Bricks made and Quarries dug.

Leafes, &c.

Restriction as to felling Timber.

Seffion of Parliament, to commit or permit any kind of malicious or deftructive Wafte in or upon fuch Manors, Lands, Tenements or Hereditaments, or in or upon any Part thereof; and if the faid Duke of Wellington, or any fuch other Perfon as aforefaid, fhall at any time or times commit or permit any fuch malicious or destructive Wafte, then and in every fuch case the faid Duke, or any other fuch Perfon as aforefaid, fo committing or permitting any fuch malicious or deftructive Wafte, and his or their Executors and Adminiftrators, shall be refponfible in Damages to the Truftees for the time being, and fhall accordingly, by virtue of this Act, be fueable at Law by the faid Trustees, in an Action upon the Cafe, for fuch Damages; and in every fuch Action in which Judgment fhall be given for the Plaintiff, Cofts fhall be awarded against the Defendant or Defendants; and all fuch Monies as fhall be fo recovered for Damages and Cofts fhall, after Payment of all Expences and Charges which fhall be incurred or fhall arife in Execution of this Part of the Trufts of this Act, be applied by the faid Trustees for the time being in Improvement of any of the Manors, Lands, Tenements and Hereditaments fo to be purchased and fettled as aforefaid, by Repairs, Buildings, Planting, Inclosure, Draining, or otherwise, in the fame manner as is hereinafter directed concerning the Application of the refiduary Surplus Money from Sale of Timber under the Provifions hereinafter contained.

XVI. Provided always, and be it further enacted, That it shall be lawful for the faid Duke of Wellington, and the Heirs Male of the Body of the faid Duke, who fhall be entitled for the time being to the Rents and Profits of any fuch Manors, Meffuages, Lands, Tenements and Hereditaments, purchased or to be purchased under this A&t, or under the faid first recited A&t of the laft Seffion of Parliament, 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 to grant Leafes for any Term not exceeding Twenty one Years, 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 surrounding the Manfion of Refidence, without being impeachable for any Waite by reafon thereof.

XVII. And be it further enacted, That it fhall not be lawful for the faid Duke of Wellington, or any of the Heirs Male of the Body of the faid Duke, to cut down or fell, or caufe to be cut down or felled, any Timber which shall be growing or ftanding in or upon the Manors, Lands and Hereditaments fo purchafed or to be purchased and fettled under this Act, or under the faid first recited A&t of the laft Seffion of Parliament as aforefaid, or any Part thereof, otherwise than in manner hereinafter authorized; and if any fuch Timber shall be felled or cut down in any other manner than is hereinafter authorized, the Person or Perfons fo felling or cutting down fuch Timber, or caufing the fame to be felled or cut down, fhall be refponsible to the Trustees for the Purposes of this Act for the time being, for the Value of the Timber fo felled or cut down, and fhall accordingly, by virtue of this Act, be fueable by the faid Trustees for the time being in an Action upon the Cafe for the faid Damages, and in every fuch Action in which Judgment fhall be given for the Plaintiffs, Treble Costs shall be awarded against the Defendant or Defendants;

and

and all fuch Sums of Money as fhall be fo recovered for fuch Damages and Cofts, fhall, after Payment of all Charges and Expences which fhall be incurred or arife in the Execution of this Branch of the Trufts of this Act, be applied by the faid Trustees for the time being in the fame manner as hereinafter is directed in refpect of the refiduary Surplus Monies from the Sale of Timber under the Provifions for that Purpose hereinafter mentioned.

annually.

XVIII. And be it further enacted, That fome time in the Month Survey of Tim of November in every Year, when Occafion fhall require, and the ber made fame fhall be requested by the faid Duke of Wellington, or by any of the Heirs Male of the Body of the faid Duke who shall be Duke of Wellington, and as fuch entitled for the time being to the Rents and Profits of fuch Manors, Lands, Tenements and Hereditaments, a Survey and Valuation fhall be made by fome fit and proper Perfon or Perfons to be appointed by the Trustees for the time being, of all fuch Timber ftanding, growing and being in or upon the faid Manors, Lands and Hereditaments fo to be purchased and fettled as aforefaid, as it fhall be the Wish of the said Duke of Wellington, or the Duke of Wellington for the time being, to have cut down in courfe of the enfuing 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 fhall be reduced into Writing, and being fo written, fhall be figned by the Perfon or Perfons appointed to make the fame, and be verified by his or their Oath or Oaths (to be administered to him or them by any Juftice of the Peace, any fuch Juftice being hereby authorized to adminifter the fame accordingly), and after fuch Survey and Valuation fhall be made and fworn to as aforefaid, it fhall be lawful for the faid Trustees refpectively, with the Confent and Approbation of the faid Duke of Wellington, or the Duke of Wellington for the time being, as the cafe may be, fuch Confent to be teftified by Writing under the Hand of the Duke of Wellington for the time being giving the fame, to order and direct that the faid Timber which fhall have been selected and marked for cutting by the Perfon or Perfons making fuch Survey and Valuation, or fo much of fuch Timber as shall be specified in fuch Confent of the faid Duke of Wellington, or the Duke of Wellington for the time being, fhall be forthwith cut down and felled, and fold and difpofed of with all convenient Speed, for fuch Sum or Sums as to the said Trustees fhall appear to be the best Price or Prices that can reafonably be had or obtained for the fame.

XIX. And be it further enacted, That the Monies from time to time to arise and be produced by every Sale of Timber as aforefaid, fhall be paid to and received by the faid Trustees for the time being; and the faid Trustees, after Payment of all Expences attending any fuch Valuation and Sale, fhall from time to time, in the firft place, fet apart and appropriate fo much of the Surplus Monies as, at the time when fuch Sale fhall be ordered as aforefaid, shall be equal in Amount to One Fourth Part of the then grofs yearly Rental of the faid Manors, Lands, Tenements and Hereditaments which shall be fo purchafed and fettled as aforefaid, if the Produce of fuch Timber shall amount to fo much, and do and fhall, from time to time, by and out of the Monies which shall be fo fet apart and appropriated, or by and out of the Monies produced by the Sale of fuch Timber, pay to the Perfon who at the time of fuch Order as aforefaid shall be in 312 the

Application of Money arifing by Sale of Trust for Provifion of Children.

Timber, in

may

the Poffeffion or entitled to the Rents, Iffues and Profits of the faid Manors, Lands, Tenements and Hereditaments fo to be purchased and fettled as aforefaid, or to the Executors or Adminiftrators of fuch Perfon, a Sum equal to Ten Pounds per Centum on the Amount of the whole of such grofs yearly Rental, for the Purpose of paying and re-imburfing to fuch Perfon the Charges and Expences which have been incurred by him in neceffary and incidental Repairs upon the faid Eftates, and do and fhall lay out and inveft the Refidue of the Monies (which shall be so fer apart and appropriated as aforefaid) in or upon any Government Stocks or Funds, or at Intereft on any Real Securities, in the Names of the said Trustees for the time being; and the faid Trustees in whofe Names the fame fhall be fo invefted, fhall ftand and be poffeffed of and interested in the faid Stocks, Funds and Securities, upon the Trufts following; that is to fay, Upon Truft from time to time during the Life of the Perfon who fhall for the time being be fo in Poffeffion or entitled to the faid Manors, Lands, Tenements and Hereditaments as aforefaid at the time fuch Timber fhall in manner aforefaid be ordered to be felled and cut down, or until fuch Stocks, Funds and Securities fhall be difpofed of, in the Life-time of such Perfon, according to the Direction and Appointment of fuch Perfon, to be made and given in manner hereinafter mentioned, to receive the Dividends and Interefts, and annual Proceeds of the faid Stocks, Funds and Securities, and to lay out and inveft the fame Dividends, Interests and annual Proceeds in or upon any fuch other Stocks, Funds and Securities as aforefaid, in the way of Accumulation, and fo from time to time during the whole of the faid Life, or until fuch Difpofition as aforefaid as to the Intereft, Dividends and annual Proceeds of fuch other Stocks, Funds and Securities, or of any such Stocks, Funds or Securities, in or upon which any like Accumulations fhall afterwards, during fuch Life, or until fuch Difpofition as aforefaid be invefted or placed out; and from and immediately after the Death of the Perfon fo being or having been in the Poffeffion, or entitled as last aforefaid, or from and after such time as shall be directed and appointed by fuch Perfon in manner hereinafter mentioned, then as to all the faid original Stocks, Funds and Securities, and alfo as to all thofe arifing from fuch Accumulations as aforefaid, In Truft for all and every or fuch One or more of the Children of the Perfon fo being or having been in Poffeffion, or entitled as laft aforefaid (other than and except the eldest Son or only Son of fuch Perfon), at fuch Age or Ages, Day or Days, and Times, either during the Life-time or after the Decease of the Perfon fo being or having been in Poffeffion or entitled as aforefaid, and in fuch Parts, Shares and Proportions, and with fuch Maintenance in the mean time, until the Affignment or Transfer of their respective Shares, and fubject to fuch Provifoes and Limitations over (fuch Provifoes and Limitations nevertheless to be for the Benefit of fome or One of the fame Children, except as aforefaid), and in fuch manner and Form as the Perfon fo for the time being in Poffeffion, or entitled as aforefaid by any Deed or Deeds, Writing or Writings, with or without Power of Revocation or new Appointment, to be by fueh Perfon fealed and delivered in the Presence of, and attefted by Two or more credible Witneffes, or by the laft Will and Teftament of fuch Perfon in Writing, or any Codicil or Codicils thereto to be figned and publifhed by fuch Perfon, in the Prefence of Three or

more

more credible Witneffes, fhall 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 Poffeffion or entitled as laft aforefaid, other than and except the eldet or only Son of fuch Perfon, in equal Shares and Proportions, if more than one; and if there fhall be but One fuch Child, then in Truft for fuch One Child, and to affign, transfer and make over the Share or Shares of fuch of them as fhall be a Son or Sons, to him or them at his or their Age or refpective Ages of Twenty one Years; and the Share or Shares of fuch of them as fhall be a Daughter or Daughters, to her or them at her or their Age or refpective Ages of Twenty one Years, or Day or refpective Days of Marriage which fhall first happen after the Deceafe of the Perfon fo having been in Poffeffion or entitled as laft aforefaid.

tions as to Ap
plication of fuch
Money vefted in

Government
Securities.

XX. Provided always, and be it further enacted, That in cafe any Further Direc fuch Child or Children being a Son or Sons (other than and except as aforefaid) fhall attain the Age of Twenty one Years, or being a Daughter fhall attain the like Age, or be married in the Life-time of the Perfon fo being in Poffeffion, or entitled as laft aforefaid, it fhall and may be lawful for fuch Perfon to direct and appoint in manner aforefaid, that the Share or Shares of any fuch Son or Daughter of and in fuch Truft Stocks, Funds and Securities laft mentioned, or any Part of fuch Share or Shares, fhall and may be paid to any fuch Son or Daughter at the time when or at any time after he or the fhall attain fuch Age, or be married as aforefaid, and in Default of fuch Direction or Appointment, then the Share or Shares of fuch Sen or Sons fo attaining the Age of Twenty one Years (other than and except as aforefaid), and of fuch Daughter or Daughters fo attaining the like Age, or being married before fuch Age, of, in and to the faid Truft Stocks, Funds and Securities laft mentioned, or fuch Part of the faid Stock, Funds and Securities, as hall not have been fo directed or appointed as aforefaid, fhall refpectively be and be confidered as a veíted Intereft or vefted Interests in the fame Child or Children, and fhall be tranfmiffible as fuch to his, her or their Executors, Administrators or Afligns, notwithstanding the Death of fuch Child or Children afterwards in the Life-time of the Perfon fo in the Poffeffion or entitled as last aforefaid.

Shares of fuch
Truft Money

for Children to
go in certain

XXI. Provided alfo, and be it further enacted, That if any fuch Child being a Son, fhall die under the Age of Twenty one Years, or become an eldest or only Son, or being a Daughter, hall die under that Age, without having been married, then and in fuch cafe cafes to Surand in Default of and fubject to fuch Direction or Appointment as vivors. aforefaid, the Share of each fuch Son fo dying, or becoming an eldeft or only Son, and of each fuch Daughter fo dying without having been married as aforefaid, of and in the faid Truft Stocks, Funds and Securities (other than what fhall have been actually applied for the Advancement of fuch Son or Sons as hereinafter mentioned) fhall from time to time go and accrue to the Survivors or Survivor, and others or other of the fame Children, and the refpective Executors, Adminiftrators and Affigns of fuch of them as fhall be dead, having firft acquired a vefted Intereft in their respective original Shares, and be equally divided between or among ft fuch Survivors and others of them, and the faid Reprefentatives of those who shall be dead (if more than one) in equal Shares and Proportions, and

3I3

shall

Until Truft Funds become transferrable Dividends paid to Guardians for Maintenance of

Children.

Trustees empowered, in de

fault of other
Appointment, to
difpofe of
Shares of Sons

to a certain
Amount for
their Benefit.

In cafe of no
Children,

fed of Truft

Funds for Executors, &c.

fhall be transferrable and payable at the fame Ages, Days and Times refpectively as his, her or their original Share or Shares, and fuch Benefit of Survivorship or Accruer fhall extend as well to the furviving or accruing as to the original Shares.

XXII. And be it further enacted, That in the mean time after the Death of the Perfon fo having been entitled or in Poffeffion as laft aforefaid, or until the faid Truft Stocks, Funds and Securities thall become affignable or transferrable by virtue of the Trufts aforefaid, the Dividends, Intereft and Annual Proceeds thereof, or of fo much thereof, whereof no fuch Direction or Appointment shall have been made as aforefaid, shall be paid to the Guardian or Guardians for the time being, of fuch Child or Children whofe Share or respective Shares of the faid Trust Stocks, Funds and Securities shall not then have become affignable or transferrable as aforefaid, to be applied for and towards the Maintenance and Education, and for the Benefit of the fame Child or Children (if more than one) according and in proportion to their feveral apparent or prefumptive Rights and Shares in the faid Truft Stocks, Funds and Securities.

any

XXIII. Provided always, and be it further enacted, That it shall be lawful for the faid Trustees for the time being, of the faid laft mentioned Truft Stocks, Funds and Securities, at any time during the Life of Perfon fo being entitled or in Poffeffion as aforefaid, according to fuch Direction and Appointment as aforefaid, and by and with the Confent and Approbation of such Perfon, or at any time after the Decease of the Perfon fo having been in Poffeffion, or entitled as laft aforefaid; and in Default of any fuch Appointment or Direction by fuch Perfon, then for the faid Trustees upon their own Authority to fell and difpofe of, or call in and receive any Part of the Share or Shares of fuch Child or Children, being a Son or Sons, of and in the faid Truft Stocks, Funds and Securities, fo as the Sum or Sums to be raised or called in do not exceed the Sum of Ten thousand Pounds in the whole for any one fuch Son, and to apply the fame Sum or Sums for placing out fuch Son or Sons in Profeffion or Employment, or for his or their Inftruction therein, or for purchafing him or them a Commiffion in the Army, or otherwife for his or their Advancement or Benefit, notwithstanding that fuch his or their Share or Shares fhall not then have become vefted, due and payable, or notwithstanding that fuch Son or Sons shall not have attained the Age of Twenty one Years.

any

XXIV. And be it further enacted, That in cafe the Person so in Poffeffion or entitled to the faid Manors, Lands, Tenements and HeTrustees poffef- reditaments as laft aforefaid, fhall die without having any Child or Children who fhall live to become entitled to the said last mentioned Truft Stocks, Funds and Securities, then and in such case the Trustees thereof for the time being shall stand poffeffed of and interested in the fame Trust Stocks, Funds and Securities, in Trust for the Executors or Administrators of the Perfon fo dying having been in Poffeffion and entitled as last aforefaid, and to affign, transfer and make over the fame accordingly.

Trustees with

Confent of Perfon in Poffeffion

may change Securities.

XXV. And be it further enacted, That it fhall be lawful for the faid Trustees with the Confent and Approbation in Writing of the Perfon fo in Poffeffion or entitled to the Rents, Iffues and Profits of the faid Manors, Lands, Tenements and Hereditaments for the time being, to fell and difpofe of all or any Part of the faid laft mentioned

Truft