THE UNREPEALED GENERAL ACTS OF THE GOVERNOR GENERAL IN COUNCIL. ACT No. II OF 18341. [20th November, 1834.] powers of taries. BE it enacted that each of the Secretaries to the Government of India Secretaries to and to the Government of Fort William in Bengal shall be competent to Government perform all the duties and to exercise all the powers which by any Act of to exercise Parliament or any Regulation now in force are assigned to the Chief Secre- Chief Secre tary to the Government of Fort William in Bengal; and that each of the Secretaries to the Governments of Fort St. George and Bombay respectively shall be competent to perform all the duties, and to exercise all the powers which, by any Act of Parliament, or any Regulation now in force are assigned to the Chief Secretaries to the Governments of Fort St. George and Bombay respectively. 1 Short title, "The Secretaries to Government Act, 1834. " See the Indian Short Titles Act, 1897 (XIV of 1897). This Act has been declared, under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), printed, General Acts, Vol. II, to be in force in the following Scheduled Districts, namely :-the Districts of Hazáribágh, Lohárdaga and Mánbhum, and Pargana Dhálbhum and the Kolhán in the District of Singbhum. See Gazette of India, 1881, Pt. I, p. 504. See the East India Company Act, 1793 (33 Geo. 3, c. 52), s. 39, and the East India Company Act, 1813 (53 Geo. 3, c. 155), s. 79, printed, Collection of Statutes relating to India, Ed. 1881, Vol. 1, pp. 108 and 163, respectively. A (Secs. 1-2.) All subjects of Crown empowered to hold land. Rules applied to holding under Act. ACT No. IV OF 1837 1. [17th April, 1837.] 1. It shall be lawful for any subject of His Majesty to acquire and hold in perpetuity, or for any term of years, property in land, or in any emoluments issuing out of land, in any part of the territories of the East India Company. 3 2. All rules which prescribe the manner in which such property as is aforesaid may now be acquired and held by Natives of the said territories shall extend to all persons who shall, under the authority of this Act, acquire or hold such property. 5 Short title, "The Property in Land Act, 1837." See the Indian Short Titles Act, 1897 (XIV of 1897). This Act appears to have been passed pursuant to the Government of India Act, 1833 (3 & 4 Will. 4, c. 85), s. 86, printed, Collection of Statutes relating to India, Ed. 1881, Vol. I, p. 241. It has been declared, by the Laws Local Extent Act, 1874 (XV of 1874), s. 3, to be in force in the whole of British India, except as regards the Scheduled Districts. [For Act XV of 1874, see General Acts, Vol. II.] It has also been declared to be in force in the Santhal Parganas by the Santhal Parganas It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of West Jalpaiguri The District of Hazáribágh Ditto 1881, Pt. I, p. 74. Ditto 1881, Pt. I, p. 508. Ditto 1881, Pt. I, p. 509. It has been extended, by notification under s. 5 of the last-mentioned Act, to the Scheduled Districts of Kumáon and Garhwál. See Gazette of India, 1876, Pt. I, p. 606. 2 Certain formal words, which were repealed by the Repealing Act, 1874 (XVI of 1874), have been omitted. For the old law, see the Bengal Land-revenue Regulation, 1793 (II of 1793), ss. 17 and 46), repealed by the Repealing Act, 1868 (VIII of 1868), s, 1, and the Repealing Act, 1874 (XVI cf 1874), s. 1, respectively. For definitions of the term "Natives of India," see the Government of India Act, 1870 (33 Vict., c. 3), s. 6, and the Army Act (44 & 45 Vict., c. 58), s. 190 (22), printed, Collection of Statutes relating to India, Ed. 1881, Vol. II, p. 879, and Supplement, p. 118. 5 See also the Landholders' Public Charges and Duties Act, 1853 (II of 1853), infra, p. 88, 12 Chas. 2, 3. 24. (Sec. 1.) ACT No. XXV OF 1838 1. [8th October, 1938.] tion. 1. Ir is hereby enacted that the words and expressions hereinafter Interpretamentioned 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 "will" shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament of devise of the custody and tuition of any child by virtue of an Act passed in the twelfth year of the reign of King Charles the Second, intituled "An Act for taking away the Court of Wards and liveries, and tenures in capite and by Knight's service and purveyance, and for settling a revenue upon His Majesty in lieu thereof," or by virtue of an Act passed in the Parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled "An Act for taking away the Court of Wards and liveries, and tenures in capite and by Knight's service," and to any other testamentary disposition; and Short title, "The Wills Act, 1838." See the Indian Short Titles Act, 1897 (XIV of 1897). The whole Act, except as to wills made before the 1st Jannary, 1866, was repealed by the As to wills made before the 1st January, 1866, the Act has been declared, by the Laws It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), printed, General Acts, Vol. II, to be in force in the following Scheduled Districts, namely: " Will." Ditto 1881, Pt. I, p. 504. The Scheduled portion of the Ditto 1879, Pt. I, p. 383. Jaunsar Báwar The Districts of Hazára, Peshawar, Kohát, Bannu, Dera Ismail Khán and Dera Gházi Khán The District of Lahaul The District of Sylhet The rest of Assam (except the It has been extended, by notification under s. 5 of the last-mentioned Act, to the Scheduled "Real estate." "Personal estate." Number and gender. Enactments repealed. (Sec. 2.) the words "real estate" shall extend to messuages, lands, rents and hereditaments, whether corporeal, incorporeal or personal, and to any undivided share thereof, and to any estate, right or interest (other than a chattel interest) therein; and The words "personal estate" shall extend to leasehold estates and other chattels real, and also to moneys, shares of Government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; 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. 2.1 An Act passed in the thirty-second year of the reign of King Henry 32 Hen. 8, c.1. the Eighth, intituled "The Act of Wills, Wards and primer seisins, whereby a man may devise two parts of his land," and also an Act passed in the thirty-fourth and thirty-fifth years of the reign of 34 & 35 Hen. the said King Henry the Eighth, intituled "The Bill concerning the 8, c. 5. explanation of Wills," and also an Act passed in the Parliament of Ireland in the tenth year of the reign of King Charles the First, intituled "An Act how Lands, Tenements, etc., may be disposed by will or otherwise, and concerning wards and primer seisins," and also so much of an Act passed in the twenty-ninth year of the reign of King 29 Chas. 2, Charles the Second, intituled " An Act for prevention of Frauds and Per- c. 3. juries," and of an Act passed in the Parliament of Ireland in the seventh year of the reign of King William the Third, intituled "An Act for prevention of Frauds and Perjuries as relates to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise or bequest therein," and also so much of an Act passed in the fourth and fifth years of the reign of Queen Anne, intituled " An Act for the amendment of the Law 4 & 5 Anne, 1 Certain formal words, which were repealed by the Repealing and Amending Act, 1891 (XII of 1891), have been omitted. 2 Repealed by 7 Will. 4 & 1 Vict., c. 26, s. 2, except as to wills made before 1838. "The Statute of Frauds," printed, Collection of Statutes relating to India, Ed. 1881, Vol. I, p. 27. c. 13. (Secs. 3-4.) 14 Geo. 2, c. 20. 25 Geo. 2, c. 6. and the better advancement of Justice," and of an Act passed in the Parlia so far as the following Acts may be construed to have any operation so much of an Act passed in the fourteenth 1 year of the reign of King George the Second, intituled "An Act to amend the law concerning common recoveries, and to explain and amend an Act made in the twenty-ninth year of the reign of King Charles the Second, intituled 'An Act for prevention of frauds and perjuries,' as relates to estates pur autre vie; and also an Act passed in the twenty-fifth year of the reign of King George the Second, intituled "An Act for avoiding and putting an end to certain doubts and questions relating to the attestation of wills and codicils concerning real estates in that part of Great Britain called England, and in His Majesty's colonies and plantations in America,2" * * * * 3 and also an Act passed in the Parliament of Ireland in the same twenty-fifth year of the reign of King George the Second, intituled "An Act for the avoiding and putting an end to certain doubts and questions relating to the attestation of wills and codicils concerning real estates, " shall from the passing of this Act cease to have effect in the territories of the East India Company, except so far as the same Acts or any of them respectively relate to any wills or estates pur autre vie to which this Act does not extend. 4 3. This Act shall only extend to the wills of persons whose personal Wills to property cannot by the law of England pass to their representatives without which Act applies. probate or letters of administration obtained in one of Her Majesty's Supreme Courts of Judicature, and that the Statutes and parts of Statutes aforesaid Limitation of are only repealed as far as they relate to the succession to the property of repeal. such persons. 4. It shall be lawful for every person to devise, bequeath or dispose Property disposable of by his will, executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, Repealed by the Statute Law Revision Act, 1867. 2 Repealed, except as to American Colonies and except as to wills made before 1838, by 7 Will. 4 & 1 Vict., c. 26, s. 2. 3 The words "except so far as relates to His Majesty's colonies and plantations in America", were repealed by the Repealing and Amending Act, 1891 (XII of 1891). Certain formal words, which were repealed by the Repealing and Amending Act, 1891 (XII of 1891), have been omitted. by will. |