Collateral ancestors from the same two parents. 8. Only brother of the half-blood from the father. 9. All the sisters of the half-blood from the father. 10. PATERNAL GRANDFATher. 11. Paternal uncles and aunts. 12. Paternal uncles and aunts of the half-blood from the paternal grandfather. 13. Paternal grandfather's father. 14. Father's paternal uncles and aunts. 15. Father's paternal uncles and aunts of the half-blood from the pa ternal grandfather's father. 16. Paternal grandfather's paternal grandfather. 17. Paternal grandfather's paternal uncles and aunts. 18. Paternal grandfather's paternal grandmother. 19. Paternal grandfather's mother. 20. Father's paternal uncles and aunts of the half-blood from the pa ternal grandfather's mother. 21. Paternal grandfather's maternal grandfather. 22. Paternal grandfather's maternal uncles and aunts. 23. Paternal grandfather's maternal grandmother. 24. PATERNAL GRANDMOTHER. 25. Paternal uncles and aunts of the half-blood from the paternal grand mother. 26. Paternal grandmother's father. 27. Father's maternal uncles and aunts. 28. Father's maternal uncles and aunts of the half-blood from the pa ternal grandmother's father. 29. Paternal grandmother's paternal grandfather. XII..... 30. Paternal grandmother's paternal uncles and aunts. 31. Paternal grandmother's paternal grandmother. 32. Paternal grandmother's mother. 33. Father's maternal uncles and aunts of the half-blood from the pa ternal grandmother's mother. THE LAW SINCE THE STATUTE 3 & 4 WM. 4, c. 106. 38. Only brother of the half blood from the mother. XIV..... 41. Maternal uncles and aunts. XV. .... 42. Maternal uncles and aunts of the half-blood from the maternal grandfather. 43. Maternal grandfather's father. 44. Mother's paternal uncles and aunts. 45. Mother's paternal uncles and aunts of the half-blood from the maternal grandfather's father. 46. Maternal grandfather's paternal grandfather. XVI. 47. Maternal grandfather's paternal uncles and aunts. XVII. ... 48. Maternal grandfather's paternal grandmother. 49. Maternal grandfather's mother. 50. Mother's paternal uncles and aunts of the half-blood from the ma ternal grandfather's mother. 51. Maternal grandfather's maternal grandfather. 52. Maternal grandfather's maternal uncles and aunts. 53. Maternal grandfather's maternal grandmother. 54. MATERNAL GRANDMOTher. 55. Maternal uncles and aunts of the half-blood from the maternal grandmother. 56. Maternal grandmother's father. XVIII... 57. Mother's maternal uncles and aunts. 58. Mother's maternal uncles and aunts of the half-blood from the ma ternal grandmother's father. 59. Maternal grandmother's paternal grandfather. XIX..... 60. Maternal grandmother's paternal uncles and aunts. 61. Maternal grandmother's paternal grandmother. 62. Maternal grandmother's mother. 63. Mother's maternal uncles and aunts of the half-blood from the ma ternal grandmother's mother. 64. Maternal grandmother's maternal grandfather. 65 Maternal grandmother's maternal uncles and aunts. 66. Maternal grandmother's maternal grandmother. See the directions and observations preceding the above Table. The CANONS OF DESCENT, as stated by Mr. JUSTICE BLACKSTONE, in his COMMENTARIES on the Laws of ENGLAND, B. ii. c. 14, are as follows. I. The first rule is, that inheritances shall lineally descend to the issue of the person who last died actually seised, in infinitum; but shall never lineally ascend. II. A second general rule or canon is, that the male issue shall be admitted before the female. III. A third rule or canon of descent is this; that where there are two or more males, in equal degree, the eldest only shall inherit; but the females all together. IV. A fourth rule or canon of descent is this; that the lineal descendants, in infinitum, of any person deceased shall represent their ancestor; that is, shall stand in the same place as the person himself would have done, had he been living. V. A fifth rule is, that on failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules. VI. A sixth rule or canon therefore is, that the collateral heir of the person last seised must be his next collateral kinsman, of the whole blood. VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female, however near,)—unless where the lands have, in fact, descended from a female. CREDITORS BY SIMPLE CONTRACT. 3 & 4 WILL. IV. c. 104. [Royal Assent, 29th August, 1833.] An Act to render Freehold and Copyhold Estates Assets for the • Sic. in all cases to be 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 by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this act, Freehold and when any person shall die seised of or entitled to any estate or in- copyhold estates terest in lands, tenements, or hereditaments, corporeal or incorporeal, assets for the payor other real estate, whether freehold, customaryhold, or copyhold, ment of simple which he shall not by his last will have charged with or devised sub-contract or specialty debts. ject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such 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. 11 G. 2, c. 19. APPORTIONMENT OF RENTS, &c. 4 WILL. IV. c. 22. [Royal Assent, 16th June, 1834.] An Act to amend an Act of the Eleventh Year of King George the WHEREAS by an act passed in the eleventh year of the reign of his Majesty King George the Second, intituled An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants, it was enacted, That where any tenant for life should happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements or hereditaments which determined on the death of such tenant for life, the executors or administrators of such tenant for life should and might, in an action on the case, recover of and from such undertenant or undertenants of such lands, tenements or hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion, of such rent, according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively: and whereas doubts have been entertained whether the provisions of the said 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: be it therefore enacted and declared by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, 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 within the provi- 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 Rents reserved on leases determining the person making them (though not strictly tenant for life), or on the death of the tenant pur autre vie, to be considered as on the death of sions of recited act. |