jointly with some other trustee or trustees, shall have died without an heir, or shall have been convicted of any offence whereby the said land, chattels or stock, or any of them, have escheated or been forfeited, or have become subject to any escheat or forfeiture, then and in every or any such case the said land, chattels or stock, or the right thereto or interest therein which hath escheated or been forfeited, or become subject to escheat or forfeiture by reason thereof, shall be subject to the 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 of 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 havs been actually vested in possession or reduced into possession by the party entitled thereto by virtue of any such escheat or forfeiture.

39 & 40 GEO. III. c. 98.

"An act to restrain all trusts and directions in deeds or wills whereby the profits or produce of real or personal estate shall be accumulated, and the beneficial enjoyment thereof postponed beyond the time therein limited (o)."

Sect. 1. "Whereas it is expedient that all dispositions of real or personal estates whereby the profits and produce thereof are directed to be accumulated, and the beneficial enjoyment thereof is postponed, should be made subject to the restrictions hereinafter contained: " May it therefore please &c., and be it enacted by &c., " that no person or persons shall, after the passing of this act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated, for any longer term than the life or lives of any such grantor or grantors, settler or settlers, or the term of twenty-one years from the death of any such grantor, settler, devisor or testator (p); or during the minority or respective minorities of any person or persons who shall be living or in ventre sa mère at the time of the death of such grantor, devisor or testator; or during the minority or respective minorities only of any person or persons, who under the uses or

trusts of the deed, surrender, will or other assurances directing such accumulations, would for the time being, if of full age, be entitled unto the rents, issues and profits, or the interest, dividends, or annual produce so directed to be accumulated: And in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues, profits and produce of such property so directed to be accumulated shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed."

Sect. 2. "Provided always, and be it enacted, that nothing in this act contained shall extend to any provision for payment of debts of any grantor, settler or devisor, or other person or persons, or to any provision for raising portions for any child or children of any grantor, settler or devisor, or any child or children of any person taking any interest under any such conveyance, settlement or devise, or to any direction touching the produce of timber or wood upon any lands or tenements; but that all such provisions and directions shall and may be made and given as if this act had not passed."

Sect. 3. [Act not to extend to any disposition of hereditable property in Scotland.]

Sect. 4. [The restrictions to take effect as to wills made before the act, only where the testator should have been living and of sound mind after the expiration of twelve calendar months from the passing of the act.]

42 GEO. III. c. 116.

"An act for consolidating the provisions of the several acts passed for the redemption and sale of the land-tax into one act, and for making further provision for the redemption and sale thereof; and for removing doubts respecting the right of persons claiming to vote at elections for knights of the shire and other members to serve in parliament, in respect of messuages, lands or tenements, the land tax upon which shall have been redeemed or purchased."

Sect. 51. "And be it further enacted, that for the purpose of redeeming any land tax charged on any manors, messuages, lands, tenements or hereditaments belonging to any person or persons, (not being respectively bodies politic or corporate, or companies, or feoffees, or trustees for charitable or other public purposes,) whether such manors, messuages, lands, tenements or hereditaments shall be respectively situate in the same or in any other division or place in the same county, riding, shire or stewartry, or in any other county, riding, shire or stewartry, and whether such land-tax shall have been or shall be contracted for either before or on the said twenty-fourth day of June, one thousand eight hundred and two, by virtue of the said recited acts or any of them, or at any time thereafter by virtue of this act, it shall be lawful for all and every such person and persons who are, is or shall for the time being be seized or possessed or intitled

beneficially in possession to the rents and profits of, but who shall not have the absolute estate or interest in any manors, messuages, lands, tenements or hereditaments, or any heriots, services, emoluments or advantages issuing or payable from or in respect of any freehold or copyhold or customary messuages, lands, tenements or hereditaments, or incident thereto, or accruing therefrom, (other than and except tenants at rack rent for any terms of years, or from year to year, or at will, and tenants holding under the crown any lands or tenements within the survey and receipt of the exchequer, or the Duchy of Lancaster, or under the Duke of Cornwall any lands or tenements belonging to and parcel of the Duchy of Cornwall,) but nevertheless under the restrictions and regulations hereinafter mentioned, absolutely to sell and dispose of by public sale or private contract, and by deed indented, and inrolled or registered in the manner prescribed by this act, to convey, (either at one time for the purpose of making good the whole of the consideration for the redemption of any such land-tax, or at various times for the purpose of making good the respective instalments thereof as the same shall respectively become due, or any number of instalments at once as shall be most expedient,) any such manors, messuages, lands, tenements or hereditaments, or any such heriots, services, emoluments or advantages, whereof such person or persons shall be in the actual possession, or intitled beneficially to the rents and profits, as shall be eligible and necessary, whether of freehold or of copyhold or customary tenure, or holden for any term or terms of years, (other than for any term or terms of years at a rack rent,) and whether the manors, messuages, lands, tenements or hereditaments, heriots, services, emoluments or advantages so sold shall be charged or not charged with or shall be exempt from the payment of land tax, and if the same shall be charged with any land-tax, then freed and discharged from such land-tax; and it shall also be lawful for all and every such persons and person, who are or is or shall for the time being be in the actual receipt or perception of and beneficially entitled to the rents and services reserved or due and payable in respect and out of any manors, messuages, lands, tenements or hereditaments which shall have been or shall be granted by him, her or them, or any former owner or owners thereof, for any beneficial lease or leases, or by any copy or copies of the court roll, or demised according to the custom of any manor for life or lives, or years absolute, or years determinable on any life or lives, absolutely to sell and dispose of by public sale or private contract, and in like manner to convey (either at one time or at various times as aforesaid) the fee simple and inheritance of any such manors, messuages, lands, tenements or hereditaments, which shall have been or shall be so granted or demised for any beneficial lease or leases, or by any copy or copies of court roll, or by any other grant, according to the custom of any manor, for life or lives, or years absolute, or years determinable upon any life or lives, and also the rents and services and other profits reserved or payable upon or in respect of such leasehold or copyhold tenements or hereditaments, subject to the subsisting interests of the respective lessees, copyholders or other customary tenants, whether such last-mentioned manors,

messuages, lands, tenements or hereditaments shall be charged or not charged with, or shall be exempt from the payment of land tax, or whether the land tax charged thereon shall have been redeemed by the respective lessces or copyholders, or customary tenants thereof, or not, and if the same shall be charged with any tax, then freed and discharged from such landtax; and it shall be lawful for all and every such persons and person by deed indented, and also enrolled or registered as herein is directed, and under the restrictions and regulations hereinafter mentioned, to convey or demise any of such freehold, copyhold or leasehold manors, messuages, lands, tenements or hereditaments, whereof they shall be in the actual possession, or beneficially entitled to the rents and profits as aforesaid, freed and discharged from land-tax, in case any land-tax shall be charged thereon, to any persons or person by way of mortgage, either in fee simple or for any term or terms of years, (where the same shall not be of copyhold or customary tenure,) for securing such sum or sums of money as shall be sufficient to redeem the land tax which hath been or shall be so contracted for by such person or persons as aforesaid, or to grant any rent-charge to be issuing out of and chargeable upon any such manors, messuages, lands, tenements or hereditaments as aforesaid, not exceeding the amount of the land-tax so contracted for as aforesaid: Provided always, that no sale, mortgage or grant of or out of any manors, messuages, lands, tenements or hereditaments shall be made by any such person or persons by virtue of this act, other than for the purpose of redeeming land-tax charged thereon, (in cases where the same shall be charged with any land-tax,) and also on other manors, messuages, lands, tenements or hereditaments which stand limited or settled, and subject to or for the same uses, trusts, intents or purposes, or in the same order or course of limitation as the manors, messuages, lands, tenements or hereditaments, which shall be so sold, mortgaged or charged as aforesaid, save and except as to such variations as may necessarily be occasioned by the difference in the nature of the tenure of freehold and copyhold estates.

[Sect. 52 authorizes tenants in tail of any manors or hereditaments in England to convey such part thereof as shall be deemed eligible and necessary to be sold for the purpose of redeeming the land-tax charged on such manors and hereditaments, by deed indented, and inrolled or registered in the manner prescribed by that act, and provides that such deed shall as effectually bar all estates tail and other estates in remainder, &c., as if such tenant in tail had levied a fine, or suffered a common recovery.] Sect. 53. "Provided always and be it further enacted, that for the purposes aforesaid it shall be lawful for all committees and curators of lunatics or idiots, and guardians or tutors of infants, and all executors and administrators, curators or trustees whatsoever, seized or possessed of any manors, messuages, lands, tenements or hereditaments in trust, and having authority to act for infants, minors, issue unborn, femes covert or other persons incapable by law or deed to act for themselves, on the behalf of such incapacitated persons respectively, and under the restrictions and regulations herein contained, to sell or mortgage and convey or grant any

rent-charge out of any manors, messuages, lands, tenements or hereditaments belonging to or limited or settled to the use or for the benefit of any such lunatics or idiots, infants or minors, issue unborn, femes covert, or other incapacitated persons, which such lunatics or idiots, infants or minors, issue unborn (if in esse), femes covert, or other incapacitated persons could or might have sold, mortgaged or charged with any rent-charge, for the purpose of redeeming any land-tax in respect of their estate or interest therein, either by virtue of this act or otherwise, if they respectively had not been under any such incapacity as aforesaid, and in the same manner in all respects as they respectively could or might have sold, or mortgaged and conveyed or charged the same."

Sect. 54. "And be it further enacted, that all sales, mortgages or grants. in relation to estates in England which shall be made by virtue of this act by any person or persons, (other than bodies politic or corporate, or companies, or feoffees or trustees for charitable or other public purposes, and other than such person or persons holding under any grant from the crown, or any act of parliament, as hereinafter mentioned,) shall be made under the authority and with the consent and approbation of the commissioners for the time being acting in the execution of this act, by virtue of his majesty's warrant under the royal sign manual, for the county, riding or . place in which the manors, messuages, lands, tenements or hereditaments which shall be so sold, mortgaged or charged shall be situate; and no such sale, mortgage or grant shall be valid or effectual, unless two at least of such commissioners shall certify their consent thereto, and approbation thereof, by signing and sealing the deed of sale, mortgage or grant, as parties thereto."

[Sect. 55 provides that no manors &c., in England shall be so sold, mortgaged &c., without one calendar month's previous notice in writing being given to the said commissioners by the person or persons desirous of making such sale &c., nor unless such person or persons shall previously to such sale &c., produce to the said commissioners a schedule in writing, declaring the quantity or duration of his, her or their estate or interest in the manors &c., whereon the land-tax proposed to be redeemed shall be charged, and, (if the same shall not be an estate of inheritance,) then the name or names of the bodies politic &c., or other person or persons next intitled to any beneficial interest in such manors &c., and of the persons having any mortgage, charge, lien or incumbrance thereon, and the amount thereof, and (if more than one) the priorities of the respective incumbrances.]

person or

Sect. 57. "Provided also and be it further enacted, that nothing herein contained shall be construed to extend to enable any tenant for lives, or for years determinable on lives, or for years absolute, though not at rack-rent, to sell any part of the tenement demised, in case of a demise for which any fine or premium was paid, without the consent of the bodies politic or corporate, or companies, or other person or persons intitled to the immediate estate in reversion upon such demise."

[Sect. 59 provides that when any such sale as aforesaid shall be by