heirs of the person who shall thereby have conveyed the same land, INHERITANCE. such person shall be considered to have acquired the same as a pur- 3 & 4 Will. 4, chaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof. IV. And be it further enacted, that when any person shall have acquired any land by purchase under a limitation to the heirs or to the heirs of the body of any of his ancestors, contained in an assurance executed after the said thirty-first day of December one thousand eight hundred and thirty-three, or under a limitation to the heirs or to the heirs of the body of any of his ancestors, or under any limitation having the same effect, contained in a will of any testator who shall depart this life after the said thirty-first day of December one thousand eight hundred and thirty-three, then and in any of such cases such land shall descend and the descent thereof shall be traced as if the ancestor named in such limitation had been the purchaser of such land. V. And be it further enacted, that no brother or sister shall be considered to inherit immediately from his or her brother or sister, but descent from a brother or sister shall be traced through the parent. every VI. And be it further enacted, that every lineal ancestor shall be capable of being heir to any of his issue; and in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit, either by tracing his descent through such lineal ancestor or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his issue, other than a nearer lineal ancestor or his issue. c. 106. Where heirs take by purchase under li mitations to the heirs of their land shall descend as if the been the pur ancestor, the ancestor had chaser. Brothers, &c., shall trace detheir parent. scent through Lineal ancestor may be heir in collateral perpreference to sons claiming through him. VII. And be it further enacted and declared, that none of the The male line maternal ancestors of the person from whom the descent is to be to be preferied. traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and also that no female paternal ancestor of such person, nor any of her descendants shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed; and that no female maternal ancestor of such person, nor any of her descendants shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed. VIII. And be it further enacted and declared, that where there shall be a failure of male paternal ancestors of the person from T2 The mother of more remote male ancestor INHERITANCE. c. 106. to the mother whom the descent is to be traced, and their descendants, the mother 3 & 4 Will. 4, of his more remote male paternal ancestor, or her descendants, shall be the heir or heirs of such person in preference to the mother of a to be preferred less remote male paternal ancestor, or her descendants; and where there shall be a failure of male maternal ancestors of such person, and their descendants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person in preference to the mother of a less remote male maternal ancestor and her descendants. of the less remote male an cestor. Half blood, if on the part of a male ancestor, to inherit after of the same de gree; if on the part of a female ancestor, after her. IX. And be it further enacted, that any person related to the person from whom the descent is to be traced by the half blood shall be capable of being his heir; and the place in which any such the whole blood relation by the half blood shall stand in the order of inheritance so as to be entitled to inherit, shall be next after any relation in the same degree of the whole blood, and his issue, where the common ancestor shall be a male, and next after the common ancestor where such common ancestor shall be a female, so that the brother of the half blood on the part of the father shall inherit next after the sisters of the whole blood on the part of the father and their issue, and the brother of the half blood on the part of the mother shall inherit next after the mother. After the death of a person attainted, his descendants may inherit. Act not to extend to any descent before Jan. 1834. Limitations made before the 1st Jan. 1834, to the heirs of a person then living, shall take X. And be it further enacted, that when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same, by tracing his descent through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the first day of January one thousand eight hundred and thirty-four. XI. And be it further enacted, that this act shall not extend to any descent which shall take place on the death of any person who shall die before the said first day of January one thousand eight hundred and thirty-four. XII. And be it further enacted, that where any assurance executed before the said first day of January one thousand eight hundred and thirty-four, or the will of any person who shall die before the same first day of January one thousand eight hundred and thirty-four, shall contain any limitation or gift to the heir or heirs of any person, under which the person or persons answering the description of heir shall be entitled to an estate by purchase, then the 3 & 4 Will. 4, c. 106. person or persons who would have answered such description of INHERITANCE. heir if this act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said first day of January one thousand eight hundred and thirty-four. 4 WILL. IV. c. 22. APPORTION An Act to amend an Act of the Eleventh Year of King George the [16th June, 1834]. other periodical Payments. ODICAL PAY MENTS. 4 Will. 4, c. 22. of his Majesty King George the Second, intituled " An Act for the 11 Geo. 2, c. 19. more effectual securing the payment of rents, and preventing frauds by tenants," it was enacted, that where any tenant for life should happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments which determined on the death of such tenant for life, the executors or administrators of such tenant for life should and might, in an action on the case, recover of and from such undertenant or undertenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made payable the whole, or if before such day then a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively: And whereas doubts have been entertained whether the provisions of the said act apply to every case in which the interests of tenants determine on the death of the person by whom such interests have been created, and on the death of any life or lives for which such person was entitled to the lands demised, although every such case is within the mischief intended to have been remedied and prevented by the said act; and it is therefore desirable that such doubts should be removed by a declaratory law: And whereas, by law, rents, annuities, and other payments due at fixed or stated periods are not apportionable (unless express provision be made for the purpose), from which it often happens that persons (and their representatives) whose income is wholly or principally derived from these sources by the determina- APPORTION MENT OF PERI- Rents reserved on leases deter mining on the death of the tion thereof before the period of payment arrives are deprived of means to satisfy just demands, and other evils arise from such rents, annuities, and other payments not being apportionable, which evils 4 Will. 4, c. 22. require remedy: Be it therefore enacted and declared 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 rents reserved and made payable on any demise or lease of lands, tenements, or hereditaments which have been and shall be made, and which leases or demises determined or shall determine on the death of the person making the same (although such person was not strictly tenant for life thereof), or on the death of the life or lives for which such person was entitled to such hereditaments, shall, so far as respects the rents reserved by such leases, and the recovery within the pro- of a proportion thereof by the person granting the same, his or her executors or administrators (as the case may be), be considered as within the provisions of the said recited act. person making them (though not strictly tenant for life), or on the death of the tenant pur autre vie, to be considered as visions of re cited act. All rents, annuities, and other payments coming due at fixed periods to be apportioned; subject to all just deductions. II. And be it further enacted, that from and after the passing of this act all rents service reserved on any lease by a tenant in fee or for any life interest, or by any lease granted under any power (and which leases shall have been granted after the passing of this act), and all rents charge and other rents, annuities, pensions, dividends, moduses, compositions, and all other payments of every description, in the united kingdom of Great Britain and Ireland, made payable or coming due at fixed periods under any instrument that shall be executed after the passing of this act, or (being a will or testamentary instrument) that shall come into operation after the passing of this act, shall be apportioned so and in such manner that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice from or in respect of which the same shall be issuing or derived, or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators, or assigns, shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person, or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, pay APPORTION MENT OF PERI- 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, 4 Will. 4, c. 22. compositions, and other payments, when the entire portion of which Remedies for such apportioned parts shall form part shall become due and obtaining the apportioned able, and not before, as he, she, or they would have had for reco- parts. vering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments if entitled thereto, but 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. to certain cases. III. Provided always, and be it enacted, that the provisions Act not to apply 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. ANNOTATION. By the stat. for the Commutation of Tithes, 6 & 7 Will. 4, c. 71, s. 86, it is enacted, that all rent charges payable under that act shall be subject to all the several provisions of the 4 Will. 4, c. 22. 4 & 5 WILL. IV. c. 23. An Act for the Amendment of the Law relative to the Escheat and ESCHEAT AND Forfeiture of real and personal Property holden in Trust. [27th June, 1834.] 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 FORFEITURE. 4&5 W. 4, c. 32. |