« EelmineJätka »
No. 8. assurance executed after the said thirty-first day of December, One Act 3 & 4 thousand eight hundred and Thirty-three, or under a limitation to W.4, c. 106. the heirs or to the heirs of the body of any of his ancestors, or
under any limitation having the same effect, contained in a will of the heirs of their ancestor,
any testator who shall depart this life after the said Thirty-first day the land shall of December, One thousand eight hundred and thirty-three, then descend as if and in any of such cases such land shall descend, and the descent the ancestor thereof shall be traced as if the ancestor named in such limitation had been the purchaser.
had been the purchaser of such land. Brothers, &c.,
V. And be it further enacted, That no brother or sister shall be shall trace considered to inherit immediately from his or her brother or sister, descent through but every descent from a brother or sister shall be traced through their parent. the parent. Lineal ancestor VI. And be it further enacted, That every lineal ancestor shall may be heir in
be capable of being heir to any of his issue; and in every case preterence to
where there shall be no issue of the purchaser, his nearest lineal collateral persons claiining
ancestor shall be his heir in preference to any person who would tlırough him. have been entitled to inherit, either by tracing his descent through
such lineal ancestor, or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his
issue, other than a nearer lineal ancestor or his issue. The male line VII. And be it further enacted and declared, That none of the to be preferred. maternal ancestors of the person from whom the descent is to be
traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and also that no female paternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed; and that no female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male
maternal ancestors and their descendants shall have failed. The mother of VIII. And be it further enacted and declared, That where there more remote
shall be a failure of male paternal ancestors of the person from male ancestor to be preferred
whom the descent is to be traced, and their descendants, the to the mother mother of his more remote male paternal ancestor, or her descendof the less ants, shall be the heir or heirs of such person, in preference to the remote male
mother of a less remote male paternal ancestor, or her descendants; and where there shall be a failure of male maternal ancestors of such person, and their descendants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote
male maternal ancestor, and her descendants. Half-blood, if IX. And be it further enacted, That any person related to the on the part of person from whom the descent is to be traced by the half-blood a male ancestor, shall be capable of being his heir; and the place in which any to inherit after the whole-blood
such relation by the half-blood shall stand in the order of inheritof the same
ance, so as to be entitled to inherit, shall be next after any relation degree; if on in the same degree of the whole-blood and his issue, where the the part of a
common ancestor shall be a male, and next after the common female ancestor, ancestor where such common ancestor shall be a female, so that
the brother of the half-blood on the part of the father shall inherit next after the sisters of the whole-blood on the part of the father and their issue, and the brother of the half-blood on the part of the mother shall inherit next after the mother.
X. And be it further enacted, That when the person from whom No. 8. the descent of any land is to be traced shall have had any relation Act 3 & 4 who, having been attainted, shall have died before such descent W.4, c. 106. shall have taken place, then such attainder shall not prevent any
After the death person from inheriting such land who would have been capable of of a person inheriting the same, by tracing his descent through such relation, attainted, his if he had not been attainted, unless such land shall have escheated descendants in consequence of such attainder, before the First day of January, may inherit. One thousand eight hundred and thirty-four:
XI. And be it further enacted, That this Act shall not extend to Act not to any descent which shall take place on the death of any person who extend to any shall die before the said First day of January, One thousand eight descent before hundred and thirty-four.
XII. nd it further enacted, That where any assurance exe- Limitations cuted before the said First day of January, One thousand eight made before
the 1st Jan., hundred and thirty-four, or the will of any person who shall die
1834, to the before the same First day of January, One thousand eight hundred heirs of a person and thirty-four, shall contain any limitation or gift to the heir or then living, heirs of any person, under which the person or persons answering shall take effect the description of heir shall be entitled to an estate by purchase, had not been then the person or persons who would have answered such de- made. scription of heir if this Act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said First day of January, One thousand eight hundred and thirty-four.
No. 9.–6 & 7 Wm. 4, ch. 111. An Act to prevent the Fact of a No. 9.
previous Conviction being given in Evidence to the Jury on the Act 6 & 7 Case before them, except when Evidence to Character is given. W.4, c. 111.
. (20th August, 1836.) W HEREAS by an Act passed in the seventh and eighth years 7 & 8 G. 4,
of the reign of King George the Fourth, entitled, “ An Act c. 28. for further improving the Administration of Justice in Criminal Cases,” provision is made for the more exemplary punishment of offenders who shall commit any felony not punishable with death after a previous conviction for felony; And whereas, since the passing of the said Act the practice has been on the trial of any person for any such subsequent felony to charge the jury to inquire at the same time concerning such previous conviction ; And whereas A previous doubts may be reasonably entertained whether such practice is conviction not consistent with a fair and impartial inquiry as regards the matter to be given in of such subsequent felony, and it is expedient that such practice charge or read
to the jury until should from henceforth be discontinued ; Be it therefore enacted after the finding by the King's most Excellent Majesty, by and with the advice and for a subsequent consent of the Lords Spiritual and Temporal, and Commons, in felony ; except
when evidence this present Parliament assembled, and by the authority of the
as to good same, That from and after the passing of this Act it shall not be character is lawful on the trial of any person for any such subsequent felony to given, charge the jury to inquire concerning such previous conviction, until after they shall have inquired concerning such subsequent felony, and shall have found such person guilty of the same; and whenever in any indictment such previous conviction shall be
stated, the reading of such statement to the jury as part of the inAct 6 & 7
dictment shall be deferred until after such finding as aforesaid : W.4, c. 111. Provided nevertheless, that if upon the trial of any person for any
such subsequent felony as aforesaid, such person shall give evidence of his or her good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the indictment and conviction of such person for the previous felony before such verdict of guilty shall have been returned, and the jury shall inquire concerning such previous conviction for felony at the same time that they inquire concerning the subsequent felony.
No. 10. No. 10.–6 & 7 Wm. 4, ch. 114. An Act for enabling Persons inAct 6 & 7
dicted of Felony to make their Defence by Counsel or Attorney. W.4, c. 114. .
(20th Aug., 1836.) W
offences against the law should be enabled to make their full
answer and defence to all that is alleged against them; Be it theretried for fore enacted by the King's most Excellent Majesty, by and with felony after
the advice and consent of the Lords Spiritual and Temporal, and 1st October
Commons, in this present Parliament assembled, and by the authonext may make their defence by rity of the same, That from and after the First day of October next Counsel or
persons tried for felonies shall be admitted, after the close of Attorney.
the case for the prosecution, to make full answer and defence thereto, by counsel learned in the law, or by attorney in Courts where attorneys practise as counsel.
No. 11. No. 11.-1 Vic. ch. 28. An Act to amend an Act of the Third and Act 1 Vic.
Fourth Years of His late Majesty, for the Limitation of Actions and Suits relating to Real Property, and for simplifying the
Remedies for trying the Rights thereto. (3rd July, 1837.) CHEREAS doubts have been entertained as to the effect of a
certain Act of Parliament made in the third and fourth years 3 & 4 W. 4, of His late Majesty King William the Fourth, entitled, “ An Act c. 27.
for the Limitation of Actions and Suits relating to Real Property, and for simplifiing the Remedies for trying the Rights thereto, so far as the same relates to mortgages; and it is expedient that such doubts should be removed ; Be it declared and enacted by the Queen'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, Mortgagees
That it shall and may be lawful for any person entitled to, or within the definition in
claiming under any mortgage of land, being land within the defini3 & 4 W. 4,
tion contained in the first section of the said Act, to make an entry c. 27, s. 1, or bring an action at law or suit in equity to recover such land may bring
at any time within Twenty years next after the last payment of any recover land
part of the principal money or interest secured by such mortwithin 20 years gage, although more than Twenty years may have elapsed since atter last pay
the time at which the right to make such entry, or bring such ment of princi- action or suit in equity shall have first accrued, anything in the pal or interest.
said Act notwithstanding.
No. 12.-1 Vic. ch. 88. An Act to amend certain Acts relating to
the Crime of Piracy. (17th July, 1837.) THEREAS it is expedient to amend so much of an Act passed
No. 12. Act 1 Vic.
Eighth, entitled “ For Pirates,” and so much of an Act passed in the 28 H. 8, c. 15. Eleventh and Twelfth years of the reign of King William the Third, entitled, “ An Act for the more effectual Suppression of 11 & 12 W.3, Piracy,” and so much of an Act passed in the Fourth year of the c. 7. reign of King George the First, entitled, “ An Act for the further 4 G. 1, c. 11, preventing Robbery, Burglary, and other Felonies, and for the s. 7. more effectual Transportation of Felons and unlawful Exporters of Wool, and for declaring the Law upon some Points relating to Pirates," and so much of an Act passed in the Eighth year of the same reign, entitled, “ An Act for the more effectual suppressing of 8 g. 1, c. 24. Piracy," and so much of an Act passed in the Eighteenth year of the reign of King George the Second, entitled, " An Act to amend 18 G. 2, c. 30. an Act made in the Eleventh year of the reign of King William the Third, entitled, 'An Act for the more effectual Suppression of Piracy,'” as relates to the punishment of the crime of piracy, or of any offence by any of the said Acts declared to be piracy, or of accessaries thereto respectively; Be it therefore enacted by the Queen'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 so much of the said several Acts as is herein before referred Repeal of to shall from and after the commencement of this Act be, and the provisions in
recited Acts, same is hereby repealed.
II. And be it enacted, That from and after the commencement Punishment of this Act, whosoever, with intent to commit, or at the time of, or
of piracy when immediately before or immediately after committing the crime of murder is
attempted. piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of, or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.
III. And be it enacted, That from and after the commencement Persons guilty of this Act, whosoever shall be convicted of any offence which by of piracy, to be any of the Acts hereinbefore referred to amounts to the crime of transported. piracy, and is thereby made punishable with death, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than Fifteen years, or to be imprisoned for any term not exceeding Three years.
IV. And be it enacted, That in the case of every felony punish- Punishment of able under this Act, every principal in the second degree, and every accessaries. accessary before the fact shall be punishable with death, or otherwise in the same manner as the principal in the first degree is by this Act punishable; and every accessary after the fact to any felony punishable under this Act shall, on conviction, be liable to be imprisoned for any term not exceeding Two years.
V. And be it enacted, That where any person shall be convicted Offences of any offence ishable under this Act for which imprisonment punishable by
2 Q 2
No. 12. may be awarded, it shall be lawful for the Court to sentence the Act 1 Vic. offender to be imprisoned, or imprisoned and kept to hard labour,
in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding One month at any one time, and not exceeding Three months in any one year, as to the Court in its dis
cretion shall seem meet. Not to affect VI. And be it further enacted, That nothing in this Act conpowers of
tained shall be construed to extend to the alteration or repeal of 5 & 6 W. 4,
any of the powers, provisions, or regulations contained in an Act f. 38, and 4 G. 4.c. 64.
made and passed in the Fifth and Sixth years of the reign of His late Majesty King William the Fourth, entitled, “ An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain ;” or in an Act made and passed in the Fourth year of His Majesty King George the Fourth, entitled, “ An Act for consolidating and amending the Laws relating to the Building, Repairing, and Regulating of certain Gaols and
Houses of Correction in England and Wales." Cmmencement. VII. And be it further enacted, That this Act shall commence of Act.
and take effect on the First day of October, One thousand eight hundred and thirty-seven.
No. 13. Act 4 Vic.
No. 13.–4 Vic. ch. 21. An Act for rendering a Release as Effectual
for the Conveyance of Freehold Estates as a Lease and Release
by the same Parties. (18th May, 1841.) THEREAS it is expedient to lessen the expense of conveying
A release to be effectual although no lease for a year shall be executed.
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 every deed or instrument of release of a freehold estate, or deed or instrument purporting or intended to be a deed or instrument of release of a freehold estate which shall be executed on or after the Fifteenth day of May, One thousand eight hundred and forty-one, and shall be expressed to be made in pursuance of this Act, shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects both at law and equity as if the releasing party or parties who shall have executed the same had also executed in due form a deed or instrument of bargain and sale or lease for a year for giving effect to such release, although no such deed or instrument of bargain and sale or lease for a year shall be executed : Provided that every such deed or instrument so taking effect under this Act shall be chargeable with the same amount of stamp duty as any bargain and sale or lease for a year would have been chargeable with (except progressive duty) if executed to give effect to such deed or instrument, in addition to the stamp duties which such deed or instrument shall bu chargeable with as a release or otherwise, under any Act or Acts relating to stamp duties.
I! And whereas many deeds or instruments of bargain and sale
Release chargeable with the stamp duty to which the lease for a year would have been liable.