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17th September, 1737.
Bill filled by Mary Warren, Willow and Releft of the Respondent Robert Warren, the Honourable Henry Peers, and Thomas Applewhit, all Three Executives of the Respondent Warren, against the Appellant.

The said Robert Warren dying, the Respondents Mary Warren his Widow, Thomas Applewhit, with the Honourable Henry Peers, Executors of the said Robert Warren, brought their Bill against the said John Price, who had then obtained his Age of Twenty-one Years; and thereby flated the fame Cafe as the said Warren, Frere, and Weeks, who had done in their said Bill brought against the said John Price when an Infant, by his Guardian John Bowman, Efq; and also the said John Price's Anfwer, by his Guardian, to the said Bill, the Decree made thereon, and likewise the Act of Parliament before flated.

That, in purpuance of this Decree, the Executors of John Price the Father proceeded in the said Truft, directing and ordering the Management of the said Eftate, and all Matters relating thereto, till the fame became very troublefome, occafioned by many Suits at Law, on which Recoveries were had, Judgments obtained, and Executions taken out, and levied on the faid Eftate, Negroes, and Cattle, which properly belonged to the said John Price the Father in Fee; and thereupon it appeared, that very few of the entailed Negroes then remained on the Eftate; and that the whole Eftate would be utterly ruined, in cafe fome or one of the Executors and Guardians did not advance confiderably for the faid Eftate, in hopes to preferve the fame for the Infant, which, as Sugar and Rum then fold, there was fome Project of doing; more eſpecially if the Buildings were put and kept in Repair, and the Negroes and Cattle kept together on the faid Eftate.

That the Affairs of the faid John Frere about that time called him into England, where he foon afterwards, in the Year 1731, died: And as the faid Robert Warren, by his Proſeffion, as an Attorney and Solicitor, muſt neceffarily be at all the Trouble in defending the Suits brought; and having alſo a very great Regard for the faid Teſtator John Price's Family and Children, was prevailed upon to undergo all the Expences, Trouble, and Charge, of the faid Eſtate, and to advance feveral very confiderable Sums of Money towards diſcharging the Debts of the faid Teſtator; and, at length, engaged himſo far as to become the Purchaſer, at Outcry, of all the Negroes, Goods, Chattels, and Moveables, on the faid Eſtate, which were ſol evied upon, and thereby became liable and chargeable for all the Debts of the faid Teſtator, ſo far as the Eſtate was worth; all which he returned to, and kept on, the faid Eſtate, where they then remained; and being fill in Hopes to preferve the faid Eſtate for the faid John Price, and, in purpuance of the faid Decree and Act, he borrowed feveral Sums, at the common Interſt of 10 l. per Cent. per Annum, to diſcharge many of the faid Debts, and became Surety, and engaged for many others, at the like Interſt; and ad vanced his own Money, to ſend the faid Infant, and other the Teſtator's Children, to England, for their Education; and, in a very liberal Manner, had the faid Infant maintained, and educated feveral Years at Woffmingler School; and, after he had made confiderable Progreſs in his Learning, the faid Robert Warren took the farther Care, at very confiderable Expence, to have him bred up to the Law, and ſupplied him at one of the Inns of Court, in a very genteel and reputable Manner, till he had made much Proficiency as, with any tolerable Application, might enable him to live reputably in the World, and eſpecially in Barbados, among his Relations and Friends, though he thought proper not to apply himſelf to any Bufineſs ſince his Arrival at Barbados, which was Two Years and Two Months then paſt.

That the faid Robert Warren, to ſave Expence to the faid Eſtate, and relying on the Honefly, Fidelity, and Gratitude of the faid John Price, when he ſhould arrive at full Age, to ſettle finally and amicably all his the faid Robert Warren's Accounts, and honourably to pay off and diſcharge the fame, never took out, or renewed, any Commiffion, as was ordered by the faid Decree; but the faid Bill, and all Proceedings had thereon, by the Death of the faid John Frere, abated; and the faid Robert Warren, for the Reafons aforefaid, never revived the fame; but great Care and Induſtry was all along uſed, in the Management of the faid Eſtate and Plantation, with the Aſſiſtance and Advice of the faid Weeks, who often visited the fame, and directed the Overſeers thereon, in the moſt prudent Management:—Yet it to happened,

That, tho' the faid Warren ſpared no reafonable Expence, in ſuppurſing the faid Eſtate, and keeping the fame in good Repair, in hiring Negroes yearly, and advancing for Holing, and ſuppurſing it with Necefarries, the better to carry on the Plantation-Affairs, and the due Management thereof, thro' the Diſappoſtments occafioned yearly by Blaſts, dry Weather, and other fatal Calamities, and the low Prices of Rum and Sugar for many Years then paſt, the faid Eſtate and Plantation fell very ſhort of anſwering the annual Expences of managing the fame, and defraying the Charges of the faid John Price's Schooling and Education: So that the principal Sums advanced by, and engaged for, and ſince paid by the faid Robert Warren, together with the legal Interſt thereof, amounted to feveral Thouſand Pounds; and the fame fill reſed due, and unſatiſhed, to the faid Robert Warren, at his Death, which was on the 6th of September 1735, having firſt made his Will, appointing the prefent Respondents and Henry Lafcelles, Efq; and the faid Henry Peers and Gelaſius M'Mabon, Efq, both ſince deſealed, his Executors; which Will was duly proved by the Respondents and the faid Peers, but the faid Lafcelles and M'Mabon declined to act:

That the faid Respondents, and the faid Peers, finding the Eſtate of the faid John Price the Infant, as well in Fee-fimple as in Fee-tail, to ſand ſo very much indebted to the Eſtate of their Teſtator the faid Robert Warren, as well by virtue of the faid Decree as otherwife; and finding alſo, that the faid John Price, then of full Age, had poſſeſed himſelf, as well of the faid intailed Eſtate and Negroes, as of all other the Eſtate of his faid Father, all or the greateft Part of which were redeemed, purchased, or bought, by the faid Robert Warren; and that, ſince the faid Price's Arrival, he had fold, diſpoſed, or otherwile converted to his own Uſe, all the Sugar and Rum made on the faid Eſtate, and reaped the Rents, Iſſues, and Profits thereof, and all the Advantages that could be made of or from the faid Plantation, from the Hire, Labour, Uſe, and Work, of all the Negroes, Cattle, Stock, and other Chattels, on the faid Eſtate; and which, together with all the Plantation-Utenſils, were actually purchased by the faid Robert Warren, and by him put and kept on the faid Eſtate; and, as the faid John Price ſtill continued poſſeſed, and reaped the Profits thereof, converting the fame to his own Uſe, the Respondents, and the faid Henry Peers, applied to him, in a friendly Manner, to come to a fair Settlement of all Accounts, touching the faid Eſtate or Plantation, and all the faid Robert Warren's Diſburſements, Expences, and Charges, concerning the fame, and to account fairly for all the Money by him paid or engaged for, upon Account of the faid Eſtate, and the Debts and Incumbrances aforefaid; and hoped, upon ſuch Accounting, he would find ſome Means of diſcharging what would be found due to the Eſtate of the faid Robert Warren, Efq; or otherwife, ſuſciently ſcure the fame to be paid and diſcharged in ſome reaſonable Time, as in purpuſance of the faid Decree he ought to have done: But the faid Price not only reſuted to pay off and diſcharge any Part of the Money ſo due to the Eſtate of the faid Robert Warren, or to ſecure the fame to be paid; but utterly reſuted to come to

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to any Account or Settlement with the Respondents, and the said Henry Peers, concerning the said Eftate; Plantation, and Negroes, or the Cattle, Stock, or Utenfils, or fo much thereof as properly belonged to the said Robert Warren; but, instead thereof, the Respondents, and the said Henry Peers, had Reafon to believe moft of the faid Negroes were loained, and the Stock and Utenfils removed from off the said Eftate; whereby they were prevented and delayed in the Execution of their Truft, and in diſcharging the juſt Debts of their Teſtator, which muſt tend to the great Loſs of his Eſtate, and Creditors: They therefore, by his Bill, prayed, that the Appellant might anſwer the ſeveral Matters above-flated; and whether the said Robert Warren did not purchase all the Eſtate, and Plantation-Negroes, Goods, Chattels, Cattle, Stock; and Plantation-Utenſils and Implements, which belonged to his Father, as his own proper Eſtate, and whereof he died feifed in Fee; and whether the said Robert Warren did not ſuffer the fame to continue on the faid Eſtate; and if they were not then thereon; and whether he had ſeen any, and what Accounts, relating to the faid Eſtates, and the faid Robert Warren's Diſburements, on Account thereof; and whether he did not believe the fame to be true; or wherein he took the fame to be otherwife; and why, and more particularly, whether he had received any Account, in Writing, from, or by Order of the Reſpondent, and the faid Henry Peers, relating to the Premifes; and what were his Objections, if any he had thereto; and whether the faid Robert Warren was not at the ſole Charge of managing, repairing, and improving, the faid Plantation; and whether he did not engage, and become charged with, all the Debts levied for on the faid Eſtate; and whether he hath not paid off, and diſcharged, the fame; and that the faid John Price may come to a juſt and fair Account, touching the Tranſactions, Engagements, and Diſburements, of the faid Robert Warren, for and concerning the Eſtate and Plantation, on the Truſt aforefaid; and that, in purſuance of the faid Decree, a Commiffion might iſſue, to audit, fettle, and adjuſt, the fame; and that the faid Price might be ordered to pay and diſcharge what ſhould be found due to the Eſtate of the faid Robert Warren, with lawful Intereſt for the fame; or, in Default thereof, that the faid Eſtate, Plantation, Negroes, Cattle, and other Stock, and all the Goods and Chattels, Moveables, Plantation-Utenſils, and other Implements thereon, might be decreed to be fold to the higheſt Bidder, for and towards Payment of what ſhould be found due; or otherwife, that the fame Premifes might be decreed to be delivered to them, as the Representatives of the faid Robert Warren; and the faid Price be obliged to execute good and ſufficient Conveyances, as the Court, on the Hearing, ſhould think reaſonable; and for an Injunction, to flay all Wafte and Imbezzlement till the Hearing; and for general Relief.

17th February, 1757.
Print's Answer, after he came of
Age.

Admits, that his Father might have died confiderably in Debt, but whether he left Eſtate ſufficient to ſatisfy and pay his juſt Debts, cannot ſay; admits, and inſiſts, that great Part of the Eſtate in Quæſtion was intailed on his Father, by his Grandfather Philip Price's Will; he being an Infant at his Father's Death, cannot ſpeak to the Condition the Buildings were in, farther than that he hath ſome Remembrance of the Dwelling-houſe being much out of Repair; admits his Father purchased ſome Negroes, Cattle, and quick Stock, and other Plantation-Utenſils and Implements, but of what Number, Quantity, or Value, cannot ſay; nor can he now aſſ certain or diſtinguifh the intailed Eſtate, or the Number of Slaves that were inſtailed by his Grandfather, from thofe of his Father's own Purchaſe; but doubted not to do the fame by his Witneſſes:

Admits, that the Creditors of his Father were preſſing for their Debts; but whether the fame amounted to a much greater Sum than his own proper Eſtate was worth, knew not, tho' he admitted, that the faid Creditors ſued the Executors; and that they applied to the Court for its Aid and Aſſiſance in the Premifes; and that ſuch Proceedings were had, and Decree obtained, as ſet forth in the Bill; but what Act the Legiſtute of Barbados thought fit to paf, for confirming the fame, he knew not; neither was he obliged, as adviſed, to take Notice thereof; for that the fame, if any ſuch there were, muſt, in its Nature, be a private Act, and ought to have been ſpeciually ſet forth in the Bill; nor could the faid Act, as he was adviſed, affect the faid intailed Eſtate, farther than it may remain as a Security for refunding to the said Executors the Monies they may have advanced for repairing the Buildings, and Improvements, if any Balance ſhould be found to remain unſaſtisfied on that Account, after giving due Credit for the Rents and Profiſes of the ſaid Eſtate, but bad Reaſon to believe, that when the neat Produce of the faid Eſtate was applied to ſuch Repairs, in the firſt Place, as the fame ought to be, there would remain no ſuch Charge thereon:

Admitted, that the faid Frere, Weeks, and Warren, proceeded in the ſaid Truſt, and acted as Executors and Guardians, directing and ordering the Management of the Eſtate, in all Matters relating thereto; and that the Creditors obtained Judgments, and took out Executions; but was a Stranger to the Extenſions and Sales, farther than that he heard ſome were made, and could not aſſ certain how many of the intailed Negroes remained on the Eſtate:

Admitted Warren, after Frere's Death, defended faid Suits; and that he advanced divers Sums of Money towards diſcharging his Father's Debts; and had heard he became Purcaſator, at Outcry, of ſome Negroes, Moveables, and Chattels, belonging to the Eſtate, which were ſo levied upon; but how far the Negroes and Chattels ſo levied upon, were liable to ſuch Executions, he could not ſet forth; but faid, if ſuch Negroes or Effects were Part of the intailed Eſtate, is adviſed Warren ought not to have paid off ſuch Execution, nor made himſelf liable for the Money due thereby, but ought to have applied to the Court out of which Execution iſſued, in order to have had ſuch Attachments ſet aſide; did not know whether Warren returned all the faid Negroes and Effects that were purchased by him, to the faid Eſtate; or whether they then remained thereon, not knowing the intailed Negroes from thofe purchased by his Father:

Admitted, that Warren gave him, and the other Children, of his late Father, their Education; and that he was maintained and educated at Weſtminſter School; and that Steps were afterwards taken towards breeding him up to the Law, in one of the Inns of Court; but was adviſed, that the Expences of ſuch his Maintenance and Execution could be defrayed out of his Father's Eſtate, or the Rents and Profiſes of the intailed Eſtate only, ſince, if Warren, who was the chief acting Executor of his Father and his Guardian, and who had knew the Nature and Circumstances of the Eſtates, exceeded the yearly Income of his Eſtate, the Surplus muſt be fuppofed to have been paid by Warren, out of the Teſtator's Eſtate in Fee-fimple, he well knowing, that the intailed Eſtate could not be affected therewith:

Admitted, that he arrived about the Year 1734 at Barbados; and that, by the faid Decree, Warren had it in his Power to have taken out a Commiffion, from time to time, to have fettled his Accounts; but that he did not do it, and knew not what prevented him:

Hath Reaſon to believe, ſuch great Care and Induſtry as mentioned in the Bill, was not all along uſed in the Management of the Eſtate, or otherwife better Crops might have been made therefrom, though he ad-

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That the *faid Robert Warren*, before his Death, set about drawing out his Accounts with the *Eftate*, and employed *John Bartrum*, an Accountant and Book-keeper, to affift him therein; but he died before he was able to complete the fame; and as to the Books of Account, and other Papers, the Respondent *Mary Warren* always underftood and apprehended *Price* had the Books of Account relating to the *faid Plantation* in his Cuftody, after he came to *Barbados*, and in the *faid Warren's* Life-time; for that the Respondent *Mary Warren* afterwards, that the *faid Robert Warren*, some short time before his Death, when he was about to draw out his Accounts, fent to the *faid Plantation* for the *faid Books*, which *Price* at firſt refuted to fend, but afterwards ſent ſome, which are now in his Poffeffion, and never heard or knew of any Title-Deeds or other Papers belonging to *Price's* Eſtate, that were in the Hands of the *faid Robert Warren* their Teſtator, or that he ever refuted to deliver them to *Price*, or any there were.

Admitted the 400 l. in Bill mentioned, was due from, and remained in the *faid M'Mabon's* Hands, the Property of *Price's* Mother, who gave the fame to *Price* by Deed, which Deed the Respondent *Mary* de-livered to *Price*, and fubmitted to the Court whether *Price* ought to have Credit for the fame.

The Respondents deny, that *Price* ever applied to them to come to a juſt and fair Accounting; but, on the contrary, the Respondent *Mary Warren* often requeſted him to come to an amicable Settlement, and proposed to him to leave the Matters in Difpute to any One, Two, Three, or more, indifferent Perfons, to fettle the fame between them; which at firſt he feemed inclinable to do, but, ſome time after, he declined the Reference propofed, pretending he had no Acquaintance in *Barbados*, of whom he could aſk ſuch a Fa-vour: The Respondent *Mary Warren* then told him, that the Honourable *Thomas Harrifon*, *Eſt*, was a very friendly Man, and had often taken the Trouble of ſuch Affairs upon him; and that if *Price* would apply himſelf to him, ſhe had no doubt but Mr. *Harrifon*, as he was very ready and expert in Matters of Account, would undertake the Affair for him; and that ſhe would aſk the fame Favour of Major *Fairchild*; but *Price* did not think proper to apply to Mr. *Harrifon*; and when the Respondent *Mary Warren* aſked him why he would not do it, he anſWERed, that he would leave his Affairs to be judged by no Perſon.

The Respondent *Mary* fays, ſhe does not remember *Price* ever applied to her for the *Books*, wherein the Accounts of the *faid Plantation* had been kept; but if he had, ſhe was under no Necefity, nor ought in Prudence to have delivered them up to him, till her Teſtator's Accounts were firſt fettled and adjusted; but ſhe was always ready to produce ſuch of them as ever came to her Hands, if he had agreed to come to the Reference which ſhe proposed to him, and was then ready to produce them upon a fair and juſt Settlement of the *faid Accounts*, before a Maſter or Commiſſioners, as the Court ſhould direſt; but none of the Respondents ever had, or ſaw, any Title-Deeds, or other Papers relating to the Title of the *faid Eſtate*; and believes no ſuch Title-Deeds ever came to *Warren's* Hands.

Admitted they had often alleged, and ſo apprehend the Truth to be, that *Price's* Father purchased in Fee ſeveral Acres of Land, and divers Slaves, Cattle, Horſes, and Stock, and Plantation-Üntenſils, and added the fame to *Price's* Grandfather's Plantation; and believed, that the Lands and Negroes, which were extended in Satisfaction of his Father's Debts, were the Lands and Negroes ſo purchased by his Father, and were no Part of the intailed Eſtate, and that the *faid Robert Warren* purchased the fame, with Intent tok eep and preſerve the Eſtate together for *Price's* Benefit.

That the Respondent *Mary* employed an Accountant to draw out her Teſtator's Accounts with the *Eſtate of *Price's* Father*, a rough Draught of which ſhe ſent to the *faid Ralph Weeks* for his Perſual, as being one of the Executors named in *Price's* Father's Will, and who was privy to, or knew, moſt of the TranſaCTIONS relating to the *faid Eſtate*, and was alſo a Friend to *Price*, and a Gentleman of Probiity; and that *Price* might have had a Copy of the *faid Account* from the *faid Ralph Weeks*, which was not defigned to have been ſent *Price*, till it had been further examined, and that ſuch Miſtakes or Omiſſions as may have happened therein (if any) had been firſt rectified. And, as to the Article of Funeral Expences of *Price's* Father, he being, at the Time of his Death, Colonel of the Lifeguards, the Funeral was in the Manner it was, at the Defire of *Price's* Mother, who, as one of the Executors, had a Right of ordering and direſting the fame as ſhe thought proper; and *Warren*, at that time, did not apprehend *Price's* Father's Circumftances ſo bad as he afterwards found them.

The Respondents could not diſtinguifh the purchased from the intailed Eſtate; but *Price's* Father pur-pchaſed ſeveral Acres of Land, and divers Negroes, and added the fame to the intailed Eſtate; and believed the Negroes that were levied on, and ſold, and the Land that was extended, after the Death of *Price's* Fa-ther, in Satisfaction of his Debts, were of his own Purchase; for otherwife it cannot be prefumed, that *Price's* Father's Executors, who were alſo *Price's* Guardians, would have ſuffered the fame to have been levied on and extended for Debts of the *faid John Price* the Father, the Land and Negroes (had they been any Part of the intailed Eſtate) not being ſubject to his Debts:

Know nothing of the Profits or Produce of the *faid Eſtate*; but refer to the Account, when produced before a Maſter or Commiſſioner; and cannot diſtinguifh the Profits of the intailed Eſtate from that not intailed, *not being able to diſtinguifh one Eſtate from the other*, otherwife than as aforefaid; but inſiſt, that, by the *faid Decree* and Act of Assembly, both Parts of the *faid Eſtate*, as well that intailed as that purchased by *Price's* Father, are equally liable to ſatisfy the Demands of the *faid Robert Warren*:

That the Bill, on which the *faid Decree* was obtained, was ſo far from concealing the Nature of the Eſtate, that the *faid Suit* was brought, and *Decree* obtained, upon the Footing and Suppoſal, that great Part of the Eſtate was intailed; and the *faid Act* was paffed upon the fame Suppofition; and the *faid Decree* and Act were extremely reaſonable, and very much for *Price's* Benefit, under the Circumſtances they were obtained, however ſuch the good Intentions of the *faid Robert Warren* were fruſtrated by dry Weather, low Prices of Sugar, Mortality among the Negroes, Blaſts, and other Calamities, which fell upon the Infland of Barbados in general, and could not at that time have been foreſeen.

Conceive, that, at all Events, it was for *Price's* Benefit to have had the Negroes, Cattle, and other Stock of the Purchase of his Father put again upon that Part of the *faid Eſtate* which was intailed, and the Whole kept together; for that, for want of them, the intailed Land would have been of little Value to him, inſaſ- much as, at his Father's Death, there were very few of the intailed Negroes, or Defendants of the Female Negroes, left, from the Length of Time from the Grandfather's Death, and the Number of Negroes that were extended:

That *Price's* Guardians, unless they had been impowered by the *faid Decree* to take up Money, or advance their own, upon Intereſt, for the Uſe of the *faid Eſtate*, and the *faid intailed Eſtate* made ſubject, by the *faid Decree* and Act, to repay the Monies ſo taken up or advanced, they would not have intermeddled with the

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Anwer. Private Aëts of Affemby there, as well as Aëts of Parliament here, bind Minors as well as Majors: In-
fancy is one of the most frequent Occafions for pafling private Aëts of Parliament, and, in the prefent Cafe,
was the Foundation of pafling the Aët of Affemby. Had the Petitioner been of Age, he could, by his
own Aët, have barred the Eftate Tail, and made it subfift as effectually for the fame Purpofes, as is done by
the faid Aët of Affemby.

2d Object. Anwer.
The Aët has never been confirmed; therefore may, and ought to be, now repealed.
In the Charter-Government, the Power of the Crown, as to repealing their Aëts, is limited to Three Years
after they are tranfmitted over, and, if not repealed within that Time, they are perpetual.

But in the King's own Government, this Limitation was made unnecessary by the Tenor of the Royal In-
fructions to his own Governors; it being thereby exprefly declared, that all Aëts fhall be in full Force from
the Time of the Pafling thereof, until repealed by the Crown; and the Aët in queftion was tranfmitted home in
the uful Manner fo soon as paffed, and the Crown did not think fit to repeal it; which, if it was proper to
be done at all, the Nature of the Aët required it to be done immediately; but, inſtead thereof, ſuffered it to
exift till it has had its full Effect; for the Aët was only to impower the Truftees to raſe Money during the
Petitioner's Infancy, for the Improvement of his Eſtate.—The Petitioner has attained his Age now 12 Years
paſt.—The Truſtees Power is determined, and all the Money raſed under the Aët, was taken up above 22
Years ſince.

And the Respondents further humbly ſubmit, that, as the Aët has had its full Effect, and the Time for
which it was enacted, is expired, the Crown will not now repeal it; and the rather for that, as is humbly
conceived, ſuch Repeal would not anſwer the Purpofe of the Petitioner, fo as to make it null and void ab
initio, or to render void any thing that was acted under it whilft in Force: It is what the Legiſtature itſelf
would never do; for tho' they vary, alter, or repeal old Laws, yet that is only done fo as to affect future
Things, but not to affect what was done under ſuch Aëts, whilſt they were exſiving and in full Force.

3d Object. Anwer.
That it doth not appear by the Aët, at whole Inſtance, Requeſt, or Petition, the fame was paffed, or who gave any Conſent thereto.

This Objection is more to the Form than the Subſtance of the Aët; and the Objection is not, that there
was not proper Application and Conſents; but that they do not appear upon the Face of the Aët, which is
immaterial: And it is not the Uſage in this Place to recite in the Aët either the Petition or Conſents; but, in
Aët, the Aët ſhews it was obtained on the Application of the Petitioner's ſt alternative Guardians, who were
the proper Perſons to apply for it; and the Petitioner, by his prefent Petition, admits it was paffed at the
Requeſt of his Guardians; and it muſt be preſumed the Houſe took care to fee all the neceſſary and proper
Requifites duly complied with before they paffed the Aët.

4th Object. Anwer.
That there is no other Saving in the Aët, except the Right of the Teſtator's Widow, and of his Cre-
ditors.

This is true: And the Respondents inſiſt, That if this Objection carried any Weight with it, as it is ap-
prehended it doth not, that it is ſuch an one, as does not lie in the Mouth of the Petitioner. But, in Aſt,
this is not an Aët of ſuch a Nature, as required the general Saving, it not being to pafſ away or alter the
Title, but only to make the Eſtate a Security for Money to be laid out for its Improvement; and no other
Perſon, but the Widow and Creditors, was proper, or could, conſiſtent with the Nature of the Aët, be
inſerted in this Saving.

5th Object. Anwer.
That ſeveral ſalſe Pretences were uſed, in order to obtaining the Aët.
There were no ſalſe Pretences made uſe of, or any Aſt alleged, but what was true; and this appears by
the Report of the Board of Trade, and even by the Petitioner's own Anſwer to the Respondents own Bill,
put in long after he was of Age, and long after he had been in Poffeſion of the Eſtate, he thereby admitting
every one of the Aſts alleged in the Bill filed by his Father's Excutors, and fet forth in the Anſwer put in by
his Guardians, or recited in the Aët; and, what is very remarkable, even admits, by his faſd Anſwer, all the
material Aſts charged in the Respondents Bill; and ſubmits to be charged with all that we contend to charge
him with; for, tho' he ſeems to think he was not compellable to ſubſet his intailed Eſtate to the Payment of
the Sums advanced by the Respondents, yet he, by his Anſwer, waves all Objections of this Kind, and, as
his Eſtate had the Benefit of theſe Sums, he is willing the Eſtate ſhould ſtand charged therewith.

6th Object. Anwer.
That this Aët was paffed in direct Oppofition to the 15th Royal Inſtruction; whereby the Governor is
injoined from paſſing any Aët of an uſual and extraordinary Nature and Importance, wherein the Prero-
gative of the Crown, or Property of the Subjeſt, may be prejudiced or affected, without inſerting a Clauſe
to ſuſpend the Execution, till the Royal Pleaſure ſhould be known thereon.

The Matter of this Inſtruction has nothing to do with the prefent Quetion; for this Inſtruction wholly
relates to publick Aëts, and hath nothing to do with private Aëts; and it would be abſurd to contend, that
it had, it being impoſſible for the Prerogative of the Crown to be affected by a private Aët; and the Pro-
perty of the Subjeſt in general is not affected by this Aët: And all private Aëts muſt be of an extraordinary
Nature, they being paffed avowedly to give that Relief, which could not be had in the common ordinary
Courſe of Juitice: And the Property of the particular Party, who is the Object of ſuch private Aët, muſt be
affected by it.

The Respondents humbly hope, That both the ſaid Petitions ſhall be Difmiffed, with exem-
plary Coſts.

WM. NOEL.

A. HUME-CAMPBELL.