by the grand jury of the county of Dublin, for or in respect of the constabulary force for the said county, under the said hereinbefore recited Act of the last session of Parliament, except in so far as may be required to pay any advance which may have been made for the service of the said constabulary force previous to such first assessment; all which advances shall and may be recovered, and the said houses, lands, and tenements, and the owners and occupiers thereof, be and remain liable to the payment of all sums presented and applotted on account of such previous advances, in like manner to all intents and purposes as if this Act had not been made.

And after reciting that the said police district of Dublin metropolis, as heretofore constituted and defined, is by law directed to be divided into and now consists of four divisions, in each of which one public office is established, and three Divisional Justices appointed to attend; and that it may be expedient that a smaller number of divisional and police officers and Divisional Justices respectively should be established and assigned in and for the said police district as defined under this Act;It is Enacted,

XIII. That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, by and with the advice of Her Majesty's Privy Council there, to divide the said police district of Dublin metropolis, as defined under this Act, into any number not exceeding four divisions, and to define and declare the limits thereof accordingly, and to establish public offices therein, one in each such division, and to attach to each such office any number not exceeding three such Justices; and from time to time as such Lord Lieutenant or other Chief Governor or Governors shall, with such advice and consent as aforesaid, think proper, to alter the number of such divisions or the limits thereof, or to discontinue or alter the situation of any of the said offices, or to increase or diminish the number of Justices attached thereto respectively: Provided always, that there shall not at any time be more than four such divisions or offices, nor more than three nor less than two Justices (of whom one shall be a barrister) attached to any such office.

XIV. That upon any such reduction of the number of Divisional Justices or divisions, it shall and may be lawful for the said Lord Lieutenant or other Chief Governor or Governors to select from and out of the Divisional Justices then acting as such so many as may be required to discharge the duties of the said police offices, and to supersede other of the said Justices whose services may not be required, and in like manner to supersede any clerk or chief constable previously attached to any office then discontinued, and to direct that any of such Justices, clerks, or constables so superseded shall receive two-thirds of his present salary during his life, payable in like manner as the salary of such Justices, clerks, or constables are payable out of the funds applicable to the maintenance of the said police.

xv. Provided always, That the payment of any and every allowance of any proportion of salary to any Justice, clerk, or constable superseded under this Act, shalla ltogether cease and be suspended during any period while the person to whom such allowance shall be granted shall hold any office in any public department, the salary or profits whereof shall be equal to or shall exceed the salary which was enjoyed by such person as such Justice, clerk, or constable; and in case the salary or profits of the office to which such person may be appointed shall be less than the salary which was enjoyed by such person as such Justice, clerk, or constable, then no more of such allowance shall be paid to him than what, together with the salary and profits of such new office, shall be equal to the amount of the salary enjoyed by such person at the time of his being superseded as aforesaid.

XVI. That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland, from time to time as he or they shall find necessary, to make such rules and regulations in respect of the attendance of the Justices and other officers at the police offices, and conducting the same, as may be deemed expedient, and to require the occasional attendance of any Divisional Justice at any office other than that to which he may be regularly attached, if necessary.

XVII. That whenever the number of Divisional Justices at any public office in the said district shall not exceed two, or the number of offices be reduced below four, it shall and may be lawful to and for the said Lord Lieutenant or other Chief Governor or Governors, in consideration of the increased duty which will be imposed on such Justices, to increase the salary of each Divisional Justice at such office, or in case of the reduction of the number of offices at the remaining offices to any sum not exceeding 6001. by the year, to be chargeable on the funds applicable to the maintenance of the said police.

And after reciting that by operation of the said recited Act of the last session of Parliament, for the consolidation of the laws relating to the constabulary force in Ireland, the office of superintendent or inspector of the chief constable and constables appointed under an Act, 5 Geo. 4. c. 28, intituled, An Act to amend an Act of the Third Year of His present Majesty's Reign, for the Appointment of Constables in Ireland,' will cease and determine on the constabulary force of the said county being organized under the said Act of the last session of Parliament, and it is reasonable that compensation should be made to such superintendent for the loss of the said office ;

It is Enacted,

XVIII. That it shall and may be lawful to and for the said Lord Lieutenant or other Chief Governor or Governors to grant to the person having held the said office of superintendent or inspector of the chief constables and constables an annual allowance or compensation not exceeding two-thirds of the salary paid to him in respect of the said office, which allowance or compensation shall be presented by the grand jury of the said county of Dublin in two equal sums, one moiety at each presenting term, during his life, on proof to the grand jury from time to time that he is living.

XIX. That no office or employment under the said first-recited Act of the last Session of Parliament shall prevent the holder thereof from receiving any half pay to which, if he did not hold such office or employment, he might be or become entitled under any Act passed or hereafter to be passed, unless it shall be specially mentioned and provided in such Act that persons holding such appointments shall not receive half pay.

xx. That the Justices appointed and acting under the said recited Act, 48 Geo. 3. c. 140, or under any Act passed or to be passed for the regulation of the police district of Dublin metropolis, shall be and are hereby exempted and disqualified from being returned or serving on any juries or inquests whatsoever in the county or county of the city of Dublin.

And after reciting that there are many shops, rooms, cellars, and places of public resort, where thieves, prostitutes, and other disorderly persons assemble at night;

It is Enacted,

XXI. That no shop, room, cellar, or place of public resort, where ready-made coffee, tea, or other liquors are sold or consumed, within the said police district, shall be kept open after the hour of eleven at night during any part of the year, nor open before the hour of four in the morning between Lady Day and Michaelmas, or before five in the morning between Michaelmas and Lady Day; and that no shop, room, cellar, or place of public resort, where any refreshments or any liquors not subject to any duties of Customs or Excise are consumed within the said police district, shall be kept open after the bour of one in the morning or before the hour of five in the morning; and if any such shop, room, cellar, or place shall be open within the hours herein before respectively prohibited, or being shut up if any person shall during those hours respectively be found therein, except the persons actually dwelling there, or having lawful excuse for being there, or if gaming shall be at any time permitted or suffered therein, then the master, mistress, waiter, or other person having the care, government, or management of such shop, room, cellar, or place, whether he or she be the real owner or keeper thereof or not, shall forfeit and pay any sum not exceeding 10l. upon conviction of any such offence before any Justice of the Peace by confession or upon oath of one or more credible witness or witnesses; and if the party so convicted shall not immediately pay the said penalty, the Justice shall commit him or her to hard labour in the house of correction for any space of time not exceeding three months, unless the said penalty shall be sooner paid; and the said penalty when paid shall be distributed, one moiety to the informer, and the other moiety to the receiver of the police fund of the said district, for the purposes of the said Acts: Provided always, that nothing herein contained shall apply to or affect any house duly licensed for the sale of wines and spirituous liquors; and that no such conviction shall exempt the owner, keeper, or manager of any such shop, room, cellar, or place from any penalty or penal consequence whereto he or she may be liable for keeping a disorderly house.

XXII. That if any person shall within the said police district blow any horn or use any other noisy instrument for the purpose of hawking, selling, or distributing any article whatsoever, it shall be lawful for any constable, patrol, watchman, or other person to apprehend every person so offending, and convey him before any Justice of the Peace, who shall proceed to examine upon oath any witnesses appearing to give evidence touching such offence, and if the party accused shall be convicted of such offence, then and in every such case he shall for every such offence forfeit and pay any sum not exceeding 40s.; and in case the offender shall not upon conviction forthwith pay the penalty, such Justice is hereby required to commit such offender to the house of correction, there to be kept to hard labour for any time not exceeding ten days, unless the penalty shall be sooner paid. And after reciting that accidents often happen and damage is frequently done in the streets and highways by the negligence or wilful misbehaviour of persons driving carriages or vehicles thereon, and the laws now in force have been found insufficient for the due protection of Her Majesty's subjects;

It is Enacted,

XXIII. That if the driver of any carriage or vehicle of any kind whatsoever shall ride upon any such carriage or vehicle, or on any horse drawing the same, not having some person on foot or on horseback to guide the same (such carriages or vehicles as are commonly driven or conducted by some person holding the reins of the horse or horses excepted), or if the driver of any carriage or vehicle whatsoever, or any person riding, shall by negligence, wilful misbehaviour, or any other misconduct, cause any hurt or damage to any person or property being upon any street or highway, or if the driver of any carriage or vehicle whatever shall wilfully be at such distance from such carriage or vehicle that he cannot have the direction and government of any horse or horses or cattle drawing the same, not having employed some proper person to take care of the same, or shall, by negligence, wilful misbehaviour, or any other misconduct, interrupt the free passage of any other carriage or vehicle or of Her Majesty's subjects, or shall obstruct any street or highway, or any crossing therein, or the approach or access to any house or shop, and being required by any constable or peace officer to pass on or move shall continue to obstruct the same, every person so offending in any of the cases aforesaid within the said district, and being convicted by any Justice of the Peace of any such offence, either upon confession or by the oath of a credible witness, shall for every such offence forfeit any sum not exceeding 40s.; and in every case where any such burt or damage shall have been caused as aforesaid shall further pay such a sum not exceeding 51., as shall appear to the said Justice to be a reasonable compensation, to the person so aggrieved or injured; and the evidence of such person shall be admitted in proof of the offence; Provided always, that if the person so aggrieved or injured shall have been the only witness examined in proof of the offence, such sum so ordered as compensation shall be paid and applied in the same manner as a penalty; and in default of payment of such penalty and of such compensation, if ordered, together with the costs attending such conviction, immediately or within such time as such Justice shall appoint, such Justice shall and may commit such offender to the common gaol or house of correction, to be there imprisoned for any term not exceeding two months, unless such penalty, together with the costs and compensation, if ordered shall be sooner paid; and every such offender shall and may by the authority of this Act, with or without any warrant, be apprehended by any person who shall see such offence committed, and shall be immediately conveyed or delivered to a constable or other peace officer, in order to be conveyed before some Justice of the Peace.

XXIV. That from and after the passing of this Act all the powers and authorities given to the Commissioners for paving and lighting the city of Dublin, or to any one or more of them, in and by an Act, 47 Geo. 3. sess. 2. c. 109, intituled, An Act for the more effectual Improvement of the City of Dublin and the Environs thereof,' or by any Act passed for the amendment thereof, for hearing and determining any complaint for any offence against the provisions of the said Acts or any of them, and for imposing any fine or penalty thereon, and for enforcing the same, and for summoning the parties and witnesses thereon, shall be transferred to and be solely exercised according to the forms and provisions of the said Acts by one or more of the said Divisional Justices at the public office of the division in which the matter of the said complaint shall have arisen; and all the powers given in and by the said Acts or any of them to any inspector, constable, or other person appointed by the said Commissioners for the removal or suppression of nuisances, or the apprehension of persons committing any offence, shall and may be exercised and put in force by all and every or any of the constables and sub-constables appointed or to be appointed under the said first-recited Act of the last session of Parliament in every street, lane, or other place within the said police district;

and every such constable or sub-constable shall for those purposes have all the powers, authorities, and privileges of the inspectors, constables, and other persons appointed or who may be appointed under the said Acts for the improvement of the said city by the said Commissioners.

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XXV. That all fines and penalties recoverable under this Act, or under any other Act or Acts now in force or hereafter to be passed, and not otherwise directed by the said Acts to be applied, which may be adjudged or imposed by any Justice or Justices of the Peace within the said district, shall be paid to the receiver appointed under the said Act of the last Session of Parliament. XXVI. That every conviction for any offence mentioned in this Act or in any of the said recited Acts, relating to the police of the district of Dublin metropolis, may be in the following form of words, or some other form of words to the like effect: 'County, &c. BE it remembered, That on the Day of in the Year of our Lord • to wit. A.B. is brought before me [or, having been duly summoned, has neglected to appear before 'me,] C.D. Esquire, one of Her Majesty's Justices of the Peace for the County of [or City or Place, as the Case may be,] and is charged before me the said Justice with having [here describe the Offence]; and it appearing to me the said Justice, upon the Confession of him the said A.B. [or upon the Oath of a credible Witness, as the Case may be,] that the said 'A.B. is guilty of the said Offence, I do therefore adjudge the said A.B. [insert the Adjudication of the Justice]. Given under 'my Hand and Seal the Day and Year first above written.'

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XXVII. That no such conviction shall be quashed or set aside, or adjudged void or insufficient, for want of form, nor shall the same be removed by certiorari into Her Majesty's Court of Queen's Bench; but that in all cases where the penalty shall exceed the sum of 51. or one month's imprisonment, if any person shall think himself or herself aggrieved by such conviction, such person may appeal to the Justices of the Peace at the next General or Quarter Sessions of the Peace to be held for the county or city wherein the cause of complaint shall have arisen, such person at the time of his or her conviction entering into a recognizance with two sufficient sureties conditioned personally to appear at the said Sessions to try such appeal, and to abide the further judgment of the Justices at such Sessions assembled; and it shall be lawful for the Justice before whom such conviction has taken place to bind over the witnesses who shall have been examined in proof of such offence in sufficient recognizances to attend and be examined at the hearing of such appeal; and that every such witness, on producing a certificate of his being so bound over under the band of such Justice, shall be allowed compensation for his time and trouble and expenses in attending such appeal, which compensation shall be paid by the treasurer of the county in like manner as in cases of felony, according to and under the provision of an Act passed in the last Session of Parliament, intituled, An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland' Provided always, that in case such appeal shall be dismissed and such conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the Court, shall be paid by the appellant or appellants, and the recognizance or recognizances so entered into as aforesaid shall be estreated, unless such expenses are so paid by such appellant or appellants.

XXVIII. That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament. XXIX. That this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others.

SCHEDULE to which this Act refers.

Boundary of the Dublin Police District.

From the Sea Beach, opposite the Point where the Barony of Rathdown abuts on the Road leading from Dublin to Blackrock at Old Merrion Burying Ground; along the Boundary Line between said Barony and the County of the City of Dublin to the Bridge over the Dodder at Donnybrook; thence along the left Bank of said River Dodder to the Junction of the Baronies of Uppercross and Newcastle, near Cypress Grove; and thence along the boundary Line between the Baronies of Newcastle and Uppercross to the Third Lock from Dublin, on the Grand Canal, near Golden Bridge; thence in a direct Line to the Bridge over the River Anna Liffey at Chapelizod; and from the said Bridge along the left Bank of said River Anna Liffey to the Ferry at the Bottom of Knock maroon Hill; thence along the Line of Road over Knockmaroon Hill to the Entrance of the Phoenix Park at Knockmaroon Gate; thence by the Wall of the Phoenix Park to Ashtown Lodge at the Back of the Under Secretary's House; from thence by the most direct Road over Longford Bridge on the Royal Canal to the Tolka River; and thence along the said River till it falls into the Sea at Annesley Bridge; thence by the Sea Line to the Lighthouse at the Termination of the North Wall; from thence across the River Liffey by a direct line to the Lighthouse at the Termination of the South Wall; and from thence by the Low-water Mark to the Sea Beach opposite the Point where the Barony of Rathdown abuts on the Road leading from Dublin to Blackrock at Old Merrion Churchyard, as above described.

CAP. XXVI.

AN ACT for the Amendment of the Laws with respect to Wills.

(3rd July 1837.)

ABSTRACT OF THE ENACTMENTS.

1. Meaning of certain words in this Act;-" Will;"—" Real estate ;”—“ Personal estate ;"-Number ;-Gender.

2. Repeal of the Statutes of Wills, 32 Hen. 8. c. 1. and 34 & 35 Hen. 8. c. 5;-10 Car. 1. sess. 2. c. 2. (I.)—Sec. 5, 6, 12, 19, 20, 21, & 22, of the Statute of Frauds, 29 Car. 2. c. 3; 7 Will. 3. c. 12 (I.)—Sec. 14 of 4 & 5 Anne, c. 16;—6 Anne c. 10. (I.)—Sec. 9. of 14 Geo. 2. c. 20 ;—25 Geo. 2. c. 6. (except as to colonies.)—25 Geo. 2. c. 11. (I.)—55 Geo. 3. c. 192. VOL. XV.-STAT.

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3. All property may be disposed of by will,-comprising customary freeholds and copyholds without surrender and before admittance, and also such of them as cannot now be devised;-Estates pur autre vie :-contingent interests;—Rights of entry ; and property acquired after execution of the will.

4. As to the fees and fines payable by devisees of customary and copyhold estates.

5. Wills or extracts of wills of customary freeholds and copyholds to be entered on the court rolls;-and the lord to be entitled to the same fine, &c. when such estates are not now devisable as he would have been from the heir in case of descent.

6. Estates pur autre vie.

7. No will of a person under age valid.

8. Nor of a feme covert, except such as might now be made.

9. Every will shall be in writing, and signed by the testator in the presence of two witnesses at one time.

10. Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed. 11. Soldiers and mariners wills excepted.

12. Act not to affect certain provisions of 11 Geo. 4. & 1 Will. 4. c. 20. with respect to wills of petty officers and seamen and marines. 13. Publication not to be requisite.

14. Will not to be void on account of incompetency of attesting witness.

15. Gifts to an attesting witness to be void.

16. Creditor attesting to be admitted a witness.

17. Executor to be admitted a witness.

18. Will to be revoked by marriage.

19. No will be revoked by presumption.

20. No will to be revoked but by another will or codicil, or by a writing executed like a will, or by destruction.

21. No alteration in a will shall have any effect unless executed as a will.

22. No will revoked to be revived otherwise than by re-execution or a codicil to revive it.

23. A devise not to be rendered inoperative by any subsequent conveyance or act.

24. A will shall be construed to speak from the death of the testator.

25. A residuary devise shall include estates comprised in lapsed and void devises.

26. A general devise of the testator's lands shall include copyhold and leasehold as well as freehold lands.

27. A general gift shall include estates over which the testator has a general power of appointment.

28. A devise without any words of limitation shall be construed to pass the fee.

29. The words "die without issue," or "die without leaving issue," shall be construed to mean die without issue living at the death. 30. No devise to trustees or executors, except for a term or å presentation to a church, shall pass a chattel interest.

31. Trustees under an unlimited devise, where the trust may endure beyond the life of a person beneficially entitled for life, to take the fee.

32. Devises of estates tail shall not lapse.

33. Gifts to children or other issue who leave issue living at the testator's death shall not lapse.

34. Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838.

35. Act not to extend to Scotland.

36. Act may be altered this session.

By this ACT, it is Enacted,

1. That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word "Will" shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of an Act, 12 Car. 2. c. 24, intituled, An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof,' or by virtue of an Act, 14 & 15 Car. 2. (1.), intituled, An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service,' and to any other testamentary disposition; and the words "Real Estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copy-hold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and the words Personal Estates" shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and every word importing the single number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

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11. That an Act, 32 Hen. 8. c. 1, intituled, The Act of Wills, Wards, and Primer Seisins, whereby a Man may devise two Parts of his Land; and also an Act, 34 & 35 Hen. 8. c. 5, intituled, The Bill concerning the Explanation of Wills;' and also an Act, 10 Car. 1. sess. 2. c. 2. (I.), intituled, ́ An Act how Lands, Tenements, etc. may be disposed by Will or otherwise, and concerning Wards and Primer Seisins;' and also so much of an Act, 29 Car. 2. c. 3, intituled, An Act for Prevention of Frauds and Perjuries,' and of an Act, 7 Will. 3. c. 12. (I.), intituled, An Act for Prevention of Frauds and Perjuries,' as relates to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements, or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering, or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein; and also so much of an Act, 4 & 5 Anne, c. 16, intituled, An

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Act for the Amendment of the Law and the better Advancement of Justice,' and of an Act, 6 Anne, c. 10. (I.), intituled, 'An Act for the Amendment of the Law and the better Advancement of Justice,' as relates to witnesses to nuncupative wills; and also so much of an Act, 14 Geo. 2. c. 20, intituled, An Act to amend the Law concerning Common Recoveries, and to explain and amend an Act made in the Twenty-ninth Year of the Reign of King Charles the Second, intituled, "An Act for Prevention of Frauds and Perjuries," as relates to estates pur autrie vie; and also an Act, 25 Geo. 2. c. 6, intituled, An Act for avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates in that Part of Great Britain called England, and in His Majesty's Colonies and Plantations in America, except so far as relates to His Majesty's colonies and plantations in America;' and also an Act, 25 Geo. 2. c. 11. (I.), intituled, An Act for the avoiding and putting an end to certain Doubts and Questions relating to the attestation of Wills and Codicils concerning Real Estates; and also an Act, 55 Geo. 3. c. 192, intituled, An Act to remove certain Difficulties in the Disposition of Copyhold Estates by Will,' shall be and the same are hereby repealed, except so far as the same Acts or any of them respectively relate to any wills or estates pur autre vie to which this Act does not extend.

111. That it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which if not so devised, bequeathed, or disposed of would devolve upon the heir at law, or customary heir of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator; and that the power hereby given shall extend to all real estate of the nature of customary freehold or tenant right, or customary or copyhold, notwithstanding that the testator may not have surrendered the same to the use of his will, or notwithstanding that, being entitled as heir, devisee, or otherwise to be admitted thereto, he shall not have been admitted thereto, or notwithstanding that the same, in consequence of the want of a custom to devise or surrender to the use of a will or otherwise, could not at law have been disposed of by will if this Act had not been made, or notwithstanding that the same, in consequence of there being a custom that a will or a surrender to the use of a will should continue in force for a limited time only, or any other special custom, could not have been disposed of by will according to the power contained in this Act, if this Act had not been made; and also to estates pur autre vie, whether there shall or shall not be any special occupant thereof, and whether the same shall be freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament; and also to all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken and other rights of entry; and also to such of the same estates, interests, and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. IV. Provided always, That where any real estate of the nature of customary freehold or tenant right, or customary or copyhold, might, by the custom of the manor of which the same is holden, have been surrendered to the use of a will, and the testator shall not have surrendered the same to the use of his will, no person entitled or claiming to be entitled thereto by virtue of such will shall be entitled to be admitted, except upon payment of all such stamp duties, fees, and sums of money as would have been lawfully due and payable in respect of the surrendering of such real estate to the use of the will, or in respect of presenting, registering, or enrolling such surrender, if the same real estate had been surrendered to the use of the will of such testator: Provided also, that where the testator was entitled to have been admitted to such real estate, and might, if he had been admitted thereto, have surrendered the same to the use of his will, and shall not have been admitted thereto, no person entitled or claiming to be entitled to such real estate in consequence of such will shall be entitled to be admitted to the same real estate by virtue thereof, except on payment of all such stamp duties, fees, fine, and sums of money as would have been lawfully due and payable in respect of the admittance of such testator to such real estate, and also of all such stamp duties, fees, and sums of money as would have been lawfully due and payable in respect of surrendering such real estate to the use of the will, or of presenting, registering, or enrolling such surrender, had the testator been duly admitted to such real estate, and afterwards surrendered the same to the use of his will; all which stamp duties, fees, fine, or sums of money due as aforesaid shall be paid in addition to the stamp duties, fees, fine, or sums of money due or payable on the admittance of such person, so entitled or claiming to be entitled to the same real estate as aforesaid.

v. That when any real estate of the nature of customary freehold or tenant right, or customary or copyhold, shall be disposed of by will, the lord of the manor or reputed manor of which such real estate is holden, or his steward, or the deputy of such steward, shall cause the will by which such disposition shall be made, or so much thereof as shall contain the disposition of such real estate, to be entered on the court rolls of such manor or reputed manor; and when any trusts are declared by the will of such real estate, it shall not be necessary to enter the declaration of such trusts, but it shall be sufficient to state in the entry on the court rolls that such real estate is subject to the trusts declared by such will; and when any such real estate could not have been disposed of by will if this Act had not been made, the same fine, heriot, dues, duties, and services shall be paid and rendered by the devisee as would have been due from the customary heir in case of the descent of the same real estate, and the lord shall as against the devisee of such estate have the same remedy for recovering and enforcing such fine, heriot, dues, duties, and services as he is now entitled to for recovering and enforcing the same from or against the customary heir in case of a descent.

VI. That if no disposition by will shall be made of any estate pur autre vie of a freehold nature, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of special occupancy, as assets by descent, as in the case of freehold land in fee simple; and in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.