of and purchasers and his and their hrs and ass shall hold purchasers. and enjoy the sd manor hereds and preses or so much thof as they shall resply purchase freed and discharged of and from all the right title int and trust which the sd (1) or any of them their or any of their hrs exs or ads or any or. psn or psns claiming or to claim by from or under them the sd (I) or any of them or any crs by specialty of the sd (testator) (or. than tenants for yrs in posson under yrly rents) might have or claim of, in, unto, or out of the same or any pt thof and that such purchaser or purchasers shall and may pay his or their purchase monies to the sd (T) or the survors And be it furr enacted that the sd (T) or the survor of them or the exs or ads of such survor shall not be auswe the one of them for the or, nor for the rect act or deed of the or. of them but for his own sevl and separate acts and deeds only nor chargbe or accountable with or for any mortge or or. sum or sums of money for other. or in respect of the preses than shall actually come to his or their respive hands by virtue of the trusts afd notwithstanding his or their joining in any rect for the sake of conformity nor with or for any losses of such mos or any pt thof so as the same shall happen witht their respive wilful deft And that it shall and may be Trustees to Iful to and for the sd (T) and the survor, &c. by and out reimburse of the sd trust mos to reimburse themselves all such themselves. Trustees not to be answerable for the acts of each Saving clause. To Pay costs chas dams and exps as they resply shall or may Debts. sustain or be put unto, in, and about the exon of the sd trusts hby in them reposed or in any wise relating thereto Saving nevss to the King's Most Excellent Majesty his hrs and successors and all and every or. psn or psns whatsr bodies politic and corporate their hrs successors and ass or. than crs by specialty of the sd (testator) and the sd (I) and their hrs, &c. and all or. psn and psns claiming or to claim by from or under them or any of them (not being tenants for yrs in posson under yrly rents) all their este right title and int claim and demand whatsr of, in, or to the sd preses or any of them as they were entitled to before this Act was passed or could or might have had or enjoyed in case this Act had not been made. Recital of seisin in tail. Of seisin in fee of in tended wife. Treaty of marriage. Intended husband to settle his estate. An Act to enable Two Minors to make Settlements upon their Intermarriage of their respective Estates. Whas by virtue of certain indres of lease and release made or expssd to be made between, &c. the messes or tents lds and heredts hinfter described were conveyed and assured unto the sd (trustees) and their hrs to the use of (father of intended husband) of and for the term of his natural life with remr to the use of the sd (intended husband) and the hrs male of his body lfully begotten with divers remrs over And whas (intended wife) spinster is seised in fee simple or fee tail pt in posson and pt in reversion of one undivided third part of divers manors and is entitled by her father's will to the sum of £— on her marriage And whas (father of IH) & the sd (guardians of IW) have entered into a treaty for the marriage of the sd (IH) with the sd (IW) & for the settling their respive estates and effects for the bent of them and the issue of the marre; but the sd (I H) and (IW) being both under the age of 21 yrs such mutual settlements cannot be made to the satisfaction of the pties concerned according to the common course of the laws of this kingdom witht the aid and authy of Parliament Therefore your Majesty's most dutiful, &c. and be it enacted that it shall and may be lawful for the sd (F) and (1 H) notwithstanding his minority by any deed or deeds writing or writings conveyances surrenders and assurances to be by them the sd (F) and (IH) notwithstanding such his minority exted in the presence of three or more witnesses To convey settle limit surrender and assure either before or after the said intended marre All and every the freehd and copyhd lds messes, &c. unto and upon such psn or psns to for and upon such uses estates trusts intents and purps and subject to such provos declons and agts as are and |