Слике страница
PDF
ePub

by him or them, his, her or their executors and administrators, together with full costs of suit, by action of debt in any of his majesty's courts of record at Westminster, wherein no essoign, protection, wager of law, privilege or imparlance shall be admitted or allowed; and in every such action the proof shall lie on the person against whom such action shall be brought.”

[The act contains other clauses regulating the mode of bringing the action, and limiting it to nine calendar months after the fact is committed].

39 & 40 GEO. III. c. 88.

persons last

An act concerning the disposition of certain real and personal property

of his majesty, his heirs and successors, and also of the real and personal property of her majesty, and of the queen consort for the time being."

Sect. 12. “And whereas divers lands, tenements and hereditaments have become and may hereafter become vested in his majesty, his heirs and successors, by escheat or otherwise, in right of the crown, which in the hands of any of his majesty's subjects would be chargeable with certain trusts or applicable to certain purposes, and his majesty, his heirs or successors, may be desirous that the same should be applied accordingly, notwithstanding any right which he or they may have to hold the same discharged from such trusts, or without applying the same to such purposes; but by reason of the provisions contained in the acts of the first year of her said late majesty Queen Anne, and the thirty-fourth year of his majesty's reign, doubts may be raised whether his majesty, his heirs or successors, can direct such application thereof: And whereas divers lands, tenements and hereditaments, as well freehold as copyhold, have escheated and may escheat to his majesty, his heirs or successors, for want of heirs of the seized thereof or entitled thereto, or by reason of some forfeiture or otherwise, although not forfeited for treason or felony, and it is expedient to enable his majesty to direct the execution of any such trusts or purposes as aforesaid, and to make any grants of any such manors, lands, tenements or hereditaments as aforesaid, notwithstanding the provisions contained in the said recited acts; be it enacted, that it shall be lawful for his majesty, his heirs and successors, by warrant under his or their sign manual, to direct the execution of any trusts or purposes to which any manors, messuages, lands, tenements or hereditaments, which have escheated or shall escheat to his majesty, his heirs or successors, shall have been liable at the time the same so escheated respectively, or would have been liable in the hands of any of his majesty's subjects, and to make any grants of such manors, lands, tenements and hereditaments respectively to any trustee or trustees or otherwise for the execution of any such trusts, and to make any grants of any lands, tenements or hereditaments, which have escheated or shall escheat as aforesaid, to any person or persons, either for the purpose of restoring the same to any of the family of the person or persons whose estates the same had been, or of rewarding any persons or person making discovery of any

such escheat, as to his majesty, his heirs or successors respectively, shall seem fit, anything in the said acts or any of them to the contrary notwithstanding."

59 Geo. III. c. 94. “ An act to explain and amend two acts passed in the thirty-ninth and fortieth and forty-seventh years of his present majesty concerning the disposition of certain real and personal property of his majesty, his heirs and successors(m).

Be it enacted &c., “That in all cases in which his majesty, his heirs or successors, hath or shall, in right of his crown or of his duchy of Lancaster, become entitled to any freehold or copyhold manors, messuages, lands, tenements or hereditaments, either by escheat for want of heirs, or by reason of any forfeiture, or by reason that the same have been or shall be purchased by or for the use of or in trust for any alien or aliens, it shall be lawful for his majesty, his heirs and successors, by warrant under his or their sign manual, or under the seal of the duchy or county palatine of Lancaster, according to the nature of the title to such manors, messuages, lands, tenements or hereditaments respectively, to direct the executions of any trusts or purposes to which the same may have been directed to be applied, and to make grants of such manors, messuages, lands, tenements or hereditaments, or any parts thereof, or of any rents or profits then due and in arrear to his majesty in respect thereof respectively, to any trustee or trustees or otherwise for the execution of any such trusts or purposes, or to any person or persons for the purpose of restoring the same to any of the family of the person or persons whose estates the same had been, or of carrying into effect any intended grant, conveyance or devise of any such person or persons in relation thereto, or of rewarding any person or persons, or his, her or their family, making discovery of any such escheat, or of his majesty's right and title thereto, as to his majesty, his heirs or successors shall seem fit, or to make any grant or grants of such manors, messuages, lands, tenements or hereditaments, or any part or parts thereof, to any person or persons, or his, her or their family making such discovery as aforesaid, or being of the family or considered or adopted as part of the family of any alien or aliens, or to any person or persons whose estate or property the same hereditaments have been, or being of the family or considered or adopted as part of the family of any such last-mentioned person or persons, and his or their heirs and assigns, unconditionally, or in consideration of money to be paid either at or before the execution of such grant or grants, or at any time or times subsequent thereto, and to such person or persons as his majesty, his heirs or successors, shall be pleased to direct; and such

(m) And see 6 Geo. 4, c. 17, for extending the provisions of this act, whereby an authority is given to his majesty, his heirs and successors, to direct the execu

tions of grants of leasehold manors, &c., to which the crown may become intitled by reason of any forfeiture, or by having been purchased by or in trust for an alien.

money, if not paid at the execution of such grant or grants, to be a charge upon the manors, messuages, lands, tenements or hereditaments which shall be so granted, and to be secured by way of mortgage or trust, or in any other manner as his majesty, his heirs or successors,

shall think proper or be advised, and such money to be applied for any of the purposes of this act; or to make any grant or grants of such manors, messuages, lands, tenements or hereditaments, or any of them, unto any trustee or trustees, bis or their heirs and assigns, in trust to be sold, in such manner as his majesty, his heirs or successors, shall be pleased to direct ; and that it shall be lawful for his majesty, his heirs or successors, to direct the rents and profits of any such manors, messuages, lands, tenements and hereditaments, and the money to arise by any sale or sales, or to be produced by any of the means aforesaid, to be applied in payment of any costs, charges and expenses incident to any commission or commissions for finding the title of his majesty, and to the making of any such grant, and for carrying the same, or any trusts or provisions thereof, into execution, or in rewarding any person or persons, or the family of any person or persons, making a discovery of any such escheat, forfeiture or purchase by an alien, or of his majesty's right and title thereto, or in discharging the whole or any part of any debt or debts, due from any alien, or any person or persons whose estate or property any such manors, messuages, lands, tenements or hereditaments have been, or for the use and benefit in whole or in part of any such alien, or of his or her family, or any part thereof, or of any person or persons adopted or considered by such alien as part of his or her family, or of any person or persons whose estate or property any such manors, messuages, lands, tenements or hereditaments have been, or his or their family, or any part thereof, or of any person or persons adopted or considered by such person or persons as part of his or her family, or for all or any of the purposes aforesaid, as to his majesty, his heirs or successors respectively, shall seem fit; and all grants heretofore made by his majesty, which would under the provisions of this act be good, valid and effectual, shall be and are hereby confirmed, and are hereby declared to be as good, valid and effectual, to all intents and purposes, as if the same had been made under the powers, provisions and authorities of this act, and as if such powers, provisions and authorities had been in full force and effect at the time of making such grants, anything in the said recited acts or any other act heretofore made to the contrary notwithstanding.”

Sect. 2. “ And be it further enacted, that the purchaser or purchasers of any manors, lands, tenements or hereditaments, sold under the authority of this act, or any person or persons paying any sum or sums of money under the authority of the same, or in pursuance of any grants to be made by virtue thereof, shall not be bound to see to the application or be answerable for the misapplication or nonapplication of the monies paid by them respectively.”

Sect. 3. “Provided always and be it further enacted, that in every case where any surplus shall remain of any monies which may arise from any such sale or sales, or which shall be paid under the authority of this act by

any person or persons, after satisfying all such purposes as shall have beeu ordered and directed by his majesty, his heirs or successors, under the provisions of this act, shall be paid to the commissioners of the land revenue for the time being, to be applied by them in the same way and manner as the money arising from the sale of any manors, messuages, lands, tenements or hereditaments of or belonging to his majesty, his heirs or successors, is by the several acts now in force for the management and improvement of the land revenue of the crown, or of any of them, directed to be applied and disposed of."

4 & 5 WILL. IV. c. 23. “An act for the amendment of the law relative to the escheat and forfeiture

of real and personal property hollen in trust." “ Whereas great inconvenience has been found to result to persons beneficially intitled 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 by &c., that the provisions of this act shall extend to and include the several estates and persons, matters and things hereinafter mentioned, (that is to say,) those relating to land, to any manor, messuage, tenement, hereditament or real property, whether freehold, customaryhold, copyhold, or of any tenure whatever; those relating to chattels, to personal property of 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 an 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.

Sect. 2. “And be it enacted, that where any person seized of any land upon any trust or by way of mortgage dies without an heir, it shall be lawful for the Court of Chancery to appoint a person to convey such land in like manner as is provided by the act of the eleventh year of King George the Fourth and the first year of his present Majesty, intituled, ' 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,' in case such trustee or 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 (n)."

Sect. 3. “And be it further enacted, that no land, chattels or stock vested in any person upon any trust or by way of mortgage, or any profits thereof, shall escheat or be forfeited to his Majesty, his heirs or successors, or to any corporation, lord of a manor, or other person, by reason of the attainder or conviction for

any offence of such trustee or mortgagee, but shall remain in such trustee or mortgagee, or survive to his co-trustee, or descend or vest in his representative, as if no such attainder or conviction had taken place."

Sect. 4. “And be it enacted, that the several provisions of this act shall extend to every case of a trustee having some beneficial estate or interest in the same subject, or some duty as trustee to perform, and also to every case of a trust arising or resulting by implication of law, or by construction of equity.”

Sect. 5. “ Provided always, and be it hereby enacted, that nothing contained in this act shall prevent the escheat or forfeiture of any land, chattels or stock vested in any such trustee or mortgagee, so far as relates to any beneficial interest therein of any such trustee or mortgagee, but such land, chattels or stock, so far as relates to any such beneficial interest, shall be recoverable in the same manner as if this act had not passed."

Sect. 6. “ And whereas it is expedient to relieve persons beneficially entitled to real or personal property which has already escheated or become forfeited to his Majesty, to corporations, to lords of manors, or others, by any of the means aforesaid ; be it therefore enacted, that in all cases where before the passing of this act any person possessed of or entitled to any land, chattels or stock, or any right to or interest in any lands, chattels, or stock, as a trustee thereof, either in whole or in part, or

(n) Vide Ex parte Whitton, 1 Keen, 278; Reg, v. Pitt, 2 Per. & Dav. 385;

ante, pt. 1, p. 83, n. (8), p. 526, n.

« ПретходнаНастави »