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PART II.

Of Real Estates.

Class I. Miscellaneous Statutes concerning Real Estates.

2. Tithes.

3. Approvement and Inclosure of Commons.

4. Joint Tenants, Coparceners, and Tenants in Common.

5. Mortmain and Charitable Uses.

6. Conveyances by Infants, Lunatics, &c.

7. Fraudulent Conveyances.

8. Leases.

9. Uses.

10. Fines and Recoveries.

11. Wills.

12. Land Revenue of the Crown.

CLASS. I.

MISCELLANEOUS STATUTES. [No. I.] 1 W. IV. c.46.—An act to alter and amend the Law relating to Illusory Appointments. [16th July 1830.]

\yiIEREAS, by deeds, wills, and other instruments, powers are frequently given to appoint real and personal property amongst several objects, in such manner that none of the objects can be excluded by the donee of the power from a share of such property: and whereas appointments in exercise of such powers, whereby an unsubstantial, illusory, or nominal share of the property affected thereby is appointed to or lift unappointed to devolve upon any one or more of the objects thereof, are invalid in equity, although the like appointments are good and binding at law: and whereas considerable inconvenience hath arisen from the rule of equity relative to such appointments, and it is expedient that such appointments should be as valid in equity as at law: be it therefore enacted, &c. That no appointment, which from and Illusory apafter the passing of this act, shall be made in exercise of any power or pointmenta authority to appoint any property, real or personal, amongst several ?na" k° va' objects, shall be invalid or impeached in equity, on the ground thatla f*lu,ty" an unsubstantial, illusory, or nominal share only shall be thereby ap- we as a a Pointed to or left unappointed to devolve upon any one or more of the objects of such power} but that every such appointment shall be valid

No. I. and effectual in equity as well as at law, notwithstanding that any one

1 W. 4, c. 46. or more of the objects shall not thereunder, or in default of such apv y -' pointment, take more than an unsubstantial, illusory, or nominal share

of the property subjected to such power. Not to affect II. Provided always, and be it further enacted, that nothing in this any deed which act contained shall prejudice or affect any provision in any deed, will, declares the or other instrument creating any such power as aforesaid, which shall amount of the declare the amount of the share or shares from which no object of the share; power shall be excluded.

nor to give any III. Provided also, and be it further enacted and declared, that other force to nothing in this act contained shall be construed, deemed, or taken, at any appoint- iaw or ;n equity, to give any other validity, force, or effect to any apment than the pointment, than such appointment would have had if a substantial share of the property affected by the power had been thereby appointed to or left unappointed to devolve upon any object of such power.

same would have had.

[No. II.] 1 W. IV. c. 47.—An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate. (1) [16th July 1830.]

WHEREAS, &c. [Recites the titles of the 3 & 4 W. & M. c. 14, 6 & 7 W. 3, c. 14, 4 Ann. c. 5, (I.) 47 G. 3, c. 74.] And whereas it is expedient that the provisions of the said recited acts should be enlarged, and that the said recited acts should be repealed, in order that all the provisions relating to this matter should be consolidated in one act; 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 Recited acts authority of the same, that the said several recited acts shall be and the repealed. same are hereby repealed, but so as not to affect any of the provisions and remedies of the said acts, or any of them, to the benefit of which any persons are entitled, as against any estate or interest in any lands, tenements, hereditaments, or other real estate, of any person or persons who died before the passing of this act. For remedying II. And whereas it is not reasonable or just that by the practice or frauds com- contrivance of any debtors their creditors should be defrauded of their mitted on ere- just debts, and nevertheless it hath often so happened, that where ditors by wills, several persons having by bonds, covenants, or other specialties bound themselves and their heirs, and have afterwards died seised in fee simple of and in manors, messuages, lands, tenements, and hereditaments, or had power or authority to dispose of or charge the same by their wills or testaments, have, to the defrauding of such their creditors, by their last wills or testaments, devised the same or disposed thereof in such manner as such creditors have lost their said debts; for remedying of which, and for the maintenance of just and upright dealing, be it therefore further enacted, That all wills and testamentary limitations, dispositions, or appointments, already made by persons now in being, or hereafter to be made by any person or persons whomsoever, of or concerning any manors, messuages, lands, tenements, or hereditaments, or any rent, profit, term, or charge out of the same, whereof any person or persons, at the time of his, her, or their decease, shall be seised in fee simple, in possession, reversion, or remainder, or have power to dispose of the same by his, her, or their last wills or testaments, shall be deemed or taken, (.only as against such person or persons, bodies politic or corporate, and his and their heirs, successors, executors, administrators, and assigns, and every of them, with whom the person

(1) Seethe3 & 4 W. 4. c. 104. post.

or persons making any such wills or testaments, limitations, dispo- No. II. sitions, or appointments shall have entered into any bond, covenant, or 1 W. 4, c. 47.

other specialty binding his, her, or their heirs,) to be fraudulent, and v ■/;

clearly, absolutely, and utterly void, frustrate, and of none effect; any pretence, colour, feigned or presumed consideration, or any other 'or thing to the contrary notwithstanding.

III. And, for the means that such creditors may be enabled to Enabling crerecover upon such bonds, covenants, and other specialties, be it further d,tors 10 reco" enacted. That in the cases before mentioned every such creditor shall ^j^TM,, and may have and maintain his, her, and their action and actions of on s'

debt or covenant upon the said bonds, covenants, and specialties against the heir and heirs at law of such obligor or obligors, covenantor or covenantors, and such devisee and devisees, or the devisee or devisees of such first-mentioned devisee or devisees jointly, by virtue of this act; and such devisee and devisees shall be liable and chargeable for a false plea by him or them pleaded, in the same manner as any heir should have been for any false plea by him pleaded, or for not confessing the lands or tenements to him descended.

IV. That if in any case there shall not be any heir at law against If there is no whom, jointly with the devisee or devisees, a remedy is hereby given, heir at law acin every such case every creditor to whom by this act relief is so given tl0ns "* shall and may have and maintain his, her, and their action and actions mamlamed

of debt or covenant, as the case may be, against such devisee or j^1"^ devisees solely: and such devisee or devisees shall be liable for false evlsc' plea as aforesaid.

V. Provided always, That where there hath been or shall be any Not to affect limitation or appointment, devise or disposition, of or concerning any limitations for manors, messuages, lands, tenements, or hereditaments, for the raising just debts, or or payment of any real and just debt or debts, or any portion or portions, portions for gum or Bums of money, for any child or children of any person, ac- children, cording to or in pursuance of any marriage contract or agreement in

writing, bond fide made before such marriage, the same and every of them shall be in full force, and the same manors, messuages, lands, tenements, and hereditaments shall and may be holden and enjoyed by every such person or persons, his, her, and their heirs, executors, administrators and assigns, for whom the said limitation, appointment, devise, or disposition was made, and by his, her, and their trustee or trustees, his, her, and their heirs, executors, administrators, and assigns, for such estate or interest as shall be so limited or appointed, devised or disposed, until such debt or debts, portion or portions, shall be raised, paid, and satisfied, any thing in this act contained to the contrary notwithstanding.

VI. That in all cases where any heir at law shall be liable to pay the Heir at law to debts or perform the covenants of his ancestors, in regard of any lands, be answerable tenements, or hereditaments descended to him, and snail sell, alien, or for debts, almake over the same, before any action brought or process sued out though he may against him, such heir at law shall be answerable for such debt or debts, ?el1 be" or covenants, in an action or actions of debt or covenant, to the value . a?tlOD

of the said lands so by him sold, aliened, or made over, in which cases urou8 ■
all creditors shall be preferred as in actions against executors and admi-
nistrators; and such execution shall be taken out upon any judgment
or judgments so obtained against such heir, to the value of the said
land, as if the same were his own proper debt or debts; saving that the
lands, tenements, and hereditaments, bond fide, aliened before the action
brought, shall not be liable to such execution.

VII. Provided always, That where any action of debt or covenant Where an acupon any specialty is brought against the heir, he may plead riens per ',on o{. deDt .B descent at the time of the original writ brought or the bill filed against JjTMH6,.' "I*""' him, anything herein contained to the contrary notwithstanding; and ^-'pig,^6 the plaintiff in such action may reply that he had lands, tenements, or riens per hereditaments from his ancestor before the original writ brought or bill descent.

filed; and if, upon the issue joined thereupon, it be found for the

No. II. plaintiff, the jury shall inquire of the value of the lands, tenements, or 1 W. 4, c. 47. hereditaments Bo descended, and thereupon judgment shall be given

* v 'and execution shall be awarded as aforesaid; but if judgment be given

against such heir by confession of the action, without confessing the assets descended, or upon demurrer or nihil dicet, it shall be for the debt and damage, without any writ to inquire of the lands, tenements, , or hereditaments so descended.

Devisees to be VIII. Provided always, That all and every the devisee and devisees

a?l ts?me ma(le ^ahle by tnis act' shaU be liable chargeable in the same as ieire a law. mai]ner ag tne neir at jaw DV force 0f tnjg act> notwithstanding the

lands, tenements, and hereditaments to him or them devised shall be _ , ... aliened before the action brought.

shall'be assetsS ^rom a^ter P*88'11? of this act, where any person

to be adminis- De'nf?> at tne ^me °f ^is death, a trader, within the true intent and tered in courts meaning of the laws relating to bankrupts, shall die seised of or entitled of equity. to any estate or interest in lands, tenements, or hereditaments, or other real estate, which he shall not by his last will have charged with or devised subject to or for the payment of his debts, and which would be assets for tne payment of his debts due on any specialty in which the heirs were bound, the same shall be assets to be administered in courts of equity for the payment of all the just debts of such person, as well debts due on simple contract as on specialty; and that the heir or heirs at law, devisee or devisees of such debtor, and the devisee or devisees of such first-mentioned devisee or devisees, shall be liable to all the same 6uits in equity, at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as they are liable to at the suit of creditors by specialty in which the heirs were bound: Creditors by Provided always, That in the administration of assets by courts of specialty to be equity, under and by virtue of this provision, all creditors by specialty, paid first. jn 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.

Parol shall not X. That from and after the passing of this act, where any action, suit, demur by or or 0ther proceeding for the payment of debts, or any other purpose, against infants. 8nau be commenced or prosecuted by or against any infant under the age of twenty-one years, either alone or together with any other person or persons, the parol shall not demur, but such action, suit, or other proceeding shall be prosecuted and carried on in the same manner and as effectually as any action or suit could before the passing of this act be carried on or prosecuted by or against any infant, where, according to law, the parol did not demur. Infants to make XI. That where any suit hath been or shall be instituted in any court conveyances 0f equity, for the payment of any debts of any person or persons deunder order of ceased, to which their heir or heirs, devisee or devisees, may be subject the court. or ijable, and such court of equity shall decree the estates liable to such debts, or any of them, to be sold for satisfaction of such debt or debts, and by reason of the infancy of any such heir or heirs, devisee or devisees, an immediate conveyance thereof cannot, as the law at present Stands, be compelled, in every such case such court shall direct, and, if necessary, compel such infant or infants to convey such estates so to be sold (by all proper assurances in the law) to the purchaser or purchasers thereof, and in such manner as the said court shall think proper and direct; and every such infant shall make such conveyance accordingly; and every such conveyance shall be as valid and effectual to all intents and purposes as if such person or persons, being an infant or infants, was or were at the time of executing the same of the full age of twentyone years.(1)

(1) An application in a creditor's suit under the statute for an infant heir or devisee to convey must be made by petition and not by motion . Anon, 1 Voting and Collyer, 75,

XII. That where any lands, tenements, or hereditaments hath been No. III. or shall be devised in settlement by any person or persons whose estate 1 W. 4, c. 47.

under this act, or by law, or by his or their will or wills, shall be liable * y;

to the payment of any of his or their debts, and by such devise shall be Persons having rested in any person or persons for life or other limited interest, with a life interest any remainder, limitation, or gift over, which may not be vested, or may may convey the be vested in some person or persons from whom a conveyance or other fee> 'J the estate assurance of the same cannot be obtained, or by way of executory 13 °TMereJ t0 be devise, and a decree shall be made for the sale thereof for the payment

of such debts or any of them, it shall be lawful for the court by whom such decree shall be made to direct any such tenant for life, or other person having a limited interest, or the first executory devisee thereof, to convey, release, assign, surrender, or otherwise assure the fee simple or other the whole interest or interests so to be sold to the purchaser or purchasers, or in such manner as the said court shall think proper; and every such conveyance, release, surrender, assignment, or other assurance shall be as effectual as if the person who shall make and execute the same were seised or possessed of the fee simple or other whole estate so to be sold.

XIII. That nothing in this act shall extend or be deemed or con- Not to repeal strued to extend to repeal or alter an act made by the parliament of act 33 G. 1, Ireland, in the thirty-third year of the reign of king George the First, ('•) relating to intituled An Act for the better securing the Payment of Bankers' Notes, j}ebj-s due t0 and for providing a more effectual Remedy for the Security and Payment bankcrs

of the Debts due by Bankers.

[No. III.] 1 W. IV. c. 60.—An Act for amending the
Laws respecting Conveyances and Transfers of Estates and
Funds vested in Trustees and Mortgagees; and for enabling
Courts of Equity to give Effect to their Decrees and Orders
in certain Cases. (1) [23rd July 1830.]

\^HEREAS, &c. [Recites the titles of the 6 G. 4, c. 74, 2 G. 1, (I.),
5 G. 2, (I.), 7 G. 4, c. 43]: And whereas it is expedient that the
provisions of the said acts should be consolidated and enlarged: be it
therefore enacted, &c. that the said recited acts shall be and the same are Recited acts re-
hereby repealed, except so far as the same relate to stock belonging pealed, except
beneficially to infants or lunatics, and also except as to such proceed- ^ herein mcn-
ings of any description, under the same acts respectively, as shall have tioned.
been commenced before the passing of this act, and which may be pro-
ceeded in according to the provisions of the said recited acts respec-
tively, or according to the provisions of this act, as shall be thought
expedient: Provided always, that the several acts repealed by the said
first-recited act shall not be revived.

II. And inasmuch as, in order to avoid unnecessary repetition, cer- Rules for the tain words are used in this act as describing subjects some of which, interpretation according to their usual sense, such words would not embrace; for the "ftnu act> understanding of the sense attached to them in this act, be it further enacted, that the provisions of this act shall extend to and include the several other estates and persons, matters and things, herein-after mentioned; (that is to say,) those relating to land, to any manor, messuage, tenement, hereditament, or real property, of whatever tenure, and to property of every description transferable otherwise than in books kept by any company or society, or any share thereof or interest therein; those relating to stock, to any fund, annuity, or security transferrable in books kept by any company or society established or to

(1) See also post, the 4 & 5 W. 4, c. 23, amending the law relative to the escheat and forfeiture of real and personal property holden in trust.

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