4 & 5 Will. 4. c. 22. Rents reserved on leases determining on the death of the person making them (though not strictly tenant for life) or on the death of the tenant pur autre vie, to be consi dered as within the provisions of the recited act. bear upon the point, have arisen between the executors of the tenant in tail and the remainder-man, and not between the tenant in tail and the lessee; and that all the cases appeared to have turned upon the fact of actual payment of the rent by the lessee to the remainder-man. The reader is referred to the cases there cited (pp. 307–310.) The recent statute 4 & 5 Will. 4. c. 22. (a) was passed to obviate the doubts which had existed respecting the statute 11 Geo. 2.; and to which in the preamble it refers in the following words: "Whereas doubts have been entertained whether the provisions of the recited act apply to every case in which the interests of tenants determine on the death of the person, by whom such interests have been created, and on the death of any life or lives, for which such person was entitled to the lands demised, although every such case is within the mischief intended to have been remedied and prevented by the said act, and it is therefore desirable that such doubts should be removed by a declaratory law; and whereas by law, rents, annuities and other payments, due at fixed or stated periods, are not apportionable (unless express provision be made for the purpose) from which it often happens that persons (and their representatives) whose income is wholly or principally derived from these sources, by the determination thereof, before the period of payment arrives, are deprived of means to satisfy just demands, and other evils arise from such rents, annuities, and other payments not being apportionable, which evils require remedy." The act then proceeds to enact, that rents reserved and made payable on any demise or lease of lands, tenements, or hereditaments, which have been and shall be made, and which leases or demises determined, or shall determine on the death of the person making the same, (although such person was not strictly tenant for life thereof) or, on the death of the life or lives for which such person was entitled to such hereditaments, shall, so far as respects the rents reserved by such leases, and the recovery of a proportion thereof by the person granting the same, his, or her executors, or administrators (as the case may be) be considered as within the provisions of the said recited act. (a) This and the following acts, cited in the Appendix, were passed subsequently to the printing of the fifth volume of this work. nuities and other payments com ing due at fixed periods to be apportioned. Section 2 enacts, that from and after the passing of the act All rents, anall rents service reserved on any lease by a tenant in fee, or for any life interest, or by any lease granted under any power, (and which leases shall have been granted after the passing of the act) and all rents charge and other rents, annuities, pensions, dividends, moduses, compositions, and all other payments of every description in the united kingdom of Great Britain and Ireland, made payable, or coming due at fixed periods under any instrument that shall be executed after the passing of the act, or (being a will or testamentary instrument) that shall come into operation after the passing of the act, shall be apportioned so and in such manner, that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice from, or in respect of which the same shall be issuing or derived, or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators, or assigns, shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively, (as the case may be) including the day of the death of such person, or of the determination of his or her interest, all just allowances and deductions in respect of Subject to all just deductions. charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made; and that every such person, his or her executors, administrators, and assigns, shall have such and the same remedies at law, and in equity, for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion, of which such apportioned parts shall form part, shall become due and payable, and not before, as he, she, or they would have had for recovering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments, if entitled thereto; but so that persons liable to pay rents reserved by any lease or demise, and the lands, tenements, and hereditaments, comprised therein, shall not be resorted to for such apportioned parts specifically, as aforesaid, but the entire rents of which such portions shall form a part, shall be received and recovered by the person or persons, who, if Remedies for obtaining the apportioned parts. Act not to apply to certain cases. the act had not passed, would have been entitled to such entire rents; and such portions shall be recoverable from such person or persons by the parties entitled to the same under the act, in any action or suit at law, or in equity. The third section provides, that the provisions in the act contained, shall not apply to any case in which it shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description. Vol. I. pp. 412. 447-8. Vol. III. pp. 402. &c. 417-419. c. 23. ESCHEAT AND FORFEITURE OF REAL AND PER- The reader is referred to former pages of the present work, for some observations respecting the forfeiture and escheat of trust property, through the attainder for felony or treason of the trustee, or his dying without heirs. The recent statute 4 & 5 4 & 5 Will. 4. Will 4. c. 23. was passed to amend the laws on those subjects. It recites, that whereas great inconvenience has been found to result to persons beneficially entitled to real or personal property, by the escheating or forfeiture thereof to his Majesty, to corporations, to lords of manors, and others, in consequence of the death without heirs, or the conviction for treason or felony of a trustee, in whom or in whose name the same is vested, and that it was expedient that the same should be remedied. If trustee or mortgagee of any land die the Court of After fixing the sense to be attached to various words in the act, the second section enacts, that where any person seised of any land, upon any trust or by way of mortgage, dies without an without an heir, heir, it shall be lawful for the Court of Chancery to appoint a Chancery may person to convey such land in like manner as is provided by staappoint a person tute 11 Geo. 4. and 1 Will. 4. c. 60.; (a) in case such trustee or mortgagee had left an heir, and it was not known who was such heir, and such conveyance shall be as effectual as if there was such heir. to convey. Lands, &c. vested in any By section 3 it is enacted, that no lands, chattels, or stock, trustee shall not vested in any person upon any trust, or by way of mortgage, or be escheated by any profits thereof, shall escheat or be forfeited to his Majesty, tainder or conviction of such trustee. (a) The reader will find the clauses in the act, referred to in Vol. IV. p. 18. s. 29. and note (a). In re Goddard, 1 Myl. & K. 25. Vol. V. p. 119. s. 20. his heirs, or successors, or to any corporation, lord of a manor, or other person, by reason of the attainder or conviction for any offence of such trustee or mortgagee, but shall remain in such trustee or mortgagee, or survive to his co-trustee, or descend or vest in his representative, as if no such attainder or conviction had taken place. By section 4 it is enacted, that the several provisions of the act shall extend to every case of a trustee having some beneficial estate or interest in the same subject, or some duty as trustee to perform, and also to every case of a trust arising or resulting by implication of law or by construction of equity. By section 5 it is enacted, that nothing therein contained shall prevent the escheat or forfeiture of any land, chattels, or stock, vested in any such trustee or mortgagee, so far as relates to any beneficial interest therein of any such trustee or mortgagee, but such land, chattels, or stock, so far as relates to any such beneficial interest, shall be recoverable in the same manner as if the act had not passed. To whom and to provisions of the what cases the act shall extend. The act not to prevent the escheat of any beneficial in terest. Where any person possessing lands, &c., as a trustee shall have died with out heirs, or have been con victed before the passing of the come subject to the control of Chancery. the Court of Section 6, after declaring that it is expedient to relieve persons beneficially entitled to real or personal property, which has already escheated or become forfeited to his Majesty, to corporations, to lords of manors, or others by any of the means aforesaid, enacts, that in all cases where before the passing of the act, any person possessed of, or entitled to any land, chattels, act, the lands, or stock, or any right to or interest in any land, chattels, or &c. shall bestock, as a trustee thereof, either in whole or in part, or jointly with some other trustee or trustees, shall have died without an heir, or shall have been convicted of any offence, whereby the said land, chattels, or stock, or any of them have escheated, or been forfeited, or have become subject to any escheat or forfeiture, then and in every or any such case the said land, chattels, or stock, or the right thereto or interest therein, which hath escheated or been forfeited, or become subject to escheat or forfeiture by reason thereof, shall be subject to the order, control, and disposition of the Court of Chancery, for the use of the party beneficially interested therein, in such manner and subject in all respects to such rights and incidents, and to such orders and regulations of the said Court, under the provisions of the said act of the 11th year of King George the Fourth, and of the first year of his present Majesty, as if such person so dead Proviso. without an heir, or so convicted as aforesaid, were out of the jurisdiction of, or not amenable to the process of the said Court, without having been so convicted. And it was thereby provided that nothing in the said sixth clause contained, shall extend to any land, chattels, or stock, at the time of the passing of the act vested in any person by virtue of any grant thereof made, subsequently to the time when such escheat or forfeiture first occurred, or to any lands, chattels, or stock, which more than twenty years prior to the passing of the act shall have been actually vested in possession or reduced into possession by the party entitled thereto, by virtue of any such escheat or forfeiture. c. 30. EXCHANGE OF LANDS LYING IN COMMON FIELDS. In Vol. III. pp. 80-81. and Vol. V. p. 5. some observations will be found upon the subject of enclosure of common lands, and to which the reader is referred. The object of the recent statute 4 & 5 Will. 4. 4 & 5 Will. 4. c. 30. is to facilitate exchanges of pieces of land lying intermixed, and dispersed in common fields, meadows, and pastures, for other pieces of land, either lying therein, or being part of the enclosed lands in the same or any adjoining parish. 1 Prest. Ab. 162. In the general inclosure act, 41 Geo. 3. c. 109. there is a provision (s. 15.) authorising the commissioners to allot by way of exchange, any lands, &c., new allotments or old enclosures in one parish, in lieu of other lands, &c., new allotments or old enclosures within the same parish, or other adjoining parishes or places, so that such exchanges were made with the consent of the owners or other persons therein specified, and, if the lands &c. were held in right of any church, or other ecclesiastical benefice, with the consent of the patron and bishop of the diocese. But the act does not contain any provision for communicating to the lands received in exchange, the title which governed the lands given in exchange. Such a clause is usually introduced into local inclosure acts, by means of which, as a learned author justly observes, a change of land is effected between the exchanging parties, but not a change of title. Where |