« SebelumnyaLanjutkan »
operate to give to the mortgagor or mortgagors a right to redeem No. 7. the mortgage as against the person or persons entitled to any other Act 3 & 4 undivided or divided part of the money or land or rent; and where W. 4, c. 27. such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgaged money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage.
XXIX. Provided always, and be it further enacted, That it shall No lands or be lawful for any archbishop, bishop, dean, prebendary, parson, rents to be vicar, master of hospital, or other spiritual or eleemosynary
ecclesiastical corporation sole, to make an entry or distress or to bring an
eleemosynary action or suit to recover any land or rent within such period as corporations hereinafter is mentioned next after the time at which the right of sole but within such corporation sole, or of his predecessor, to make such entry two incumbeu
cies and six or distress, or bring such action or suit shall first have accrued; (that is to say,) the period during which two persons in succession
years, or sixty
years. shall have held the office or benefice in respect whereof such land or rent shall be claimed, and Six years after a third person shall have been appointed thereto, if the times of such two incumbencies and such term of Six years taken together shall amount to the full period of Sixty years ; and if such times taken together shall not amount to the full period of Sixty years, then during such further number of years in addition to such Six years as will, with the time of the holding of such two persons and such Six years,
the full period of Sixty years; and after the said Thirty-first day of December, One thousand eight hundred and thirty-three, no such entry, distress, action, or suit shall be made or brought at any time beyond the determination of such period.
XXX. And be it further enacted, That after the said Thirty-first No adrowson to day of December, One thousand eight hundred and thirty-three, no le recovered person shall bring any quare impedit or other action, or any
but within suit
three incumbento enforce a right to present to or bestow any church, vicarage, or cies or sixty other ecclesiastical benefice, as the patron thereof, after the expira- years, tion of such period as hereinafter is mentioned ; (that is to say,) the period during which three clerks in succession shall have held the same, all of whom shall have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together shall amount to the full period of sixty years; and if the times of such incumbencies shall not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies will make up the full period of sixty years.
XXXI. Provided always, and be it further enacted, That when on Incumbencies the avoidance, after a clerk shall have obtained possession of an after lapse to ecclesiastical benefice adversely to the right of presentation or gift be reckoned of the patron thereof, a clerk shall be presented or collated thereto within the
period, but not by His Majesty or the ordinary by reason of a lapse, such last
incumbencies mentioned clerk shall be deemed to have obtained possession ad- after promotions
versely to the right of presentation or gift of such patron as aforeAct 3 & 4 said ; but when a clerk shall have been presented by His Majesty W. 4, c. 27. upon the avoidance of a benefice in consequence of the incumbent
thereof having been made a bishop, the incumbency of such clerk shall, for the purposes of this Act, be deemed a continuation of the
incumbency of the clerk so made bishop. When person
XXXII. And be it further enacted, That in the construction of claiming an this Act every person claiming a right to present to or bestow any alvowson in
ecclesiastical benefice as patron thereof, by virtue of any estate, remainder, &c., after an estate
interest, or right which the owner of an estate tail in the advowson tail shall be might have barred, shall be deemed to be a person claiming through barred.
the person entitled to such estate tail, and the right to bring any
quare impedit, action or suit, shall be limited accordingly. No advowson to XXXIII. Provided always, and be it further enacted, That after be recovered
the said Thirty-first day of December, One thousand eight hundred after 100 years, and thirty-three, no person shall bring any quare impedit, or other
action or any suit to enforce a right to present to or bestow any ecclesiastical benefice, as the patron thereof, after the expiration of One hundred years from the time at which a clerk shall have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest, or undivided share or alternate right of presentation or gift, held or derived under the same title, unless a clerk shall subsequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an
estate, share, or right held or derived under the same title. At the end of XXXIV. And be it further enacted, That at the determination of the period of the period limited by this Act to any person for making an entry limitation, the
or distress, or bringing any writ of quare impedit or other action right of the party out of
or guit, the right and title of such person to the land, rent, or adprissession to be vowson for the recovery whereof such entry, distress, action, or extinguished, suit respectively might have been made or brought within such
period, shall be extinguished. Heceipt of rent XXXV. And be it further enacted, That the receipt of the rent to be deemed
payable by any tenant from year to year, or other lessee, shall, as l'eceipt of profits.
against such lessee or any person claiming under him (but subject to the lease), be deemed to be the receipt of the profits of the land
for the purposes of this Act. Real and mixed XXXVI. And be it further enacted, That no writ of right patent actions abo
writ of right quia dominus remisit curiam, writ of right in capite, Jished after the 31st December, writ of right in London, writ of right close, writ of right de ration1834, abili parte, writ of right of advowson, writ of right upon disclaimer,
writ de rationabilibus divisis, writ of right of ward, writ de consuetudinibus et servitiis, writ of cessavit, writ of escheat, writ of quo jure, writ of secta ad molendinum, writ de essendo quietum de theolonio, writ of ne injuste vexes, writ of mesne, writ of quod permittat, writ of formedon in descender, in remainder, or in reverter, writ of assize of novel disseisin, nuisance, darrein-presentment, juris utrum, or mort d'ancestor, writ of entry sur disseisin, in the quibus, in the per, in the per and cui, or in the post, writ of entry sur intrusion, writ of entry sur alienation dum fuit non compos mentis, dum fuit infra ætatem, dum fuit in prisona, ad communem legem, in casu proviso, in consimili casu, cui in vita, sur cui in
vita, cui ante divortium, or sur cui ante divortium, writ of entry sur No. 7. abatement, writ of entry quare ejecit infra terminum, or ad termi- Act 3 & 4 num qui præteriit, or causa matrimonii prælocuti, writ of aiel, W. 4, c. 27. besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, writ of disceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartæ, writ of curia claudenda, or writ per quæ servitia, and no other action, real or mixed, (except a writ of except for right of dower, or writ of dower unde nihil habet, or a quare im- dower, quare pedit, or an ejectment,) and no plaint in the nature of any such impedit, and
ejectment. writ or action (except a plaint for freebench or dower,) shall be brought after the Thirty-first day of December, One thousand eight hundred and thirty-four.
XXXVII. Provided always, and be it further enacted, That Real actions when on the said Thirty-first day of December, One thousand eight may be brought hundred and thirty-four, any person who shall not have a right of uutil the 1st entry to any land shall be entitled to maintain any such writ or
June, 1835. action as aforesaid in respect of such land, such writ or action may be brought at any time before the First day of June, One thousand eight hundred and thirty-five in case the same might have been brought if this Act had not been made, notwithstanding the period of twenty years hereinbefore limited shall have expired.
XXXVIII. Provided also, and be it further enacted, That when, Saving the on the said First day of June, One thousand eight hundred and rights of thirty-five, any person whose right of entry to any land shall have persons entitled been taken away by any descent cast, discontinuance, or warranty, only at the might maintain any such writ or action as aforesaid in respect of such land, such writ or action may be brought after the said First of the Act, &c. day of June, One thousand eight hundred and thirty-five, but only within the period during which by virtue of the provisions of this Act an entry might have been made upon the same land by the person bringing such writ or action if his right of entry had not been so taken away.
XXXIX. And be it further enacted, That no descent cast, dis- No descent, continuance, or warranty which may happen or be made after the warranty, &c., said Thirty-first day of December, One thousand eight hundred and to bar a right thirty-three shall toll or defeat any right of entry or action for the recovery of land.
XL, `And be it further enacted, That after the said Thirty-first Money charged day of December, One thousand eight hundred and thirty-three, no upon land and action or suit or other proceeding shall be brought to recover any legacies to be sum of money secured by any mortgage, judgment, or lien, or
at the end of otherwise charged upon or payable out of any land or rent, at law
twenty years if or in equity, or any legacy, but within twenty years next after a there shall be present right to receive the same shall have accrued to some person no interest paid capable of giving a discharge for or release of the same, unless in or acknowledg
ment in the mean time some part of the principal money, or some interest
writing in thereon shall have been paid, or some acknowledgment of the right the mean time. thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the
person entitled thereto, or his agent; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments if more than one was given.
No arrears of XLI. And be it further enacted, that after the said Thirty-first dower to be
recovered for day of December, One thousand eight hundred and thirty-three, no
more than six
No. 7. arrears or dower, nor any damages on account of such arrears, shall Act 3 & 4 be recovered or obtained by any action or suit for a longer period W. 4, c. 27. than six years next before the commencement of such action
or suit. No arrears of XLII. And be it further enacted, That after the said Thirty-first rent or interest day of December, One thousand eight hundred and thirty-three, no to be recovered for more than
arrears of rent or of interest in respect of any sum of money six years.
charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent: Provided nevertheless, that where any prior mortgagee or other incumbrancer shall have been in possession of any land, or in the receipt of the profits thereof, within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other incumbrance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due during the whole time that such prior mortgagee or incumbrancer was in such possession or receipt as aforesaid, although such time may have
exceeded the said term of six years. Act to extend to XLIII. And be it further enacted, That after the said thirtythe Spiritual first day of December, One thousand eight hundred and thirtyCourts.
three, no person claiming any tithes, legacy, or other property for the recovery of which he might bring an action or suit at law or in equity shall bring a suit or other proceeding in any spiritual Court to recover the same but within the period during which he might bring such action or suit at law or in equity.
XLIV. Provided always, and be it further enacted, That this extend to
Act shall not extend to Scotland, and shall not, so far as it relates Scotland, nor to
to adrowsons in
any right to permit to or bestow any church, vicarage, or other Ireland, ecclesiastical benefice, extend to Ireland. Act may be
XLV. And be it further enacted, That this Act may be amended, amended. altered, or repealed during this present Session of Parliament.
Act not to
No. 8. Act 3 & 4 W.4, c. 106.
Meaning of words in the Act:
No. 8.—Wm. 4, ch. 106. An Act for the Amendment of the Law of
Inheritance. (29th August, 1833.)
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, 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, 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 No. 8. personal property transmissible to heirs, and also to any share of Act 3 & 4 the same hereditaments and properties, or any of them, and W. 4, c. 106. 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 estates, possibilities, rights, titles, and interests, or any of them, shall be in possession, reversion, remainder, or contingency; and the words “the “The purpurchaser” shall mean the person who last acquired the land chaser." 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 “Descent.” 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 issue; and the expression “descendants of any ancestor shall “Descendants.” extend to all persons who must trace their descent through such ancestor; and the expression “the person last entitled to land ” “ Person last shall extend to the last person who had a right thereto, whether he entitled.” did or did not obtain the possession or the receipt of the rents and profits thereof; and the word “assurance” shall mean any deed “Assurance.” or instrument (other than a will) by which any land shall be conveyed or transferred at law or in equity; and every word importing Number and the singular number only shall extend and be applied to several gender. 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.
II. And be it further enacted, That in every case descent shall Descent shall be traced from the purchaser; and to the intent that the pedigree always be may never be carried further back than the circumstances of the traced from the case and the nature of the title shall require, the person last purchaser, but entitled to the land shall, for the purposes of this Act, be con- shall be considered to have been the purchaser thereof, unless it shall be sidered to be proved that he inherited the same, in which case the person from the purchaser,
unless the whom he inherited the same shall be considered to have been the
contrary be purchaser, unless it shall be proved that he inherited the same; and
proved. 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 Heir entitled been devised by any testator who shall die after the Thirty-first under a will day of December, One thousand eight hundred and thirty-three, to shall take as
devisee, and the heir or to the person who shall be the heir of such testator, such
a limitation to heir shall be considered to have acquired the land as a devisee, the grantor or and not by descent; and when any land shall have been limited, his heirs shall by any assurance executed after the said Thirty-first day of Decem- create an estate ber, One thousand eight hundred and thirty-three, to the
by purchase. to the heirs of the person who shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser 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 Where heirs acquired any land by purchase under a limitation to the heirs or take by purto the heirs of the body of any of his ancestors, contained in an
chase under limitations to