LIMITATION OF 3 & 4W. 4, c. 27. the time limited at law. That was an analogy founded both in law and good sense, but it no longer remains in the discretion of the Court, but is incorporated in the statute.-Per Lord Chief Baron in Berrington v. Evans, 1 You & Coll. 439. In that case it was contended, on the authority of Sterndale v. Hankinson, 1 Sim. 393, that a bill filed by one creditor on behalf of himself and all others is a bill filed by all; and consequently that if such a bill was filed before the statute of limitations has attached to the debt of any creditor, it is sufficient to keep alive the claims of all the creditors; and consequently that one who has never heard of the suit, and notwithstanding he has suffered twenty years to elapse without taking any steps to recover his debt, may, where there is an available fund in court, insist on receiving payment rateably with the other creditors. The Court, however, held the claim to be clearly barred. "The statute says that such a claim shall not be made after twenty years, unless in the meantime some part of the money, either principal or interest thereon, shall have been paid, or some acknowledg. ment shall have been given in writing. These are the only excepNothing is said of the case of a bill being filed by one creditor for the benefit of the rest; and I cannot engraft another exception on the act of parliament."-Per Lord Chief Baron, 1 You. & Coll. 440. tions mentioned in the act. ASSETS. 3 & 4 Will. 4, c. 104. Freehold and in all cases to be assets for the 3 & 4 WILL. IV. c. 104. An Act to render freehold and copyhold Estates Assets for the Payment of simple and contract Debts. [29th August, 1833.] WHEREAS it is expedient that the payment of the debts of all persons should be secured more effectually than is done by the laws now in force; 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 from and after the passing of copyhold estates this act, when any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate, whether freehold, customaryhold, or copyhold, which he shall not by his last will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty; and that the heir or heirs at laws, customary heir or heirs, devisee or devisees of such debtor, shall be liable to all the same payment of simple contract or specialty debts. suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as the heir or heirs at law, devisee or devisees of any person or persons who died seised of freehold estates was or were before the passing of this act liable to in respect of such freehold estates at the suit of creditors by specialty in which the heirs were bound: provided always, that in the administration of assets by courts of equity under and by virtue of this act, all creditors by specialty in 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. ASSETS. 3 & 4 Will. 4, c. 104. 3 & 4 WILL. IV. c. 105. An Act for the Amendment of the Law relating to Dower. DOWER. 3 & 4 Will. 4, c. 105. words in the act: BE it 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 words and expressions hereinafter mentioned, Meaning of the which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; that is to say, the word "land" shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal (except such as are not liable to dower), and to any share thereof; and every word importing the singular number only shall extend and be applied to several persons Number. or things as well as one person or thing. II. And be it further enacted, that when a husband shall die, beneficially entitled to any land for an interest which shall not entitle his widow to dower out of the same at law, and such interest, whether wholly equitable, or partly legal and partly equitable, shall be an estate of inheritance in possession, or equal to an estate of inheritance in possession, (other than an estate in jointenancy), then his widow shall be entitled in equity to dower out of the same land. III. And be it further enacted, that when a husband shall have been entitled to a right of entry or action in any land, and his widow would be entitled to dower out of the same if he had recovered "Land." Widows to be entitled to dower out of equitable Seisin shall not be necessary to give title to dower. Dower. possession thereof, she shall be entitled to dower out of the same 3 & 4 Will. 4, although her husband shall not have recovered possession thereof; c. 105. No dower out of provided that such dower be sued for or obtained within the period during which such right of entry or action might be enforced. IV. And be it further enacted, that no widow shall be entitled to estates disposed dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or by his will. of. Priority to partial estates, charges, and specialty debts. Dower may be barred by a declaration in a deed; or by a declaration in the husband's will. Dower shall be subject to restrictions. Devise of real estate to the her dower. V. And be it further enacted, that all partial estates and interests, and all charges created by any disposition or will of a husband, and all debts, incumbrances, contracts, and engagements to which his land shall be subject or liable, shall be valid and effectual as against the right of his widow to dower. VI. And be it further enacted, that a widow shall not be entitled to dower out of any land of her husband when in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his widow shall not be entitled to dower out of such land. VII. And be it further enacted, that a widow shall not be entitled to dower out of any land of which her husband shall die wholly or partially intestate when, by the will of her husband duly executed for the devise of freehold estates, he shall declare his intention that she shall not be entitled to dower out of such land, or out of any of his land. VIII. And be it further enacted, that the right of a widow to dower shall be subject to any conditions, restrictions, or directions which shall be declared by the will of her husband, duly executed as aforesaid. IX. And be it further enacted, that where a husband shall devise widow shall bar any land out of which his widow would be entitled to dower if the same were not so devised, or any estate or interest therein, to or for the benefit of his widow, such widow shall not be entitled to dower out of or in any land of her said husband, unless a contrary intention shall be declared by his will. Bequest of personal estate to the widow shall not bar her dower. Agreement not to bar dower may be enforced. X. And be it further enacted, that no gift or bequest made by any husband to or for the benefit of his widow of or out of his personal estate, or of or out of any of his land not liable to dower, shall defeat or prejudice her right to dower, unless a contrary intention shall be declared by his will. XI. Provided always, and be it further enacted, that nothing in this act contained shall prevent any court of equity from enforcing any covenant or agreement entered into by or on the part of any husband not to bar the right of his widow to dower out of his lands, or any of them. XII. And be it further enacted, that nothing in this act contained shall interfere with any rule of equity, or of any ecclesiastical court, by which legacies bequeathed to widows in satisfaction of dower are entitled to priority over other legacies. XIII. And be it further enacted, that no widow shall hereafter be entitled to dower ad ostium ecclesiæ, or dower ex assensu patris. XIV. And be it further enacted, that this act shall not extend to the dower of any widow who shall have been or shall be married on or before the first day of January, one thousand eight hundred and thirty-four, and shall not give to any will, deed, contract, engagement, or charge executed, entered into, or created before the said first day of January one thousand eight hundred and thirty-four, the effect of defeating or prejudicing any right to dower. 3 & 4 WILL. IV. c. 106. An Act for the Amendment of the Law of Inheritance. [29th August, 1833]. INHERITANCE. 3 & 4 Will. 4, c. 106. words in the act: BE it 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 words and expressions hereinafter men- Meaning of tioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act should exclude such construction, be interpreted as follows; (that is to say), the word "land" "Land.” shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal, and whether freehold or copyhold, or of any other tenure, and whether descendible according to the common law, or according to the custom of gavelkind or borough-English, or any other custom, and to money to be laid out in the purchase of land, and to chattels and other personal property transmissible to heirs, and also to any share of the same hereditaments and properties or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right, or title of entry or action, and any other interest capable of being inherited, and whether the same INHERITANCE. 3 & 4 Will. 4, c. 106. "The purchaser." "Descent." estates, possibilities, rights, titles, and interests, or any of them, shall be in possession, reversion, remainder, or contingency; and the words "the purchaser " shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent; and the word "descent" shall mean the title to inherit land by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other "Descendants." issue; and the expression "descendants" of any ancestor shall extend to all persons who must trace their descent through such ancestor; and the expression "the person last entitled to land" shall extend to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof; and the word "assurance" shall mean any deed or instrument (other than a will) by which any land shall be conveyed or transferred at law or in equity; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. "Person last entitled." "Assurance." Number and gender. Descent shall always be traced last owner shall Heir entitled under a will shall take as devisee, and a II. And be it further enacted, that in every case descent shall be traced from the purchaser; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land shall, for the purposes of this act, be considered to have been the purchaser thereof unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same. III. And be it further enacted, that when any land shall have been devised, by any testator who shall die after the thirty-first day of December one thousand eight hundred and thirty-three, to the limitation to the heir or to the person who shall be the heir of such testator, such heirs shall creheir shall be considered to have acquired the land as a devisee, and ate an estate by not by descent; and when any land shall have been limited, by any purchase. assurance executed after the said thirty-first day of December one thousand eight hundred and thirty-three, to the person or to the grantor or his |