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Remedies for obtaining the apportioned

parts.

from the commencement or last period of payment thereof respectively, (as the case may be), including the day of the death of such person, subject to all or of the determination of his or her interest, all just allowances and just deductions. deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made; and that every such person, his or her executors, administrators, and assigns, shall have such and the same remedies at law and in equity for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts shall form part shall become due and payable, and not before, as he, she, or they would have had for recovering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments if entitled thereto, bnt so that persons liable to pay rents reserved by any lease or demise, and the lands, tenements, and hereditaments comprised therein, shall not be resorted to for such apportioned parts specifically as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person or persons who if this act had not passed, would have been entitled to such entire rents; and such portions shall be recoverable from such person or persons by the parties entitled to the same under this act in any action or suit at law or in equity.

Act not to apply to certain

cases.

3. Provided always, and be it enacted, That the provisions herein contained shall not apply to any case in which it shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description.

Escheat and Forfeiture of Estates, &c., held in Trust.

4 & 5 WILL. IV. CAP. 23.-[Royal Assent, June 27th, 1834.] An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in Trust.

WHEREAS 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

ESCHEAT AND FORFEITURE OF ESTATES, &c., HELD IN TRUST.

373

estates and matters includ

visions of this act, and con

terms used.

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 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 authority of the same, that Description of the provisions of this act shall extend to and include the several estates and persons, matters and things, hereinafter mentioned; (that is to ed in the prosay), those relating to land, to any manor, messuage, tenement, hereditament, or real property, whether freehold, customaryhold, copyhold, struction of 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 Number and only, the same shall be understood to include and shall be applied to gender. 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.

2. And be it enacted, That where any person seised of any land If trustee or

mortgagee of any land die without an heir, court of Chan

cery may appoint a person to convey.

Lands, &c.,

vested in any
trustee shall
not be escheated
by reason of the
attainder of
such trustee.

To whom and to what cases

this act shall extend.

This act not to prevent the escheat of any beneficial interest.

Where any per

lands, &c., as a trustee, shall

have died without heirs, or

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.

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.

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.

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.

6. "And whereas it is expedient to relieve persons beneficially son possessing 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 land, chattels, or stock, as a trustee thereof, either in whole or in part, or jointly with some other trustee or to the control trustees, shall have died without an heir, or shall have been con

have been convicted, before

the passing of

this act, the

lands, &c., shall

become subject

victed of any offence (a) whereby the said land, chattels, or stock, or of the court of 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: pro- Proviso. vided 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.

Payment of Debts.

11 GEO. IV. & 1 WILL. IV. c. 47.-[Royal Assent, July 16th, 1830].

Au Act for consolidating and amending the Laws for facilitating the
Payment of Debts out of Real Estate.

WHEREAS an act was passed in the third and fourth years of King 3 & 4 Will. and William and Queen Mary, intituled "An Act for the Relief of Cre- Mary, c. 14. ditors against fraudulent Devises:" which was made perpetual by an

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c. 14.

Anne, c. 5,

(I.).

act passed in the sixth and seventh years of King William the Third, 6 & 7 Will. 3, intituled “An Act for continuing several Laws therein mentioned: and whereas an act was passed by the Parliament of Ireland, in the fourth year of Queen Anne, intituled "An Act for Relief of Creditors against fraudulent Devises:" and whereas an act was passed in the forty-seventh year of his late Majesty King George the Third, inti- 47 Geo. 3, c. 74. tuled "An Act for more effectually securing the payment of Debts of Traders:" and whereas it is expedient that the provisions of the said recited acts should be enlarged, and that the said recited acts should

(a) In re Tyson, 1 Jur. 281, Ch.; 472, V. Ch.

Recited acts repealed.

For remedying frauds com

mitted on cre

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 authority of the same, That the said several recited acts shall be and the 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.

2. And whereas it is not reasonable or just that by the practice or contrivance of any debtors their creditors should be defrauded of their ditors by wills. just debts, and nevertheless it hath often so happened, that where 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 or persons making any such wills or testaments, limitations, dispositions, or appointments, shall have entered into any bond, covenant, or other specialty binding his, her, or their heirs) to be fraudulent, and clearly, absolutely, and utterly void, frustrate, and of none effect; any pretence, colour, feigned or presumed consideration, or any other matter or thing to the contrary notwithstanding.

Enabling creditors to recover upon bonds, &c.

3. And, for the means that such creditors may be enabled to recover upon such bonds, covenants, and other specialties, be it further enacted, That in the cases before mentioned every such creditor shall and may

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