Page images
PDF
EPUB
[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small]

The Roman Numerals indicate the course of descent before
the alterations made by the Stat. 3&4. Will. 4 cap. 106 and
the Arabic Numerals indicate the course of descent since
these alterations.

Inheritance.

3d and 4th WILLIAM IV., cap. 106. [Royal Assent, August 29, 1833.]

An Act for the Amendment of the Law of

Inheritance.

Sec. 1. Definitions of words used in the act. 2. Descent to be always traced from the purchaser, but the person last entitled to be considered the purchaser, unless it be proved that he inherited the same from any person, which person shall be considered the purchaser, unless it be proved that he inherited the same, and so on.

13. An heir entitled under a will of a testator dying after 1833, to take as devisee, and a limitation to the granter or his heirs by an assurance executed since 1833, shall create an estate by purchase.

4. Where heirs take by purchase under limitations to the heirs of their ancestor in assurances executed since 1833, or wills of persons dying after 1833, the land to descend as if the ancestor had been the purchaser.

5. Brothers and sisters to trace their descent through their parent.

6. The nearest lineal ancestor shall be heir next to the issue, and in preference to any person tracing his descent through him, or claiming in consequence of there being no descendant of such lineal ancestor. 7. The male line to be preferred.

8. The mother of a more remote male ancestor to be preferred to the mother of the less remote male

ancestor.

9. Half blood, if on the part of a male ancestor, to inherit after the whole blood of the same degree, if on the part of a female ancestor, after such female

ancestor.

10. After the death of a person attainted, his descendants may inherit.

11. The act not to extend to any descent before January 1834.

12. Limitations made before 1st January 1834, to

the heirs of a person then living to take effect, as if the act had not been made.

Protection against Judgments, &c.

2d VICTORIÆ, cap. 11.—[Royal Assent, 4th June 1839.]

An Act for the Better Protection of Purchasers against Judgments, Crown Debts, Lis pendens, and Fiats in Bankruptcy.

ed.

Sec. 1. No judgments shall be hereafter docket

2. Judgments docketed and entered at the passing of the act shall not, after 1st August 1841, "affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors," unless, and until such memorandum as prescribed in the 1st and 2d Vict. 110, is left with the senior Master of the Common Pleas.

3. The date, when the memorandum is left, shall be inserted in the Master's book.

4. Judgments, decrees, orders, and rules, shall be void against purchasers, mortgagees, and creditors, after five years from the entry thereof, unless re-entered within five years before the execution of the conveyance, or the accruer of the right of the creditor.

5. Judgments, &c., duly registered, shall not affect purchasers or mortgagees without notice otherwise, or more extensively than judgments duly docketed would have done before the 1st and 2d Vic, cap. 110.

6. This act, and the 1st and 2d Vic., not to revive judgments already extinguished, or prejudice judgments between the parties or their representatives, or persons claiming as volunteers.

7. Purchasers and mortgagees, without express notice, are not to be affected by any lis pendens, unless suit is registered with the Master of the Common Pleas.

8. Judgments, statutes, and recognizances to or in favour of the Crown, not to affect purchasers or

mortgagees, unless registered with the Master of the Common Pleas.

9. Quietus to debtors, or accountants to the Crown, to be registered.

10. The Commissioners of the Treasury may, upon payment into her Majesty's Exchequer of such sum, or upon such other terms as they may think proper, certify under their hands that any lands of a crown debtor or accountant shall be held by a purchaser, mortgagee, or lessee, (in case of leases for fines,) discharged from all further claims by the Crown.

11. Such certificate or discharge shall not affect the rights of the Crown in the residue of its debtor's estate.

12. Conveyances by bankrupts, bona fide made to any person before the date and issuing of the fiat, shall be valid, notwithstanding any prior act of bankruptcy, "if such person had not at the time of such conveyance notice of any prior act of bankruptcy."

13. No purchase from any bankrupt bona fide, and for valuable consideration, shall be impeached by reason of the purchaser having had notice at the time of such purchase of an act of bankruptcy, unless a commission [now a fiat] be sued out within twelve calendar months after such bankruptcy. 14. Act shall not extend to Ireland.

Limitation of Actions and Suits.

3d and 4th WILLIAM IV., cap. 27.-[Royal Assent, July 24, 1833.]

An Act for the Limitation of Actions and Suits relating to Real Property, and for Simplifying the Remedies for trying the Rights thereto.

Sec. 1. Definitions of words used in the act, viz. "land,” manors, messuages, and all other corporeal hereditaments and tithes, (other than tithes belonging to a spiritual or eleemosynary corporation sole,) and to any share, estate, or interest in them, whether

H

Time of limitation.

freehold, chattel interest, or copyhold "rent," all heriots, services, and suits, for which a distress may be made, and annuities and periodical sums of money charged upon, or payable out of any land, (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole,) "the person through whom another person is said to claim," shall mean any person by, through, under, or by the act of whom the person so claiming became entitled as heir, issue in tail, tenant by the courtesy, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise; and also any person who was entitled to an estate or interest to which the person so claiming, or some person through whom he claims, became entitled as lord by escheat "person," body politic, corporate, collegiate, class of creditors, or other persons, as well as an individual.

r

2. No land or rent shall be recovered by any person, but within twenty years next after the right shall have first accrued to such person, or to any person through whom he claims.

3. The right to make an entry or distress, or bring an action, shall be deemed to have first accrued as follows:

Where the claimant, or the person through whom he claims, shall ever have been in possession of any land, or in receipt of the profits thereof, in respect of the estate or interest claimed, then the time of the last receipts or last being in possession.

Where the estate or interest of some deceased per

By 1st Victoria, cap. 28, mortgagees may bring their action to recover possession "within twenty years next after the last payment of any part of the principal," money or

interest.

s Where the land has been held under lease in writing, upon which an annual rent of 20s. or upwards is reserved, the right shall be deemed to have accrued at the time of the first receipt by the person wrongfully receiving it, and not the last receipt by the claimant. See sect. 9.

« PreviousContinue »