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XXI. That the provisions herein-before contained shall extend and No. III. be construed to extend to all cases of petitions in which the lord chan- 1 W. 4, c. 60. cellor, intrusted as aforesaid, or the court of chancery, or any of the judges thereof, is by law authorized and empowered to grant relief and Act to extend make summary orders without suit, either in matters of charity, or re- to petitions in lative to or for the better security, or for the application, receipt, pay- cases of charity ment, or transfer of any of the funds thereof, or in matters relative to and friendly any benefit or friendly societies, or for the better security, or for the societies. application, receipt, payment, or transfer of any of the funds thereof.
XXII. And whereas cases may occur, upon applications by petition in certain cases under this act for a conveyance or transfer, where the recent creation the lord chanor declaration of the trust or other circumstances may render it safe cellor or court and expedient for the lord chancellor, intrusted as aforesaid, or the of chancery court of chancery, (as the case may require,) to direct, by an order upon may appoint such petition, a conveyance or transfer to be made to a new trustee or
new trustees, trustees, without compelling the parties seeking such appointment to
upon petition. file a bill for that purpose, although there is no power in any deed or instrument creating or declaring the trusts of such land or stock to appoint new trustees; be it therefore further enacted, That in any such case it shall be lawful for the lord chancellor, intrusted as aforesaid, or the said court of chancery, to appoint any person to be a new trustee, by an order to be made on a petition to be presented for a conveyance or transfer under this act, after hearing all such parties as the said court shall think necessary; and thereupon a conveyance or transfer shall and may be made and executed, according to the provisions hereinbefore contained, to or so as to vest such land or stock in such new trustee, either alone or jointly with any surviving or continuing trustee, as effectually and in the same manner as if such new trustee had been appointed under a power in any instrument creating or declaring the trusts of such land or stock, or in a suit regularly instituted. (1)
XXIII. That where all the persons in whom any land may have been Court of chanvested, in trust for any charity or charitable or public purpose, shall be cery empowerdead, it shall be lawful for the court of chancery, on the petition of the per- ed to appoint sons or body administering such charity or superintending such public new trustees of purpose, or of any person on behalf thereof, to direct any master or other
charities. officer of the said court to cause two successive advertisements to be inserted in the London Gazette and in one or more of the newspapers circulated in the county, city, or place where such land shall be situated, giving notice that the representative of the last surviving trustee do within twenty-eight days appear or give notice of his title to such master or other officer, and prove his pedigree or other title as trustee ; and if no person shall appear to give such notice within such twenty-eight days, or the person who may appear or give such notice shall not, within thirty-one days after such appearance or notice, prove his title to the satisfaction of such master or other officer, then and in such case it shall be lawful for the said court to appoint any new trustees for such charity or charitable or public purpose; and such land may be conveyed to such new trustees by any person whom the said court respectively may direct for that purpose, by virtue of the provisions in this act, without the necessity of any decree.
XXIV. That where in any suit commenced or to be commenced in Manner of prothe court of chancery it shall be made to appear to the court by affidavit ceeding where that diligent search and inquiry has been made after any person made trustees, defena defendant who is only a trustee, to serve him with the process of the dants in equity,
cannot be court, and that he cannot be found, it shall be lawful for the said court
found. to hear and determine such cause, and to make such absolute decree therein against every person who shall appear to them to be only a trustee, and not otherwise concerned in interest in the matter in question, in such and the same manner as if such trustee had been duly
(1) A new trustee was appointed under this act without a reference to the master, the petitioner being the only person interested in the property. Er parte Shick, 5 Simons, 281.
No. III. served with the process of the court, and had appeared and filed his 1 W. 4, c. 60. answer thereto, and had also appeared by his counsel and clerk at the
hearing of such cause : Provided always, That no such decree shall bind, affect, or in anywise prejudice any person against whom the same shall be made, without service of process upon him as aforesaid, his heirs, executors, or administrators, for or in respect of any estate, right, or interest which such person shall have at the time of making such de
cree, for his own use or benefit, or otherwise than as a trustee as aforesaid. Costs may be XXV. That the lord chancellor, intrusted as aforesaid, and the court directed to be of chancery, may order the costs and expences of and relating to the paid. petitions, orders, directions, conveyances, and transfers to be made in
pursuance of this act, or any of them, to be paid and raised out of or from the land or stock or the rents or dividends in respect of which the same respectively shall be made, or in such other manner as the said
lord chancellor or court shall think proper. Powers given XXVI. That the powers and authorities given by this act to the lord to the lord chancellor of Great Britain, intrusted as aforesaid, shall extend to all chancellor of land and stock within any of the dominions, plantations, and colonies Great Britain ; belonging to his Majesty (except Scotland and Ireland). which may be XXVII. That the powers and authorities given by this act to the lord exercised by the chancellor of Great Britain, intrusted as aforesaid, shall and may be lord chancellor exercised in like manner by and are hereby given to the lord chancellor of Ireland.
of Ireland, intrusted as aforesaid, with respect to all land and stock in
Ireland. Powers given XXVIII. That the powers and authorities given by this act to the to the lord lord chancellor of Great Britain, intrusted as aforesaid, shall and may chancellor to be exercised in like manner by and are hereby given to the lord keeper extend to the
or commissioners of the great seal of Great Britain for the time being, lord keeper and intrusted as aforesaid; and the powers and authorities given by this act commissioners. to the lord chancellor of Ireland, intrusted as aforesaid, shall and may
be exercised in like manner by and are hereby given to the lord keeper or commissioners of the great seal of Ireland for the time being,
intrusted as aforesaid. Powers given XXIX. That the powers and authorities given by this act to the court to the court of of chancery in England shall extend to all land and stock within any of chancery in the dominions, plantations, and colonies belonging to his Majesty England;
(except Scotland). which may be XXX. That the powers and authorities given by this act to the court exercised by of chancery, and the provisions contained in this act relating to the said the court of court, shall and may be exercised in like manner by and are hereby exchequer. given and extended to the court of exchequer. Powers given to XXXI. That the powers and authorities given by this act to the courts courts in Eng- of chancery and exchequer in England, and the provisions contained in land may be ex- this act relating to the same courts, shall and may be exercised in like ercised by the manner and are hereby given and extended to the several courts of same courts in chancery and exchequer in Ireland, with respect to all land and stock Ireland.
in Ireland. Who shall be XXXII. Provided always, and be it further enacted, That in all named in the cases in which orders shall be made, in pursuance of this act, for the orders of the transfer of stock, the person to be named in such order for making court for such transfer shall either be the committee of the estate of the person making trans- being lunatic in whose place such transfer shall be made, or a fers.
co-trustee or co-executor of the person in whose place such person shall be directed to transfer, or some officer of the company or society in whose books the same respectively shall be directed to be made; and where such transfer shall be directed to be made in books kept by the governor and company of the Bank of England, such officer shall be the secretary or deputy secretary or accountant general for the
time being of the said governor and company, or his deputy. Act to be an in
XXXIII. That this act shall be and is hereby declared to be a full demnity to the and complete indemnity and discharge to the governor and company of companies.
the Bank of England, and all other companies and societies, and their officers and servants, for all acts and things done or permitted to be No. III. done pursuant thereto, and that such acts and things shall not be 1 W. 4, c. 60. questioned or impeached in any court of law or equity to their prejudice or detriment.
[No. IV.) 3 & 4 W. IV. c. 104.-An Act to render Free
hold and Copyhold Estates Assets for the Payment of Simple and Contract Debts.
[29th August 1833.] WHEREAS it is expedient that the payment of the debts of all
persons should be secured more effectually than is done by the laws now in force; be it therefore enacted, &c., That from and after the Freehold and passing of this act, when any person shall die seised of or entitled to copyhold esany estate or interest in lands, tenements, or hereditaments, corporeal tates in all cases or'incorporeal, or other real estate, whether freehold, customaryhold, to be assets for or copyhold, which he shall not by his last will have charged with or
the payment of devised subject to the payment of his debts, the same shall be assets to be
simple contract administered in courts of equity for the payment of the just debts of such
debts. persons, as well debts due on simple contract as on specialty; and that the heir or heirs at law, customary heir or heirs, devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as the heir or heirs at law, devisee or devisees of any person or persons who died seised of freehold estates was or were before the passing of this act liable to in respect of such freehold estates at the suit of creditors by specialty in which the heirs were bound: Provided always, That in the administration of assets by courts of equity under and by virtue of this act all creditors by specialty in which the heirs are bound shall be paid the full amount of the debts due to them before any of the creditors by simple contract or by specialty in which the heirs are not bound shall be paid any part of their demands.
[No. V.] 3 & 4 W. 4, c. 105.-An Act for the Amendment
of the Law relating to Dower. [29th August 1833.] BE it enacted, &c., That the words and expressions herein-after Meaning of the
mentioned, which in their ordinary signification have a more con- words in the fined or a different meaning, shall in this act, except where the nature of act : the provision or the context of the act shall exclude such construction, be interpreted as follows; that is to say, the word “ Land” shall “ Land.” extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal (except such as are not liable to dower), and to any share thereof; and every word importing the Number. singular number only shall extend and be applied to several persons or things as well as one person or thing.
II. That when a husband shall die, beneficially entitled to any land Widows to be for an interest which shall not entitle his widow to dower out of the same entitled 10 at law, and such interest, whether wholly equitable, or partly legal and dower out of partly equitable, shall be an estate of inheritance in possession, or equal
equitable to an estate of inheritance in possession, (other than an estate in jointenancy,) then his widow shall be entitled in equity to dower out of the same land.
III. That when a husband shall have been entitled to a right of Seisin shall not entry or action in any land, and his widow would be entitled to dower be necessary to out of the same if he had recovered possession thereof, she shall be give title to entitled to dower out of the same although her husband shall not have dower. recovered possession thereof; provided that such dower be sued for or
No. V. obtained within the period during which such right of entry or action 3 & 4 W. 4, might be enforced. c. 105.
IV. That no widow shall be entitled to dower out of any land which
shall have been absolutely disposed of by her husband in bis lifetime, No dower or by his will. out of estates disposed of. Priority to par
V. That all partial estates and interests, and all charges created by tial estates,
any disposition or will of a husband, and all debts, incumbrances, charges, and contracts, and engagements to which his land shall be subject or liable, specialty debts. shall be valid and effectual as against the right of his widow to dower. Dower may be
VI. That a widow shall not be entitled to dower out of any land of barred by à de. her husband when in the deed by which such land was conveyed to him, claration in a or by any deed executed by him, it shall be declared that his widow
shall not be entitled to dower out of such land. or by a decla
VII. That a widow shall not be entitled to dower out of any land of ration in the which her husband shall die wholly or partially intestate when by the husband's will. will of her husband, duly executed for the devise of freehold estates,
he shall declare his intention that she shall not be entitled to dower out
of such land, or out of any of his land. Dower shall be VIII. That the right of a widow to dower shall be subject to any subject to re. conditions, restrictions, or directions which shall be declared by the strictions. will of her husband, duly executed as aforesaid. Devise of real
IX. That where a husband shall devise any land out of which his estate to the widow would be entitled to dower if the same were not so devised, or widow shall any estate or interest therein, to or for the benefit of his widow, such bar her dower. widow shall not be entitled to dower out of or in any land of her said Bequest of per
husband, unless a contrary intention shall be declared by his will. sonal estate to
X. That no gift or bequest made by any husband to or for the benefit the widow shall of his widow of or out of his personal estate, or of or out of any of his not bar her land not liable to dower, shall defeat or prejudice her right to dower, dower. unless a contrary intention shall be declared by his will. Agreement not XI. Provided always, That nothing in this act contained shall prevent to bar dower any court of equity from enforcing any covenant or agreement entered may be en- into by or on the part of any husband not to bar the right of his widow forced. to dower out of his lands, or any of them. Legacies in bar XII. That nothing in this act contained shall interfere with any rule of dower still of equity, or of any ecclesiastical court, by which legacies bequeathed entitled to pre- to widows in satisfaction of dower are entitled to priority over other ference. legacies. Certain dowers XIII. That no widow shall hereafter be entitled to dower ad ostium abolished. ecclesie, or dower ex assensu patris. Act not to take
XIV. That this act shall not extend to the dower of any widow who effect before shall have been or shall be married on or before the first day of January the 1st January one thousand eight hundred and thirty-four, and shall not give to any 1834. will, deed, contract, engagement, or charge executed, entered into, or
created before the said first day of January one thousand eight hundred and thirty-four, the effect of defeating or prejudicing any right to dower.
Meaning of words in the act:
[No. VI.] 3 & 4 W. 4, c. 106.–An Act for the Amendment of the Law of Inheritance.
[29th August 1833.] Be it enacted, &c. That the words and expressions herein-after men
tioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature the provision or the context of the act shall exclude such construction, be interpreted as follows ; (that is to say,) the word "land" shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal, and whether freehold or copyhold, or of any other tenure, and whether descendible according to the common law, or according to the custom of gavelkind or borough-English, or any
other custom, and to money to be laid out in the purchase of land, and No. VI. to chattels and other personal property transmissible to heirs, and also 3 & 4 W. 4, to any share of the same hereditaments and properties or any of them, c. 106. and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right, or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles, and interests, or any of them, shall be in possession, reversion, remainder, or contingency; and the words “the purchaser” shall mean the person who
“ The purchalast acquired the land otherwise than by descent, or than by any ser.” escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent; and the word “descent” shall mean the title to " Descent.” inherit land by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation, as where be shall be a child or other issue ; and the expression “ descendants” of any ancestor shall “Descendextend to all persons who must trace their descent through such ances- ants.” tor; and the expression “ the person last entitled to land” shall extend “ Person last to the last person who had a right thereto, whether he did or did not entitled.” obtain the possession or the receipt of the rents and profits thereof; and the word "assurance” shall mean any deed or instrument (other " Assurance." than a will) by which any land shall be conveyed or transferred at law or in equity; and every word importing the singular number only shall Number and extend and be applied to several persons or things as well as one per- gender. son or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
II. That in every case descent shall be traced from the purchaser; Descent shall and to the intent that the pedigree may never be carried further back always be than the circumstances of the case and the nature of the title shall re- traced from the quire, the person last entitled to the land shall, for the purposes of this purchaser, but act, be considered to have been the purchaser thereof unless it shall be the last owner proved that he inherited the same, in which case the person from whom shall be consi
dered to be the he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same ; and in like manner
less the contrathe last person from whom the land shall be proved to have been inhe
ry be proved. rited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same.
III. That when any land shall have been devised, by any testator Heir entitled who shall die after the thirty-first day of December one thousand eight under a will hundred and thirty-three, to the heir or to the person who shall be the shall take as deheir of such testator, such heir shall be considered to have acquired the viser, and a
limitation to the land as a devisee, and not by descent; and when any land shall have been limited, by any assurance executed after the said thirty-first day heirs shall
grantor or his of December one thousand eight hundred and thirty-three, to the person create an estate or to the heirs of the person who shall thereby have conveyed the saine by purchase. land, such person shall be considered to have acquired the same as a purchaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof.
IV. That when any person shall have acquired any land by purchase Where heirs under a limitation to the heirs or to the heirs of the body of any of his take by purancestors, contained in an assurance executed after the said thirty-first chase under
limitations to day of December one thousand eight hundred and thirty-three, or under a limitation to the heirs or to the heirs of the body of any of his the heirs of ancestors, or under any limitation having the same effect, contained in the land shall a will of any testator who shall depart this life after the said thirty-first descend as if day of December one thousand eight hundred and thirty-three, then the ancestor, and in any of such cases such land shall descend, and the descent had been the thereof shall be traced as if the ancestor named in such limitation had purchaser. been the purchaser of such land.
Brothers, &c. V. That no brother or sister shall be considered to inherit immedi- shall trace deately from his or her brother or sister, but every descent from a brother scent through or sister shall be traced through the parent.