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VI. That every lineal ancestor shall be capable of being heir to any of his issue: ana in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit, either by tracing his Lineal ances- descent through such lineal ancestor, or in consequence of there being tor may be heir no descendant of such lineal ancestor, so that the father shall be prein preference to ferred to a brother or sister, and a more remote lineal ancestor to any of collateral per- hig i8Sue, other than a nearer lineal ancestor or his issue, sons claiming yjj That nong Qj. ^e maternal ancestors of the person from whom through him. ^ ,jegcem» js t0 oe traced, nor any of their descendants, shall be The male line capable of inheriting until all his paternal ancestors and their deto he preferred, scendants 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. That where there shall be a failure of male paternal ancestor* more remote of the person from whom the descent is to be traced, and their demale ancestor scendants, the mother of his more remote male paternal ancestor, or her to be preferred descendants, shall be the heir or heirs of such person, in preference to to the mother of the mother of a less remote male paternal ancestor, or her descendants; the less remote an(] wnere there shall be a failure of male maternal ancestors of such ma e ancestor. persorlj an(j 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. That any person related to the person from whom the descent on the part of a is to be traced by the half blood shall be capable of being his heir; and male ancestor, the place in which any such relation by the half blood shall stand in to inherit alter the order of inheritance, so as to be entitled to inherit, shall be next 'lJe'\no'.e after any relation in the same degree of the whole blood, and his issue, am d • if w^ere tne r°nimon ancestor shall be a male, and next after the common tm'the parTo'f a ancestor w^ere suc'1 comlnon ancestor shall be a female, so that the female ances- Drotner of the half blood on the part of the father shall inherit next tor after her. 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. After the death X. That when the person from whom, the descent of any land is to of a person at- be traced shall have had any relation who, having been attainted, shall tainted, his de- have died before such descent shall have taken place, then such scendants may attainder shall not prevent any person from inheriting such land who "' ant' would have been capable of inheriting the same, by tracing his descent
through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the first Act not to ex- t'av °^ January one thousand eight hundred and thirty-four, tend to any de- XI. That this act shall not extend to any descent which shall take scent before place on the death of any person who shall die before the said first day Jan. 1834. of January one thousand eight hundred and thirty-four. Limitations Ull. That where any assurance executed before the said first day of made befoie the January one thousand eight hundred and thirty-four, or the will of any 1st Jan. 1834, person who shall die before the same first day of January one thousand to the heirs of a eight hundred and thirty-four, shall contain any limitation or gift to person then the heir or heirs of any person, under which the person or persons living, shall answering the description of heir shall be entitled to an estate by purtake effect as chase, then the person or persons who would have answered such deif the act had scription of heir if this act had not been made shall become entitled by not been made. v;rtue Gf such limitation or gift, whether the person named as ancestor shall or Bhall not be living on or after the said first day of January one thousand eight hundred and thirty-four.
[No. VII.] 4& 5 W. 4. c. 23.— An Act for the Amendment 4 & 5 W. 4, of the Law relative to the Escheat and Forfeiture of Real c. 23. and Personal Property holden in Trust. * *
[27th June 1834.]
■yiyHEREAS 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 whereas it is expedient that the same should be remedied: and inasmuch as, in order to avoid repetition, certain words are used in this act as describing subjects some of which, according to their usual sense, such words would not embrace; for the understanding of the sense attached to them in this act, be it therefore enacted, &c, That Description of the provisions of this act shall extend to and include the several estates estates and mat and persons, matters and things herein-after mentioned; (that is to say,),ers included in those relating to land, to any manor, messuage, tenement, hereditament, the pro vision*
or real property, whether freehold, customaryhold, copvhold, or of any . c u . »v. i . i i . i _» c construction of
tenure whatever; those relating to chattels, to personal property of X/ami U3U(j
every description capable of being transferred or disposed of otherwise than in books kept by any company or society, or to any share thereof or interest therein; those relating to stock, to any fund, annuity, or security transferable in books kept by any company or society established or to be established, or to any money payable for the discharge and redemption thereof, or to any share or interest therein; those relating to dividends, to interest, or other annual produce; those relating to a conveyance, to any lease and release, surrender, or other assurance of real property, including all acts and deeds necessary for making and perfecting the same; those relating to an assignment, to any surrender, delivery, or other disposition of the personal property, and to all acts, deeds, and things necessary for making and perfecting the same; those relating to a transfer, to any payment or other disposition of stock; those relating to an heir, to any devisee or other real representative, by the common law, or by custom, or otherwise; and those relating to any executor, to any administrator or other personal representative; unless there be something in the subject or context repugnant to such construction; and whenever this act, in describing or referring to any trustee or other person, or any trust, land, stock, conveyance, assignment, transfer, grant, matter, or thing, uses the word importing the singular number or the masculine gender only, the same shall be understood to include and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and several trusts, lands, stocks, conveyances, assignments, transfers, grants, matters, or things respectively as well as one trust, land, stock, conveyance, assignment, transfer, grant, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction.
II. That where any person seised of any land upon any trust or by If trustee or way of mortgage dies without an heir, it shall be lawful for the court of mortgagee of chancery to appoint a person to convey such land in like manner as is any land die provided by the act of the eleventh year of king George the fourth and without an heir, the first year of his present Majesty, intituled An Act for amending the tne court of Laws respecting Conveyances and Transfers of Estates and Funds vested cnanpery may in Trustees and Mortgagees, and for enabling Courts of Equity to give aPP°'nt a Pereffect to their Decrees and Orders in certain Cases, in case such trustee 301110 conveyor 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.
III. That no land, chattels, or stock vested in any person upon any Lands, &c. trust or by way of mortgage, or any profits thereof, shall escheat or be '"i1??' forfeited to his Majesty, his heirs or successors, or to any corporation, aTMs ^ ^j,^. No. VII. lord of a manor, or other person, by reason of the attainder or convic4 & 5 W. 4, tion for any offence of such trustee or mortgagee, but shall remain in c. 23. such trustee or mortgagee, or survive to his co-trustee, or descend or
* v -* vest in his representative, as if no such attainder or conviction had
ed by reason of taken place.
the attainder or conviction of such trustee.
To whom and IV. That the several provisions of this act shall extend to every case to what cases of a trustee having some beneficial estate or interest in the same subject, the provisions or some duty as trustee to |>erform, and also to every case of a trust of this act shall arising or resulting by implication of law or by construction of extend. equity.
This act not to V. Provided always, That nothing contained in this act shall prevent prevent the the escheat or forfeiture of any land, chattels, or stock vested in any escheat of any such trustee or mortgagee, so far as relates to any beneficial interest beneficial in- therein of any such trustee or mortgagee, but such land, chattels, or terest. stock, so far as relates to any such beneficial interest, shall be recoverable
in the same manner as if this act had not passed. VVhcreany per- VI. And whereas it is expedient to relieve persons beneficially entitled son possessing to real or personal property which has already escheated or become lands, &c.,asa forfeited to his Majesty, to corporations, to lords of manors, or others, trustee shall by arjy 0f the means aforesaid; be it therefore enacted, That in all cases have died with- wnere before the passing of this act any person possessed of or entitled hav ' be*' (Tn *° an^ ^an^> chattels, or stock, or any right to or interest in any land, v'icted before"1" chattels, or stock, as a trustee thereof, either in whole or in part, or the passine of j°mtly with some other trustee or trustees, shall have died without an this act the heir, or shall have been convicted of any offence whereby the said land, lands, &c, chattels, or stock, or any of them, have escheated or been forfeited, or shall become have become subject to any escheat or forfeiture, then and in every or subject to the any such case the said land, chattels, or stock, or the right thereto or control of the interest therein which hath escheated or been forfeited, or become subcourt of chan- ject to escheat or forfeiture by reason thereof, shall be Bubject to the cerv' 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 eleventh year of king George the fourth and of the first year of his present Majesty, as if such person so dead without an heir, or so convicted, as aforesaid, were out of the jurisdiction of or not amenable to the process Proviso. °f the said court, without having been so convicted: Provided always, that nothing in this clause contained shall extend to any land, chattels, or stock now 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 land, chattels, or stock which more than twenty years prior to the passing of this 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.
[By the 39 & 40 G. 3, c. 88. 47 G. 3, st. 2, c. 24, & 59 G. 3, c. 94. (See Evans's Stat. Part II. Class 12.) the crown was empowered to direct the execution of any trusts, to which lands becoming vested in it,by escheat for want of heirs, or by forfeiture might be sub ject, and to make grants for such purposes, or for restoring them to the family, &c, and that either unconditionally or on payment of any sum of money, or to grant the lands to trustees, to be sold and the money applied as the crown should direct. Under these statutes an inquisition was necessary to find the right of the crown, before a grant could be made, and one of the objects of the above act was to supersede the necessity of such inquisition and grant, by enabling the court of chancery to order the estate to be conveyed according to the provisions of the 11 G. 4, & 1 W. 4, c. 60, ss. 8, 9, 11 (see ante, p. 96.)
[No. VIII.] 4 & 5 W. IV. c. 29.—An Act for facilitating the No. VIII. Loan of Money upon Landed Securities in Ireland. (1) 4 w- 5»c- 2Q
[25th July 1834.] v
"Y^HKREAS in last wills and other testamentary dispositions, and in marriage and other settlements of real and personal property, and in other deeds, agreements, or writings, a direction, trust, or power is often given, created, or reserved to lay out or invest money at interest on real securities, in England, Wales, or Great Britain, or to sell and convert into money real or leasehold estates, or government or parliamentary securities, or securities of foreign states, or other property, and to lay out or invest the money arising from such sale and conversion on real securities: And whereas from the abundance of capital in Great Britain the interest of money is very much reduced, and the interest to be procured on money in Ireland is much higher than the interest to be procured on money in Great Britain: And whereas manifest improvement has taken place in the condition and security of landed property in Ireland, which it is desirable to encourage and advance: And whereas it would be highly beneficial to both Great Britain and Ireland if the loan of money on landed securities in Ireland was facilitated: Be it therefore enacted, &c. That from and after the passing of this act it Power to lend shall be lawful for any person or persons who, under or by virtue of money on real any direction, trust, or power already given, created, or reserved, or securities in hereafter to be given, created, or reserved as aforesaid, is or are or Ireland ,tn« shall be authorized or directed to lend money at interest on real secu- J*TM^ ^n ng~ rides, in England, Wales, or Great Britain, to lend the same or any' part thereof at interest on real securities in Ireland in the same manner in all respects as if such investment had been expressly authorized in or by such direction, trust, or power as aforesaid; and such person or persons shall not, on account of his or their so lending money on real securities in Ireland, be considered in a court of equity guilty of any breach of trust, or held accountable further or otherwise than if the money had been laid out by him or them on real securities in England, Wales, or Great Britain.
II. Provided always, That all loans of money on real securities in Proviso for Ireland under this act in which any minor or unborn child or person of loans where unsound mind is or may be interested shall be made by the direction minor5. are and under the authority of the court of chancery or exchequer in ln,«!re8ted• England, such direction or authority being obtained in any cause upon
petition in a summary way.
III. That in all cases of trustees or public bodies lending money on Loans by trusreal securities in Ireland under the authority of this act, it shall be 'e<»; or public lawful for any court of equity in England to make all such orders and boa,esdecrees for enforcing payment of the principal and interest thereby
secured, or any part thereof, as if the said lands and hereditaments were situate in England or Wales; and it shall be lawful for the party or parties obtaining such orders or decrees to cause a copy of such orders or decrees, under the seal of the court by which the same shall have been made, to be exemplified, and certified to the lord chancellor, lord keeper or lords commissioners of the great seal of Ireland for the time being, or to the barons of his Majesty's court of exchequer in Ireland, whereon the said lord chancellor, lord keeper or lords commissioners for the custody of the said great seal of Ireland, or the said barons of the said court of exchequer in Ireland, shall forthwith cause such copy of such order or decree, when it shad be presented to them respectively so exemplified, to be enrolled, either in the roUs of the court
(1) The object of this act is to enable trustees or public bodies to lend money on real securities in Ireland, although the trust or power under which they act only authorizes the money to be invested in England, Wales, or Great Britain. By the 14 G. 3, c. 79, s. 2, the legal rate of interest in Ireland is 6 per cent. See the statute and the 1 & 2 G. 4, c. 51. Evatus Statutes, Part III, Class, 5, Usury.
No. VIIl. of chancery or in the said court of exchequer, as the case may he, and 4 & 5 W. 4, shall cause all such process to issue against the said lands and herec. 29. ditaments comprised in the said securities, and the party or parties
* v' * against whom such decrees or orders shall be obtained, and his, her, or
their real and personal estate, goods, chattels, and effects, in Ireland, in order to enforce obedience to and performance of the same, in such manner and form, and with such force and effect, as if the cause wherein such order or decree shall have been made had been originally cognizable by and instituted in the said courts of chancery or exchequer in Ireland; and it shall be lawful for the said lord chancellor, lord keeper or lords commissioners of the great seal in Ireland, or the said barons of the said court of exchequer in Ireland, to make such order or orders in respect of or consequent upon such process against the party or parties, or in respect of the said lands, or the real and personal estate, goods, chattels, or effects of the said party or parties, as he or they shall from time to time think fit, or for payment of all or any of the monies levied or received by virtue thereof into the Bank of Ireland, with the privity of the accountant general of the said courts of chancery and exchequer in Ireland respectively, to the credit or for the benefit of the party or parties who shall have obtained such order or decree, or to the credit of the cause in which such order or decree shall have been made; and the governor and company of the Bank of Ireland are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of chancery in Ireland : Provided always, That no such monies shall be charged with or subject to poundage for the usher of the said court of chancery in Ireland, or otherwise, where the same shall be paid out by order of the said lastmentioned court: And provided always, That no security for costs shall be required to be given in Ireland by any party or parties enforcing in manner aforesaid the execution of such orders or decrees of any court of equity in England as herein-before mentioned. Consent of per- IV. Provided always, that every such loan shall be made with the sons interested consent of the person or persons, if any, whose consent may be required to be had. as to the investment of such money upon real securities in England, Wales, or Great Britain, testified in the manner required by such direction, trust, or power.
To what cases V. Provided also, That the provisions of this act shall not apply to act not to ex- any ease in which such direction, trust, or power as aforesaid doth or ten^- shall or may contain any express restriction against the investment of
such money as aforesaid on securities in Ireland. Act not to re- VI. Provided always, That nothing contained in this act shall relieve lieve persons or be construed to relieve any person or persons intrusted or clothed intrusted with with such direction, trust, or power as aforesaid from any responsibility trust or power as t0 title, security, or otherwise either at law or in equity, save that from resposibi- i,avmg \ent an(i advanced such money as aforesaid on real securities in as t e, jreian(j instead of having invested such money on real securities in
England, Wales, or Great Britain.
[No. IX.] 4 & 5 W. 4, c. 30.—An Act to facilitate the
[25th July 1834-.]
"yyHEREAS it is expedient to facilitate the exchange of pieces of land lying intermixed and dispersed in common fields, meadows, or pastures, for other pieces ef land, either lying therein, or being part of the inclosed lands in the same or any adjoining parish: may it therefore Proprietors of please your Majesty that it may be enacted; and be it enacted, That landi in com- from and after the passing of this act it shall be lawful for any person mon fields may who shall be seised or possessed of or entitled in possession to any land exchange the jn any common field, as tenant in fee simple, or in fee tail, general or bame- special, or for life or lives, or by the curtesy of England, or for any