Page images
PDF
EPUB

Whenever any
British Sub-

jects, or Persons
not being
Mahomedans
or Gentoos,

shall die, entitled to any Real Estate in India, such Estate shall be deemed Assets.

Executors may
sell such Real

Estates for the
Payment of
Debts.

In any Action

for Debt, the Executor may be charged with the full Amount of such Real Estate.

In Suits against
Executors,

Courts may

[ocr errors]

CA P. XXXIII.

An Act to declare and settle the Law respecting the Liab
of the Real Estates of British Subjects and others, sit
within the Jurisdiction of His Majesty's Supreme Cour
India, as Assets in the Hands of Executors and Adm
strators, to the Payment of the Debts of their decel
Owners.
[27th June 182

WHEREAS some Doubts have arisen whether, and to va
Extent, the Real Estates of British Subjects and oth
(not being Mahomedans or Gentoos), situate within or be
under the Jurisdiction of His Majesty's Supreme Courts of
'cature in India, are liable, as Assets in the Hands of Execut
⚫ and Administrators, to the Payment of the Debts of their decease
< Owners: And Whereas it is expedient that such Doubts shou
'be removed;' Be it therefore and it is hereby declared a
enacted by the King's most Excellent Majesty, by and with
Advice and Consent of the Lords Spiritual and Temporal,
Commons, in this present Parliament assembled, and by the Aut
rity of the same, That whenever any British Subject shall die se
of or entitled to any Real Estate in Houses, Lands, or Hered
ments, situate within or being under the general Civil Jurisdic
of His Majesty's Supreme Courts of Judicature at Fort Wilhe
in Bengal, Fort Saint George, and Bombay respectively, or whe
ever any Person (not being a Mahomedan or Gentoo) shall
seised of or entitled to any such Real Estate, situate within t
local Limits of the Civil Jurisdiction of the same Courts respec
tively, such Real Estate of such British Subject or other Perse
as aforesaid (not being a Mahomedan or Gentoo) is and shall
deemed Assets, in the Hands of his or her Executor or Adm
strator, for the Payment of his or her Debts, whether by Specia
or Simple Contract, in the ordinary Course of Administration.

II. And it is further declared and enacted, That it is and sha be lawful for such Executor or Administrator of such British S ject or other Person as aforesaid (not being a Mahomedan Gentoo), to sell and dispose of such Real Estate for the Paymen: such Debts as aforesaid, and to convey and assure the same Esta to a Purchaser, in as full and effectual a Manner in Law as the Testator or Intestate of such Executor or Administrator could e might have done in his Life-time.

III. And it is further declared and enacted, That in any St or Action to be commenced and prosecuted in any of the sa Courts respectively, against such Executor or Administrator aforesaid, for the Recovery of any Debt or Demand due and owing by such Testator or Intestate in his Life-time and at the Ti of his Death, such Executor or Administrator shall and may be charged with the full Amount in Value of such Real Estate & aforesaid, not exceeding the actual net Proceeds of such Estate when sold by the Sheriff, as Assets in the Hands of such Executer or Administrator to be administered.

IV. And it is further declared and enacted, That in any such Suit or Action against such Executor or Administrator as afore said, it is and shall be lawful for the said Courts respectively to

award

[ocr errors]

vard and issue such Writs of Sequestration and Execution against order Writs of ich Houses, Lands, and Real Effects of such Testator or Intes- Sequestration. te, in the Hands of such Executor or Administrator as aforesaid, ad to cause the same to be seized, sequestered, and sold, or Posession thereof delivered under such Writs respectively, in the ime Manner as such Courts could and might have done in the ife-time of such Testator or Intestate as aforesaid.

V. And it is further declared and enacted, That all Conveyces and Assurances of such Real Estates of such British Subjects d other Persons so dying seised or entitled as aforesaid (not eing Mahomedans or Gentoos), situate within or being under the eneral or local Jurisdiction of such Courts respectively as aforeid, heretofore made and executed by Executors and Admistrators of such deceased British Subjects and other Persons as foresaid, are hereby confirmed, and shall be deemed, held, and ken to be of the same Force, Validity, and Effect in Law, as if e same had been made and executed by such deceased Persons their Life-time.

VI. Provided nevertheless, and it is hereby declared and encted, That neither this Act, nor any thing herein contained, shall e construed to operate as or have the Effect of changing or alterg the legal Quality, Nature, or Tenure of any Lands, Houses, states, Rights, Interests, or any other Subject of Property whatDever, or of making the same or any of them to be of the Nature f Real Property, if by Law, before the passing of this Act, the ame or any of them were Personal Property; but that the Law in at respect shall be and continue the same as if this Act had not assed.

Conveyances

and Assurances shall be deemed

of such Estates

good.

This Act not to alter the legal Quality

or Tenure of any Estates.

CA P. XXXIV.

An Act for altering and amending an Act passed in the Fiftyfifth Year of the Reign of His late Majesty, intituled An Act to regulate Madhouses in Scotland. [27th June 1828.]

What Sums

for Licences

WHEREAS an Act was passed in the Fifty-fifth Year of the 55 G. 3. c. 69. Reign of His late Majesty King George the Third, intituled An Act to regulate Madhouses in Scotland, which requires to be altered and amended in some respects;' Be it therefore enacted y the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in his present Parliament assembled, and by the Authority of the ame, That for and in respect of any Licence to be granted by any sheriff, for the Care and Confinement of any factious or furious Person, or Lunatic, within his County, in the Manner directed by the said recited Act, there shall be paid only Ten Shillings and Sixpence for every Person confined, in place of Two Guineas, as required by the said recited Act, to be accounted for in the Manner thereby directed: Provided always, that for no Licence to be so granted shall there be paid less than the Sum of Two Guineas. II. And be it enacted, That a Book shall be kept in every House so licensed, in which shall be inserted the Name and Date of Admission of every Insane Person into such House, and also the Death or Discharge of every such Person, specifying the State of Mind

9 GEO. IV.

[blocks in formation]

shall be paid granted for the Care of Insane Persons.

Books to be kept for entering the Time of Admission

and of Dis

charge of

Insane Persons.

Whenever
Coercion shall

be made use of
towards any
Person con-

thereof to be made in such Books.

in which such Person was at the Date of such Death or Dischar and the Cause of his or her Death.

III. And be it enacted, That whenever any Coercion, Severn or Restraint, beyond that of Solitary Confinement, shall be towards Person confined in such House, an Entry shall any made in the foresaid Book on the same Day on which such C fined, an Entry cion, Severity, or Restraint shall be first used, setting forth Nature of such Coercion, Severity, or Restraint, together with t special Cause thereof; and it is further provided, that the Keer of such House shall make or cause to be made an Entry in s Book on each succeeding Day during which such Coerci Severity, or Restraint may be continued, showing the Prog of the Disorder, and how far such Coercion, Severity, or Restra has been increased, diminished, continued, or put an end to also the Reasons for the Continuance or Change of such Treatme IV. And be it enacted, That such Book or Books shall be p duced to the Inspectors authorized to visit and inspect such Hous which Inspectors are hereby required to mark thereon the Date such Inspection, together with any Observations which they deem material as to the State of such House, or of all or any the Persons therein confined; and any Keeper of such House wh shall neglect to keep the Books hereby ordered, or to make there any of the Entries hereby ordered, at the Times and in the Ter hereby prescribed, or who shall refuse or neglect to produce suc Books when duly required, shall forfeit the Sum of Five Pounds is each Offence, to be recovered in the same Manner as Penalties be recovered under the said recited Act.

Books to be produced to Inspectors, who are to

insert the Date of their Inspection, &c.

No Insane

Person to be received into an Hospital without a

Warrant from the Sheriff, who is to inspect Hospitals.

Houses of
Reception to
be visited by
Medical Men.

Ministers empowered to visit Mad

houses within their Parishes.

V. And be it enacted, That no Insane Person shall be received into any Public Hospital or Public Lunatic Asylum without i Warrant from the Sheriff, such as is required by the said recte Act in the Case of a Private Madhouse; and the said Sherif hereby required to inspect such Hospitals and Asylums in th same way as Private Madhouses; and he is further authorized to order any Person to be discharged from such Hospital or Asylum who, after due Inquiry and medical Inspection, shall be considered by him as improperly detained therein.

VI. And be it further enacted, That in every House of Re ception for Two or more Insane Persons there shall, if it contam One hundred Patients, be a resident Physician or Surgeon; a every such House containing less than One hundred Patients case such House shall not be kept by a Physician or Surgeon shall be visited twice in every Week by a Physician or Surgeon, and such resident Attendant or visiting Physician or Surgeons hereby respectively required to report to the Keeper the Condition of the House, and State of Health of the Patients, and shall once in every Week enter and sign the same in a Register, according to the Form in the Schedule hereunto annexed; and such Register shall by the Keeper of such House be regularly laid before the Inspectors appointed by this and the before-recited Act, who are hereby required to sign the same in testimony of its Production. VII. Provided always, and be it further enacted, That the established Minister of the Parish wherein any House for the Reception of Insane Persons is situate, with the Consent in Writ ing of the Sheriff, shall have Liberty to visit all such Houses at

any

Lunatics are privately con

fined.

y Hour between Eight in the Morning and Eight in the Eveng; but notwithstanding such written Consent as aforesaid, the eeper of any such House may refuse such Minister Access to y Patient, if he shall think such Visit prejudicial to the due are or Recovery of the Patient, provided such Refusal, and the rounds thereof, shall be duly entered in the Register, and re›rted by such Keeper to the Inspectors at their then next ensuggo Visitation. VIII. And be it further enacted, That no Person shall receive Regulations to his exclusive Care and Maintenance, except he be a Relative, as to Persons y one Insane Person, without first having an Order and Certifi- with whom te signed by Two Physicians or Surgeons in Terms similar to at which is required on the Admission of any Insane Person o a licensed House; and that every such Person so having reived into his Charge any Insane Person as aforesaid shall, within ve Days thereof, transmit to the Sheriff of the County a Copy of ch Certificate, and shall also state the Parish wherein such ouse shall be situate, and the Name of the Occupier thereof; id such Order and Return may be sealed, and indorsed "Private eturn;" and also on the First Day of January, or within Seven ays thereof, in every Year, every such Person shall also transmit such Sheriff a Certificate signed by Two Physicians or Sureons, describing the then actual State of such Insane Person; d in case of the Death or Removal of such Insane Person, he all forthwith notify the same to such Sheriff; all which said Cerficates and Notifications shall be duly preserved; and the said heriff shall make or cause to be made therefrom a separate Reister, containing the true Christian and Surname of each Insane erson so confined, together with the Place of Confinement; hich Register shall be open to the Inspection of His Majesty's rincipal Secretary of State for the Home Department, or the ord President of the Court of Session, or the Lord Justice Clerk, r to such other Persons as shall be authorized to inspect the me, by an Order under their respective Hands; and any Peron receiving into his Care any Person contrary to this Enactment, shall incur a Penalty of Fifty Pounds, to be recovered in he Manner before specified.

nd

ered to erase Name of LuRegister.

IX. Provided always, and be it further enacted, That it shall Secretary of may be lawful for His Majesty's said Principal Secretary of State empowstate, in all Cases in which any such Patient shall have been disharged cured, upon his or her Application, verified, as to the dentity of Person and other Facts, to the Satisfaction of such Secretary of State, to direct that the Name of such Patient shall be wholly erased from the said Register.

natic from

X. And be it enacted, That it shall and may be lawful for the Justices may Justices of the Peace of every County in Scotland to name and appoint Three appoint, at a Court of Quarter Sessions to be held annually on the of their Number Same Day on which the Michaelmas Meeting of Freeholders takes to inspect place, if they shall think fit so to do, any Three of their Number Hospitals, &c. to visit and inspect any Private Madhouses or Asylums for the Custody of Lunatics situated in such County; and such Three Justices so appointed, or any Two of them, shall have Power to visit and inspect any such Madhouses or Public Hospitals or Asy

I 2

lums

This Act and the recited Act to be construed together.

lums in their County accordingly, and to report annually the annent to the Justices met in Quarter Sessions as aforesaid.

XI. And be it enacted, That this Act shall be deemed ax taken to be a Part of the said recited Act; and this Act and th said recited Act shall be construed together, in giving Effect the said recited Act and this Act.

H

SCHEDULE.

WEEKLY REGISTER to be kept in each House, and to be laid before the

[blocks in formation]

In Cases of Restraint the Necessity to be certified by the Physician, Surgeon, or Apothecar

Judgments

entered in the Courts in

Ireland to be

null and void unless redocketed and

CA P. XXXV.

An Act to protect Purchasers for valuable Consideration in Ireland against Judgments not revived or re-docketed within a limited Time.

[27th June 1898 THEREAS great Difficulties are frequently found to arise in making out Title to Freehold Property in Ireland. by reason not only of the Number of old outstanding Judg ments in the respective Courts of King's Bench, Common Pleas and Exchequer, in that Part of the United Kingdom, appearing unsatisfied on Record, though considerable Numbers of the same have been actually paid off and discharged, but also by reason that in many Cases the Defendants in Judgments entered in the said Courts are not sufficiently described, so as to iden tify the Persons against whom such Judgments have been actually recovered, to the great Impediment of the due Transfer of such Freehold Property, and to the great Disquiet of Pur chasers for valuable Considerations; and it is expedient that a Remedy be provided for the same:' 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 all Judgments which shall, after the passing of this Act, be entered or recovered in His Majesty's Courts of King's Bench, Common Pleas, or Exchequer, in Ireland, shall, after the Expiration of Twenty Years from the Date of the Entry or Recovery thereof, be null and void as against Purchasers for valuable Consideration of any Lands, Tenements, or Hereditaments in

Ireland,

« EelmineJätka »